Disposition of Human Bodies or Parts

Miss. Code Ann. tit. 41, ch. 39
in effect

Miss. Code Ann. § 41-39-1 Disposition of tissue or external member of human body and dead fetus.

Any physician removing or otherwise acquiring any tissue of the human body may, in his discretion, after making or causing to be made such scientific examination of the same as he may deem appropriate or as may be required by law, custom or rules and regulations of the hospital or other institution in which the tissue may have been removed or acquired, authorize disposition of the same by incineration, cremation, burial or other sanitary method approved by the state board of health, unless he shall have been furnished prior to removal or acquisition of the tissue, or at any time prior to its disposal, a written request that the same be delivered to the patient or someone in his behalf or, if death has occurred, to the person claiming the dead body for burial or cremation. No such tissue shall be delivered, however, except as may be permitted by rules and regulations of the state board of health. Any hospital or other institution acquiring possession of any such tissue, and not having written instructions to the contrary from the attending physician, the patient or the person claiming a dead body for burial or cremation, or someone in their behalf, may immediately dispose of the same as hereinabove provided. However, no external member of the human body may be so disposed of within forty-eight hours of its removal or acquisition unless consent thereto be obtained in writing from the patient or the person authorizing the medical or surgical treatment of the patient, and no dead foetus shall be so disposed of within the same period of time unless consent thereto be obtained in writing from the mother of the dead foetus or her spouse. For the purposes of this section, an external member of the human body is defined as an arm or one or more joints thereof, a hand, a finger or one or more joints thereof, a leg or one or more joints thereof, a foot, a toe or one or more joints thereof, an ear or the greater part thereof, or the nose or the greater part thereof. For the purposes of this section and the succeeding section, a dead foetus is defined as a product of human conception, exclusive of its placenta or connective tissue, which has suffered death prior to its complete expulsion or extraction from the mother, as established by the fact that after such expulsion or extraction the foetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

Miss. Code Ann. § 41-39-3 Regulations for disposition of dead foetus acquired by hospital or midwife.

The State Board of Health may provide by rules and regulations for the disposition of any dead foetus acquired by any hospital or by any midwife or person acting as a midwife, such disposition to be in a manner consistent with the provisions of Section 41-39-1 except that the waiting period for such disposition may be waived.

Miss. Code Ann. § 41-39-5 Disposition of unclaimed dead bodies.

Any physician, hospital, funeral director, embalmer, coroner or other person acquiring possession of a dead human body or portion thereof which is not claimed for burial or cremation within forty-eight (48) hours of its acquisition shall give written notice thereof to the board of supervisors, or a member thereof, of the county in which the dead body or portion thereof is located, furnishing such identification of the decedent as may be available. The board of supervisors or the coroner shall make reasonable efforts to notify members of the decedent’s family or other known interested persons, and, if the dead body or portion thereof shall not be claimed for burial or cremation by any interested person within five (5) days of the aforementioned written notice, the board of supervisors or coroner shall, as soon as it may think appropriate, authorize and direct the burial or cremation and burial of the residue of such dead body or portion thereof. In its discretion and where otherwise permitted to do so by law, the board of supervisors may direct the disposition of the dead body or portion thereof as provided by Section 41-39-7. The reasonable expense of such burial or cremation and burial of the residue of a dead body shall be borne by the estate of the decedent or of any person liable at law for the necessities of the decedent during his lifetime or, if they are unable to pay the same, by the county of residence or settlement of the decedent, if known, and, if not known, by the county in which the dead body or portion thereof is located. If the person having possession of such dead human body or portion thereof shall have no available means of preserving the same and shall so notify the board of supervisors, or a member thereof, of the county in which the dead body or portion thereof is located, it shall be the duty of the board of supervisors to make arrangements for the preservation of the same until burial or cremation and burial of the residue of the dead body as hereinabove provided, and the expense of such preservation shall be borne as hereinabove provided with respect to the expense of burial or cremation. No county funds may be expended in excess of the amount budgeted for the purposes of this section without the prior approval of the board of supervisors of the county.

