MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Public Health and Human Services
By: Representative Crawford
AN ACT TO AMEND SECTION 41-61-65, MISSISSIPPI CODE OF 1972, TO REQUIRE A PERSON'S FAMILY TO BE NOTIFIED OF AN OPINION BY A HEALTHCARE PROVIDER OR MEDICAL EXAMINER THAT THE DEATH OF THE PERSON MAY HAVE BEEN CAUSED BY OR RELATED TO THE ADMINISTRATION OF A VACCINE FOR COVID-19 TO THE DECEASED; TO AMEND SECTION 41-37-25, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN AUTOPSY TO BE PERFORMED WITHOUT A COURT ORDER WHEN REQUESTED BY A FAMILY MEMBER OF A PERSON WHOSE DEATH MAY HAVE BEEN CAUSED BY OR RELATED TO THE COVID-19 VACCINE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-61-65, Mississippi Code of 1972, is amended as follows:
41-61-65. (1) If, in the opinion
of the medical examiner investigating the case, it is advisable and in the public
interest that an autopsy or other study be made for the purpose of determining the
primary and/or contributing cause of death, an autopsy or other study shall be made
by the State Medical Examiner, or the State Medical Examiner may choose a competent
pathologist who is designated by the State Medical Examiner or the Department of
Public Safety as a pathologist qualified to perform postmortem examinations and
autopsies to perform the autopsy or study. To be eligible to be designated under
this section, a pathologist must be an M.D. or D.O. who is certified in anatomic pathology by the American Board
of Pathology unless a certified
anatomic pathologist is not available to perform a postmortem examination or autopsy
within a reasonable time. The State Medical Examiner or designated pathologist
may retain any tissues as needed for further postmortem studies or documentation.
When the medical examiner has received notification under Section 41-39-15(6) that
the deceased is medically suitable to be an organ and/or tissue donor, the State
Medical Examiner or designated pathologist may retain any biopsy or medically approved
sample of the organ and/or tissue in accordance with the provisions of Section 41-39-15(6).
A complete autopsy report of findings and interpretations, prepared on forms designated
for this purpose, shall be submitted promptly to the State Medical Examiner. Copies
of the report shall be furnished to the authorizing medical examiner, district attorney
and court clerk. A copy of the report shall be furnished to one (1) adult member
of the immediate family of the deceased or the legal representative or legal guardian
of members of the immediate family of the deceased upon request. In determining
the need for an autopsy, the medical examiner may consider the request from the
district attorney or county prosecuting attorney, law enforcement or other public
officials or private persons. However, if the death occurred in the manner specified
in subsection (2)(j) of Section 41-61-59, an autopsy shall be performed by the State
Medical Examiner or a designated pathologist who is qualified as required by this
subsection, and the report of findings shall be forwarded promptly to the State
Medical Examiner, investigating medical examiner, the State Department of Health,
the infant's attending physician and the local sudden infant death syndrome coordinator.
In addition to the authority granted under this section, medical examiner investigators,
under the supervision of the State Medical Examiner, may assist with the performance
or completion of autopsies or other duties of the Office of the State Medical Examiner.
(2) If, in the opinion of the decedent's attending physician, primary healthcare provider, other healthcare provider who pronounced the death of the decedent, or county medical examiner or county medical examiner investigator, a person's death may have been caused by or related to the administration to the deceased of one or more doses of a vaccine for COVID-19, the medical examiner or investigator must notify, in order of preference, the decedent's surviving spouse, parent, descendants over the age of eighteen (18) years, or next of kin of the opinion and that based on the opinion, an autopsy may be performed.
(3) Any medical examiner or duly licensed physician performing authorized investigations and/or autopsies as provided in Sections 41-61-51 through 41-61-79 who, in good faith, complies with the provisions of Sections 41-61-51 through 41-61-79 in the determination of the cause and/or manner of death for the purpose of certification of that death, shall not be liable for damages on account thereof, and shall be immune from any civil liability that might otherwise be incurred or imposed.
( * * *4) Family members or others who disagree
with the medical examiner's determination shall be able to petition and present
written argument to the State Medical Examiner for further review. If the petitioner
still disagrees, he may petition the circuit court, which may, in its discretion,
hold a formal hearing. In all those proceedings, the State Medical Examiner and
the county medical examiner or county medical examiner investigator who certified
the information shall be made defendants. All costs of the petition and hearing
shall be borne by the petitioner.
SECTION 2. Section 41-37-25, Mississippi Code of 1972, is amended as follows:
41-37-25. An autopsy may be performed without court order by a qualified physician when authorized by (a) the decedent, during his lifetime, or (b) any of the following persons who have assumed custody of the body for the purpose of burial: a surviving spouse, either parent or any person in loco parentis, a descendant over the age of eighteen (18) years, a guardian, or the next of kin. In the absence of any of the foregoing persons any friend of the deceased who has assumed responsibility for burial, or any other person charged by law with responsibility for burial, may give such consent. If two (2) or more persons have assumed custody of the body of an adult for purposes of burial, the consent of one (1) such person shall be deemed sufficient.
In the case of a minor, however, the consent of either parent shall be deemed sufficient, unless the other parent gives written notice to the physician who is to perform the autopsy of such parent's objection thereto before the beginning of the autopsy. If neither parent has legal custody of the minor, the guardian shall have the right to authorize an autopsy. The fees provided in this chapter for autopsies in criminal investigations shall not be applicable to this section.
An autopsy may be performed without a court order by a qualified physician when requested by a decedent's surviving spouse, parent, descendant over the age of eighteen (18) years or next of kin after being notified that, in the opinion of the decedent's attending physician, primary healthcare provider, other healthcare provider who pronounced the death of the decedent, or county medical examiner or county medical examiner investigator, the decedent's death may have been caused by or related to the administration to the deceased of one or more doses of a vaccine for COVID-19.
No autopsy shall be held under
this section over the objection of the surviving spouse, or if there * * * is no surviving spouse, of any surviving
parent, or if there * * *
is neither a surviving spouse nor parent, then of any surviving child.
If the body has already been buried, consent to disinterment of the body for an autopsy without a court order shall be governed by Section 41-43-59.
SECTION 3. This act shall take effect and be in force from and after July 1, 2023.