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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-63-50 AND 44-63-55 SO AS TO REQUIRE THAT A FETAL DEATH CERTIFICATE BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO REQUIRE A CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH TO BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO FURTHER PROVIDE SPECIFICS FOR COMPLETION AND FILING OF THESE CERTIFICATES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-63-50. (A) A fetal death certificate for each fetal death occurring in this State after a gestation period of twenty completed weeks or more must be filed with the county registrar within three days following delivery and prior to cremation or removal of the fetus from the county. If the place of occurrence of the fetal death is unknown, the fetal death is considered to have occurred in the place where the fetal remains were found. If the fetal death occurred in a moving conveyance, the fetal death is considered to have occurred in the place where the fetal remains were initially removed from the conveyance.
(B) The funeral director or person acting in that capacity, or the person in charge of an institution or that person's designated representative, who first assumes custody of a dead fetus for disposal purposes is responsible for executing and filing the fetal death certificate. The requirements for gathering the necessary information, preparing the fetal death certificate, obtaining the required signatures, and filing the certificate with the registrar are the same as for other death certificates.
(C) If no funeral director is employed, or if the delivery occurred outside an institution, the fetal death certificate must be prepared and filed by one of the following in the indicated order of priority:
(1) the physician in attendance at or after delivery;
(2) in the absence of a physician, any other person in medical attendance at or after delivery, or in the absence of that person, the mother, the father, or any other relative or family member who can supply the required information or the person in charge of the premises where delivery occurred;
(3) in the absence or inability of that person to act, any other person who witnessed the delivery and can supply the information.
(D) The medical certification must be completed and signed within seventy-two hours by the physician in attendance at or immediately after delivery, except as may be provided by regulation in special situations or where a county medical examiner's investigation is required.
(E) If delivery occurred under such circumstances as to require a county medical examiner's investigation, the medical examiner or a person performing the duties of county medical examiner shall complete and sign the medical certification in sufficient time to enable the certificate to be filed within the prescribed time period, except as may be provided by regulation for special situations.
Section 44-63-55. (A) In addition to the requirements of Section 44-63-50, the state registrar shall develop a form for certificate of birth resulting in stillbirth which must be completed for each fetal death occurring in this State after a gestational period of at least twenty completed weeks. This certificate must be offered to the parent or parents of a stillborn child.
(B) The certificate of birth resulting in stillbirth shall meet all the format and filing requirements relating to a live birth.
(C) The person who prepares a certificate pursuant to this section shall leave blank any references to the stillborn child's name if the stillborn child's parent or parents do not wish to provide a name for the stillborn child.
(D) Notwithstanding subsections (A) and (B), the certificate of birth resulting in stillbirth must be filed with the county registrar within three days following the delivery and prior to cremation or removal of the fetus from the county."
SECTION 2. This act takes effect upon approval by the Governor.
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