reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 61 - Emergency Medical Services › Section 44-61-780. Adverse actions.

(A) A home state shall have exclusive power to impose adverse action against an individual's license issued by the home state.
(B)(1) If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.
(2) All home state adverse-action orders shall include a statement that the individual's compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state's EMS authority.
(3) An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from both the home state and remote state's EMS authority.
(C) A member state shall report adverse actions and any occurrences that the individual's compact privileges are restricted, suspended, or revoked to the Commission in accordance with the rules of the Commission.
(D) A remote state may take adverse action on an individual's privilege to practice within that state.
(E) Any member state may take adverse action against an individual's privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.
(F) A home state's EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home state's law shall control in determining the appropriate adverse action.
(G) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state's laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 61 - Emergency Medical Services › Section 44-61-790. Additional powers invested in a member state's EMS authority.

A member state's EMS authority, in addition to any other powers granted under state law, is authorized under this compact to:
(1) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member state's EMS authority for the attendance and testimony of witnesses, and/or the production of evidence from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and
(2) issue cease and desist orders to restrict, suspend, or revoke an individual's privilege to practice in the state.
HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 61 - Emergency Medical Services › Section 44-61-810. Coordinated database.

(A) The Commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states.
(B) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the coordinated database on all individuals to whom this compact is applicable as required by the rules of the Commission, including:
(1) identifying information;
(2) licensure data;
(3) significant investigatory information;
(4) adverse actions against an individual's license;
(5) an indicator that an individual's privilege to practice is restricted, suspended, or revoked;
(6) nonconfidential information related to alternative program participation;
(7) any denial of application for licensure, and the reason(s) for such denial; and
(8) other information that may facilitate the administration of this compact, as determined by the rules of the Commission.
(C) The coordinated database administrator shall promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state.
(D) Member states contributing information to the coordinated database may designate information that may not be shared with the public without the express permission of the contributing state.
(E) Any information submitted to the coordinated database that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated database.
HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 61 - Emergency Medical Services › Section 44-61-840. Date of implementation; associated rules; withdrawal; amendment.

(A) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth-member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(B) Any state that joins the compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the compact becomes law in that state.
(C)(1) Any member state may withdraw from this compact by:
(a) enacting a statute repealing the same; or
(b) by action of the Governor.
(2) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute or withdrawal by the Governor.
(3) Withdrawal shall not affect the continuing requirement of the withdrawing state's EMS authority to comply with the investigative and adverse-action reporting requirements of this act prior to the effective date of withdrawal.
(D) Nothing contained in this compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
(E) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 61 - Emergency Medical Services › Section 44-61-850. Construction and severability.

This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any member state thereto, the compact shall remain in full force and effect as to the remaining member states. Nothing in this compact supersedes state law or rules related to licensure of EMS agencies.
HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-10. Duties of Department of Health and Environmental Control.

The Department of Health and Environmental Control shall prepare the necessary methods and forms for obtaining vital statistics.
HISTORY: 1962 Code Section 32-1101; 1952 Code Section 32-1101; 1942 Code Section 5007; 1932 Code Section 5014; Civ. C. '22 Section 2325; Civ. C. '12 Section 1584; Civ. C. '02 Section 1090; G. S. 918; R. S. 969; 1878 (16) 730; 1988 Act No. 341, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-20. Establishment of bureau of vital statistics; system for registration of births and deaths.

The Department of Health and Environmental Control shall establish a bureau of vital statistics and provide an adequate system for the registration and certification of births, deaths, marriages, and divorces by formulating, promulgating, and enforcing regulations prescribing the method and form of making the registration and certification.
HISTORY: 1962 Code Section 32-1102; 1952 Code Section 32-1102; 1942 Code Section 5130; 1932 Code Section 5130; Civ. C. '22 Section 2393; Civ. C. '12 Section 1596; 1914 (29) 29; 1988 Act No. 341, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-30. State registrar of vital statistics.

