Sections 41-39-31 through 41-39-51 may be cited as "the Anatomical Gift Law."
Section 41-39-33: As used in Sections 41-39-31 through 41-39-51, the following terms shall have the meaning indicated:
(a) "Person" means individual, corporation, government or governmental agency or subdivision, estate, trust, partnership or association, or any other legal entity.
(b) "Body or part of body" includes organs, tissues, bones, blood and other body fluids, and "part" includes "parts."
(c) "Licensed hospital" includes any hospital licensed by the state board of health under the laws of this state and any hospital operated by the United States Government although not required to be licensed under the laws of the state of Mississippi.
(d) "Licensed physician or surgeon" means any physician or surgeon licensed to practice under the laws of this state.
(e) "Technician" means an individual other than a physician or surgeon who is certified by the state board of health as being qualified to remove and preserve parts of a body pursuant to this chapter.
(f) "Accredited school of mortuary science" means a mortuary science program in a state junior college approved by the state junior college commission and the vocational technical division of the Mississippi Department of Education.
Section 41-39-35:
(a) Any individual who is eighteen (18) years of age or over and who is competent to execute a will may give all or any part of his body for any one or more of the purposes specified in Sections 41-39-31 through 41-39-51, the gift to take effect after death.
(b) Unless he has knowledge that contrary directions have been given by the decedent, the following persons, in the order of priority stated, may give all or any part of a decedent's body for any one or more of the purposes specified in Sections 41-39-31 through 41-39-51:
(1) The spouse, if one survives.
(2) An adult son or daughter.
(3) Either parent.
(4) An adult brother or sister.
(5) The guardian of the person of the decedent at the time of his death.
(6) Any other person or agency authorized or under obligation to dispose of the body.
If there is no surviving spouse and an adult son or daughter is not immediately available at the time of death of a decedent, the gift may be made by either parent.
If a parent of decedent is not immediately available, the gift may be made by an adult brother or sister of decedent. If there is known to be a controversy within the class of persons first entitled to make the gift, the gift will not be accepted. The persons authorized herein to make the gift may execute the document of gift either after death or during a terminal illness. The decedent may be a minor or a stillborn infant.
If the gift is made by a person designated above, it shall be by written or telegraphic consent.
Section 41-39-37: The following persons are eligible to receive gifts of human bodies or parts thereof for the purposes stated:
(1) Any licensed hospital, surgeon or physician, for medical education, research, advancement of medical science, therapy or transplantation to individuals.
(2) Any accredited medical school, college or university engaged in medical education or research, for therapy, educational research or medical science purposes.
(3) Any person operating a bank or storage facility for blood, arteries, eyes, pituitaries, or other human parts, for use in medical education, research, therapy or transplantation to individuals.
(4) Any specified donee, for therapy or transplantation needed by him.
(5) Any accredited school of mortuary science.
Section 41-39-39:
(1) A gift of all or part of the body for purposes of Sections 41-39-31 through 41-39-51 may be made by will, in which case the gift becomes effective immediately upon death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.
(2) A gift of all or part of the body for purposes of Sections 41-39-31 through 41-39-51 may also be made by document other than a will. The document must be signed by the donor in the presence of two (2) witnesses who, in turn, shall sign the document in the donor's presence. If the donor cannot sign in person, the document may be signed for him, at his direction and in his presence, and in the presence of two (2) witnesses who, in turn, shall sign the document in the donor's presence. The gift becomes effective immediately upon death of donor.
Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid. The document may consist of a properly executed card carried on the donor's person or in his effects. See Form.
(3) The gift may be made either to a named donee or without the naming of a donee. If the latter, the gift may be accepted by and utilized at the discretion of the attending physician at or following death.
If the gift is made to a named donee who is not readily available at the time and place of death, and if the gift is evidenced by a properly executed card or other document carried on the donor's person or in his effects, the attending physician at or following death may, in reliance upon the card or other document, accept and utilize the gift in his discretion as the agent of the donee. The agent possesses and may exercise all of the rights and is entitled to all of the immunities of the donee under Sections 41-39-31 through 41-39-51.
