2010 Mississippi Code
TITLE 41 - PUBLIC HEALTH
Chapter 41 - Surgical or Medical Procedures; Consents.
41-41-3 - Consent for surgical or medical treatment or procedures on unemancipated minors.
§ 41-41-3. Consent for surgical or medical treatment or procedures on unemancipated minors.
(1) It is hereby recognized and established that, in addition to such other persons as may be so authorized and empowered, any one (1) of the following persons who is reasonably available, in descending order of priority, is authorized and empowered to consent on behalf of an unemancipated minor, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be suggested, recommended, prescribed or directed by a duly licensed physician:
(a) The minor's guardian or custodian.
(b) The minor's parent.
(c) An adult brother or sister of the minor.
(d) The minor's grandparent.
(2) If none of the individuals eligible to act under subsection (1) is reasonably available, an adult who has exhibited special care and concern for the minor and who is reasonably available may act; the adult shall communicate the assumption of authority as promptly as practicable to the individuals specified in subsection (1) who can be readily contacted.
(3) Any female, regardless of age or marital status, is empowered to give consent for herself in connection with pregnancy or childbirth.
Sources: Codes, 1942, § 7129-81; Laws, 1966, ch. 478, § 1; Laws, 1984, ch. 347; Laws, 1998, ch. 542, § 17, eff from and after July 1, 1998.
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