Fetal and Infant Mortality Review Panel; create.

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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Boyd

SENATE BILL NO. 2537

AN ACT TO CREATE THE FETAL AND INFANT MORTALITY REVIEW PANEL 1
TO REVIEW FETAL DEATHS AND DEATHS OF INFANTS UP TO ONE YEAR OF AGE 2
AND ESTABLISH STRATEGIES TO PREVENT INFANT DEATHS; TO PROVIDE THAT 3
THE REVIEW PANEL SHALL BE MULTIDISCIPLINARY AND COMPOSED OF SUCH 4
MEMBERS AS DEEMED APPROPRIATE BY THE STATE DEPARTMENT OF HEALTH; 5
TO REQUIRE THE REVIEW PANEL TO SUBMIT A REPORT ANNUALLY TO THE 6
HOUSE AND SENATE PUBLIC HEALTH COMMITTEES THAT INCLUDE THE 7
NUMBERS, CAUSES AND RELEVANT DEMOGRAPHIC INFORMATION ON INFANT 8
MORTALITY DEATHS IN MISSISSIPPI, AND APPROPRIATE RECOMMENDATIONS 9
TO THE LEGISLATURE ON HOW TO MOST EFFECTIVELY DIRECT STATE 10
RESOURCES TO DECREASE INFANT MORTALITY IN THE STATE; TO REQUIRE 11
THAT DATA SHALL BE PROVIDED TO THE REVIEW PANEL BY THE STATE 12
MEDICAL EXAMINER'S OFFICE, STATE DEPARTMENT OF HEALTH, DEPARTMENT 13
OF HUMAN SERVICES, MEDICAL EXAMINERS, CORONERS, HEALTH CARE 14
PROVIDERS, LAW ENFORCEMENT AGENCIES, AND ANY OTHER AGENCIES OR 15
OFFICIALS HAVING INFORMATION THAT IS NECESSARY FOR THE REVIEW 16
PANEL TO CARRY OUT ITS DUTIES; TO REQUIRE PHYSICIANS, HOSPITALS 17
AND PHARMACIES TO PROVIDE REASONABLE ACCESS TO THE REVIEW PANEL TO 18
ALL RELEVANT MEDICAL RECORDS ASSOCIATED WITH A CASE UNDER REVIEW 19
BY THE REVIEW PANEL; TO PROVIDE THAT INFORMATION, RECORDS AND 20
PROCEEDINGS OF THE REVIEW PANEL ARE CONFIDENTIAL AND NOT SUBJECT 21
TO THE OPEN MEETINGS ACT, THE PUBLIC RECORDS ACT OR SUBPOENA, 22
DISCOVERY OR INTRODUCTION INTO EVIDENCE; TO AUTHORIZE THE REVIEW 23
PANEL TO INITIATE ENFORCEMENT ACTIONS AGAINST AGENCIES OR 24
OFFICIALS THAT DO NOT PROVIDE INFORMATION TO THE PANEL IN A 25
COMPLETE AND TIMELY MANNER; TO AMEND SECTION 25-41-3, MISSISSIPPI 26
CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO CREATE A 27
NEW SECTION WITHIN CHAPTER 61, TITLE 25, MISSISSIPPI CODE OF 1972, 28
TO EXEMPT CERTAIN QUALITY ASSURANCE, QUALITY IMPROVEMENT, 29
PERFORMANCE IMPROVEMENT, AND REVIEW RECORDS OF THE STATE 30
DEPARTMENT OF HEALTH FROM THE PUBLIC RECORDS ACT; TO PROVIDE THAT 31
SUCH RECORDS SHALL BE CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE, 32
SUBPOENA, OR DISCOVERY; TO EXEMPT CERTAIN RADIOLOGICAL HEALTH AND 33
RADIOACTIVE MATERIAL LICENSING INFORMATION FROM THE PUBLIC RECORDS 34
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ACT WHEN DISCLOSURE WOULD POSE A RISK TO PUBLIC HEALTH OR 35
SECURITY; TO AMEND SECTION 25-41-7, MISSISSIPPI CODE OF 1972, TO 36
AUTHORIZE THE STATE DEPARTMENT OF HEALTH AND CERTAIN PANELS, 37
COMMITTEES, SYSTEMS, OR PROGRAMS ESTABLISHED, DESIGNATED, 38
ADMINISTERED, OR SUPPORTED BY THE DEPARTMENT FOR PURPOSES OF 39
QUALITY ASSURANCE, QUALITY IMPROVEMENT, PERFORMANCE IMPROVEMENT, 40
PEER REVIEW, PATIENT SAFETY, MORBIDITY OR MORTALITY REVIEW, OR 41
SYSTEM EVALUATION TO CONDUCT CLOSED MEETINGS OR EXECUTIVE SESSIONS 42
FOR THE DISCUSSION OF CONFIDENTIAL QUALITY ASSURANCE AND 43
PERFORMANCE IMPROVEMENT MATTERS; TO AMEND SECTION 41-111-1, 44
MISSISSIPPI CODE OF 1972, TO MAKE TECHNICAL, NONSUBSTANTIVE 45
AMENDMENTS; AND FOR RELATED PURPOSES. 46
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 47
SECTION 1. (1) There is created the Fetal and Infant 48
Mortality Review Panel, whose primary purpose is to review fetal 49
deaths and deaths of infants up to one (1) year of age and 50
establish strategies to prevent infant deaths. The review panel 51
shall be multidisciplinary and composed of such members as deemed 52
appropriate by the State Department of Health. The review panel 53
may develop subcommittees to carry out the panel's purposes. 54
(2) The chairman of the review panel shall be elected 55
annually by the review panel membership. The review panel shall 56
develop and implement such procedures and policies necessary for 57
its operation, including obtaining and protecting confidential 58
records from the agencies and officials specified in subsection 59
(3) of this section to ensure successful completion of the ongoing 60
review required by this section and procedures for notice, 61
opportunity to cure, and enforcement for lack of compliance. The 62
review panel shall be assigned to the State Department of Health 63
for administrative purposes, and the department shall designate 64
staff to assist the review panel. 65
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(3) The review panel shall submit a report annually to the 66
Chairmen of the House Public Health and Human Services Committee 67
and the Senate Public Health and Welfare Committee on or before 68