The Director of the Department of Health and Environmental Control is the state registrar of vital statistics and shall carry into effect the regulations and orders of the department. The department shall provide suitable apartments properly equipped with fireproof vaults and filing cases for the permanent preservation of all official records.
HISTORY: 1962 Code Section 32-1103; 1952 Code Section 32-1103; 1942 Code Section 5131; 1932 Code Section 5131; Civ. C. '22 Section 2394; 1914 (29) 29; 1988 Act No. 341, Section 1; 1993 Act No. 181, Section 1138.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-40. County registrars, deputy registrars, and subregistrars.

The State Registrar must appoint the chief administrative officer of each county health department as the county registrar. All persons in the county required by law to file reports of birth, death, and fetal death must transmit these reports to the State Registrar at intervals prescribed by the State Registrar. The county registrar may appoint a deputy registrar who is vested with the right to carry on the duties of the office. The county registrar and deputy registrar must carry out the duties formerly carried out by local registrars without additional compensation. The county registrar must appoint a subregistrar for each hospital, nursing home, and other institution as required within the county whose duty it is to issue Burial-Removal-Transit Permits for deaths occurring at the hospitals, nursing homes, and other institutions. The county registrar must require the coroner of the county to issue Burial-Removal-Transit Permits for deaths occurring outside hospitals, nursing homes, or other institutions.
HISTORY: 1962 Code Section 32-1105; 1952 Code Section 32-1105; 1946 (44) 1543; 1970 (56) 2556; 1988 Act No. 341, Section 1; 2002 Act No. 272, Section 2, eff May 28, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-55. Certificate of birth resulting in stillbirth.

(A) The state registrar shall develop a form entitled " Certificate of Birth Resulting in Stillbirth" for distribution to all South Carolina delivering hospitals. The hospital shall provide and offer to complete this form, prior to discharge, for mothers whose delivery resulted in a fetal death of twenty completed weeks of gestation or more or a weight of three hundred fifty grams or more. The "Certificate of Birth Resulting in Stillbirth" must be filed with the county registrar within five days following the delivery. The "Certificate of Birth Resulting in Stillbirth" does not constitute proof of a live birth and does not replace the requirement to file a Report of Fetal Death as required in Regulation 61-19, Section 21.
(B) The person preparing the "Certificate of Birth Resulting in Stillbirth" pursuant to this section shall leave blank any reference to the stillborn's name if the parent or parents do not provide this information.
HISTORY: 2004 Act No. 203, Section 2, eff April 26, 2004.
Editor's Note
2004 Act No. 203, Section 1, provides as follows:
"This act may be cited as 'Hunter's Law'."
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-60. Certificates to be furnished by state registrar.

The state registrar, upon application by those entitled pursuant to Section 44-63-80, 44-63-82, 44-63-84, or 44-63-86, shall furnish a certificate under the seal of the department showing data from the records of births, deaths, marriages, and divorces registered with the department or a certified copy under seal of such records. Federal, state, local, and other public or private agencies must be furnished copies or data for statistical, health, or legal purposes upon such terms or conditions as prescribed by the state registrar except that upon request the Department of Social Services or its designee must be provided at no charge with a copy or certified copy of a certificate for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation.
HISTORY: 1962 Code Section 32-1121; 1952 Code Section 32-1121; 1951 (47) 437; 1988 Act No. 341, Section 1; 1997 Act No. 71, Section 9.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-70. State registrar shall prescribe forms and furnish copies to county registrars and appropriate agencies.

The state registrar shall prescribe the proper forms for the certification and recording of all vital statistics in this State and shall furnish copies of these forms to all county registrars and appropriate agencies in the State having the responsibility for the registration, reporting, and certification of vital statistics, data, and information.
HISTORY: 1962 Code Section 32-1122; 1952 Code Section 32-1122; 1945 (44) 80; 1967 (55) 709; 1970 (56) 2552; 1988 Act No. 341, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-72. Death certificates filed by licensed embalmers and funeral directors; contents.