Miss. Code Ann. § 41-39-7 Bodies of deceased hospital patients to be turned over to educational institutions in certain cases.

Upon the request of the Secretary of the State Board of Health, the authorities in charge of the hospitals supported either wholly or partly by state funds are authorized and directed to deliver any body of any person, except the bodies of persons with mental illness and persons with an intellectual disability, dying in any of those hospitals to the duly authorized representatives of the state university or any medical college or any accredited mortuary science program in any junior college in this state, giving the state university preference in the event there is an insufficiency in dissecting material for the use of all hospitals for anatomical purposes. This applies to the remains of any person, except persons with mental illness and persons with an intellectual disability, who dies in any of those hospitals, when the body is not, within a reasonable time after death, claimed for burial by some fraternal order, or by some person related to the deceased by blood or marriage, or by some friend. The State Board of Health shall have authority to adopt regulations for the proper burial of those persons with mental illness and persons with an intellectual disability. However, the human remains of any unknown person who is a traveler dying suddenly shall not be so delivered or used for anatomical purposes. Any human remains, so delivered, shall be properly and decently removed from the hospital, at the expense of the party to whom the same may be delivered, and shall be transported under such regulations as the State Board of Health may prescribe, and after use for strictly necessary medical study, in the medical department of the university, or in any medical college, or in any accredited mortuary science program in any junior college in this state, as the case may be, the body shall be decently interred or may be cremated and the residue interred at the expense of the party using the same. The State Board of Health shall have authority to regulate and restrict the use of dead bodies used for the above purposes. The authorities of the hospitals, the Secretary of the State Board of Health, and the authorities of the university, any medical college and any accredited mortuary science program in any junior college in this state, shall each cause a record to be kept of each body used and disposed of, under the provisions of this section, and such records shall be subject to inspection of any member of the State Board of Health at any time.

Miss. Code Ann. § 41-39-9 Contracts for donation of parts of human bodies.

It is hereby declared lawful for any person eighteen (18) years of age and over, having a sound and disposing mind, to enter into a written contract with a qualified hospital or medical school to donate his eyes, heart, kidney or other transplantable part of a human body to medical science or for medical purposes. Any contract entered into under the terms of this section is hereby declared to be binding upon the surviving spouse or other heirs of the deceased who have the right under general law to claim his body. Any person entering into such a contract may, during his or her lifetime, revoke by a written instrument, signed by both parties, said contract in its entirety. However, if any such person has received any monetary consideration for entering into said written contract, he or she upon revoking said contract shall repay such monetary consideration to those from whom he or she received the consideration, in full, plus six percent (6%) interest from the date of the signing of the contract.

Miss. Code Ann. § 41-39-11 Use of chemical analysis in criminal investigations.

In respect to a gift of an eye as provided for in this chapter, a person licensed for the practice of funeral service under the provisions of Sections 73-11-41 et seq., who has successfully completed a course in eye enucleation and has received a certificate of competence from the state board of health, may enucleate eyes for such gift after the proper certification of death by a physician and compliance with the extent of such gift as defined within Sections 41-39-31 through 41-39-53. No such properly certified funeral service licensee acting in accordance with the terms of this chapter shall have any liability, civil or criminal, for such eye enucleation. The state board of health shall promulgate such rules as are necessary to provide for the proper certification of such funeral service licensees and for the implementation of this section.

Miss. Code Ann. § 41-39-13 Tags on bodies of persons with infectious or communicable diseases.

