South Carolina General Assembly
114th Session, 2001-2002

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Bill 1023


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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


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COMMITTEE REPORT

April 24, 2002

    S. 1023

Introduced by Senators Bauer, Giese, Mescher, Ravenel, Hayes, Ryberg, O'Dell, Gregory, Grooms, Kuhn, Martin and Branton

S. Printed 4/24/02--S.

Read the first time February 14, 2002.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (S. 1023) to amend Section 17-5-560, Code of Laws of South Carolina, 1976, relating to the certification of the cause of death on a death certificate by a coroner, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

    /    SECTION    1.    Section 17-5-560 of the 1976 Code, as added by Act 73 of 2001, is amended to read:

    "Section 17-5-560.    (A)    The coroner, deputy coroner, medical examiner, or deputy medical examiner must, in any case investigated, complete and sign the medical certification portion of the death certificate within twenty-four hours after being notified of the death.

    (B)    The coroner or medical examiner must, at the time of releasing a body to a funeral director or person acting as such a funeral director, or as soon as practical thereafter after releasing the body, execute and sign the medical certification of the cause of death on the prescribed form.

    (C)    In any case where autopsy is scheduled and the coroner or medical examiner wishes to await its gross findings to confirm a tentative clinical finding, the coroner or medical examiner must give the funeral director notice as to when he expects to have the medical data necessary for the certification of cause of death. If the certificate cannot be signed within the prescribed time set forth, the coroner or medical examiner must indicate that the cause of death is pending and sign the certification accordingly. Immediately after the medical data necessary for determining the cause of death has been made known, the coroner or medical examiner must, over his signature, forward the cause of death to the registrar and notify the funeral director involved that such this action has been taken.

    (D)    As used in this section, the terms 'sign,' 'signed,' or 'signature' mean a written signature or an electronic signature authorized in the Electronic Commerce Act, Chapter 5, Title 26."

    SECTION    2.    Section 44-63-40 of the 1976 Code is amended to read:

    "Section 44-63-40.    The State Registrar shall must appoint the chief administrative officer of each county health department as the county registrar. All persons in the county required by law to file reports of birth, death, and fetal death shall forward these reports to the county registrar must transmit these reports to the State Registrar at intervals prescribed by the State Registrar. The county registrar may appoint a deputy registrar who is vested with the right to carry on the duties of the office. The county registrar and deputy registrar shall must carry out the duties formerly carried out by local registrars without additional compensation. The county registrar shall must appoint a subregistrar for each hospital, nursing home, and other institution as required within the county whose duty it is to issue Burial-Removal-Transit Permits for deaths occurring at the hospitals, nursing homes, and other institutions. The county registrar shall must require the coroner of the county to issue Burial-Removal-Transit Permits for deaths occurring outside hospitals, nursing homes, or other institutions."

    SECTION    3.    This act takes effect upon approval by the Governor.    /

    Renumber sections to conform.

    Amend title to conform.

THOMAS L. MOORE for Committee.

            

A BILL

TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF THE CAUSE OF DEATH ON A DEATH CERTIFICATE BY A CORONER, DEPUTY CORONER, MEDICAL EXAMINER, OR DEPUTY MEDICAL EXAMINER, SO AS TO PROVIDE THAT THESE PERSONS ARE NOT REQUIRED TO SIGN, BUT SHALL COMPLETE AND EXECUTE THE MEDICAL CERTIFICATION PORTION OF A DEATH CERTIFICATE, AND IF THE CERTIFICATION OF CAUSE OF DEATH CANNOT BE COMPLETED WITHIN A CERTAIN PERIOD OF TIME WHEN AN AUTOPSY IS SCHEDULED, THEN THE COUNTY MEDICAL EXAMINER SHALL INDICATE THAT THE CAUSE OF DEATH IS PENDING AND CERTIFY THE CERTIFICATION OF CAUSE OF DEATH.

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

SECTION    1.    Section 17-5-560 of the 1976 Code, as added by Act 73 of 2000, is amended to read:

    "Section 17-5-560.    (A)    The coroner, deputy coroner, medical examiner, or deputy medical examiner must shall, in any case investigated, complete and sign the medical certification portion of the death certificate within twenty-four hours after being notified of the death.

    (B)    The coroner or medical examiner must shall, at the time of releasing a body to a funeral director or person acting as such one, or as soon as practical thereafter, execute and sign the medical certification of the cause of death on the prescribed form.

    (C)    In any a case where autopsy is scheduled and the coroner or medical examiner wishes to await its gross findings to confirm a tentative clinical finding, the coroner or medical examiner must shall give the funeral director notice as to when he expects to have the medical data necessary for the certification of cause of death. If the certificate certification of cause of death cannot be signed completed within the prescribed time set forth, the coroner or medical examiner must shall indicate that the cause of death is pending and sign the certification accordingly certify the certification of cause of death. Immediately after the medical data necessary for determining the cause of death has been made known, the coroner or medical examiner must shall, over his signature, forward the cause of death to the registrar and notify the funeral director involved that such this action has been taken."

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

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