South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-19 - Vital Statistics
Sec2 61-19.100 - DEFINITIONS
Current through Register Vol. 48, No. 9, September 27, 2024
For the purpose of this regulation, the following definitions shall apply:
A. Amendment. A change to a certification item.
B. Birth Mother. The woman who gives live birth to a child.
C. Book Copy. A certified image of the original birth certificate.
D. Certification. The document issued by the Department and containing all or a part of the exact information contained on the original vital record, and which, when issued by the Department, has the full force and effect of the original vital record.
E. Certification Item. Any item of information that appears on a certification.
F. Certifier. A person required to attest to the accuracy of the information submitted on a vital event report.
G. Correction. A change to rectify a mistake on a birth or death record or a report of fetal death based on the original information used to register the record or report.
H. Court of Competent Jurisdiction. A court within the United States with jurisdiction over the subject matter and over the necessary parties.
I. Date of Registration. The month, day, and year a vital event is incorporated into the official records of the Bureau of Vital Statistics.
J. Dead Body. A human body or such parts of a human body from the condition of which it reasonably may be concluded that death has occurred.
K. Department. The South Carolina Department of Health and Environmental Control (DHEC).
L. Disclosure. Making available or making known personally identifiable information contained in a vital record or vital report, by any means of communication.
M. Electronic Signature. An electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to attest to the accuracy of the facts in the record.
N. Facts of Live Birth. The child's name, date of birth, place of birth and sex, and the name(s) of parent(s) appearing on the record of live birth.
O. Fetal Death. Death prior to the complete expulsion or extraction from its birth mother or gestational carrier of a product of human conception, irrespective of the duration of pregnancy and which is not an induced termination of pregnancy. 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. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps.
P. Final Disposition. The burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus.
Q. Gestational Carrier. A woman carrying and delivering a child through a formal written agreement for assisted reproduction and when she is not the intended parent of the child.
R. Government Agency. A unit of local, state, federal, or tribal government.
S. Health Research. A systematic study to gain information and understanding about health with the goal of finding ways to improve human health, conducted in accordance with generally accepted scientific standards or principles and designed to develop or contribute to generalizable scientific knowledge.
T. Human Remains. A dead body, or any part of the body of a human being from the condition of which it reasonably can be concluded that death occurred but does not include human ashes recovered after cremation.
U. Individual. A natural person.
V. Induced Termination of Pregnancy. The purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant, and which does not result in a live birth. This definition excludes management of prolonged retention of products of conception following fetal death.
W. Informant. The person who provides demographic and personal information as required for the report of death.
X. Institution. Any establishment, public or private, which provides:
Y. Interment. The disposition of human remains by entombment or burial.
Z. Legal Representative. A licensed attorney representing the registrant or other entitled applicant.
AA. Live Birth. The complete expulsion or extraction from its birth mother or gestational carrier of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes, or shows any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps.
BB. Medical Certifier. A licensed physician, physician assistant (PA), advanced registered nurse (APRN), coroner, medical examiner, or other officer authorized by S.C. law or regulation to certify the cause and manner of death on a death certificate who has treated the decedent through examination, medical advice, or medications within the twelve (12) months preceding the death for the illness or condition which resulted in death as defined in S.C. Code Section 44-63-74(3).
CC. Midwife. A person licensed by the State of South Carolina who provides midwifery services as defined in Regulation 61-24, Licensed Midwives.
DD. Natural Burial. The interment of the body of a dead person in the soil in a manner that does not inhibit decomposition but allows the body to be naturally recycled. The body is neither cremated nor prepared with chemicals such as embalming fluids. The body may be placed in a biodegradable coffin or shroud and interred without a concrete burial vault.
EE. Next of Kin/Immediate Family Member. The decedent's surviving spouse, adult children, parents, siblings, grandparents, or grandchildren.
FF. Original Birth Certificate for Adoptees. A copy of the sealed original birth certificate issued to adoptees according to S.C. Code Section 44-63-140. The non-certified copy is issued on plain white paper and may not be used for legal purposes.
GG. Person Serving as Funeral Director (Other Agent). An individual who chooses to handle final disposition and filing of the death record of a deceased family member or friend without compensation and without the services of a licensed funeral director. Transportation companies cannot serve as a funeral director or other agent unless specified by the State Registrar or Assistant State Registrar.
HH. Personally Identifiable Information. Information that can be used to distinguish or trace an individual's identity, such as, but not limited to, his or her name, Social Security number, biometric records or address, alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as, but not limited to, date and place of live birth or mother's name prior to first marriage.
II. Person in Charge of an Institution. The officer or employee who is responsible for administration and includes, but is not limited to, a person holding the title of chief executive officer, administrator, superintendent, director or executive director.
JJ. Physician. A person authorized or licensed to practice medicine or osteopathy pursuant to the laws of this state.
KK. Record. A report of a vital event that has been registered by the Department.
LL. Registration. The process by which reports are accepted and incorporated into the official records of the Bureau of Vital Statistics.
MM. Report. A document, paper or electronic, containing information related to a vital event submitted by a person or entity required to submit the information in accordance with this regulation to the Bureau of Vital Statistics for the purpose of registering a vital event.
NN. Sealed File. The original record of a vital event that has been sealed after amendment and the evidence submitted to support the change. Sealed files shall not be subject to inspection, except upon order of the Family Court.
OO. State Registrar. The officer tasked by state law with carrying into effect the regulations and orders of the Department related to Vital Statistics. All duties and responsibilities relating to Vital Statistics may be delegated at his discretion to the Assistant State Registrar.
PP. System of Vital Statistics. The collection, registration, preservation, amendment, certification, verification, and the maintenance of the security and integrity of vital records; the collection of other reports required by this regulation; and activities related thereto including the tabulation, analysis, publication, and dissemination of vital statistics.
QQ. User. Any individual with access to or responsibility for data entry into the Vital Statistics system.
RR. Verification. A confirmation of the information contained in a vital record.
SS. Vital Event. A live birth, death, fetal death, marriage, divorce, annulment, or induced termination of pregnancy.
TT. Vital Records. Reports of live birth, death, marriage, divorce, or annulment and data related thereto which have been accepted for registration and incorporated into the official records of the Bureau of Vital Statistics.
UU. Vital Reports. Reports of fetal death and induced terminations of pregnancy which have been accepted for registration and incorporated into the Department's vital statistics.
VV. Vital Statistics. The aggregated data derived from the records and reports of live birth, death, fetal death, induced termination of pregnancy, marriage, divorce, or annulment and supporting documentation and related reports.