Current through Register Vol. 48, No. 9, September 27, 2024
A. A report of
death for each death which occurs in this state shall be submitted to the
Bureau of Vital Statistics, or as otherwise directed by the State Registrar,
within five (5) calendar days after death or the finding of a dead body and
shall be registered if it has been completed and submitted in accordance with
this section.
(1) If the place of death is
unknown but the dead body is found in this state, the report of death shall be
completed and submitted in accordance with this section. The place where the
body is found shall be noted as the place of death.
(2) When death occurs in a moving conveyance
within the United States and the body is first removed from the conveyance in
this State, the death shall be registered in this state and the place where it
is first removed shall be deemed the place of death. When a death occurs on a
moving conveyance while in international waters or air space or in a foreign
country or its air space and the body is first removed from the conveyance in
this State, the death shall be registered in this State, but the report shall
show the actual place of death insofar as can be determined.
(3) If the date of death is unknown, the
medical certifier shall determine the date by approximation. If the date cannot
be determined by approximation, the date found shall be entered and identified
as date found.
B. The
funeral director or person acting as such who first assumes custody of the dead
body shall submit the report of death to the Bureau of Vital Statistics. In
cases where there is no funeral director or person acting as such, the coroner
shall submit the report of death. In no event shall a transport company file a
death record.
(1) The funeral director or
person acting as such shall obtain the personal data from the next of kin or
the best qualified person or source available and shall obtain the medical
certification from the person responsible, therefore.
(2) The funeral director or person acting as
such shall provide the report of death containing sufficient information to
identify the decedent to the medical certifier within forty-eight (48) hours
after death unless the medical certification has already been
submitted.
(3) In cases where the
family chooses not to engage the services of a licensed funeral director, they
may dispose of the body by way of a natural burial as defined in Section
100 of this regulation. In such cases,
the person listed on the Burial-Removal-Transit Permit (BRTP) as first assuming
custody or handling the final disposition of the body shall also be responsible
for submitting the report of death to the Bureau of Vital Statistics. If no
report is filed within thirty (30) calendar days after the date of death and
the Bureau has been unsuccessful in contacting the person listed as responsible
for the disposition of the body via the means of contact listed on the BRTP
form, they shall file the certificate with the available information.
(4) Medical certifiers or their staff should
review cases of deceased individuals designated to them at least once each
business day. The medical certification shall be completed within forty-eight
(48) hours, excluding weekends and federal or state holidays, after receipt of
notice of the death by the decedent's primary or attending physician, except
when inquiry is required by S.C. Code Section
44-43-720. In the absence or
inability of said medical certifier, or with his or her approval, the report
may be completed by his or her associate physician, physician's assistant, or
APRN, the chief medical officer of the institution in which death occurred, or
the physician who performed an autopsy upon the decedent, provided such
individual has access to the medical history of the case, and death is due to
natural causes. The person completing the cause of death shall attest to its
accuracy either by signature or by an approved electronic process.
(5) When inquiry is required by S.C. Code
Section 44-43-720, the coroner or medical
examiner in the jurisdiction where death or injury occurred or where the body
was found shall determine the cause and manner of death and shall complete and
sign the medical certification within forty-eight (48) hours after taking
charge of the case. If the cause and/or manner of death cannot be determined
within forty-eight (48) hours, the cause and/or manner of death shall be
entered as pending and a supplemental medical amendment shall be submitted when
the cause and/or manner of death is determined.
(6) Administrative penalties as defined in
S.C. Code Section
44-63-74 shall be assessed
whenever a death certificate is filed more than five (5) calendar days after
the date of death. The Department shall review each record filed late to
determine whether the funeral home or director, medical certifier (excluding
coroners and medical examiners), or both are at fault for the delay of
registration.
(a) When fault for the delay of
registration is determined by the Department, the party or parties determined
to be at fault shall be emailed a notice of violation by the Department and
informed of the total amount of the administrative penalty. The funeral home,
funeral director, or medical certifier may submit a statement or evidence
showing good cause for the delay up to fifteen (15) calendar days after the
notice is sent from the Department. If no statement or evidence of good cause
is submitted within fifteen (15) calendar days, the party determined at fault
will be sent an official notice of the fine assessed via certified
mail.
(b) If a statement or
evidence is submitted claiming good cause for the delay, the Department shall
make a determination within fifteen (15) calendar days whether the good cause
is justified. Good cause shall include, but not be limited to, the following:
(1) a natural disaster,
(2) an emergency declaration from the
Governor,
(3) a verified system
malfunction or error reported within the specified timeframe,
(4) when significant but unsuccessful efforts
were made to file the record on time, or
(5) when the funeral director is unable to
obtain information pursuant to S.C. Code Section
44-63-74(A)(2)(a).
In cases where there were significant but unsuccessful efforts to file the
record on time, the person responsible for registration shall notify the
Department via email within the specified timeframe with the cause of the
delay. In cases where the decedent's information cannot be obtained pursuant to
S.C. Code Section
44-63-74(A)(2)(a),
a statement from the informant listed on the death certificate must be
submitted stating the reason for the inability to collect the information for
good cause to be considered. The Department shall notify the party whether or
not good cause is determined within fifteen (15) calendar days after final
review of the evidence. If the Department determines good cause is present,
fines will be reduced or removed.
(c) If the Department determines that the
evidence submitted does not establish good cause for the delay, the party or
parties determined at fault will receive a final notice of violation via email
and certified mail that the evidence for good cause has been denied and the
fines will be due. Administrative penalties assessed should be paid within
thirty (30) calendar days of the final notice being sent. If the fines are paid
within the thirty (30) calendar days of the final notice, the party at fault
will be eligible for a fifty percent (50%) reduction of fines. If the fees are
not paid within thirty (30) calendar days of the final notice, the entire
amount due must be paid.
C. When a court of competent jurisdiction
determines a death has occurred within this state but the body cannot be
located, a death certificate may be prepared by the Department upon receipt of
an order of the court, which shall include the finding of facts required to
complete the death record, including, but not limited to, the county of death.
Such a death record shall be marked "presumptive" and shall show on its face
the date of filing and shall identify the court and the date of the
decree.
D. When a death occurring
in this state has not been registered as prescribed by this section, a report
of death may be submitted to the Department using the current format of the
report of death provided the medical certifier at the time of death and the
funeral director or person acting as such are available to complete the report
of death. If the medical certifier at the time of death and the funeral
director or person acting as such are unavailable or decline then the death
shall not be registered except upon receipt of an order from a court with
competent jurisdiction. If the report of death is submitted more than one (1)
year after the date of death, the record shall be marked as "delayed" and any
certified copy shall be marked as such. If the date of death cannot be
determined, the record shall be filed with the date the body was found as the
date of death.
E. In obtaining the
information required for the report, funeral directors or persons acting as
such shall use information gathering procedures, including worksheets, provided
or approved by the Department. Medical Certifiers may establish procedures to
transfer, electronically or otherwise, information required for the medical
certification from other systems. Such procedures shall be reviewed and
approved by the State Registrar prior to implementation to ensure that the
information being transferred is the same as that being requested for the
report.
F. In cases where the
coroner or medical examiner is providing the non-medical information for report
of death, any supplemental non-medical information shall be submitted by the
coroner or medical examiner on the approved worksheet form with the Department
within five (5) calendar days after such information is obtained. The
supplemental information shall be incorporated into the existing death record
in accordance with S.C. Code Section
44-63-74.