When a licensed funeral director or a licensed embalmer files a death certificate:
(1) the licensed funeral director must provide his license number and his signature in the appropriate location on the death certificate;
(2) the licensed embalmer must provide his license number and either his name or signature in the appropriate location on the death certificate.
HISTORY: 2007 Act No. 74, Section 1, eff 30 days after approval by the Governor (approved June 13, 2007).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-75. Social security or alien identification numbers on birth, death, divorce, and marriage application records.

(A) Social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, must be included in the forms prescribed by the state registrar for:
(1) the recordation of birth, death, and divorce;
(2) the application of marriage.
(B) Social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, must be recorded on birth and death certificates.
HISTORY: 1994 Act No. 513, Section 5; 1997 Act No. 71, Section 10; 1999 Act No. 100, Part II, Section 105.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-82. Matching of birth and death certificates.

To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the state registrar is authorized to match birth and death certificates and to post the fact of death to the appropriate birth certificate. Copies issued from birth certificates marked deceased must be similarly marked. In addition to those entitled to receive certified copies of birth certificates pursuant to Section 44-63-80, certified copies of birth certificates marked deceased may be issued to a member of the registrant's immediate family under such terms and conditions as may be prescribed by the state registrar.
HISTORY: 1988 Act No. 341, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-84. Persons to whom death certificate may be issued.

Copies of death certificates may be issued to members of the deceased's family or their respective legal representatives. Upon request, the Department of Social Services or its designee must be provided with copies or certified copies of death certificates for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. Others who demonstrate a direct and tangible interest may be issued copies when information is needed for the determination of a personal or property right. Other applicants may be provided with a statement that the death occurred, the date, and county of death. However, when fifty years have elapsed after the date of death, these records become public records and any person may obtain copies upon submission of an application containing sufficient information to locate the record. For each copy issued or search of the files made, the state registrar shall collect the same fee as is charged for the issuance of certified copies or a search of the files for other records in his possession, except that the Department of Social Services or its designee may not be charged this fee.
When fifty years have elapsed after the date of death, these records must be made available in photographic or other suitable format for public viewing.
HISTORY: 1988 Act No. 341, Section 1; 1997 Act No. 71, Section 12.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-86. Persons to whom marriage certificates and reports of divorce may be issued.

Copies of marriage certificates and reports of divorce registered with the Department of Health and Environmental Control must be issued to the parties married or divorced, their adult children, a present or former spouse of either party married or divorced, their respective legal representative, or upon request to the Department of Social Services or its designee for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. Other applicants may be provided with a statement that the marriage or divorce occurred, the date, and county of the event.
HISTORY: 1988 Act No. 341, Section 1; 1997 Act No. 71, Section 13.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-90. Issuance of certificate where birth has not been registered.

When the birth of a person born in the State has not been registered, a certificate may be filed subject to these regulations prescribed by the state registrar of vital statistics. However, when it appears that an applicant for a certificate of birth cannot produce minimum prescribed documentation, satisfactory as to validity, to the state registrar, the applicant may be denied a certificate of birth and advised as to the reason for the denial. No delayed birth certificate may be registered for a deceased person.
HISTORY: 1962 Code Section 32-1123; 1952 Code Section 32-1123; 1944 (43) 1209; 1970 (56) 2552; 1988 Act No. 341, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-100. Registering birth by way of petition for Delayed Certificate of Birth Established by Court Order.

