§ 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 […]
§ 41-41-217. 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.
§ 41-41-225. Copies have same effect as originals
A copy of a written advance health-care directive, revocation of an advance health-care directive, or designation or disqualification of a surrogate has the same effect as the original.
§ 41-41-227. Construction and application of provisions
Sections 41-41-201 through 41-41-229 do not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health-care directive. Death resulting from the withholding or withdrawal of health care in accordance with Sections 41-41-201 through 41-41-229 does not for any purpose constitute a suicide or homicide or […]
§ 41-41-229. Equitable relief; Rules of Civil Procedure applicable
On petition of a patient, the patient’s agent, guardian, or surrogate, a health-care provider or institution involved with the patient’s care, or an individual described in Section 41-41-211(2) or (3), any court of competent jurisdiction may enjoin or direct a health-care decision or order other equitable relief. A proceeding under this section shall be governed […]