S.C. Code Regs. 61-19.700.701 - General

Current through Register Vol. 46, No. 3, March 25, 2022

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 calendar days after death or the finding of a dead body and prior to final disposition, 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 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.
(1) He or she 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 48 hours after death unless the medical certification has already been submitted.
C. When a death is presumed to have occurred within this State but the body cannot be located, a death certificate may be prepared by the State Registrar upon receipt of an order of a court of competent jurisdiction, which shall include the finding of facts required to complete the death record. 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 State Registrar using the current format of the report of death provided the physician at the time of death or the medical examiner or coroner and the funeral director or person acting as such are available to complete the report of death. If the physician at the time of death, county coroner or medical examiner 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 over the Department. If the report of death is submitted more than one year after the date of death, the record shall be marked as "delayed" and any certified copy shall be marked as such.
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 State Registrar. Physicians, coroners or institutions 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.

Notes

S.C. Code Regs. 61-19.700.701
Replaced and amended by State Register Volume 40, Issue No. 06, eff. 6/24/2016.

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