§ 61-19.100 - DEFINITIONS

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

For the purpose of this regulation, the following definitions shall apply:

A. Amendment. A change to a certification item.
(1) Administrative Amendment. A change to correct a mistake on a certification item on a vital record using documentary evidence and an affidavit of correction.
(2) Sealed Amendment. A change to a birth record after an adoption, statutory maternity or paternity process, or other amendment required by law to be placed in a sealed file. A replacement record is created and the original record is sealed.
(3) Amendment by Court Order. A change to a record based on a court order.
B. Certification. The document issued by the State Registrar and containing all or a part of the exact information contained on the original vital record, and which, when issued by the State Registrar, has the full force and effect of the original vital record.
C. Certification Item. Any item of information that appears on a certification.
D. Certifier. A person required to attest to the accuracy of the information submitted on a vital event report.
E. Correction. A change to rectify a mistake on a birth or death record or a report of fetal death record.
F. Court of Competent Jurisdiction. A court within the United States with jurisdiction over the subject matter and over the necessary parties.
G. Date of Registration. The month, day, and year a vital event is incorporated into the official records of the Bureau of Vital Statistics.
H. 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.
I. Disclosure. Making available or making known personally identifiable information contained in a vital record or vital report, by any means of communication.
J. 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.
K. 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.
L. Fetal Death. Death prior to the complete expulsion or extraction from its mother 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.
M. Final Disposition. The burial, interment, cremation, removal from the State, or other authorized disposition of a dead body or fetus.
N. Government Agency. A unit of local, state, federal, or tribal government.
O. 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.
P. 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.
Q. Individual. A natural person.
R. 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.
S. Informant. The person who provides demographic and personal information as required for the report of death.
T. Institution. Any establishment, public or private, which provides:
(1) in-patient or out-patient medical, surgical, or diagnostic care or treatment, or
(2) nursing, custodial, or domiciliary care, or
(3) to which persons are committed by law.
U. Interment. The disposition of human remains by entombment or burial.
V. Legal Representative. A licensed attorney representing the registrant or other entitled applicant.
W. Live Birth. The complete expulsion or extraction from its mother 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.
X. 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.
Y. 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.
Z. Physician. A person authorized or licensed to practice medicine or osteopathy pursuant to the laws of this State.
AA. Record. A report of a vital event that has been registered by the State Registrar.
BB. Registration. The process by which reports are accepted and incorporated into the official records of the Bureau of Vital Statistics.
CC. 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.
DD. 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.
EE. State. A State of the United States, the District of Columbia, New York City, American Samoa, the Commonwealth of the Mariana Islands, the Commonwealth of Puerto Rico, Guam and the U.S. Virgin Islands.
FF. State Registrar. The State Registrar of Vital Statistics.
GG. Department. The South Carolina Department of Health and Environmental Control (DHEC).
HH. 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.
II. Verification. A confirmation of the information contained in a vital record.
JJ. Vital Event. A live birth, death, fetal death, marriage, divorce, annulment or induced termination of pregnancy.
KK. 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.
LL. 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.
MM. 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.

Notes

Replaced and amended by State Register Volume 40, Issue No. 06, eff. 6/24/2016.

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