(A) A petition may be filed in the South Carolina family court of petitioner's residence, or if petitioner no longer resides in South Carolina, in a court of competent jurisdiction in the state of petitioner's residence, for an order establishing a record of the name at birth, subsequent name changes, gender at birth, gender changes, date of birth, county of birth, and the full name of the mother prior to any marriages, and the full name of the biological father of the person whose birth is sought to be registered by way of a Delayed Certificate of Birth Established by Court Order.
(B) The petition must allege that the person for whom a delayed certificate of birth is sought was born in this State, that no record of birth exists, and that the petitioner has failed to produce the minimum required documentation to the State Registrar of Vital Statistics for an administrative establishment of a delayed birth certificate. A certification from the State Registrar of Vital Statistics must be attached to the petition stating that no birth record has been located in the records of this State. This certification must be dated less than two years before the petitions' filing date.
(C) The petitioner shall serve a certified copy of the filed petition on the State Registrar of Vital Statistics at least thirty days before a scheduled hearing. The court shall fix the time and place of the hearing on the petition for establishment of birth registration, and at least ten days' notice in writing must be given to the State Registrar of Vital Statistics.
(D) The court shall determine, and the order must include, the registrant's name at birth, subsequent name changes, gender at birth, gender changes, the date of birth, the county of birth, the full name of the mother prior to any marriages, the full name of the biological father, and additional findings as the court considers necessary. The order also must include a description of the evidence presented to the court. The order must be forwarded by the clerk of court to the State Registrar no later than thirty days following the month in which the order was entered by the court.
HISTORY: 1962 Code Section 32-1123.1; 1970 (56) 2552; 1986 Act No. 465; 1988 Act No. 341, Section 1; 2006 Act No. 324, Section 1, eff June 6, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-110. Fees.

For making, furnishing, or certifying any card, certificate, or certified copy of the record, for filing a record amendment according to the provisions of Section 44-63-60, 44-63-80, 44-63-90 or 44-63-100, or for searching the record, when no card, certificate, or certified copy is made, a fee in an amount as determined by the Board of the Department of Health and Environmental Control must be paid by the applicant, except that the Department of Social Services or its designee is not required to pay a fee when the information is needed for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. The amount of the fee established by the board may not exceed the cost of the services performed and to the extent possible must be charged on a uniform basis throughout the State. When verification of the facts contained in these records is needed for Veterans Administration purposes in connection with a claim, it must be furnished without charge to the Veterans' Affairs Department of the Governor's Office or to a county veterans affairs officer upon request and upon the furnishing of satisfactory evidence that the request is for the purpose authorized in this chapter.
HISTORY: 1962 Code Section 32-1124; 1952 Code Section 32-1124; 1945 (44) 80; 1951 (47) 437; 1952 (47) 2146; 1956 (49) 2019; 1970 (56) 2552; 1978 Act No. 587 Section 2; 1979 Act No. 41 Section 2; 1979 Act No. 196 Section 1; 1988 Act No. 341, Section 1; 1993 Act No. 181, Section 1139; 1997 Act No. 71, Section 14.
Code Commissioner's Note
Pursuant to the directive to the Code Commissioner in 2019 Act No. 26, Section 4(C), references to the Division of Veterans' Affairs were changed to reflect the transfer of it to the Department of Veterans' Affairs.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-120. Disposition of fees received by state registrar.

The state registrar shall remit all fees received by him under the provisions of this chapter to the State Treasurer each month.
HISTORY: 1962 Code Section 32-1126; 1952 Code Section 32-1126; 1951 (47) 437; 1988 Act No. 341, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-150. Correction of mistakes in birth or death certificates.

Correction of mistakes in birth and death certificates may be made by the state registrar upon written application duly verified and sworn to by the appropriate person as required by regulation and upon receipt of supporting evidence when required by regulation. Certificates corrected more than one year after the event must be marked "amended". The state registrar shall certify the corrected certificate is the true certificate. Supporting affidavits of fact must be attached to the certificate corrected more than one year after the date of the event.
HISTORY: 1962 Code Section 32-1130; 1952 Code Section 32-1130; 1944 (43) 1209; 1970 (56) 2552; 1979 Act No. 41 Section 3; 1988 Act No. 341, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-160. Amendment of birth record of legitimized child.

To amend a birth record of a child legitimized under the provisions of Section 20-1-60 or 20-1-70, the Bureau of Vital Statistics shall require an affidavit of both parents and a certified copy of the parents' marriage record. However, if either the mother or the reputed father is deceased, if another man is shown as the father of the child on the original birth certificate, or if the original birth certificate states that the mother was married, a new certificate may be prepared only when a determination of paternity is made by the family court. The original birth certificate and documents authorizing the amendment must be placed in a sealed file not to be subject to inspection except upon order of the family court.
HISTORY: 1962 Code Section 32-1130.1; 1970 (56) 2552; 1979 Act No. 41 Section 4; 1988 Act No. 341, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-161. Unlawful acts; penalties.