For the purposes of this section, the term “infectious or communicable disease” means the following: Infectious hepatitis; Tuberculosis; Any venereal disease; Acquired immune deficiency syndrome (AIDS); or Any other disease designated by the State Board of Health in its rules and regulations as a disease transmissible through blood contact for which precautions are necessary in embalming or otherwise handling dead bodies infected with the disease or its causative agent. Upon the death of a person who has been diagnosed as having an infectious or communicable disease or its causative agent, in a hospital or other health-care facility, and in all other cases where there is an attending physician, the attending physician, or person in charge of the hospital or health-care facility, shall affix or cause to be affixed a tag on the body, preferably on the great toe. The tag shall be on card stock paper and shall be no smaller than five (5) centimeters by ten (10) centimeters. It shall be red in color and shall include the words “BLOOD/BODY FLUID PRECAUTIONS REQUIRED” in letters no smaller than six (6) millimeters in height. The name of the deceased person shall be written on the tag and the tag shall remain affixed to the body until the preparation of the body for burial has been completed. Upon the death of a person infected with the agent which causes an infectious or communicable disease, outside of a hospital or health-care facility or without an attending physician, any family member or person making arrangements for the disposition of the body who knows that the deceased was infected with such agent at the time of death shall advise the person taking charge of the body for disposition of this fact. The person taking charge of the body then shall affix or cause to be affixed a tag on the body as described in subsection (2) of this section. Failure to comply with the requirements of this section shall constitute a misdemeanor and shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by confinement in the county jail for not more than thirty (30) days, or both. The provisions of this subsection are cumulative and supplemental to any other provision of law, and a conviction or penalty imposed under this section shall not preclude any other action at law, proceedings for professional discipline or other criminal proceedings.

Miss. Code Ann. § 41-39-15 Repealed.

Repealed by Laws, 2008, ch. 561, § 26, effective July 1, 2008. § 41-39-15 . [Laws, 1987, ch. 433; Laws, 1988, ch. 355; Laws, 1993, ch. 423, § 1; Laws, 1998, ch. 540, § 1; Laws, 2005, ch. 472, § 2; Laws, 2007, ch. 450, § 1, eff from and after June 30, 2007.] Editor’s Notes — Former § 41-39-15 was entitled: “Identification of potential organ and tissue donors; protocol; removal of organs for transplantation; notification of medical examiner if deceased patient is subject of medical-legal death investigation; performance improvement record reviews; out of state shipments; civil liability; gifts to medical schools; organ donation made by will, durable power of attorney, living will or under Anatomical Gift Law supersedes decision made by family of donor.” For present similar provisions, see §§ 41-39-101 et seq.

Miss. Code Ann. § 41-39-31 Repealed.

Repealed by Laws, 2008, ch. 561, § 26, effective July 1, 2008. § 41-39-31 . [Codes, 1942, § 278.3-08; Laws, 1970, ch. 413, § 8, eff from and after passage (approved April 6, 1970).] § 41-39-33 . [Codes, 1942, § 278.3-02; Laws, 1970, ch. 413, § 2; Laws, 1975, ch. 328, § 2; Laws, 1980, ch. 403, § 2, eff from and after July 1, 1980.] § 41-39-35 . [Codes, 1942, § 278.3-01; Laws, 1970, ch. 413, § 1; Laws, 1976, ch. 406, § 2, eff from and after July 1, 1976.] § 41-39-37 . [Codes, 1942, § 278.3-03; Laws, 1970, ch. 413, § 3; Laws, 1980, ch. 403, § 3, eff from and after July 1, 1980.] § 41-39-39 . [Codes, 1942, § 278.3-04; Laws, 1970, ch. 413, § 4; Laws, 1975, ch. 328, § 3; Laws, 1980, ch. 403, § 4, eff from and after July 1, 1980.] § 41-39-41 . [Codes, 1942, § 278.3-05; Laws, 1970, ch. 413, § 5, eff from and after passage (approved April 6, 1970).] § 41-39-43 . [Codes, 1942, § 278.3-06; Laws, 1970, ch. 413, § 6, eff from and after passage (approved April 6, 1970).] § 41-39-45 . [Codes, 1942, § 278.3-06; Laws, 1970, ch. 413, § 6, eff from and after passage (approved April 6, 1970).] § 41-39-47 . [Codes, 1942, § 278.3-06; Laws, 1970, ch. 413, § 6, eff from and after passage (approved April 6, 1970).] § 41-39-49 . [Codes, 1942, § 278.3-06; Laws, 1970, ch. 413, § 6, eff from and after passage (approved April 6, 1970).] § 41-39-51 . [Codes, 1942, § 278.3-07; Laws, 1970, ch. 413, § 7, eff from and after passage (approved April 6, 1970).] § 41-39-53 . [Laws, 1974, ch. 385, eff from and after passage (approved March 21, 1974); Laws, 1998, ch. 540, § 2, eff from and after May 1, 1998.] Editor’s Notes — Former §§ 41-39-15 through 41-39-53 were entitled: “The Anatomical Gift Law.” For present similar provisions, see the Revised Mississippi Uniform Anatomical Gift Act, codified as §§ 41-39-101 et seq.