December 1. The report shall include the numbers, causes and 69
relevant demographic information on infant mortality deaths in 70
Mississippi, and appropriate recommendations to the Legislature on 71
how to most effectively direct state resources to decrease infant 72
mortality in Mississippi. Data for the review panel's review and 73
reporting shall be provided to the review panel, upon the request 74
of the review panel, by the State Medical Examiner's office, State 75
Department of Health, Department of Human Services, medical 76
examiners, coroners, health care providers, law enforcement 77
agencies, and any other agencies or officials having information 78
that is necessary for the review panel to carry out its duties 79
under this section. The State Department of Health shall also be 80
responsible for printing and distributing the annual report(s) on 81
infant mortality in Mississippi. 82
(4) Physicians licensed under Section 73-25-1 et. seq., 83
hospitals licensed under Section 41-9-1 et seq., and pharmacies 84
licensed under Section 73-21-69 et seq., shall provide reasonable 85
access to the review panel to all relevant medical records, 86
including, but not limited to, medical records of the decedent and 87
decedent's birth mother, associated with a case under review by 88
the review panel. 89
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(5) A physician, hospital or pharmacy providing access to 90
medical records under this section shall not be held liable for 91
civil damages or be subject to any criminal or disciplinary action 92
for good faith efforts in providing such records. 93
(6) Information, records, reports, statements, notes, 94
memoranda or other data collected under this section shall not be 95
admissible as evidence in any action of any kind in any court or 96
before any other tribunal, board, agency or person. Such 97
information, records, reports, statements, notes, memoranda or 98
other data shall not be exhibited nor their contents disclosed in 99
any way, in whole or in part, by any officer or representative of 100
the department or any other person, except as may be necessary for 101
the purpose of furthering the review of the review panel of the 102
case to which they relate. No person participating in such review 103
shall disclose, in any manner, the information obtained except in 104
strict conformity with such review project. 105
(7) All information, records of interviews, written reports, 106
statements, notes, memoranda or other data obtained by the 107
department, the review panel, and other persons, agencies or 108
organizations authorized by the department under this section 109
shall be confidential. 110
(8) All proceedings and activities of the review panel under 111
this section, opinions of members of the review panel formed as a 112
result of those proceedings and activities, and records obtained, 113
created, or maintained under this section, including, but not 114
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limited to, records of interviews, written reports and statements 115
procured by the department or any other person, agency or 116
organization acting jointly or under contract with the department 117
in connection with the requirements of this section, shall be 118
confidential and shall not be subject to the Mississippi Open 119
Meetings Act, Sections 25-41-1 through 25-41-17, relating to open 120
meetings, the Mississippi Public Records Act of 1983, Sections 121
25-61-1 through 25-61-17, relating to open records, or subject to 122
subpoena, discovery or introduction into evidence in any civil or 123
criminal proceeding; however, nothing in this section shall be 124
construed to limit or restrict the right to discover or use in any 125
civil or criminal proceeding anything that is available from 126
another source and independently of the proceedings of the Review 127
Panel. 128
(9) Members of the review panel shall not be questioned in 129
any civil or criminal proceeding regarding the information 130
presented in or opinions formed as a result of a meeting or 131
communication of the review panel; however, nothing in this 132
section shall be construed to prevent a member of the review panel 133
from testifying to information obtained independently of the 134
proceedings of the review panel or which is public information. 135
(10) (a) Any agencies or officials specified in subsection 136
(3) of this section, or any officer, employee, or contractor 137
acting on their behalf, in possession of records, data, or 138
information requested by the review panel to carry out its duties 139
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under this section for the purpose of an infant death or 140
