MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary, Division A; Public Health and Welfare
By: Senator(s) Harkins
AN ACT TO AMEND SECTION 41-61-57, MISSISSIPPI CODE OF 1972, TO REVISE THE REMOVAL FROM OFFICE OF A COUNTY MEDICAL EXAMINER OR COUNTY MEDICAL EXAMINER INVESTIGATOR FOR GOOD CAUSE SHOWN IN A DULY HELD HEARING; TO AMEND SECTION 9-1-27, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-61-57, Mississippi Code of 1972, is amended as follows:
41-61-57. (1) There are * * * created the positions of county medical
examiners and county medical examiner investigators, to be established as
herein provided through successful completion of the death investigation
training school provided for in subsection (5) of this section. * * *
A county medical examiner
(CME) * * *
must be a doctor of medicine (M.D.) or osteopathic medicine (D.O.)
licensed in the State of Mississippi. * * * A county medical examiner
investigator (CMEI) * * *
must be a nonphysician who * * *, at a minimum, * * * possesses a high school
graduation diploma or its equivalent. * * * Additional compensation
for the CMEI position may be given for experience * * * or training in health-related fields and
medicolegal death investigations.
(2) Each coroner elected in
the 1987 general election and thereafter, upon successful completion of the
death investigation training school provided for in subsection (5) of this
section, shall be recognized as a county medical examiner or county medical examiner
investigator, according to the qualifications set out in subsection (1) of this
section, and shall be designated the chief for the county in which he was
elected. If the elected or appointed coroner fails to successfully complete
the death investigation training school, and thus is unable to take the oath of
office * * * as
provided in Section 19-21-105, there shall promptly be appointed a coroner pro
tempore in the manner prescribed by Section 9-1-27, and that person shall be
designated the chief county medical examiner or county medical examiner
investigator until the time of the next death investigation training school,
which * * * the
elected coroner must successfully complete or be removed from office. * * *
An elected coroner who has
failed to successfully complete the death investigation training school may
attend any subsequent death investigation training school conducted during the
term for which he was elected, and upon the successful completion thereof, * * * shall become the chief CME or CMEI for the
county in which * * *
elected. The coroner pro tempore then shall become a deputy CME or CMEI, * * *
if he has successfully
completed the death investigation training school. * * *
(3) There shall be at least
one (1) county medical examiner * * * or county medical examiner investigator
for each county, and one (1) county medical examiner or county medical examiner
investigator shall be designated as the chief for each county, except as
otherwise provided in subsection (4) of this section. Any county may have
deputy county medical examiners or deputy county medical examiner investigators
as deemed necessary who shall be appointed jointly by the board of supervisors
and the CME or CMEI. However, when the population of a county reaches a total
of twenty thousand (20,000) or greater, there shall be one or more officially
appointed deputies. Deputies shall be subject to the same qualifications,
training and certification requirements, and shall possess the same authority
and discharge the same duties, as other county medical examiners or county
medical examiner investigators, and shall receive fees and expenses as provided
in Sections 41-61-69 and 41-61-75. Any CME or CMEI may be removed by the State
Medical Examiner * * * before the expiration of his term as CME or CMEI for
inefficiency, or other good cause, after written notice and * * * hearing * * * as
provided in Section 3 of this act.
(4) One (1) person may
serve as the chief CME or CMEI for two (2) or more adjacent counties * * * if the person * * *, the boards of supervisors
of each county involved, and the State Medical Examiner consent in
writing. Each respective county involved shall be responsible for payment for
the services given to that county by the chief CME or CMEI.
(5) Chief and deputy CME's
and CMEI's shall attend the death investigation training school provided by the
Mississippi Crime Laboratory and the State Medical Examiner, and shall
successfully complete subsequent testing on the subject material by the State
Medical Examiner at least once every four (4) years. Room, board and
transportation expenses for attending the school shall be borne by the county
in which the CME or CMEI is serving. In addition to the * * * quadrennial training, the
individual shall receive at least twenty-four (24) hours annually of continuing
education as prescribed and certified by the State Medical Examiner. If the * * * training or continuing
education requirements are not met, the individual immediately shall be
disqualified and removed from office as CME * * * or CMEI. Reapplication for the office may
be made the year following * * * removal.
