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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "ANN S. PERDUE INDEPENDENT AUTOPSY FAIRNESS ACT", BY ADDING SECTION 44-43-730 SO AS TO PROVIDE THAT IF A PERSON DIES IN A HOSPITAL, THE HOSPITAL SHALL OFFER IN WRITING TO THE PATIENT'S FAMILY THE OPTION OF HAVING AN INDEPENDENT AUTOPSY PERFORMED; AND TO AMEND SECTION 17-5-530, RELATING TO CIRCUMSTANCES REQUIRING THE CORONER OR MEDICAL EXAMINER TO BE NOTIFIED OF CERTAIN DEATHS, SO AS TO REQUIRE SUCH NOTIFICATION WHEN A PERSON DIES IN A HEALTH CARE FACILITY WITHIN TWENTY FOUR HOURS OF HAVING AN INVASIVE PROCEDURE PERFORMED AND TO PROVIDE THAT IN THESE CIRCUMSTANCES IF AN AUTOPSY IS PERFORMED IT MUST BE AN INDEPENDENT AUTOPSY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Ann S. Perdue Independent Autopsy Fairness Act".
SECTION 2. Article 9, Chapter 43, Title 44 of the 1976 Code is amended by adding:
"Section 44-43-730. If a patient dies in a hospital, the patient's family, as determined in accordance with Section 44-43-710, has the right to have an autopsy performed. The hospital, in writing, shall inform the patient's family of the right to have an autopsy performed and shall offer the patient's family the option of having the autopsy performed by a pathologist, or another person authorized to perform an autopsy, who is not affiliated with the hospital in which the person died."
SECTION 3. Section 17-5-530(A) of the 1976 Code, is amended to read:
"(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; or
(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, within twenty-four hours after having undergone an invasive procedure at the health care facility;
a person having knowledge of the death immediately must 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.
If an autopsy is performed on a person who has died as provided for in item (8), the autopsy must be performed by a pathologist, or another person authorized to perform an autopsy, who is not affiliated with the health care facility in which the person died."
SECTION 4. This act takes effect July 1, 2009.
This web page was last updated on Monday, June 22, 2009 at 3:11 P.M.