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Bill 4203

                    Current Status

Bill Number:                      4203
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990601
Primary Sponsor:                  Lucas
All Sponsors:                     Lucas and Neilson
Drafted Document Number:          l:\council\bills\psd\7483ac99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Fetal death outside of hospital and 
                                  unattended by physician, mother to report to 
                                  State Registrar; Medical, Health


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990601  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-72 SO AS TO REQUIRE THE MOTHER TO REPORT A FETAL DEATH TO THE STATE REGISTRAR WHEN THE DEATH OCCURS OUTSIDE OF AN INSTITUTION AND UNATTENDED BY A PHYSICIAN AND TO PROHIBIT DISPOSAL OF THE FETUS UNTIL THE REPORT IS MADE AND ONLY THEN IN ACCORDANCE WITH PROCEDURES PROVIDED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 44-63-72. (A) When a fetal death occurs in this State outside of an institution and unattended by a physician, the mother shall report the fetal death to the State Registrar within seventy-two hours after the delivery. The fetus may not be disposed of until the fetal death report is made and only then in accordance with procedures available from and provided by the Department of Health and Environmental Control.

(B) A person who violates subsection (A) is guilty of a misdemeanor, and upon conviction, must be fined not more than five thousand dollars or imprisoned not more than two years, or both.

(C) The purposes of this section:

(1) 'Fetal death' means death prior to the complete expulsion or extraction from its mother of a product of human conception of twenty completed weeks' gestation or more or a weight of three hundred fifty grams or more; the death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

(2) 'Institution' means any establishment, public or private, which provides in-patient medical, surgical, or diagnostic care or treatment, or nursing, custodial, or domiciliary care, or to which persons are committed by law."

SECTION 2. This act takes effect upon approval by the Governor.

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