(A) It is unlawful for a person:
(1) other than the Department of Health and Environmental Control and county health departments to issue copies or certified copies of birth and death certificates or a document purporting to be a birth or death certificate;
(2) to wilfully make a false statement in a certificate, record, or report required to be filed by this chapter or a regulation, or in an application for an amendment to or for a certified copy of the certificate, record, or report, or to wilfully supply false information intending that the information be used in the preparation or amendment of the certificate, record, or report;
(3) without lawful authority to wilfully make, sell, counterfeit, alter, amend, or mutilate a certificate, record, or report required to be filed by this chapter or a regulation or a certified copy of the certificate, record, or report;
(4) to wilfully obtain, possess, use, sell, furnish to another, or attempt to obtain, possess, use, sell, or furnish to another, for the purpose of deception, a certificate, record, report required to be filed by this chapter or a regulation, or a certified copy of these, including a certificate, record, or report or certified copy that has been counterfeited, altered, amended, or mutilated or a document purporting to be the certificate, record, or report;
(5) to wilfully violate a regulation or an order of the department relative to recording, reporting, or filing information for the Bureau of Vital Records.
(B) A person who violates a provision of item (1), (2), (3), or (4) of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both.
(C) A person who violates a provision of item (5) of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
HISTORY: 1978 Act No. 587 Section 5; 1988 Act No. 341, Section 1; 2003 Act No. 64, Section 1, eff June 25, 2003.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-163. Birth certificate to be prepared after father is determined in paternity proceeding.

Upon entry of a court order or an administrative determination that the putative father is the legal father pursuant to Section 63-17-70(A), the clerk of court shall send a report to the Registrar of the Division of Vital Statistics of the Department of Health and Environmental Control showing such information as may be required on an amended certificate of birth to be furnished by the Division of Vital Statistics of the Department of Health and Environmental Control. A new certificate must be prepared for a child born in this State to reflect the name of the father determined by the court or an administrative agency of competent jurisdiction upon receipt of a certified copy of a court or administrative determination of paternity pursuant to Section 63-17-10. Orders modifying, vacating, or amending paternity orders must be handled by the clerk of court and State Registrar in the same manner. If the surname of the child is not decreed by the court, the surname must not be changed on the certificate. When an amended certificate is prepared, the original certificate and certified copy of the court order must be placed in a sealed file not to be subject to inspection except by order of the family court.
HISTORY: 1988 Act No. 341, Section 1; 1997 Act No. 71, Section 20; 2019 Act No. 42 (S.21), Section 2, eff May 16, 2019.
Effect of Amendment
2019 Act No. 42, Section 2, inserted the first sentence, in the second sentence, substituted "A new certificate" for "A certificate", inserted the third sentence, and in the fourth sentence, substituted "surname must not be changed" for "request for the certificate must specify the surname to be placed".
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-165. Birth certificate of illegitimate child to be prepared when father acknowledges paternity.

A certificate must be prepared for a child born out of wedlock in this State to include the name of the father upon receipt of a sworn acknowledgment of paternity signed by both parents to include the surname by which the child is to be known. However, if the reputed father or the mother is deceased, if another man is shown as the father of the child on the original birth certificate or if the original birth certificate states that the mother was married, a new certificate may be prepared only when paternity has been determined or acknowledged pursuant to Article 1, Chapter 17, Title 63. A paternity acknowledgment must be provided to the State Department of Social Services from the appropriate state agency upon request at no charge for the purpose of establishing a child support obligation and otherwise a paternity acknowledgment is not subject to inspection except upon order of the Family Court.
HISTORY: 1988 Act No. 341, Section 1; 1995 Act No. 102, Part VI, Section 8; 2006 Act No. 324, Section 2, eff June 6, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 63 - Vital Statistics › Section 44-63-180. Persons who may register statistical record of birth.