If the gift is made to a named donee, the will or other document or an attested true copy thereof may be delivered to him to expedite the appropriate procedure immediately after death, but such delivery is not necessary to validity of the gift. Upon request of the named donee or his agent on or after the donor's death, the person in possession shall produce for examination the will or other document of gift.
(4) The donor may designate in his will or other document of gift the surgeon, physician or technician to carry out the appropriate procedures. In the event of the nonavailability of such designee, or in the absence of a designation, the donee or other person authorized to accept the gift may employ or authorize any licensed physician, licensed surgeon or technician for the purpose.
(5) A document of gift executed in another state and in accord with the laws of that state thereunto pertaining, or executed in a territory or possession of the United States under the control and dominion of the federal government exclusively and in accord with a federal law thereunto pertaining, shall be deemed valid as a document of gift within the state of Mississippi, notwithstanding that said document does not substantially conform to the requirements of this section.
Section 1-39-41:
(a) Any document of gift which has been delivered to the donee may be revoked by either:
(1) the execution and delivery to the donee or his agent of a revocation in writing, signed by the donor, or
(2) an oral statement of revocation witnessed by two persons, and communicated to the donee or his agent, or
(3) a statement during a terminal illness addressed to the attending physician and communicated to the donee or his agent, or
(4) a card or other writing signed by the donor and carried on his person or in his effects revoking the gift.
(b) Any document of gift which has not been delivered to the donee may be revoked in the manner set out above or by destruction, cancellation or mutilation of the document.
(c) Any gift made by a will may be revoked in the manner set out in subsection (a) above or in the manner provided for revocation or amendment of wills.
Section 41-39-43: The donee may accept or reject the gift. When the gift is only a part of the body,promptly following the removal of the part named, custody of the remaining parts ofthe body shall be transferred to the next of kin or other person or agency authorizedor under obligation to dispose of the body. The time of death shall be determined by the physician in attendance upon the donor's terminal illness or certifying his death. Said physician shall not be a member of the team of physicians which transplants the part to another individual.
Section 41-39-45: Any person who, in good faith and acting in reliance upon and authorization made under the provisions of Sections 41-39-31 through 41-39-51 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 said sections shall not be liable for damages in a civil action brought against him for such act.
Section 41-39-47: The provisions of Sections 41-39-31 through 41-39-51 are subject to the laws of this state prescribing powers and duties with respect to autopsies, and are not in contravention thereof.
Section 41-39-49: The provisions of Sections 41-39-31 through 41-39-51 shall not apply to gifts of parts of the body when said gifts are made during the lifetime of the donor with the intention that said part of the body be delivered to the donee during the lifetime of the donor.
Section 41-39-51: Nothing in Sections 41-39-31 through 41-39-51 shall invalidate any authority or instrument executed prior to April 6, 1970.
Section 41-39-53: Identification of donors on driver's license; duties of public safety commissioner.
(1) The Commissioner of Public Safety shall adopt and implement a program by which anatomical organ donors may be so identified by an appropriate decal, sticker or other marking to be affixed to the driver's license of such person.
(2) The commissioner shall provide space on every application for a driver's license or renewal thereof in which the applicant may indicate his desire to have such marking on his driver's license. In addition, any person whose license has not expired or who has already obtained a license may have such marking affixed by the commissioner upon request.
(3) The commissioner shall publish the existence of such program along with information regarding the procedures for having such marking affixed to a license.
(4) The commissioner shall notify his counterparts in each of the other states as to the existence of the program and the significance of the marking.
(5) No provision of this section shall be construed to modify or repeal any provisions of the Anatomical Gift Law, Section 41-39-31 et seq., and the actual donation of such anatomical organ shall be in conformity with and subject to all provisions of the Anatomical Gift Law.
(6) The commissioner shall distribute information about organ and tissue donation to each location where drivers' licenses are applied for or renewed. This information shall be made available to the commissioner by the organ procurement organization as defined in Section 41-39-15.
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Certificate of Authorization for Postmortem...