Miss. Code Ann. § 41-39-101 Short title.

Sections 41-39-101 through 41-39-149 may be cited as the Revised Mississippi Uniform Anatomical Gift Act (UAGA).

Miss. Code Ann. § 41-39-103 Definitions.

In Sections 41-39-101 through 41-39-149: “Adult” means an individual who is at least eighteen (18) years of age. “Agent” means an individual: “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation, therapy, research, or education. “Decedent” means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than Sections 41-39-101 through 41-39-149, a fetus. “Disinterested witness” means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under Section 41-39-121. “Document of gift” means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver’s license, identification card, or donor registry. “Donor” means an individual whose body or part is the subject of an anatomical gift. “Donor registry” means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. “Driver’s license” means a license or permit issued by the Mississippi Department of Public Safety to operate a vehicle, whether or not conditions are attached to the license or permit. “Eye bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. “Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem. “Hospital” means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. “Identification card” means an identification card issued by the Mississippi Department of Public Safety. “Know” means to have actual knowledge. “Minor” means an individual who is under eighteen (18) years of age. “Organ procurement organization” means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. “Parent” means a parent whose parental rights have not been terminated. “Part” means an organ, an eye, or tissue of a human being. The term does not include the whole body. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. “Physician” means an individual authorized to practice medicine or osteopathy under the law of any state. “Procurement organization” means an eye bank, organ procurement organization, or tissue bank. “Prospective donor” means an individual who is dead or near death, Glasgow Coma Scale of five (5) or less, and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal. “Reasonably available” means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. “Recipient” means an individual into whose body a decedent’s part has been or is intended to be transplanted. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. “Refusal” means a record created under Section 41-39-113 that expressly states an intent to bar other persons from making an anatomical gift of an individual’s body or part. “Sign” means, with the present intent to authenticate or adopt a record: “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. “Technician” means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator. “Tissue” means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education. “Tissue bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. “Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. Authorized to make health care decisions on the principal’s behalf by a power of attorney for health care; or Expressly authorized to make an anatomical gift on the principal’s behalf by any other record signed by the principal. To execute or adopt a tangible symbol; or To attach to or logically associate with the record an electronic symbol, sound, or process.

Miss. Code Ann. § 41-39-105 Applicability.

Sections 41-39-101 through 41-39-149 apply to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

Miss. Code Ann. § 41-39-107 Who may make anatomical gift before donor’s death.

Subject to Section 41-39-115, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Section 41-39-109 by: The donor, if the donor is an adult or if the donor is a minor and is: An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift; A parent of the donor, if the donor is an unemancipated minor; or The donor’s guardian. Emancipated; or Authorized under state law to apply for a driver’s license because the donor is at least eighteen (18) years of age;

Miss. Code Ann. § 41-39-109 Manner of making anatomical gift before donor’s death.

A donor may make an anatomical gift: By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card; In a will; During a terminal illness or injury of the donor, by any form of communication addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness; or As provided in subsection (b). A donor or other person authorized to make an anatomical gift under Section 41-39-107 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must: Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the donor or the other person; and State that it has been signed and witnessed as provided in paragraph (1). Revocation, suspension, expiration, or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift. An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.

Miss. Code Ann. § 41-39-111 Amending or revoking anatomical gift before donor’s death.

Subject to Section 41-39-115, a donor or other person authorized to make an anatomical gift under Section 41-39-107 may amend or revoke an anatomical gift by: A record signed by: A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. The donor; The other person; or Subject to subsection (b), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or A record signed pursuant to subsection (a)(1)(C) must: Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the donor or the other person; and State that it has been signed and witnessed as provided in paragraph (1). Subject to Section 41-39-115, a donor or other person authorized to make an anatomical gift under Section 41-39-107 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a).

