Medical examiners; require to document in autopsy report recent immunizations of persons who die suddenly and unexpectedly.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Currie

HOUSE BILL NO. 1283

AN ACT TO CREATE NEW SECTION 41-61-60, MISSISSIPPI CODE OF 1
1972, TO PROVIDE THAT THE AUTOPSY IN THE CASE OF AN INFANT OR 2
CHILD WHO DIES SUDDENLY AND UNEXPECTEDLY MUST INCLUDE A REVIEW OF 3
THE CHILD'S IMMUNIZATION AND MEDICAL RECORDS; TO REQUIRE THE 4
MEDICAL EXAMINER TO DOCUMENT IN THE AUTOPSY REPORT ANY 5
IMMUNIZATIONS OR EMERGENCY COUNTERMEASURES ADMINISTERED TO THE 6
CHILD WITHIN 90 DAYS BEFORE THE CHILD'S DEATH AND REPORT THE CASE 7
TO THE NATIONAL SUDDEN UNEXPECTED INFANT DEATH (SUID) AND SUDDEN 8
DEATH IN THE YOUNG (SDY) CASE REGISTRY; TO PROVIDE THAT THE 9
AUTOPSY IN THE CASE OF A SUDDEN DEATH SUSPECTED TO BE CAUSED BY 10
SUDDEN ARRHYTHMIC DEATH SYNDROME IN AN INDIVIDUAL OF ANY AGE MUST 11
INCLUDE A REVIEW OF THE INDIVIDUAL'S IMMUNIZATION AND MEDICAL 12
RECORDS; TO REQUIRE THE MEDICAL EXAMINER TO DOCUMENT IN THE 13
AUTOPSY REPORT ANY IMMUNIZATIONS OR EMERGENCY COUNTERMEASURES 14
ADMINISTERED TO THE INDIVIDUAL WITHIN 90 DAYS BEFORE HIS OR HER 15
DEATH AND REPORT THE CASE TO THE SUID AND SDY CASE REGISTRY IF THE 16
INDIVIDUAL WAS YOUNGER THAN 20 YEARS OF AGE AT THE TIME OF DEATH; 17
TO REQUIRE THE STATE MEDICAL EXAMINER TO IMPOSE ADMINISTRATIVE 18
PENALTIES AGAINST MEDICAL EXAMINERS WHO FAIL TO REPORT CASES TO 19
THE SUID AND SDY CASE REGISTRY AS REQUIRED WITHIN THIRTY 30 DAYS 20
AFTER COMPLETING THE AUTOPSY REPORT; TO BRING FORWARD SECTIONS 21
41-61-59 AND 41-61-63, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE 22
OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 23
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 24
SECTION 1. The following shall be codified as Section 25
41-61-60, Mississippi Code of 1972: 26
41-61-60. (1) As used in this section, the following terms 27
shall be defined as provided in this subsection: 28
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(a) "Sudden Arrhythmic Death Syndrome(SADS)" means the 29
sudden and unexpected death due to cardiac arrhythmia, as 30
determined by performance of an autopsy or a clinical 31
investigation, of a young, apparently healthy individual with no 32
previously diagnosed structural heart disease. 33
(b) "Sudden Death in the Young (SDY)" means the sudden 34
and unexpected death of an individual younger than twenty (20) 35
years of age due to natural causes, including, but not limited to, 36
sudden cardiac death or sudden unexpected death in epilepsy, which 37
death remains unexplained after initial investigation. 38
(c) "Sudden Infant Death Syndrome (SIDS)" means the 39
sudden death of an infant younger than one (1) year of age that 40
remains unexplained after a thorough case investigation, including 41
performance of an autopsy, scene investigations, and a review of 42
clinical history. 43
(d) "Sudden Unexpected Infant Death (SUID)" means the 44
sudden and unexpected death of an infant younger than one (1) year 45
of age, whether explained or unexplained, including, but not 46
limited to, death caused by SIDS, accidental suffocation, and 47
other potential causes. 48
(e) "Sudden Unexpected Infant Death (SUID) and Sudden 49
Death in the Young (SDY) Case Registry" means the national 50
surveillance system coordinated by the Centers for Disease Control 51
and Prevention (CDC) and the National Institutes of Health (NIH) 52
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that collects standardized data on sudden and unexpected deaths in 53
individuals younger than twenty (20) years of age. 54
(2) In the case of an infant or child who dies suddenly and 55
unexpectedly, including cases of SIDS, SUID or SDY, the autopsy 56
must include microscopic and toxicology studies and a review of 57
the child's immunization and medical records from the child's 58
pediatrician or primary care practitioner or from other sources. 59
The medical examiner shall document in the autopsy report any 60
immunizations or emergency countermeasures administered to the 61
child within ninety (90) days before the child's death and report 62
the case to the SUID and SDY Case Registry in accordance with 63
protocols established by the State Department of Health and the 64
CDC. 65
(3) In the case of a sudden death suspected to be caused by 66
SADS in an individual of any age, the autopsy must include 67
microscopic and toxicology studies and a review of the 68
individual's immunization and medical records from the 69
individual's primary care practitioner or from other sources. The 70
medical examiner shall document in the autopsy report any 71
immunizations or emergency countermeasures administered to the 72
individual within ninety (90) days before his or her death and 73
report the case to the SUID and SDY Case Registry if the 74
individual was younger than twenty (20) years of age at the time 75