Any individual born in this State prior to 1915 who has no official record of his birth may register a delayed birth certificate under the direction of the state registrar with the county health department in the county in which he was born. Nothing in this chapter makes the registration compulsory; however, a delayed birth certificate may not be registered for a deceased person as provided by Section 44-63-90.
HISTORY: 1962 Code Section 32-1142; 1970 (56) 2555; 1988 Act No. 341, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 66 - Adult Health Care Consent Act › Section 44-66-20. Definitions.

As used in this chapter:
(1) "Health care" means a procedure to diagnose or treat a human disease, ailment, defect, abnormality, or complaint, whether of physical or mental origin. Health care also includes the provision of intermediate or skilled nursing care; services for the rehabilitation of injured, disabled, or sick persons; and the placement in or removal from a facility that provides these forms of care.
(2) "Health care provider" or "provider" means a person, health care facility, organization, or corporation licensed, certified, or otherwise authorized or permitted by the laws of this State to administer health care.
(3) "Health care professional" means an individual who is licensed, certified, or otherwise authorized by the laws of this State to provide health care to members of the public.
(4) "Patient" means an individual sixteen years of age or older who presents or is presented to a health care provider for treatment.
(5) "Person" includes, but is not limited to, an individual, a state agency, or a representative of a state agency.
(6) "Physician" means an individual who is licensed to practice medicine or osteopathy pursuant to Chapter 47, Title 40.
(7) "Treatment" means the broad range of emergency, outpatient, intermediate, and inpatient services and care that may be extended to a patient to diagnose and treat a human disease, ailment, defect, abnormality, or complaint, whether of physical or mental origin. Treatment includes, but is not limited to, psychiatric, psychological, substance abuse, and counseling services.
(8) "Unable to consent" means unable to appreciate the nature and implications of the patient's condition and proposed health care, to make a reasoned decision concerning the proposed health care, or to communicate that decision in an unambiguous manner. This term does not apply to minors, and this chapter does not affect the delivery of health care to minors unless they are married or have been determined judicially to be emancipated. A patient's inability to consent must be certified by two licensed physicians, each of whom has examined the patient. However, in an emergency the patient's inability to consent may be certified by a health care professional responsible for the care of the patient if the health care professional states in writing in the patient's record that the delay occasioned by obtaining certification from two licensed physicians would be detrimental to the patient's health. A certifying physician or other health care professional shall give an opinion regarding the cause and nature of the inability to consent, its extent, and its probable duration. If a patient unable to consent is being admitted to hospice care pursuant to a physician certification of a terminal illness required by Medicare, that certification meets the certification requirements of this item.
HISTORY: 1990 Act No. 472, Section 1; 1992 Act No. 306, Section 3; 2002 Act No. 351, Sections 2, eff July 20, 2002; 2013 Act No. 39, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 66 - Adult Health Care Consent Act › Section 44-66-40. Provision of health care without consent where there is serious threat to health of patient or to relieve suffering; person having highest priority to make health care decision.

(A) Health care may be provided without consent to a patient who is unable to consent if no person authorized by Section 44-66-30 to make health care decisions for the patient is available immediately, and in the reasonable medical judgment of the attending physician or other health care professional responsible for the care of the patient, the delay occasioned by attempting to locate an authorized person, or by continuing to attempt to locate an authorized person, presents a substantial risk of death, serious permanent disfigurement, or loss or impairment of the functioning of a bodily member or organ, or other serious threat to the health of the patient. Health care for the relief of suffering may be provided without consent at any time that an authorized person is unavailable.
(B) Health care decisions on behalf of a patient who is unable to consent may be made by a person named in Section 44-66-30 if no person having higher priority under that section is available immediately, and in the reasonable medical judgment of the attending physician or other health care professional responsible for the care of the patient, the delay occasioned by attempting to locate a person having higher priority presents a substantial risk of death, serious permanent disfigurement, loss or impairment of the functioning of a bodily member or organ, or other serious threat to the health of the patient.
HISTORY: 1990 Act No. 472, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 66 - Adult Health Care Consent Act › Section 44-66-50. Provision of health care without consent to relieve suffering, restore bodily function, or to preserve life, health, or bodily integrity of patient.