near-death review shall, upon request, provide such information in 141
a complete and timely manner as prescribed by the review panel. 142
For purposes of this section, "complete and timely" means 143
production of all responsive records within the timeframe 144
prescribed by the review panel, unless extended for good cause 145
shown and documented in writing. 146
(b) Before initiating enforcement action, the review 147
panel may provide written notice of noncompliance and allow a 148
reasonable opportunity to cure, not to exceed ten (10) business 149
days, unless delay would materially impair the review panel's 150
duties. 151
(c) Failure to comply with a lawful request under this 152
section within the specified timeframe or cure period, if 153
applicable, shall subject the noncomplying agency, official, or 154
entity to enforcement by the review panel or the State Department 155
of Health through mandamus, injunctive relief, or other 156
appropriate legal action. In any action brought to compel 157
compliance, the reviewing court shall award to the prevailing 158
party all reasonable costs incurred in enforcing compliance, 159
including attorney's fees, court costs, and any other expenses 160
reasonably related to the action. 161
(11) The State Department of Health may exercise any 162
enforcement authority otherwise granted to it under Title 41 of 163
the Mississippi Code, including, but not limited to, the authority 164
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to seek subpoenas, injunctive relief, mandamus, or other 165
appropriate judicial remedies, to enforce compliance with this 166
section. 167
(12) Nothing in this section shall be construed to authorize 168
the review panel to impose licensure sanctions, civil penalties, 169
or disciplinary action against any person or entity, except as 170
expressly provided for enforcement of compliance with data 171
requests under this section. 172
SECTION 2. Section 25-41-3, Mississippi Code of 1972, is 173
amended as follows: 174
25-41-3. For purposes of this chapter, the following words 175
shall have the meaning ascribed herein, to wit: 176
(a) "Public body" means any executive or administrative 177
board, commission, authority, council, department, agency, bureau 178
or any other policymaking entity, or committee thereof, of the 179
State of Mississippi, or any political subdivision or municipal 180
corporation of the state, whether the entity be created by statute 181
or executive order, which is supported wholly or in part by public 182
funds or expends public funds, and any standing, interim or 183
special committee of the Mississippi Legislature. The term 184
"public body" includes the governing board of a charter school 185
authorized by the Mississippi Charter School Authorizer Board and 186
the board of trustees of a community hospital as defined in 187
Section 41-13-10. The term "public body" includes the Mississippi 188
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Lottery Corporation. There shall be exempted from the provisions 189
of this chapter: 190
(i) The judiciary, including all jury 191
deliberations; 192
(ii) Law enforcement officials; 193
(iii) The military; 194
(iv) The State Probation and Parole Board; 195
(v) The Workers' Compensation Commission; 196
(vi) Legislative subcommittees and legislative 197
conference committees; 198
(vii) The arbitration council established in 199
Section 69-3-19; 200
(viii) License revocation, suspension and 201
disciplinary proceedings held by the Mississippi State Board of 202
Dental Examiners; * * * 203
(ix) Hearings and meetings of the Board of Tax 204
Appeals and of the hearing officers and the board of review of the 205
Department of Revenue as provided in Section 27-77-15 * * *; and 206
(x) The Fetal and Infant Mortality Review Panel 207
created under Section 1 of this act. 208
(b) "Meeting" means an assemblage of members of a 209
public body at which official acts may be taken upon a matter over 210
which the public body has supervision, control, jurisdiction or 211
advisory power, including an assemblage through the use of video 212
or teleconference devices that conforms to Section 25-41-5. 213
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SECTION 3. The following shall be codified as a separate 214
section within Chapter 61, Title 25, Mississippi Code of 1972: 215
25-61- . (1) (a) Records, reports, data, statements, 216
notes, memoranda, analyses, findings, recommendations, 217
communications, and other information, whether written, electronic 218
or oral, that are created, collected, maintained, or used by the 219
State Department of Health or any panel, committee, system or 220