Miss. Code Ann. § 41-39-113 Refusal to make anatomical gift; effect of refusal.

An individual may refuse to make an anatomical gift of the individual’s body or part by: A record signed by: The individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death; or Any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness. The individual; or Subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign; A record signed pursuant to subsection (a)(1)(B) must: Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the individual; and State that it has been signed and witnessed as provided in paragraph (1). An individual who has made a refusal may amend or revoke the refusal: In the manner provided in subsection (a) for making a refusal; By subsequently making an anatomical gift pursuant to Section 41-39-109 that is inconsistent with the refusal; or By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal. Except as otherwise provided in Section 41-39-115(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or part bars all other persons from making an anatomical gift of the individual’s body or part.

Miss. Code Ann. § 41-39-115 Preclusive effect of anatomical gift, amendment, or revocation.

Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part under Section 41-39-109 or an amendment to an anatomical gift of the donor’s body or part under Section 41-39-111. A donor’s revocation of an anatomical gift of the donor’s body or part under Section 41-39-111 is not a refusal and does not bar another person specified in Section 41-39-107 or 41-39-117 from making an anatomical gift of the donor’s body or part under Section 41-39-109 or 41-39-119. If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under Section 41-39-109 or an amendment to an anatomical gift of the donor’s body or part under Section 41-39-111, another person may not make, amend, or revoke the gift of the donor’s body or part under Section 41-39-119. A revocation of an anatomical gift of a donor’s body or part under Section 41-39-111 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under Section 41-39-109 or 41-39-119. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 41-39-107, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 41-39-107, an anatomical gift of a part for one or more of the purposes set forth in Section 41-39-107 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under Section 41-39-109 or 41-39-119. If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part. If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.

Miss. Code Ann. § 41-39-117 Who may make anatomical gift of decedent’s body or part.

Subject to subsections (b) and (c) and unless barred by Section 41-39-113 or 41-39-115, an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed: An agent of the decedent at the time of death who could have made an anatomical gift under Section 41-39-107(2) immediately before the decedent’s death; The spouse of the decedent; Adult children of the decedent; Parents of the decedent; Adult siblings of the decedent; Adult grandchildren of the decedent; Grandparents of the decedent; An adult who exhibited special care and concern for the decedent; The persons who were acting as the guardians of the person of the decedent at the time of death; and Any other person having the authority to dispose of the decedent’s body. If there is more than one (1) member of a class listed in subsection (a) (1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under Section 41-39-121 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available. A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.

Miss. Code Ann. § 41-39-119 Manner of making, amending, or revoking anatomical gift of decedent’s body or part.

A person authorized to make an anatomical gift under Section 41-39-117 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. Subject to subsection (c), an anatomical gift by a person authorized under Section 41-39-117 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one (1) member of the prior class is reasonably available, the gift made by a person authorized under Section 41-39-117 may be: Amended only if a majority of the reasonably available members agree to the amending of the gift; or Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift. A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.

Miss. Code Ann. § 41-39-121 Persons that may receive anatomical gift; purpose of anatomical gift.

An anatomical gift may be made to the following persons named in the document of gift: A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; Subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part; or An eye bank or tissue bank. If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization. If an anatomical gift to an individual under subsection (a) (2) cannot be transplanted into the individual, the part passes in accordance with subsection (g) in the absence of an express, contrary indication by the person making the anatomical gift. If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules apply: If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank. If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank. If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ. For the purpose of subsection (c), if there is more than one (1) purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education. If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g). If a document of gift specifies only a general intent to make an anatomical gift by words such as “donor,” “organ donor,” or “body donor,” or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g). For purposes of subsections (b), (e), and (f) the following rules apply: If the part is an eye, the gift passes to the appropriate eye bank. If the part is tissue, the gift passes to the appropriate tissue bank. If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ. An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a) (2), passes to the organ procurement organization as custodian of the organ. If an anatomical gift does not pass pursuant to subsections (a) through (h) or the decedent’s body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part. A person may not accept an anatomical gift if the person knows that the gift was not effectively made under Section 41-39-109 or 41-39-119 or if the person knows that the decedent made a refusal under Section 41-39-113 that was not revoked. For purposes of the subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift. Except as otherwise provided in subsection (a) (2), nothing in Sections 41-39-101 through 41-39-149 affects the allocation of organs for transplantation or therapy.

