COVID-19; require notice to family if death is believed to be caused by vaccination.

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To: Public Health and Human
Services; Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Crawford

HOUSE BILL NO. 1180

AN ACT TO AMEND SECTION 41-61-65, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE A PERSON'S FAMILY TO BE NOTIFIED OF AN OPINION BY A 2
HEALTHCARE PROVIDER OR MEDICAL EXAMINER THAT THE DEATH OF THE 3
PERSON MAY HAVE BEEN CAUSED BY OR RELATED TO THE ADMINISTRATION OF 4
A VACCINE FOR COVID-19 TO THE DECEASED; TO AMEND SECTION 41-37-25, 5
MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN AUTOPSY TO BE PERFORMED 6
WITHOUT A COURT ORDER WHEN REQUESTED BY A FAMILY MEMBER OF A 7
PERSON WHOSE DEATH MAY HAVE BEEN CAUSED BY OR RELATED TO THE 8
COVID-19 VACCINE; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 41-61-65, Mississippi Code of 1972, is 11
amended as follows: 12
41-61-65. (1) If, in the opinion of the medical examiner 13
investigating the case, it is advisable and in the public interest 14
that an autopsy or other study be made for the purpose of 15
determining the primary and/or contributing cause of death, an 16
autopsy or other study shall be made by the State Medical 17
Examiner, or the State Medical Examiner may choose a competent 18
pathologist who is designated by the State Medical Examiner or the 19
Department of Public Safety as a pathologist qualified to perform 20
postmortem examinations and autopsies to perform the autopsy or 21
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study. To be eligible to be designated under this section, a 22
pathologist must be an M.D. or D.O. who is certified in anatomic 23
pathology by the American Board of Pathology unless a 24
certifiedanatomic pathologist is not available to perform a 25
postmortem examination or autopsy within a reasonable time. The 26
State Medical Examiner or designated pathologist may retain any 27
tissues as needed for further postmortem studies or documentation. 28
When the medical examiner has received notification under Section 29
41-39-15(6) that the deceased is medically suitable to be an organ 30
and/or tissue donor, the State Medical Examiner or designated 31
pathologist may retain any biopsy or medically approved sample of 32
the organ and/or tissue in accordance with the provisions of 33
Section 41-39-15(6). A complete autopsy report of findings and 34
interpretations, prepared on forms designated for this purpose, 35
shall be submitted promptly to the State Medical Examiner. Copies 36
of the report shall be furnished to the authorizing medical 37
examiner, district attorney and court clerk. A copy of the report 38
shall be furnished to one (1) adult member of the immediate family 39
of the deceased or the legal representative or legal guardian of 40
members of the immediate family of the deceased upon request. In 41
determining the need for an autopsy, the medical examiner may 42
consider the request from the district attorney or county 43
prosecuting attorney, law enforcement or other public officials or 44
private persons. However, if the death occurred in the manner 45
specified in subsection (2)(j) of Section 41-61-59, an autopsy 46
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shall be performed by the State Medical Examiner or a designated 47
pathologist who is qualified as required by this subsection, and 48
the report of findings shall be forwarded promptly to the State 49
Medical Examiner, investigating medical examiner, the State 50
Department of Health, the infant's attending physician and the 51
local sudden infant death syndrome coordinator. In addition to 52
the authority granted under this section, medical examiner 53
investigators, under the supervision of the State Medical 54
Examiner, may assist with the performance or completion of 55
autopsies or other duties of the Office of the State Medical 56
Examiner. 57
(2) If, in the opinion of the deceased's attending 58
physician, primary healthcare provider, other healthcare provider 59
who pronounced the death of the deceased, or county medical 60
examiner or county medical examiner investigator, the death may 61
have been caused by or related to the administration to the 62
deceased of one or more doses of a vaccine for COVID-19, the 63
medical examiner or investigator must notify, in order of 64
preference, the deceased's surviving spouse, parent, descendants 65
over the age of eighteen (18) years, or next of kin of such 66
opinion and shall request an autopsy based on the opinion. 67
( * * *3) Any medical examiner or duly licensed physician 68
performing authorized investigations and/or autopsies as provided 69
in Sections 41-61-51 through 41-61-79 who, in good faith, complies 70
with the provisions of Sections 41-61-51 through 41-61-79 in the 71
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determination of the cause and/or manner of death for the purpose 72
of certification of that death, shall not be liable for damages on 73
account thereof, and shall be immune from any civil liability that 74
might otherwise be incurred or imposed. 75
( * * *4) Family members or others who disagree with the 76
medical examiner's determination shall be able to petition and 77
present written argument to the State Medical Examiner for further 78
review. If the petitioner still disagrees, he may petition the 79
circuit court, which may, in its discretion, hold a formal 80
hearing. In all those proceedings, the State Medical Examiner and 81
the county medical examiner or county medical examiner 82
investigator who certified the information shall be made 83
defendants. All costs of the petition and hearing shall be borne 84
by the petitioner. 85
SECTION 2. Section 41-37-25, Mississippi Code of 1972, is 86
amended as follows: 87
41-37-25. An autopsy may be performed without court order by 88
a qualified physician when authorized by (a) the decedent, during 89
his lifetime, or (b) any of the following persons who have assumed 90
custody of the body for the purpose of burial: a surviving 91
spouse, either parent or any person in loco parentis, a descendant 92
over the age of eighteen (18) years, a guardian, or the next of 93
kin. In the absence of any of the foregoing persons any friend of 94
the deceased who has assumed responsibility for burial, or any 95
other person charged by law with responsibility for burial, may 96
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give such consent. If two (2) or more persons have assumed 97
custody of the body of an adult for purposes of burial, the 98
consent of one (1) such person shall be deemed sufficient. 99
In the case of a minor, however, the consent of either parent 100
shall be deemed sufficient, unless the other parent gives written 101
notice to the physician who is to perform the autopsy of such 102
parent's objection thereto before the beginning of the autopsy. 103
If neither parent has legal custody of the minor, the guardian 104
shall have the right to authorize an autopsy. The fees provided 105
in this chapter for autopsies in criminal investigations shall not 106
be applicable to this section. 107
An autopsy may be performed without a court order by a 108
qualified physician when requested by a decedent's surviving 109
spouse, parent, descendant over the age of eighteen (18) years or 110
next of kin after being notified that, in the opinion of the 111
decedent's attending physician, primary healthcare provider, other 112
healthcare provider who pronounced the death of the decedent, or 113
county medical examiner or county medical examiner investigator, 114
the decedent's death may have been caused by or related to the 115
administration to the deceased of one or more doses of a vaccine 116
for COVID-19. 117
No autopsy shall be held under this section over the 118
objection of the surviving spouse, or if there * * * is no 119
surviving spouse, of any surviving parent, or if there * * * is 120
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ST: COVID-19; require notice to family if death
is believed to be caused by vaccination.
neither a surviving spouse nor parent, then of any surviving 121
child. 122
If the body has already been buried, consent to disinterment 123
of the body for an autopsy without a court order shall be governed 124
by Section 41-43-59. 125
SECTION 3. This act shall take effect and be in force from 126
and after July 1, 2026. 127