MISSISSIPPI CODE OF 1972
As Amended

SEC. 41-61-71. Removal of corneal tissue, pituitaries or other tissues from decedent for transplant utilization; consent from next of kin.

(1) A medical examiner shall request the available next of kin of a decedent, as provided in applicable state law, for their permission to obtaining corneal tissue, pituitaries or other tissues from the decedent, when the tissues would be suitable for transplant utilization, as outlined by the Mississippi Eye and Human Tissue Bank.

(2) A medical examiner or a pathologist designated by the medical examiner may provide corneal tissue, pituitaries or other tissues from a decedent under the jurisdiction of the medical examiner or the designated pathologist, to the Mississippi Eye and Human Tissue Bank or other donee specified under the following conditions:

(a) (i) Consent from the next of kin is obtained; or

(ii) A reasonable attempt to determine the next of kin has failed; or

(iii) The medical examiner or designated pathologist believes that there are no next of kin to be contacted for consent; and

(b) The removal of the tissue for transplant or therapy will not interfere with any subsequent course of investigation or autopsy or alter the postmortem facial appearance.

(3) If the requirements of subsection (2)(a) of this section have been met, neither the medical examiner, the designated pathologist, nor the donee shall be liable in any civil action brought by the next of kin on the contention that authorization of the next of kin was required to remove the tissues.

SOURCES: Laws, 1986, ch. 459, Sec. 16, eff from and after July 1, 1986.


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