Senate Bill 2834

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE "CHANDLER'S LAW"; TO DECLARE LEGISLATIVE INTENT WITH REGARD TO THE AVAILABILITY TO FAMILY MEMBERS OF GENETIC INFORMATION ABOUT A GENETIC CAUSE OF DEATH AFTER A POSTMORTEM EXAMINATION; TO AMEND SECTIONS 41-37-25 AND 41-61-65, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DISCLOSURE TO THE NEXT OF KIN OF GENETIC INFORMATION CONCERNING THE DECEASED; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The Legislature finds and declares that advances in genetics, biochemistry and other areas of medical research have yielded, and continue to yield, new information about the specific causes of death and sudden death, and it is in the public interest to accelerate research efforts to identify actual causes of death. The Legislature further finds and declares that there is a need to enhance awareness among medical examiners and other pathologists who perform postmortem examinations with respect to various diseases and types of death, and to inform the next of kin about autopsy results that might be beneficial medical history for blood relatives of the deceased to determine any genetic or other medical risks that family members might share with the deceased.

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 shall 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 prior to the commencement of the autopsy. In the event that 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.

No autopsy shall be held under this section over the objection of the surviving spouse, or if there be no surviving spouse, of any surviving parent, or if there be neither a surviving spouse nor parent, then of any surviving child.

If genetic medical information is obtained from the postmortem examination, the genetic medical information must be included in the autopsy report that is provided under this section.

SECTION 3. 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 forensic pathology by the American Board of Pathology unless a certified forensic 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.

(2) 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.

(3) (a) 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.

(b) Upon the request of a decedent's next of kin, the Chief State Medical Examiner shall provide the next of kin with available documentation related to the decedent's autopsy, the medical investigation of the decedent's death, and the cause of death. Proof of relationship will be required of any guardian or legal representative and may be required of family members.

SECTION 4. This act shall be known and may be cited as "Chandler's Law."

SECTION 5. This act shall take effect and be in force from and after July 1, 2020.