Health care may be provided without consent to a patient who is unable to consent if no person authorized by Section 44-66-30 to make health care decisions for the patient is reasonably available and willing to make the decisions, and, in the reasonable medical judgment of the attending physician or other health care professional responsible for the care of the patient, the health care is necessary for the relief of suffering or restoration of bodily function or to preserve the life, health, or bodily integrity of the patient.
HISTORY: 1990 Act No. 472, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 66 - Adult Health Care Consent Act › Section 44-66-60. No authority to provide health care to patient who is unable to consent where health care is against religious beliefs of patient or patients prior instructions.

(A) Unless the patient, while able to consent, has stated a contrary intent to the attending physician or other health care professional responsible for the care of the patient, this chapter does not authorize the provision of health care to a patient who is unable to consent if the attending physician or other health care professional responsible for the care of the patient has actual knowledge that the health care is contrary to the religious beliefs of the patient.
(B) This chapter does not authorize the provision of health care to a patient who is unable to consent if the attending physician or other health care professional responsible for the care of the patient has actual knowledge that the health care is contrary to the patient's unambiguous and uncontradicted instructions expressed at a time when the patient was able to consent.
(C) This section does not limit the evidence on which a court may base a determination of a patient's intent in a judicial proceeding.
HISTORY: 1990 Act No. 472, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 66 - Adult Health Care Consent Act › Section 44-66-70. Person who makes health care decision for another not subject to civil or criminal liability, nor liable for costs of care; health care provider not subject to civil or criminal liability.

(A) A person who in good faith makes a health care decision as provided in Section 44-66-30 is not subject to civil or criminal liability on account of the substance of the decision.
(B) A person who consents to health care as provided in Section 44-66-30 does not by virtue of that consent become liable for the costs of care provided to the patient.
(C) A health care provider who in good faith relies on a health care decision made by a person authorized under Section 44-66-30 is not subject to civil or criminal liability or disciplinary penalty on account of his reliance on the decision.
(D) A health care provider who in good faith provides health care pursuant to Sections 44-66-40 or 44-66-50 is not subject to civil or criminal liability or disciplinary penalty on account of the provision of care. However, this section does not affect a health care provider's liability arising from provision of care in a negligent manner.
HISTORY: 1990 Act No. 472, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 66 - Adult Health Care Consent Act › Section 44-66-75. Designating a family member with whom provider may discuss medical condition; exemptions.

(A) A health care provider or the provider's agent shall provide on the patient information form or by electronic health records, the opportunity for the patient to designate a family member or other individual they choose as a person with whom the provider may discuss the patient's medical condition and treatment plan.
(B) The authorization provided for in subsection (A):
(1) satisfies the requirements of Title 42 of the Code of Federal Regulations, relating to public health, and the privacy rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA);
(2) must present the question in bold print and capitalized, or by electronic means: "DO YOU WANT TO DESIGNATE A FAMILY MEMBER OR OTHER INDIVIDUAL WITH WHOM THE PROVIDER MAY DISCUSS YOUR MEDICAL CONDITION? IF YES, WHOM?"; and
(3) must specify that the patient may revoke or modify an authorization with regard to any family member or other individual designated by the patient in the authorization and that the revocation or modification must be in writing.
(C) A health care provider may disclose information pursuant to an authorization unless the provider has actual knowledge that the authorization has been revoked or modified.
(D) A health care provider who in good faith discloses information in accordance with an authorization signed by a patient pursuant to this section is not subject to civil liability, criminal liability, or disciplinary sanctions because of this disclosure.
(E) Nothing in this section may be construed to:
(1) require a health care provider to disclose information that he otherwise may withhold or limit;
(2) limit or prevent a provider from disclosing information without written authorization from the patient if this disclosure is otherwise lawful or permissible;
(3) prohibit a provider from receiving and using information relevant to the safe and effective treatment of the patient from family members; and
(4) conflict with an individual's health care power of attorney as provided for in the South Carolina Probate Code.
(F) Notwithstanding any other provision of this chapter, this section does not apply to nursing homes, as defined in Section 44-7-130 or a dentist, dental hygienist, or dental technician licensed or registered in Chapter 15, Title 40.
HISTORY: 2013 Act No. 39, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 66 - Adult Health Care Consent Act › Section 44-66-80. Other laws mandating or allowing testing or treatment without consent unaffected.

