Death certificate; require physician, APRNs or physician assistants who attended to decedent's care to sign.

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

By: Representatives Currie, Scoggin

HOUSE BILL NO. 981

AN ACT TO REQUIRE THE PHYSICIAN, ADVANCED PRACTICE REGISTERED 1
NURSE OR PHYSICIAN ASSISTANT PRIMARILY RESPONSIBLE FOR ATTENDING 2
TO THE CARE OF THE DECEDENT TO CERTIFY TO THE CAUSE OF DEATH AND 3
SIGN THE DEATH CERTIFICATE IF THE DEATH DOES NOT AFFECT THE PUBLIC 4
INTEREST; TO AMEND SECTIONS 41-57-13 AND 41-61-63, MISSISSIPPI 5
CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR 6
RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. The physician, advanced practice registered nurse 9
or physician assistant primarily responsible for attending to the 10
care of the decedent before the death of the decedent shall 11
certify to the cause of death and sign the death certificate if 12
the death does not affect the public interest as defined in 13
Sections 41-61-53(e) and 41-61-59. 14
SECTION 2. Section 41-57-13, Mississippi Code of 1972, is 15
amended as follows: 16
41-57-13. (1) Death certificate errors in the recording of 17
personal information of the deceased may be corrected by affidavit 18
of the informant and the funeral director of the funeral home that 19
disposed of the body. Items in the medical certification or of a 20
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medical nature may be amended upon receipt of the specified 21
amendment form from (a) the person originally certifying the 22
information or, if deceased or incapacitated, from the person 23
responsible for the completion of such items, or (b) the State 24
Medical Examiner. All other amendments to a death certificate 25
require adjudication by a chancery court in the county of 26
residence of the complainant or in any chancery court district in 27
the state if the complainant is a nonresident. In all such 28
proceedings, the State Department of Health, the State Medical 29
Examiner and the county medical examiner or county medical 30
examiner investigator who certified the information shall be made 31
defendants. No death certificate shall be changed or amended by 32
the State Medical Examiner or any county medical examiner or 33
county medical examiner investigator after he has resigned or been 34
removed from his office as the State Medical Examiner, county 35
medical examiner or county medical examiner investigator. 36
(2) The local registrar of births and deaths in each county 37
in the state shall, at least monthly, supply the county registrar, 38
the tax assessor and the chairman of the county election 39
commission of each county a list of deaths in the counties of 40
individuals of voting age who have not been previously listed. 41
Such lists shall include the following information for each 42
deceased person: full name (as recorded on the death 43
certificate), social security number, date of death, sex, race, 44
age and usual place of residence. 45
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(3) No such payment as is provided for in Section 41-57-11 46
shall be made by the board of supervisors unless and until the 47
local registrar shall certify that a list of all deaths of 48
individuals of voting age has been filed with the county voting 49
registrar, tax assessor and with the chairman of the county 50
election commission of the last county of residence of the 51
decedent in this state. 52
(4) In the event that the decedent is a female, who at the 53
time of her death was between the ages of ten (10) and fifty (50) 54
years old, the physician, advanced practice registered nurse, 55
physician assistant, medical examiner, coroner or other official 56
who certifies the decedent's cause of death shall indicate, where 57
appropriately designated, on the death certificate whether (a) the 58
decedent was pregnant at the time of her death; (b) the decedent 59
had given birth within the preceding ninety (90) days; or (c) the 60
decedent had a miscarriage within the preceding ninety (90) days. 61
SECTION 3. Section 41-61-63, Mississippi Code of 1972, is 62
amended as follows: 63
41-61-63. (1) The State Medical Examiner shall: 64
(a) Provide assistance, consultation and training to 65
county medical examiners, county medical examiner investigators 66
and law enforcement officials. 67
(b) Keep complete records of all relevant information 68
concerning deaths or crimes requiring investigation by the medical 69
examiners. 70
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(c) Promulgate rules and regulations regarding the 71
manner and techniques to be employed while conducting autopsies; 72
the nature, character and extent of investigations to be made into 73
deaths affecting the public interest to allow a medical examiner 74
to render a full and complete analysis and report; the format and 75
matters to be contained in all reports rendered by the medical 76
examiners; and all other things necessary to carry out the 77
purposes of Sections 41-61-51 through 41-61-79. The State Medical 78