SECTION 2. Section 9-1-27, Mississippi Code of 1972, is amended as follows:
9-1-27. Whenever a vacancy
shall exist in the office of clerk of any court, sheriff, or coroner, or the
position of county medical examiner or county medical examiner investigator,
and the vacancy shall not have been filled on or before the commencement of the
term of any court which the clerk, sheriff, * * * coroner, county medical examiner or
county medical examiner investigator, is required to attend, or if the
clerk, sheriff, * * *
coroner, county medical examiner or county medical examiner investigator,
shall be absent, deceased, become unable, or refuse to discharge his duties, or
be on trial therein, the court, or the judge or judges thereof, shall have
power to appoint a suitable person to discharge the duties of clerk, sheriff,
or coroner pro tempore, county medical examiner or county medical examiner
investigator, who shall take the oath required by law, and perform the
duties and receive the emoluments of the office to which he is appointed, until
the proper incumbent shall be duly qualified or return to his duties.
SECTION 3. The State Medical Examiner shall review, hear and decide complaints filed under this section, and may be assisted by his deputies and other staff in so doing.
Any person may initiate a complaint against a CME or CMEI by filing with the State Medical Examiner a written complaint on a form prescribed by him. A copy of the complaint shall be sent to the respondent by certified mail upon proper verification of the complaint; the State Medical Examiner may administratively dismiss a complaint that does not appear on its face to present a justiciable issue, or may cause the complaint to be further investigated before proceeding. The respondent shall be allowed thirty (30) days after receipt of the complaint to answer or such greater time as the State Medical Examiner may specify; a copy of the response must be mailed to the State Medical Examiner within the days allowed. The State Medical Examiner is authorized to investigate a complaint that appears to show the existence of inefficiency, moral turpitude, improper conduct or any other good cause, and may hold a hearing at a time and place fixed by the State Medical Examiner for the respondent to appear and show cause why he should not be subject to removal from his position.
The respondent shall be given thirty (30) days' notice of the hearing by United States certified mail.
Any party appearing before the State Medical Examiner may be accompanied by counsel.
If the respondent fails to appear for a hearing without good cause shown, the respondent shall be presumed to have waived his right to appear and be heard.
The State Medical Examiner shall call the hearing to order and the complainant and the respondent may give opening statements; sequestration of nonparty witnesses may be imposed.
The complainant shall then present the complaint. The respondent, any counsel, and the State Medical Examiner or his designee may ask questions of witnesses.
The respondent shall then present his case in rebuttal. The complainant, any counsel and the State Medical Examiner or his designee may ask questions of witnesses.
At the completion of the evidence, all parties may give closing statements.
At the conclusion of the hearing, the State Medical Examiner may either decide the issue at that time or take the case under advisement for further deliberation, but a decision shall be rendered not more than ninety (90) days after the close of the hearing; the decision shall be forwarded to the last-known business or residence address of the parties.
Upon satisfactory proof that the respondent is responsible for any act or omission charged, the State Medical Examiner may impose appropriate discipline of his choosing, including, but not limited to, a public or private admonition, or removal of the person from the position of CME or CMEI.
The State Medical Examiner is vested with full power and authority to hold and conduct hearings, compel the attendance of witnesses and the production of books, records and documents, issue subpoenas therefor, administer oaths, examine witnesses, and do all things necessary to properly conduct a hearing. The State Medical Examiner may waive the necessity of a hearing if the person accused of a violation admits responsibility. Any person who has been disciplined pursuant to this section may file with the State Medical Examiner a written notice stating that he feels himself aggrieved by the decision and may appeal therefrom to the Circuit Court of the First Judicial District of Hinds County. The circuit court shall determine whether the action of the State Medical Examiner was in accord or consistent with law, or was arbitrary, unwarranted or an abuse of discretion, and the matter shall be a priority case. The appeal shall be perfected upon filing notice of the appeal with the circuit court and by the prepayment of all costs, including the cost of the preparation of the record of the proceedings before the State Medical Examiner. An appeal from the circuit court judgment or decree may be reviewed by the Supreme Court as is provided by law for other appeals. An appeal of a decision or order of the State Medical Examiner does not act as a supersedeas.
Except as otherwise authorized in Section 7-5-39, the Attorney General shall be counsel and attorney for the State Medical Examiner and shall provide any legal services as may be requested by the State Medical Examiner from time to time.
SECTION 4. This act shall take effect and be in force from and after July 1, 2015.