31 Miss. Code. R. 504-1.1

Current through December 10, 2024

Rule 31-504-1.1 - Cord Blood Policy

In accordance with Miss. Code Ann. § 97-5-51, the Mississippi State Medical Examiner's Office has developed the following procedures with respect to the collection of forensic samples.

1. Biological samples are to be collected if a pregnancy termination is performed on a minor who is less than fourteen (14) years of age at the time of the pregnancy termination procedure.

(i) If a pregnancy termination is performed on a minor who is less than fourteen (14) years of age at the time of the pregnancy termination procedure, fetal tissue extracted during the abortion procedure shall be collected in a sterile container. The specimen shall be retained and submitted in its entirety.

2. Biological samples are to be collected when a minor who is under the age of sixteen (16) gives birth to an infant and it would be reasonable to suspect that the minor's pregnancy resulted from a sex crime against a minor.

(i) When a minor who is under the age of sixteen (16) gives birth to an infant umbilical cord blood shall be collected on an FTA Elute MicroCard or equivalent, dried and stored per directions included in the kit.

3. The instructions within the kit shall direct the storage of said kit to take place in the same storage unit as other rape kits within the healthcare facility. In normal practice, the protocol shall typically require the physician only to apply the sample to the Mircocard or equivalent and then turn it over to a nurse or other individual responsible for custodial care of such instruments to be deposited in the aforementioned storage unit. The same process shall be followed relative to fetal tissue as well. Steps shall be taken and protocols implemented by the healthcare facilities to limit the number of individuals that handle the sample in the course of depositing said sample in the storage unit. Tissue and blood shall not be stored in formalin.

4. Tissue or wet blood shall be stored in a sterile container at 4 degrees Celsius if the specimen is to be sent to the testing laboratory within two (2) days of collection. Tissue or wet blood shall be stored in a sterile container at a minimum of -10 degrees Celsius if the specimen is to be sent to the testing laboratory two (2) days or more after collection. FTA cards will be stored according to directions included in the kit.

5. Documentation of specimen chain of custody shall be carried out in accordance with accepted medico-legal guidelines. Specimens will be treated as evidence with appropriate tamper resistant seals, dates, and initials of collector.

6. Specimens shall be properly disposed of as biohazardous waste in accordance with guidelines as established by the Mississippi Department of Health and Mississippi Department of Environmental Quality.

7. A uniform reporting instrument will be utilized by applicable personnel as defined in Miss. Code Ann. § 97-5-51.

8. The appropriate law enforcement agency shall be immediately notified when if it is reasonable to suspect a sex crime against a minor has occurred and collected specimens are available for testing. It shall be reasonable to suspect that a sex crime has occurred against a minor if the mother was less than sixteen (16) years of age at the time of conception and at least one (1) of the following conditions also applies:

a. The mother of the infant will not identify the father of the infant;

b. The mother of the infant lists the father of the infant as "Unknown";

c. The person the mother of the infant identifies as the father of the infant disputes his fatherhood;

d. The person the mother of the infant identifies as the father of the infant is twenty-one (21) years of age or older;

e. The person the mother of the infant identifies as the father of the infant is Deceased.

31 Miss. Code. R. 504-1.1

Miss. Code Ann. §§ 45-1-3, 97-5-51