program established, designated or supported by the department for 221
purposes of quality assurance, quality improvement, performance 222
improvement, peer review, patient safety, morbidity or mortality 223
review or system evaluation, including, but not limited to, review 224
panels, care systems and quality improvement programs, shall be 225
confidential and shall be exempt from the Mississippi Public 226
Records Act of 1983. 227
(b) Such records shall not be subject to inspection, 228
copying, disclosure, subpoena, discovery, or introduction into 229
evidence in any civil, criminal or administrative proceeding. 230
(c) Nothing in this subsection shall be construed to 231
exempt from disclosure records that are otherwise required to be 232
publicly reported by law, or information obtained from sources 233
independent of the quality assurance or performance improvement 234
process. 235
(2) (a) Records, data, lists, reports, maps, inventories or 236
other information maintained by the State Department of Health, 237
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including the Division of Radiological Health, that identify or 238
could reasonably be used to identify: 239
(i) The location, ownership, possession, quantity, 240
type, form, security features, or transportation of radioactive 241
material or radiation-producing devices; or 242
(ii) The identity or location of persons or 243
entities licensed or authorized to possess radioactive material or 244
radiation-producing devices, when disclosure of such information 245
would reasonably be expected to pose a risk to public health, 246
public safety, or security, shall be confidential and exempt from 247
the Mississippi Public Records Act of 1983. 248
(b) Such records shall not be subject to inspection, 249
copying, disclosure, subpoena, or discovery, except to the extent 250
disclosure is required by federal law or to another governmental 251
entity for official regulatory, law enforcement, emergency 252
response, or public health purposes. 253
(c) Nothing in this subsection shall be construed to 254
exempt from disclosure statistical, aggregate, or summary 255
information that does not identify specific licensees, locations, 256
quantities, or security-sensitive details, or information 257
otherwise required to be publicly reported by law. 258
SECTION 4. Section 25-41-7, Mississippi Code of 1972, is 259
amended as follows: 260
25-41-7. (1) Any public body may enter into executive 261
session for the transaction of public business; however, all 262
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meetings of any public body shall commence as an open meeting, and 263
an affirmative vote of three-fifths (3/5) of all members present 264
shall be required to declare an executive session. 265
(2) The procedure to be followed by any public body in 266
declaring an executive session shall be as follows: Any member 267
shall have the right to request by motion a closed determination 268
upon the issue of whether or not to declare an executive session. 269
The motion, by majority vote, shall require the meeting to be 270
closed for a preliminary determination of the necessity for 271
executive session. No other business shall be transacted until 272
the discussion of the nature of the matter requiring executive 273
session has been completed and a vote, as required in subsection 274
(1) hereof, has been taken on the issue. 275
(3) An executive session shall be limited to matters allowed 276
to be exempted from open meetings by subsection (4) of this 277
section. The reason for holding an executive session shall be 278
stated in an open meeting, and the reason so stated shall be 279
recorded in the minutes of the meeting. Nothing in this section 280
shall be construed to require that any meeting be closed to the 281
public, nor shall any executive session be used to circumvent or 282
to defeat the purposes of this chapter. 283
(4) A public body may hold an executive session pursuant to 284
this section for one or more of the following reasons: 285
(a) Transaction of business and discussion of personnel 286
matters relating to the job performance, character, professional 287
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competence, or physical or mental health of a person holding a 288
specific position, or matters relating to the terms of any 289
potential or current employment or services agreement with any 290
physicians or other employees of public hospitals, including any 291
discussion of any person applying for medical staff privileges or 292
membership with a public hospital. 293
(b) Strategy sessions or negotiations with respect to 294
prospective litigation, litigation or issuance of an appealable 295
