A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 17-5-545 SO AS TO REQUIRE CORONERS AND MEDICAL EXAMINERS TO REPORT CERTAIN SUDDEN, UNEXPECTED DEATHS OF INFANTS AND YOUNG INDIVIDUALS TO A NATIONAL REGISTRY COORDINATED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION AND THE NATIONAL INSTITUTES OF HEALTH; TO ESTABLISH PENALTIES FOR FAILURE TO REPORT; AND FOR OTHER PURPOSES.

 

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

 

SECTION 1.  Article 7, Chapter 5, Title 17 of the S.C. Code is amended by adding:

 

    Section 17-5-545.  (A) In the case of an infant or child who dies suddenly and unexpectedly, including cases of SIDS, SUID, or SDY, the autopsy must include microscopic and toxicology studies and a review of the child's immunization and medical records, as available from the Department of Public Health pursuant to Section 44-29-180, from the child's pediatrician or primary care practitioner, or from other sources. The coroner or medical examiner shall document in the autopsy report any immunizations or emergency countermeasures administered to the child within ninety days before the child's death and report the case to the SUID and SDY Case Registry in accordance with protocols established by the Department of Public Health and the Centers for Disease Control and Prevention.

    (B) In the case of a sudden death suspected to be caused by SADS in an individual of any age, the autopsy must include microscopic and toxicology studies and a review of the individual's immunization and medical records, as available through state public health databases or other sources. The coroner or medical examiner shall document in the autopsy report any immunizations or emergency countermeasures administered to the individual within ninety days before the individual's death and report the case to the SUID and SDY Case Registry if the individual was younger than twenty years of age at the time of death, in accordance with protocols established by the Department of Public Health and the Centers for Disease Control and Prevention.

    (C) The Department of Public Health shall impose the following administrative penalties against a coroner or medical examiner who fails to report a case of SIDS, SUID, SDY, or SADS, for individuals younger than twenty years of age, to the SUID and SDY Case Registry within thirty days after completing the autopsy report:

       (1) for the first unreported case, a fine of up to one thousand dollars;

       (2) for the second unreported case, a fine of up to five thousand dollars; and

       (3) for repeated noncompliance by a medical examiner, referral to the applicable medical examiner commission for disciplinary action, which may include suspension or removal.

    (D) Compliance with the reporting and documentation requirements of this section is deemed a permissible disclosure under state and federal medical privacy laws, including the Health Insurance Portability and Accountability Act of 1996.

    (E) As used in this section:

       (1) "Sudden Arrhythmic Death Syndrome" or "SADS" means the sudden and unexpected death due to cardiac arrhythmia, as determined by performance of an autopsy or a clinical investigation, of a young, apparently healthy individual with no previously diagnosed structural heart disease.

       (2) "Sudden Death in the Young" or "SDY" means the sudden and unexpected death of an individual younger than twenty years of age due to natural causes including, but not limited to, sudden cardiac death or sudden unexpected death in epilepsy, which death remains unexplained after initial investigation.

       (3) "Sudden Infant Death Syndrome" or "SIDS" means the sudden death of an infant younger than one year of age which remains unexplained after a thorough case investigation, including performance of an autopsy, scene investigations, and a review of clinical history.

       (4) "Sudden Unexpected Infant Death" or "SUID" means the sudden and unexpected death of an infant younger than one year of age, whether explained or unexplained including, but not limited to, death caused by SIDS, accidental suffocation, and other potential causes.

       (5) "Sudden Unexpected Infant Death and Sudden Death in the Young Case Registry" or "SUID and SDY Case Registry" means the national surveillance system coordinated by the Centers for Disease Control and Prevention and the National Institutes of Health which collects standardized data on sudden and unexpected deaths in individuals younger than twenty years of age.

 

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

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