No provision in this chapter affects the ability of a state agency or health care provider working in conjunction with a state agency to conduct testing or provide treatment which is mandated or allowed by other provisions of law.
HISTORY: 1990 Act No. 472, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 69 - Licensure Of Home Health Agencies › Section 44-69-50. Fees.

Reasonable fees shall be established by the Board. Such fees shall be paid into the State Treasury or refunded to the applicant if the license is denied. Governmental home health agencies are exempt from payment of license fees.
HISTORY: 1978 Act No. 548 Section 5.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 69 - Licensure Of Home Health Agencies › Section 44-69-60. Regulations.

The Department shall promulgate regulations which define standards for the care, treatment, health, safety, welfare and comfort of patients served by home health agencies and for the maintenance and operation of home health agencies which will promote safe and adequate care and treatment of the patients. These regulations shall include, but not be limited to, provisions for the geographical area to be served, giving consideration to underserved areas, provisions requiring the agency to have policies established by a professional group, including at least one physician and one registered nurse; provisions governing the services the agency provides; provisions for the supervision of services by a physician or registered nurse as appropriate and maintenance of clinical records on all patients, including a plan of treatment prescribed by a physician. The Department is authorized to issue, deny, suspend or revoke licenses in accordance with regulations promulgated pursuant to this section. Such regulations shall also include hearing procedures related to denial, suspension, or revocation of licenses.
HISTORY: 1978 Act No. 548 Section 6.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 69 - Licensure Of Home Health Agencies › Section 44-69-70. Annual inspections.

Each home health agency for which a license has been issued shall be inspected by an authorized representative of the department at least once a year. Such inspections shall be for the purpose of ensuring that the provisions of this chapter are being followed. The department is directed to ensure by inspection that the licensee is providing quality care to its patients in accordance with the orders of the patient's physician.
HISTORY: 1978 Act No. 548 Section 7.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 69 - Licensure Of Home Health Agencies › Section 44-69-75. Certificate of need; exemption of home health services providers.

(A) A home health agency shall obtain a certificate of need before licensure. Procedures for applying for a certificate must be in accordance with the "State Certification of Need and Health Facility Licensure Act". No certificate is required for home health agencies providing home health services before July 1, 1980.
(B) A continuing care retirement community licensed pursuant to Title 37, Chapter 11, may provide home health services and is exempt from subsection (A) if:
(1) the continuing care retirement community furnishes or offers to furnish home health services only to residents who reside in living units provided by the continuing care retirement community pursuant to a continuing care contract;
(2) the continuing care retirement community maintains a current license and meets applicable home health agency licensing standards;
(3) residents of the continuing care retirement community may choose to obtain home health services from other licensed home health agencies.
Staff from other areas of the continuing care retirement community may deliver the home health services, but at no time may staffing levels in any area of the continuing care retirement community fall below minimum licensing standards or impair the services provided.
If the continuing care retirement community includes charges for home health services in its base contract, it is prohibited from billing additional fees for those services. Continuing care retirement communities certified for Medicare or Medicaid, or both, must comply with governmental reimbursement requirements concerning charges for home health services.
For purposes of this subsection "resident", "living unit", and "continuing care contract" have the same meanings as provided in Section 37-11-20.
(C) Subsection (B) applies only to multi-level continuing care retirement communities which incorporate a skilled nursing facility.
(D) The continuing care retirement community shall not bill in excess of its costs. These costs will be determined on nonfacility-based Medicare and/or Medicaid standards.
HISTORY: 1980 Act No. 321; 1996 Act No. 381, Section 2.