order when an open meeting would have a detrimental effect on the 296
litigating position of the public body. 297
(c) Transaction of business and discussion regarding 298
the report, development or course of action regarding security 299
personnel, plans or devices. 300
(d) Investigative proceedings by any public body 301
regarding allegations of misconduct or violation of law. 302
(e) Any body of the Legislature which is meeting on 303
matters within the jurisdiction of that body. 304
(f) Cases of extraordinary emergency which would pose 305
immediate or irrevocable harm or damage to persons or property, or 306
both, within the jurisdiction of the public body. 307
(g) Transaction of business and discussion regarding 308
the prospective purchase, sale or leasing of lands. 309
(h) Discussions between a school board and individual 310
students who attend a school within the jurisdiction of the school 311
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board or the parents or teachers of the students regarding 312
problems of the students or their parents or teachers. 313
(i) Transaction of business and discussion concerning 314
the preparation of tests for admission to practice in recognized 315
professions. 316
(j) Transaction of business and discussions or 317
negotiations regarding the location, relocation or expansion of a 318
business, medical service or an industry. 319
(k) Transaction of business and discussions regarding 320
employment or job performance of a person in a specific position 321
or termination of an employee holding a specific position. The 322
exemption provided by this paragraph includes transaction of 323
business and discussion in executive session by the board of 324
trustees of a public hospital regarding any employee or medical 325
staff member or applicant for medical staff privileges and any 326
such individual's credentialing, health, performance, salary, 327
raises or disciplinary action. The exemption provided by this 328
paragraph includes the right to enter into executive session 329
concerning a line item in a budget which might affect the 330
termination of an employee or employees. All other budget items 331
shall be considered in open meetings and final budgetary adoption 332
shall not be taken in executive session. 333
(l) Discussions regarding material or data exempt from 334
the Mississippi Public Records Act of 1983 pursuant to Section 335
25-11-121. 336
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(m) Transaction of business and discussion regarding 337
prospective strategic business decisions of public hospitals, 338
including without limitation, decisions to open a new service 339
line, implement capital improvements, or file applications for 340
certificates of need or determinations of nonreviewability with 341
the State Department of Health. 342
(n) Transaction of business of the boards of trustees 343
of public hospitals that would require discussion of any 344
identifiable patient information, including without limitation, 345
patient complaints, patients' accounts, patients receiving charity 346
care, or treatment that could be identified to a patient. 347
(o) Investigative discussions, investigative 348
strategies, probative strategies related to identifiable instances 349
of human trafficking or commercial sexual exploitation, and 350
discussions involving locations of shelters or safe-houses for 351
victims of human trafficking or commercial sexual exploitation. 352
(p) Transaction of business of committees, 353
subcommittees or boards that would require discussion of any 354
identifiable information of victims of human trafficking or 355
children under eighteen years old who are victims of commercial 356
sexual exploitation. 357
(5) (a) The State Department of Health, and any panel, 358
committee, system or program established, designated, administered 359
or supported by the department for purposes of quality assurance, 360
quality improvement, performance improvement, peer review, patient 361
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safety, morbidity review, mortality review, or system evaluation, 362
including, but not limited to, infant mortality review panels, 363
trauma care systems and trauma quality improvement programs, may 364
enter executive session or otherwise conduct a closed meeting in 365
compliance with the provisions of this chapter when the discussion 366
will involve records, reports, data, statements, notes, memoranda, 367
analyses, findings, recommendations, communications or other 368
information that is confidential or exempt from disclosure under 369
state or federal law, including information exempt from the 370
Mississippi Public Records Act of 1983 pursuant to Section 2 of 371
