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COMMITTEE REPORT
April 24, 2002
H. 4713
S. Printed 4/24/02--H.
Read the first time February 12, 2002.
To whom was referred a Bill (H. 4713) to amend Section 17-5-560, Code of Laws of South Carolina, 1976, relating to the coroner or medical examiner, or their deputies, certifying the cause of death, etc., respectfully
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, Section 17-5-560(B), page 1, line 39 after /and sign/ by inserting/ with written or electronic signatures, or both,/. so when amended Section 17-5-560(B) reads:
/(B) The coroner or medical examiner must shall, 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 with written or electronic signatures, or both, the medical certification of the cause of death on the prescribed form.
Amend the bill, further, Section 17-5-560(C), page 2, line 4, by deleting /cause of death certificate/ and inserting /certificate cause of death/; on line 4 after /completed/ by inserting /with written or electronic signatures/; and beginning on line 9 by deleting /, over his signature, forward/ and inserting /, over his signature, forward certify/. So when amended, Section 17-5-560(C) reads:
/(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 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 cause of death cannot be signed completed with written or electronic signatures 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 certify accordingly. 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 certify the cause of death to the registrar and notify the funeral director involved that such this action has been taken./
Amend the bill, further, by deleting Section 44-63-40 and inserting:
/"Section 44-63-40. The State Registrar shall 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 transmit these reports to the State Registrar as required by agency policy. 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 carry out the duties formerly carried out by local registrars without additional compensation. The county registrar shall 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 require the coroner of the county to issue Burial-Removal-Transit Permits for deaths occurring outside hospitals, nursing homes, or other institutions."/
Renumber sections to conform.
Amend totals and title to conform.
JOE E. BROWN for Committee.
EXPLANATION OF IMPACT:
The provisions of this bill relate to procedural changes and there is no cost associated with enactment of this bill.
SPECIAL NOTES:
The short title to the bill indicates the intent is to amend current law so as to require vital records be transmitted to the State Registrar rather than to the County Registrar. However, with regard to this issue, the bill only states these records shall be transmitted "at intervals prescribed by the State Registrar."
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORONER OR MEDICAL EXAMINER, OR THEIR DEPUTIES, CERTIFYING THE CAUSE OF DEATH ON DEATH CERTIFICATES, SO AS TO REQUIRE THEM TO COMPLETE THE CERTIFICATE RATHER THAN TO COMPLETE AND SIGN THE CERTIFICATE; AND TO AMEND SECTION 44-63-40, RELATING TO STATE AND COUNTY REGISTRARS AND CERTAIN DUTIES ASCRIBED TO THEM CONCERNING VITAL RECORDS, SO AS TO REQUIRE REPORTS OF BIRTH, DEATH, AND FETAL DEATH TO BE TRANSMITTED TO THE STATE REGISTRAR RATHER THAN FILED WITH THE COUNTY REGISTRAR.
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 2001, 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 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 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 cause of death certificate 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 certify accordingly. 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. Section 44-63-40 of the 1976 Code is amended to read:
"Section 44-63-40. The State Registrar shall 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 transmit these reports 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 carry out the duties formerly carried out by local registrars without additional compensation. The county registrar shall 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 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.
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