Who May Give Permission for Another?

Federal regulations governing research involving human participants define a legally authorized representative as an individual or judicial or other body authorized under applicable law to consent on behalf of a prospective participant to the participation in the procedure(s) involved in the research. 45CFR46.102(c) and 21CFR50.3(l)

Miss. Code Ann. §41-41-211

In accordance with Mississippi law regarding consent for treatment, when the primary physician determines that a patient lacks capacity to give consent the order of authority to provide consent on behalf of another adult or emancipated minor is as follows:

• Heath care agent
• Court-appointed guardian
• Spouse, unless legally separated
• Adult child
• Parent
• Adult brother or sister
  Note: If a spouse, adult child, parent or adult brother or sister is not reasonably available, an adult who has exhibited special care and concern for the patient, who is familiar with the patient’s personal values, and who is reasonably available may act as an LAR to give permission on behalf of another.

Miss. Code Ann. §41-41-203

Emancipated minor means an individual under the age of 18 who:

• Is or has been married
• Has been adjudicated generally emancipated by a court of competent jurisdiction
• Has been adjudicated emancipated for the purpose of making health care decisions by a court of competent jurisdiction
• Any female, regardless of age, may give consent for herself in connection with pregnancy or childbirth

Miss. Code Ann. §41-41-3

The order of authority to provide consent to treatment of an unemancipated minor is as follows:

• The minor’s judicially appointed guardian or custodian
• The minor’s parent
• An adult brother or sister of the minor
• The minor’s grandparent

Miss. Code Ann. §41-41-17

Mississippi law permits a parent or legal guardian to give permission for an unemancipated minor to participate in research. The child’s guardian is defined as a judicially appointed guardian or conservator having authority to make a health care decision for an individual.

Miss. Code Ann. §41-41-203

Note that federal regulations governing research involving vulnerable populations contain more specific requirements. For research involving pregnant women and/or fetuses, see 45CFR46.205.