this act. 372
(b) Any meeting, or portion of a meeting, closed under 373
this subsection shall be limited to the discussion of confidential 374
or exempt quality assurance, quality improvement, performance 375
improvement, peer review, patient safety, morbidity review, 376
mortality review or system evaluation matters. Any final action 377
or vote to adopt a policy, rule, or regulation of general 378
applicability shall be taken in an open meeting, unless otherwise 379
authorized by this chapter. 380
(c) Nothing in this subsection shall be construed to 381
permit a closed meeting for the purpose of avoiding the 382
requirements of this chapter for matters not otherwise 383
confidential or exempt under law, nor to restrict any public 384
reporting otherwise required by law. 385
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( * * *6) The total vote on the question of entering into an 386
executive session shall be recorded and spread upon the minutes of 387
the public body. 388
( * * *7) Any vote whereby an executive session is declared 389
shall be applicable only to that particular meeting on that 390
particular day. 391
SECTION 5. Section 41-111-1, Mississippi Code of 1972, is 392
amended as follows: 393
41-111-1. (1) There is created the Child Death Review 394
Panel, whose primary purpose is to foster the reduction of infant 395
and child mortality and morbidity in Mississippi and to improve 396
the health status of infants and children. 397
(2) The Child Death Review Panel shall be composed of 398
seventeen (17) voting members: the State Medical Examiner or his 399
representative, a pathologist on staff at the University of 400
Mississippi Medical Center, an appointee of the Lieutenant 401
Governor, an appointee of the Speaker of the House of 402
Representatives, and one (1) representative from each of the 403
following: the State Coroners Association, the Mississippi 404
Chapter of the American Academy of Pediatrics, the Office of Vital 405
Statistics in the State Department of Health, the Attorney 406
General's office, the * * * Mississippi Sheriffs' Association, the 407
Mississippi * * * Association of Chiefs of Police, the Department 408
of Child Protection Services, the Children's Advocacy Center, the 409
State Chapter of the March of Dimes, the State SIDS Alliance, the 410
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Mississippi Children's Safe Center, Safe Kids Mississippi, and the 411
Mississippi State Fire Marshal's office. 412
(3) The Chairman of the Child Death Review Panel shall be 413
elected annually by the Review Panel membership. The Review Panel 414
shall develop and implement such procedures and policies necessary 415
for its operation, including obtaining and protecting confidential 416
records from the agencies and officials specified in subsection 417
(4) of this section. The Review Panel shall be assigned to the 418
State Department of Health for administrative purposes only, and 419
the department shall designate staff to assist the Review Panel. 420
(4) (a) The Child Death Review Panel shall submit a report 421
annually to the Chairmen of the House Public Health and Human 422
Services Committee and the Senate Public Health and Welfare 423
Committee on or before December 1. The report shall include the 424
numbers, causes and relevant demographic information on child and 425
infant fatalities and near fatalities in Mississippi, and 426
appropriate recommendations to the Legislature on how to most 427
effectively direct state resources to decrease infant and child 428
deaths in Mississippi. Data for the Review Panel's review and 429
reporting shall be provided to the Review Panel, upon the request 430
of the Review Panel, by the State Medical Examiner's office, State 431
Department of Health, Department of Human Services, Department of 432
Child Protection Services, medical examiners, coroners, health 433
care providers, law enforcement agencies, and any other agencies 434
or officials having information that is necessary for the Review 435
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ST: Fetal and Infant Mortality Review Panel;
create.
Panel to carry out its duties under this section. The State 436
Department of Health shall also be responsible for printing and 437
distributing the annual report(s) on child and infant deaths in 438
Mississippi. 439
(b) The Children's Safe Center may access and analyze 440
data from the Mississippi Health Information Network to identify 441
data concerning child fatalities and near fatalities necessary for 442
the Review Panel's reporting. 443
SECTION 6. This act shall take effect and be in force from 444
and after July 1, 2026. 445