of death, in accordance with protocols established by the 76
Department of Health and the CDC. 77
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(4) The State Medical Examiner shall impose the following 78
administrative penalties against a medical examiner who fails to 79
report a case of SIDS, SUID, SDY or SADS, for individuals younger 80
than twenty (20) years of age, to the SUID and SDY Case Registry 81
within thirty (30) days after completing the autopsy report: 82
(a) For the first unreported case, a fine of up to One 83
Thousand Dollars ($1,000.00). 84
(b) For the second and subsequent unreported cases, a 85
fine of up to Five Thousand Dollars ($5,000.00). 86
(5) Compliance with the reporting and documentation 87
requirements of this section is deemed a permissible disclosure 88
under state and federal medical privacy laws, including the Health 89
Insurance Portability and Accountability Act of 1996. 90
SECTION 2. Section 41-61-59, Mississippi Code of 1972, is 91
brought forward as follows: 92
41-61-59. (1) A person's death that affects the public 93
interest as specified in subsection (2) of this section shall be 94
promptly reported to the medical examiner by the physician in 95
attendance, any hospital employee, any law enforcement officer 96
having knowledge of the death, the embalmer or other funeral home 97
employee, any emergency medical technician, any relative or any 98
other person present. The appropriate medical examiner shall 99
notify the municipal or state law enforcement agency or sheriff 100
and take charge of the body. When the medical examiner has 101
received notification under Section 41-39-15(6) that the deceased 102
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is medically suitable to be an organ and/or tissue donor, the 103
medical examiner's authority over the body shall be subject to the 104
provisions of Section 41-39-15(6). The appropriate medical 105
examiner shall notify the Mississippi Bureau of Narcotics within 106
twenty-four (24) hours of receipt of the body in cases of death as 107
described in subsection (2)(m) or (n) of this section. 108
(2) A death affecting the public interest includes, but is 109
not limited to, any of the following: 110
(a) Violent death, including homicidal, suicidal or 111
accidental death. 112
(b) Death caused by thermal, chemical, electrical or 113
radiation injury. 114
(c) Death caused by criminal abortion, including 115
self-induced abortion, or abortion related to or by sexual abuse. 116
(d) Death related to disease thought to be virulent or 117
contagious that may constitute a public hazard. 118
(e) Death that has occurred unexpectedly or from an 119
unexplained cause. 120
(f) Death of a person confined in a prison, jail or 121
correctional institution. 122
(g) Death of a person where a physician was not in 123
attendance within thirty-six (36) hours preceding death, or in 124
prediagnosed terminal or bedfast cases, within thirty (30) days 125
preceding death. 126
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(h) Death of a person where the body is not claimed by 127
a relative or a friend. 128
(i) Death of a person where the identity of the 129
deceased is unknown. 130
(j) Death of a child under the age of two (2) years 131
where death results from an unknown cause or where the 132
circumstances surrounding the death indicate that sudden infant 133
death syndrome may be the cause of death. 134
(k) Where a body is brought into this state for 135
disposal and there is reason to believe either that the death was 136
not investigated properly or that there is not an adequate 137
certificate of death. 138
(l) Where a person is presented to a hospital emergency 139
room unconscious and/or unresponsive, with cardiopulmonary 140
resuscitative measures being performed, and dies within 141
twenty-four (24) hours of admission without regaining 142
consciousness or responsiveness, unless a physician was in 143
attendance within thirty-six (36) hours preceding presentation to 144
the hospital, or in cases in which the decedent had a prediagnosed 145
terminal or bedfast condition, unless a physician was in 146
attendance within thirty (30) days preceding presentation to the 147
hospital. 148
(m) Death that is caused by drug overdose or which is 149
believed to be caused by drug overdose. 150
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(n) When a stillborn fetus is delivered and the cause 151
of the demise is medically believed to be from the use by the 152
mother of any controlled substance as defined in Section 153
41-29-105. 154
(o) Death of any person under the age of eighteen (18). 155
(3) The State Medical Examiner is empowered to investigate 156
deaths, under the authority hereinafter conferred, in any and all 157
political subdivisions of the state. The county medical examiners 158
and county medical examiner investigators, while appointed for a 159
