As Amended
SEC. 41-61-63. Duties of State Medical Examiner; completion of death certificate; liability.
(1) The State Medical Examiner shall:
(a) Provide assistance, consultation and training to county medical examiners, county medical examiner investigators and law enforcement officials.
(b) Keep complete records of all relevant information concerning deaths or crimes requiring investigation by the medical examiners.
(c) Promulgate rules and regulations regarding the manner and techniques to be employed while conducting autopsies; the nature, character and extent of investigations to be made into deaths affecting the public interest to allow a medical examiner to render a full and complete analysis and report; the format and matters to be contained in all reports rendered by the medical examiners; and all other things necessary to carry out the purposes of Sections 41-61-51 through 41-61-79. The State Medical Examiner shall make such amendments to these rules and regulations as may be necessary. All medical examiners, coroners and law enforcement officers shall be subject to such rules.
(d) Cooperate with the crime detection and medical examiner laboratories authorized by Section 45-1-17, the University Medical Center, the Attorney General, law enforcement agencies, the courts and the State of Mississippi.
(2) In addition, the medical examiners shall:
(a) Upon receipt of notification of a death affecting the public interest, make inquiries regarding the cause and manner of death, reduce the findings to writing and promptly make a full report to the State Medical Examiner on forms prescribed for that purpose. The medical examiner shall be authorized to inspect and copy the medical reports of the decedent whose death is under investigation. However, the records copied shall be maintained as confidential so as to protect the doctor/patient privilege. The medical examiners shall be authorized to request the issuance of subpoenas, through the proper court, for the attendance of persons and for the production of documents as may be required by their investigation.
(b) Complete the medical examiner's portion of the certificate of death within seventy-two (72) hours of assuming jurisdiction over a death, and forward the certificate to the funeral director or to the family. The medical examiner's portion of the certificate of death shall include the decedent's name, the date and time of death, the cause of death and the certifier's signature. If determination of the cause and/or manner of death are pending an autopsy or toxicological or other studies, these sections on the certificate may be marked "pending," with amendment and completion to follow the completion of the postmortem studies. The State Medical Examiner shall be authorized to amend a death certificate; however, the State Medical Examiner is not authorized to change or amend any death certificate after he has resigned or been removed from his office as the State Medical Examiner. Where an attending physician refuses to sign a certificate of death, or in case of any death, the State Medical Examiner or properly qualified designee may sign the death certificate.
(c) Cooperate with other agencies as provided for the State Medical Examiner in subsection (1)(d) of this section.
(d) In all investigations of deaths affecting the public interest where an autopsy will not be performed, obtain or attempt to obtain postmortem blood, urine and/or vitreous fluids. Medical examiners may also obtain rectal temperature measurements, known hair samples, radiographs, gunshot residue/wiping studies, fingerprints, palm prints and other noninvasive studies as the case warrants and/or as directed by the State Medical Examiner. Decisions may be made in consultation with investigating law enforcement officials and/or the State Medical Examiner. The cost of all studies not performed by the Mississippi Crime Laboratory shall be borne by the county. County medical examiner investigators shall be authorized to obtain these postmortem specimens themselves following successful completion of the death investigation training school.
(3) The medical examiner shall not use his position or authority to favor any particular funeral home or funeral homes.
(4) The State Medical Examiner shall obtain such liability insurance as deemed appropriate to the needs of the office, and may be sued by anyone affected to the extent of such insurance carried; however, immunity from suit is only waived to the extent of such liability insurance carried, and a judgment creditor shall have recourse only to the proceeds or right to proceeds of such liability insurance. No attempt shall be made in the trial of any case to suggest the existence of any insurance which covers in whole or in part any judgment or award rendered in favor of a claimant, but if the verdict rendered by the jury exceeds the limit of applicable insurance, the court on motion shall reduce the amount of the judgment to a sum equal to the applicable limit stated in the insurance policy. This subsection (4) shall stand repealed from and after July 1, 1993, by operation of law.
SOURCES: Laws, 1986, ch. 459, Sec. 12; 1987, ch. 483, Sec. 30; 1988, ch. 442, Sec. 27; 1989, ch. 537, Sec. 26; 1990, ch. 518, Sec. 27; 1991, ch. 618, Sec. 26; 1992, ch. 491 Sec. 28, eff from and after passage (approved May 12, 1992). Laws, 1996, ch. 485, Sec. 1, eff from and after July 1, 1996