Miss. Code Ann. § 41-39-123 Search and notification.

The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: A law enforcement officer, fire fighter, paramedic, or other emergency rescuer finding the individual; and If no other source of the information is immediately available, a hospital, as soon as practical after the individual’s arrival at the hospital. If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a) (1) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital. A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.

Miss. Code Ann. § 41-39-125 Delivery of document of gift not required; right to examine.

A document of gift need not be delivered during the donor’s lifetime to be effective. Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Section 41-39-121.

Miss. Code Ann. § 41-39-127 Rights and duties of procurement organization and others.

When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Mississippi Department of Public Safety and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift. A procurement organization must be allowed reasonable access to information in the records of the Mississippi Department of Public Safety to ascertain whether an individual at or near death is a donor. When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. The organ procurement organizations, tissue bank, or eye bank, or hospital medical professionals under the direction thereof, may perform any and all tests to evaluate the deceased as a potential donor and any invasive procedures on the deceased body in order to preserve the potential donor’s organs. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent. The procurement organization representative shall initiate the consent process with reasonable discretion and sensitivity to the family’s circumstances, values and beliefs. Unless prohibited by law other than Sections 41-39-101 through 41-39-149, at any time after a donor’s death, the person to which a part passes under Section 41-39-121 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose. Unless prohibited by law other than Sections 41-39-101 through 41-39-149, an examination under subsection (c) or (d) may include an examination of all medical and dental records of the donor or prospective donor. Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal. Upon referral by a hospital under subsection (a), a procurement organization shall make a reasonable search for any person listed in Section 41-39-117 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information. Subject to Sections 41-39-121(i) and 41-39-143, the rights of the person to which a part passes under Section 41-39-121 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and Sections 41-39-101 through 41-39-149, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under Section 41-39-121, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation. Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent’s death may participate in the procedures for removing or transplanting a part from the decedent. A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.

Miss. Code Ann. § 41-39-129 Coordination of procurement and use.

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

Miss. Code Ann. § 41-39-131 Sale or purchase of parts prohibited.

Except as otherwise provided in subsection (b), a person that, for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual’s death commits a felony and upon conviction is subject to a fine not exceeding Fifty Thousand Dollars ($50,000.00) or imprisonment not exceeding five (5) years, or both. A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.

Miss. Code Ann. § 41-39-133 Other prohibited acts.

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon conviction is subject to a fine not exceeding Fifty Thousand Dollars ($50,000.00) or imprisonment not exceeding five (5) years, or both.

Miss. Code Ann. § 41-39-135 Immunity.

Any person who, in good faith and acting in reliance upon and authorization made under the provisions of Sections 41-39-101 through 41-39-149 and without notice of revocation thereof, takes possession of, performs surgical operations upon, removes tissue, substances or parts from the human body, or refuses such a gift, and any person who unknowingly fails to carry out the wishes of the donor according to the provisions of Sections 41-39-101 through 41-39-149 shall not be liable for damages in a civil action brought against him for that act. Neither the person making an anatomical gift nor the donor’s estate is liable for any injury or damage that results from the making or use of the gift. In determining whether an anatomical gift has been made, amended, or revoked under Sections 41-39-101 through 41-39-149, a person may rely upon representations of an individual listed in Section 41-39-117(a) (2), (3), (4), (5), (6), (7), or (8) relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.

Miss. Code Ann. § 41-39-137 Law governing validity; choice of law as to execution of document of gift; presumption of validity.

A document of gift is valid if executed in accordance with: Sections 41-39-101 through 41-39-149; The laws of the state or country where it was executed; or The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed. If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

Miss. Code Ann. § 41-39-139 Donor registry.

