(A) If a person dies:
(1) as a result of violence;
(2) as a result of apparent suicide;
(3) when in apparent good health;
(4) when unattended by a physician;
(5) in any suspicious or unusual manner;
(6) while an inmate of a penal or correctional institution;
(7) as a result of stillbirth when unattended by a physician; or
(8) in a health care facility, as defined in Section 44-7-130(10) other than nursing homes, within twenty-four hours of entering a health care facility or within twenty-four hours after having undergone an invasive surgical procedure at the health care facility;
a person having knowledge of the death immediately shall notify the county coroner's or medical examiner's office. This procedure also must be followed upon discovery of anatomical material suspected of being or determined to be a part of a human body.
(B) The coroner or medical examiner shall make an immediate inquiry into the cause and manner of death and shall reduce the findings to writing on forms provided for this purpose. If the inquiry is made by a medical examiner, the medical examiner shall retain one copy of the form and forward one copy to the coroner. In the case of violent death, one copy must be forwarded to the county solicitor of the county in which the death occurred.
(C) The coroner or medical examiner shall notify in writing the deceased person's next-of-kin, if known, that in the course of performing the autopsy, body parts may have been retained for the purpose of investigating the cause and manner of death.
(D) In performing an autopsy or post-mortem examination, no body parts, as defined in Section 44-43-305, removed from the body may be used for any purpose other than to determine the cause or manner of death unless the person authorized to consent, as defined in Section 44-43-315, has given informed consent to the procedure. The person giving the informed consent must be given the opportunity to give informed consent and authorize the procedure on a witnessed, written consent form using language understandable to the average lay person after face-to-face communication with a physician, coroner, or medical examiner about the procedure. If the person authorizing the procedure is unable to consent in person, consent may be given through a recorded telephonic communication.
(E) If the coroner or medical examiner orders an autopsy upon review of a death pursuant to item (8) of subsection (A), the autopsy must not be performed:
(1) at the health care facility where the death occurred;
(2) by a physician who treated the patient; or
(3) by a physician who is employed by the health care facility in which the death occurred;
unless the coroner or medical examiner certifies that no reasonable alternative exists.
HISTORY: 2001 Act No. 73, Section 1; 2010 Act No. 226, Section 3, eff July 1, 2010; 2012 Act No. 128, Section 1, eff March 13, 2012.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 5 - Coroners And Medical Examiners
Section 17-5-10. Election of coroner.
Section 17-5-30. Official oaths; commission.
Section 17-5-60. Office; book of inquisitions.
Section 17-5-70. Coroner's deputies, appointment and duties.
Section 17-5-90. Coroner may not act under appointment of sheriff.
Section 17-5-100. Coroners must carry out orders of county governing body; fees and costs.
Section 17-5-110. Coroner or deputy coroner may carry pistol or other handgun.
Section 17-5-115. Deputy coroners; training and law enforcement status.
Section 17-5-120. Availability of medical records to coroner of another state.
Section 17-5-140. Funding for full-time county coroners; disbursement of remaining funds.
Section 17-5-220. Establishment and functions of medical examiner commissions in certain counties.
Section 17-5-240. Employment and duties of deputy medical examiners.
Section 17-5-330. Salaries and fees; annual budget.
Section 17-5-510. Duties of coroner and medical examiner.
Section 17-5-520. Authority to order autopsy; request in event of child's death.
Section 17-5-541. Local Child Fatality Review Teams; composition; notifications.
Section 17-5-542. Local Child Fatality Review Teams; purpose; reports.
Section 17-5-543. Meetings of Child Fatality Review Team; confidentiality; penalties.
Section 17-5-555. Reporting certain deaths of vulnerable adults.
Section 17-5-560. Certification of cause of death on death certificate.
Section 17-5-580. Authorization for removal of dead body; penalties; coroner's jury.
Section 17-5-590. Disposition of remains of unidentified dead bodies.