Senate Bill 2479

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 CREATE THE MEDICAL EXAMINER REVIEW BOARD; 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 * * *~~hereby~~ 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. * * * ~~Each~~ A county medical examiner (CME) * * *~~shall~~ must be a doctor of medicine (M.D.) or osteopathic medicine (D.O.) licensed in the State of Mississippi. * * * ~~Each~~ A county medical examiner investigator (CMEI) * * *~~shall~~ must be a nonphysician who * * * ~~shall, as~~, at a minimum, * * * ~~possess~~ possesses a high school graduation diploma or its equivalent. * * * ~~Extra consideration~~ Additional compensation for the CMEI position may be given for experience * * *~~and/~~ 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 * * *he the elected coroner must successfully complete or be removed from office. * * * ~~Any~~ 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, * * *he shall become the chief CME or CMEI for the county in which * * *~~he was~~ elected. The coroner pro tempore then shall become a deputy CME or CMEI, * * * ~~provided~~ if he has successfully completed the death investigation training school. * * *

(3) There shall be at least one (1) county medical examiner * * *~~and/~~ 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. * * *

(4) One (1) person may serve as the chief CME or CMEI for two (2) or more adjacent counties * * * ~~when that~~ if the person * * * ~~consents and~~, 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 * * *~~above~~ 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 * * *~~above requirements for~~ training or continuing education requirements are not met, the individual immediately shall be disqualified and removed from office as CME * * *~~and/~~ or CMEI. Reapplication for the office may be made the year following * * * ~~after~~ removal.

(6) (a) There is created a Medical Examiner Review Board composed of the State Medical Examiner, State Health Officer and the Dean of the School of Medicine; the State Medical Examiner shall chair the board, and the support staff of the State Medical Examiner shall be the support staff for the board.

(b) (i) Any person may initiate a complaint against a CME or CMEI by filing with the board a written complaint on a form prescribed by the board. The board shall send a copy of the complaint to the respondent by certified mail to the address appearing of record with the board upon proper verification of the complaint; the board 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 board shall allow the respondent twenty (20) days or such greater time as it may specify after receipt of the complaint to answer and mail a copy of the response to the board. The board is authorized to investigate a complaint that appears to show the existence of inefficiency, moral turpitude, improper conduct or any other good cause. The board may hold a hearing at a time and place fixed by the board for the respondent to appear and show cause why he should not be subject to removal from his position.

(ii) The board shall give the respondent twenty (20) days' notice of the hearing by United States certified mail.

(iii) Any party appearing before the board may be accompanied by counsel.

(iv) 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 before the board and be heard.

(v) The State Medical Examiner shall call the hearing to order and the complainant and the respondent may give opening statements. The board may order the sequestration of nonparty witnesses.

(vi) The complainant shall then present the complaint. The respondent, any counsel and any member or designee of the board may ask questions of witnesses.

(vii) The respondent shall then present his case in rebuttal. The complainant, any counsel and any member or designee of the board may ask questions of witnesses.

(viii) At the completion of the evidence, all parties may give closing statements.

(ix) At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation. The board shall render its decision not more than ninety (90) days after the close of the hearing and shall forward the decision to the last-known business or residence address of the parties.

(c) Upon satisfactory proof that the respondent is responsible for any act or omission charged, the board may impose appropriate discipline of its choosing, including, but not limited to, a public or private admonition, or removal of the person from his position as CME or CMEI.

(d) The board 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 board may waive the necessity of a hearing if the person accused of a violation admits responsibility. Any person who has been disciplined by the board may file with the board 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 board 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 by the board. 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 board does not act as a supersedeas.

(e) Except as otherwise authorized in Section 7-5-39, the Attorney General shall be counsel and attorney for the board and shall provide any legal services as may be requested by the board from time to time.

(f) In any administrative or judicial proceeding in which the board prevails, the board shall have the right to recover reasonable attorney fees.

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, * * * or coroner, county medical examiner or county medical examiner investigator, is required to attend, or if the clerk, sheriff, * * * or 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. This act shall take effect and be in force from and after July 1, 2015.