specific county, may serve other counties on a regular basis with 160
written authorization by the State Medical Examiner, or may serve 161
other counties on an as-needed basis upon the request of the 162
ranking officer of the investigating law enforcement agency. If a 163
death affecting the public interest takes place in a county other 164
than the one where injuries or other substantial causal factors 165
leading to the death have occurred, jurisdiction for investigation 166
of the death may be transferred, by mutual agreement of the 167
respective medical examiners of the counties involved, to the 168
county where the injuries or other substantial causal factors 169
occurred, and the costs of autopsy or other studies necessary to 170
the further investigation of the death shall be borne by the 171
county assuming jurisdiction. 172
(4) (a) In criminal trials where the testimony of a current 173
or former State Medical Examiner, Deputy State Medical Examiner, 174
or member of the Mississippi Forensics Laboratory is needed, the 175
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use of audiovisual communications equipment to present such 176
testimony remotely is allowed when the state has provided written 177
notice to the defendant at least ninety (90) days prior to trial 178
of its intent to present such remote testimony, and the defendant 179
provides no written objection within fourteen (14) days of 180
receiving such notice. Should the defendant object, the remote 181
testimony shall only be permitted upon a finding by the court that 182
the rights of the defendant to confront the witness against the 183
defendant is not violated, that compelling circumstances exist to 184
allow such remote testimony, and that the remote testimony can be 185
provided with appropriate safeguards so as to assure the 186
reliability of the testimony of the witness during the trial. 187
(b) All persons qualified to administer an oath in the 188
State of Mississippi may swear a witness remotely by audiovisual 189
communication technology, provided they can positively identify 190
the witness and they are able to both see and hear the witness via 191
audiovisual communications equipment. 192
(5) The chief county medical examiner or chief county 193
medical examiner investigator may receive from the county in which 194
he serves a salary of One Thousand Two Hundred Fifty Dollars 195
($1,250.00) per month, in addition to the fees specified in 196
Sections 41-61-69 and 41-61-75, provided that no county shall pay 197
the chief county medical examiner or chief county medical examiner 198
investigator less than Three Hundred Dollars ($300.00) per month 199
as a salary, in addition to other compensation provided by law. 200
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In any county having one or more deputy medical examiners or 201
deputy medical examiner investigators, each deputy may receive 202
from the county in which he serves, in the discretion of the board 203
of supervisors, a salary of not more than Nine Hundred Dollars 204
($900.00) per month, in addition to the fees specified in Sections 205
41-61-69 and 41-61-75; however, no county shall pay the deputy 206
medical examiners or deputy medical examiner investigators less 207
than Three Hundred Dollars ($300.00) per month as a salary in 208
addition to other compensation provided by law. For this salary 209
the chief shall assure twenty-four-hour daily and readily 210
available death investigators for the county, and shall maintain 211
copies of all medical examiner death investigations for the county 212
for at least the previous five (5) years. He shall coordinate his 213
office and duties and cooperate with the State Medical Examiner, 214
and the State Medical Examiner shall cooperate with him. 215
SECTION 3. Section 41-61-63, Mississippi Code of 1972, is 216
brought forward as follows: 217
41-61-63. (1) The State Medical Examiner shall: 218
(a) Provide assistance, consultation and training to 219
county medical examiners, county medical examiner investigators 220
and law enforcement officials. 221
(b) Keep complete records of all relevant information 222
concerning deaths or crimes requiring investigation by the medical 223
examiners. 224
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(c) Promulgate rules and regulations regarding the 225
manner and techniques to be employed while conducting autopsies; 226
the nature, character and extent of investigations to be made into 227
deaths affecting the public interest to allow a medical examiner 228
to render a full and complete analysis and report; the format and 229
matters to be contained in all reports rendered by the medical 230
examiners; and all other things necessary to carry out the 231
purposes of Sections 41-61-51 through 41-61-79. The State Medical 232
Examiner shall make such amendments to these rules and regulations 233
