Current Status Bill Number:3182 Ratification Number:467 Act Number:419 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:L. Whipper All Sponsors:L. Whipper, Breeland, J. Brown, Davenport, Harvin, Inabinett, Kirsh, Lloyd and Vaughn Drafted Document Number:PFM\7054AC.95 Companion Bill Number:3334 Date Bill Passed both Bodies:19960529 Date of Last Amendment:19960402 Governor's Action:S Date of Governor's Action:19960604 Subject:Autopsy, body parts
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19960621 Act No. A419
------ 19960604 Signed by Governor
------ 19960530 Ratified R467
Senate 19960529 Read third time, enrolled for
ratification
Senate 19960528 Read second time
Senate 19960523 Polled out of Committee: Favorable 13 SMA
Senate 19960404 Introduced, read first time, 13 SMA
referred to Committee
House 19960403 Read third time, sent to Senate
House 19960402 Amended, read second time
House 19960327 Committee report: Favorable with 27 H3M
amendment
House 19950110 Introduced, read first time, 27 H3M
referred to Committee
View additional legislative information at the LPITS web site.
(A419, R467, H3182)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-720 SO AS TO REQUIRE INFORMED CONSENT FOR CERTAIN AUTOPSIES AND POST MORTEM EXAMINATIONS AND TO LIMIT THE USE OF REMOVED BODY PARTS FOR THE DETERMINATION OF THE CAUSE OF DEATH UNLESS INFORMED CONSENT IS OBTAINED AND TO PROVIDE FOR THE MANNER AND FORM OF INFORMED CONSENT; TO AMEND SECTION 17-5-260, RELATING TO NOTIFICATION TO THE MEDICAL EXAMINER ON CERTAIN DEATHS AND FINDINGS OF THE MEDICAL EXAMINER, SO AS TO REQUIRE NOTICE TO NEXT-OF-KIN THAT BODY PARTS MAY BE REMOVED AND RETAINED AS PART OF THE INVESTIGATION OF THE DEATH AND TO LIMIT THE USE OF REMOVED BODY PARTS TO THE INVESTIGATION UNLESS INFORMED CONSENT IS OBTAINED AND TO PROVIDE FOR THE MANNER AND FORM OF INFORMED CONSENT.
Be it enacted by the General Assembly of the State of South Carolina:
Consent required for certain autopsies and post mortem examinations; use of body parts restricted; form of consent
SECTION 1. The 1976 Code is amended by adding:
"Section 44-43-720. (A) Except for an autopsy or postmortem examination ordered by a coroner or medical examiner, no autopsy or postmortem examination may be performed unless the person authorizing the autopsy or postmortem examination 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 about the procedure. If the person authorizing the procedure is unable to consent in person, consent may be given through a recorded telephonic communication.
(B) In performing an autopsy or postmortem examination, no body parts, as defined in Section 44-43-320, removed from the body may be used for any purpose other than to determine the cause or manner of death unless the person authorizing the autopsy or postmortem examination has given informed consent to the procedure. The person giving the informed consent must be given the opportunity to give informed consent on a witnessed, written consent form using language understandable to the average lay person after face-to-face communication with a physician about the procedure. If the person authorizing the procedure is unable to consent in person, consent may be given through a recorded telephonic communication."
Notice required that body parts removed; use of body parts restricted; informed consent
SECTION 2. Section 17-5-260 of the 1976 Code is amended to read:
"Section 17-5-260. If a person dies as a result of violence, apparent suicide, when in apparent good health, unattended by a physician, or in any suspicious or unusual manner or while an inmate of a penal or correctional institution or stillbirths not attended by a physician, a person having knowledge of the death immediately shall notify the county 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.
The county medical examiner shall make immediate inquiry into the cause and manner of death and shall reduce the findings to writing on forms provided for this purpose retaining one copy and forwarding 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. The county medical examiner must 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.
In performing an autopsy or postmortem examination, no body parts, as defined in Section 44-43-320, 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 44-43-330, 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."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 4th day of June, 1996.