S 0898 General Bill, By Leatherman
 A Bill to amend Sections 17-5-140 and 17-5-265, Code of Laws of South
 Carolina, 1976, relating to the coroner and medical examiner, respectively, to
 notify the Department of Child Fatalities of certain deaths, so as to provide
 immunity from a civil action for acts or commissions made in compliance with
 the law; to amend Section 20-7-5910, relating to the Child Fatality Advisory
 Committee, so as to add a pediatrician with expertise in sudden infant death
 syndrome; and to amend Section 20-7-5915, as amended, relating to purpose and
 duties of the Department of Child Fatalities, so as to direct the Department
 to require an autopsy in certain cases of sudden death of an infant and to
 develop a protocol for these autopsies.

   05/31/95  Senate Introduced and read first time SJ-127
   05/31/95  Senate Referred to Committee on Judiciary SJ-127

A BILL

TO AMEND SECTIONS 17-5-140 AND 17-5-265, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORONER AND MEDICAL EXAMINER, RESPECTIVELY, TO NOTIFY THE DEPARTMENT OF CHILD FATALITIES OF CERTAIN DEATHS, SO AS TO PROVIDE IMMUNITY FROM A CIVIL ACTION FOR ACTS OR COMMISSIONS MADE IN COMPLIANCE WITH THE LAW; TO AMEND SECTION 20-7-5910, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A PEDIATRICIAN WITH EXPERTISE IN SUDDEN INFANT DEATH SYNDROME; AND TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO PURPOSE AND DUTIES OF THE DEPARTMENT OF CHILD FATALITIES, SO AS TO DIRECT THE DEPARTMENT TO REQUIRE AN AUTOPSY IN CERTAIN CASES OF SUDDEN DEATH OF AN INFANT AND TO DEVELOP A PROTOCOL FOR THESE AUTOPSIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 17-5-140 of the 1976 Code, as added by Acts 158 and 164 of 1993, is amended to read:

"Section 17-5-140. The county coroner within twenty-four hours or one working day, whichever occurs first, shall notify the department Department of Child Fatalities when a child dies in any county of the State:

(1) as a result of violence, when unattended by a physician, and in any suspicious or unusual manner; or

(2) when the death is unexpected and unexplained including, but not limited to, possible sudden infant death syndrome.

For the purposes of this section, a child is not considered to be `unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury.

The coroner shall request autopsies as directed by the Department of Child Fatalities pursuant to Section 20-7-5915(1). A coroner is not liable for damages in a civil action for an act committed or omission made in compliance with this section."

SECTION 2. Section 17-5-265 of the 1976 Code, as added by Acts 158 and 164 of 1993, is amended to read:

"Section 17-5-265. The county medical examiner within twenty-four hours or one working day, whichever occurs first, shall notify the department Department of Child Fatalities when a child dies in any county of the State:

(1) as a result of violence, when unattended by a physician, and in any suspicious or unusual manner; or

(2) when the death is unexpected and unexplained including, but not limited to, possible sudden infant death syndrome.

For the purposes of this section, a child is not considered to be `unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury.

The medical examiner shall request autopsies as directed by the Department of Child Fatalities pursuant to Section 20-7-5915(1). A medical examiner is not liable for damages in a civil action for an act committed or an omission made in compliance with this section."

SECTION 3. Section 20-7-5910(A)(12) of the 1976 Code, as added by Acts 158 and 164 of 1993, is amended to read:

"(12) a one pediatrician with experience in diagnosing and treating child abuse and neglect and one pediatrician with expertise in sudden infant death syndrome, appointed from recommendations submitted by the State Chapter of the American Academy of Pediatrics;"

SECTION 4. Section 20-7-5915(B)(1) and (6) of the 1976 Code, as last amended by Act 502 of 1994, is further amended to read:

"(1) upon receipt of a report of a child death from the county coroner or medical examiner, as required by Sections 17-5-140 and 17-5-265, investigate and gather all information on the child fatality. The coroner or medical examiner immediately shall request an autopsy if SLED determines that an autopsy is necessary. The department shall require an autopsy in all cases of sudden death of an infant which is unexpected by the history of the infant and where a thorough examination of the dead body and surroundings fails to determine an adequate cause of death. The autopsy must be performed in accordance with the standardized protocol developed pursuant to item (6). The autopsy must be performed by a pathologist with forensic training as soon as possible. The forensic pathologist shall inform the department of the findings within forty-eight hours of completion of the autopsy. If the autopsy reveals the cause of death to be pathological or an unavoidable accident, the case must be closed by the department. If the autopsy reveals physical or sexual trauma, suspicious markings, or other findings that are questionable or yields no conclusion to the cause of death, the department immediately shall begin an investigation;

(6) develop a protocol for child fatality reviews including a standardized protocol for autopsies requested pursuant to item (1);"

SECTION 5. This act takes effect upon approval by the Governor.