as may be necessary. All medical examiners, coroners and law 234
enforcement officers shall be subject to such rules. 235
(d) Cooperate with the crime detection and medical 236
examiner laboratories authorized by Section 45-1-17, the 237
University of Mississippi Medical Center, the Attorney General, 238
law enforcement agencies, the courts and the State of Mississippi. 239
(e) Promulgate rules and regulations regarding the 240
manner in which county medical examiner investigators are required 241
to enter electronically the information for all deaths that occur 242
in the investigator's county. 243
(2) In addition, the medical examiners shall: 244
(a) Upon receipt of notification of a death affecting 245
the public interest, make inquiries regarding the cause and manner 246
of death, reduce the findings to writing and promptly make a full 247
report to the State Medical Examiner on forms prescribed for that 248
purpose. The medical examiner shall be authorized to inspect and 249
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copy the medical reports of the decedent whose death is under 250
investigation. However, the records copied shall be maintained as 251
confidential so as to protect the doctor/patient privilege. The 252
medical examiners shall be authorized to request the issuance of 253
subpoenas, through the proper court, for the attendance of persons 254
and for the production of documents as may be required by their 255
investigation. 256
(b) Complete the medical examiner's portion of the 257
certificate of death within seventy-two (72) hours of assuming 258
jurisdiction over a death, and forward the certificate to the 259
funeral director or to the family. The medical examiner's portion 260
of the certificate of death shall include the decedent's name, the 261
date and time of death, the cause of death and the certifier's 262
signature. If determination of the cause and/or manner of death 263
are pending an autopsy or toxicological or other studies, these 264
sections on the certificate may be marked "pending," with 265
amendment and completion to follow the completion of the 266
postmortem studies. The State Medical Examiner shall be 267
authorized to amend a death certificate; however, the State 268
Medical Examiner is not authorized to change or amend any death 269
certificate after he has resigned or been removed from his office 270
as the State Medical Examiner. Where an attending physician 271
refuses to sign a certificate of death, or in case of any death, 272
the State Medical Examiner or properly qualified designee may sign 273
the death certificate. 274
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(c) Cooperate with other agencies as provided for the 275
State Medical Examiner in subsection (1)(d) of this section. 276
(d) In all investigations of deaths affecting the 277
public interest where an autopsy will not be performed, obtain or 278
attempt to obtain postmortem blood, urine and/or vitreous fluids. 279
Medical examiners may also obtain rectal temperature measurements, 280
known hair samples, radiographs, gunshot residue/wiping studies, 281
fingerprints, palm prints and other noninvasive studies as the 282
case warrants and/or as directed by the State Medical Examiner. 283
Decisions shall be made in consultation with investigating law 284
enforcement officials and/or the State Medical Examiner. The cost 285
of all studies not performed by the Mississippi Forensics 286
Laboratory shall be borne by the county. County medical examiner 287
investigators shall be authorized to obtain these postmortem 288
specimens themselves following successful completion of the death 289
investigation training school. 290
(e) In all investigations of deaths occurring in the 291
manner specified in subsection (2)(j) of Section 41-61-59, a death 292
investigation shall be performed by the medical examiners in 293
accordance with the child death investigation protocol established 294
by the State Medical Examiner. The results of the death 295
investigation shall be reported to the State Medical Examiner on 296
forms prescribed for that purpose by the State Medical Examiner 297
and to appropriate authorities, including police and child 298
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ST: Medical examiners; require to document in
autopsy report recent immunizations of persons
who die suddenly and unexpectedly.
protective services, within three (3) days of the conclusion of 299
the death investigation. 300
(f) Electronically report all deaths, and all 301
associated toxicology reports, that occur in the examiner's county 302
to the State Medical Examiner in a manner prescribed by the State 303
Medical Examiner. 304
(3) The medical examiner shall not use his position or 305
authority to favor any particular funeral home or funeral homes. 306
SECTION 4. This act shall take effect and be in force from 307
and after July 1, 2026. 308