§ 41-41-301. Short title
Sections 41-41-301 through 41-41-303 shall be known and may be cited as the “Mississippi Physician Order for Sustaining Treatment (POST) Act.”
§ 41-41-302. Physician order for sustaining treatment
A physician order for sustaining treatment (POST) directing health care in the standardized form provided by this section may be executed by the primary physician of an individual and: The individual, if an adult or emancipated minor with capacity; or The agent, guardian, or surrogate having authority to make health care decisions on behalf of […]
§ 41-41-303. Immunity, liability, penalties and equitable relief
A physician or health-care provider acting in good faith and in accordance with generally accepted health-care standards applicable to the physician or health-care provider is not subject to civil or criminal liability or to discipline for unprofessional conduct for: Executing a physician order for sustaining treatment in compliance with a health-care decision of a person […]
§ 41-41-211. Surrogates
A surrogate may make a health-care decision for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician to lack capacity and no agent or guardian has been appointed or the agent or guardian is not reasonably available. An adult or emancipated minor may designate any […]
§ 41-41-213. Guardians and wards
A guardian shall comply with the ward’s individual instructions and may not revoke the ward’s advance health-care directive unless the appointing court expressly so authorizes. Absent a court order to the contrary, a health-care decision of an agent takes precedence over that of a guardian. A health-care decision made by a guardian for the ward […]
§ 41-41-215. Health-care provider or institution responsibilities
Before implementing a health-care decision made for a patient, a supervising health-care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision. A supervising health-care provider who knows of the existence of an advance health-care directive, a revocation of an advance health-care directive, or […]
§ 41-41-217. Rights to disclosure of medical and health-care information
Unless otherwise specified in an advance health-care directive, a person then authorized to make health-care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health-care information.
§ 41-41-219. Health-care provider or institution liability and discipline
A health-care provider or institution acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care provider or institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for: Complying with a health-care decision of a person apparently having authority to make a health-care decision […]
§ 41-41-221. Liability for intentional violations and fraudulent inducements
A health-care provider or institution that intentionally violates Sections 41-41-201 through 41-41-229 is subject to liability to the aggrieved individual for damages of Five Hundred Dollars ($500.00) or actual damages resulting from the violation, whichever is greater, plus reasonable attorney’s fees. A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual’s advance health-care […]
§ 41-41-223. Construction of provisions and presumed capacity
Sections 41-41-201 through 41-41-229 do not affect the right of an individual to make health-care decisions while having capacity to do so. An individual is presumed to have capacity to make a health-care decision, to give or revoke an advance health-care directive, and to designate or disqualify a surrogate.