The Mississippi Department of Public Safety may establish or contract for the establishment of a donor registry. The Mississippi Department of Public Safety shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor’s making, amendment to, or revocation of an anatomical gift. A donor registry must: Allow a donor or other person authorized under Section 41-39-107 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift; Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and Be accessible for purposes of paragraphs (1) and (2) seven (7) days a week on a twenty-four-hour basis. Except as otherwise provided in subsection (f), personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift. This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry must comply with subsections (c) and (d). At the time that a person is renewing his or her driver’s license, the Department of Public Safety shall ask the person if he or she would like to be a donor. If the answer is yes, the department shall inform the prospective donor that his or her decision to be a donor cannot be revoked, changed or contested after his or her death by the donor’s next of kin or by any other person, and shall ask the person if he or she desires information about the person’s decision to be a donor to be sent to another person or persons. If the answer is yes, the department shall obtain the name and mailing address of the person or persons designated by the prospective donor, and the donor registry shall send the information about the prospective donor’s decision to the designated person or persons as requested.

Miss. Code Ann. § 41-39-141 Effect of anatomical gift on advance health-care directive.

In this section: “Advance health care directive” means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor’s direction concerning a health care decision for the prospective donor. “Declaration” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor. “Health care decision” means any decision regarding the health care of the prospective donor. If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than Sections 41-39-101 through 41-39-149 to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under Section 41-39-117. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.

Miss. Code Ann. § 41-39-143 Notification of medical examiner if deceased patient is subject of medical-legal death investigation.

If the deceased patient is medically suitable to be an organ and/or tissue donor, as determined by the procurement organization, and the donor and/or family has authorized the donation and transplantation, the donor’s organs and/or tissues shall be removed for the purpose of donation and transplantation by the organ procurement organization, in accordance with subsection (b) of this section. If the deceased patient is the subject of a medical-legal death investigation, the procurement organization shall immediately notify the appropriate medical examiner that the deceased patient is medically suitable to be an organ and/or tissue donor. If the medical examiner determines that examination, analysis or autopsy of the organs and/or tissue is necessary for the medical examiner’s investigation, the medical examiner may be present while the organs and/or tissues are removed for the purpose of transplantation. The physician, surgeon or technician removing the organs and/or tissues shall file with the medical examiner a report detailing the donation, which shall become part of the medical examiner’s report. When requested by the medical examiner, the report shall include a biopsy or medically approved sample, as specified by the medical examiner, from the donated organs and/or tissues. In a medical-legal death investigation, decisions about organ and/or tissue donation and transplantation shall be made in accordance with a protocol established and agreed upon by majority vote of procurement organization, a certified state pathologist who shall be appointed by the Mississippi Commissioner of Public Safety, a representative from the University of Mississippi Medical Center, a representative from the Mississippi Coroners Association, an organ recipient who shall be appointed by the Governor, the Director of the Mississippi Bureau of Investigation of the Mississippi Department of Public Safety, and a representative of the Mississippi Prosecutor’s Association appointed by the Attorney General. The protocol shall be established so as to maximize the total number of organs and/or tissues available for donation and transplantation. Organs and/or tissues designated by virtue of this protocol shall be recovered. The protocol shall be reviewed and evaluated on an annual basis.

Miss. Code Ann. § 41-39-145 Uniformity of application and construction.

In applying and construing Sections 41-39-101 through 41-39-149, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Miss. Code Ann. § 41-39-147 Relation to electronic signatures in global and national commerce act.

Sections 41-39-101 through 41-39-149 modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 USCS Section 7001 et seq., but do not modify, limit or supersede Section 101(a) of that act, 15 USCS Section 7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 USCS Section 7003(b).

Miss. Code Ann. § 41-39-149 Repealed.

Repealed by Laws of 2014, ch. 315, § 25, effective July 1, 2014. § 41-39-149 . [Laws, 2008, ch. 561, § 25; Laws, 2012, ch. 346, § 25, eff from and after July 1, 2012.] Editor’s Notes — Former § 41-39-149 provided for the repeal of the revised Mississippi Uniform Anatomical Gift Act, codified as §§ 41-39-101 through 41-39-147 .

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