Examiner shall make such amendments to these rules and regulations 79
as may be necessary. All medical examiners, coroners and law 80
enforcement officers shall be subject to such rules. 81
(d) Cooperate with the crime detection and medical 82
examiner laboratories authorized by Section 45-1-17, the 83
University of Mississippi Medical Center, the Attorney General, 84
law enforcement agencies, the courts and the State of Mississippi. 85
(e) Promulgate rules and regulations regarding the 86
manner in which county medical examiner investigators are required 87
to enter electronically the information for all deaths that occur 88
in the investigator's county. 89
(2) In addition, the medical examiners shall: 90
(a) Upon receipt of notification of a death affecting 91
the public interest, make inquiries regarding the cause and manner 92
of death, reduce the findings to writing and promptly make a full 93
report to the State Medical Examiner on forms prescribed for that 94
purpose. The medical examiner shall be authorized to inspect and 95
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copy the medical reports of the decedent whose death is under 96
investigation. However, the records copied shall be maintained as 97
confidential so as to protect the doctor/patient privilege. The 98
medical examiners shall be authorized to request the issuance of 99
subpoenas, through the proper court, for the attendance of persons 100
and for the production of documents as may be required by their 101
investigation. 102
(b) Complete the medical examiner's portion of the 103
certificate of death within seventy-two (72) hours of assuming 104
jurisdiction over a death, and forward the certificate to the 105
funeral director or to the family. The medical examiner's portion 106
of the certificate of death shall include the decedent's name, the 107
date and time of death, the cause of death and the certifier's 108
signature. If determination of the cause and/or manner of death 109
are pending an autopsy or toxicological or other studies, these 110
sections on the certificate may be marked "pending," with 111
amendment and completion to follow the completion of the 112
postmortem studies. The State Medical Examiner shall be 113
authorized to amend a death certificate; however, the State 114
Medical Examiner is not authorized to change or amend any death 115
certificate after he has resigned or been removed from his office 116
as the State Medical Examiner. Where an attending physician, 117
advanced practice registered nurse or physician assistant refuses 118
to sign a certificate of death, or in case of any death, the State 119
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Medical Examiner or properly qualified designee may sign the death 120
certificate. 121
(c) Cooperate with other agencies as provided for the 122
State Medical Examiner in subsection (1)(d) of this section. 123
(d) In all investigations of deaths affecting the 124
public interest where an autopsy will not be performed, obtain or 125
attempt to obtain postmortem blood, urine and/or vitreous fluids. 126
Medical examiners may also obtain rectal temperature measurements, 127
known hair samples, radiographs, gunshot residue/wiping studies, 128
fingerprints, palm prints and other noninvasive studies as the 129
case warrants and/or as directed by the State Medical Examiner. 130
Decisions shall be made in consultation with investigating law 131
enforcement officials and/or the State Medical Examiner. The cost 132
of all studies not performed by the Mississippi Forensics 133
Laboratory shall be borne by the county. County medical examiner 134
investigators shall be authorized to obtain these postmortem 135
specimens themselves following successful completion of the death 136
investigation training school. 137
(e) In all investigations of deaths occurring in the 138
manner specified in subsection (2)(j) of Section 41-61-59, a death 139
investigation shall be performed by the medical examiners in 140
accordance with the child death investigation protocol established 141
by the State Medical Examiner. The results of the death 142
investigation shall be reported to the State Medical Examiner on 143
forms prescribed for that purpose by the State Medical Examiner 144
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ST: Death certificate; require physician,
APRNs or physician assistants who attended to
decedent's care to sign.
and to appropriate authorities, including police and child 145
protective services, within three (3) days of the conclusion of 146
the death investigation. 147
(f) Electronically report all deaths, and all 148
associated toxicology reports, that occur in the examiner's county 149
to the State Medical Examiner in a manner prescribed by the State 150
Medical Examiner. 151
(3) The medical examiner shall not use his position or 152
authority to favor any particular funeral home or funeral homes. 153
SECTION 4. This act shall take effect and be in force from 154
and after July 1, 2026. 155