Death Certificate Filing Deadline Exception

2025-2026 Bill 894: Death Certificate Filing Deadline Exception

South Carolina General Assembly

126th Session, 2025-2026

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A128, R161, S894

STATUS INFORMATION

General Bill

Sponsors: Senator Alexander

Document Path: SR-0112CEM26.docx

Introduced in the Senate on February 4, 2026

Introduced in the House on April 1, 2026

Last Amended on May 12, 2026

Currently residing in the Senate

Governor's Action: May 15, 2026, Signed

Summary: Death Certificate Filing Deadline Exception

HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

2/4/2026

Senate

Introduced and read first time (
Senate Journal-page 8
)

2/4/2026

Senate

Referred to Committee on
Medical Affairs
(
Senate Journal-page 8
)

3/24/2026

Senate

Committee report: Favorable with amendment
Medical Affairs
(
Senate Journal-page 7
)

3/26/2026

Senate

Committee Amendment Adopted (
Senate Journal-page 38
)

3/26/2026

Senate

Amended (
Senate Journal-page 38
)

3/26/2026

Senate

Read second time (
Senate Journal-page 38
)

3/26/2026

Senate

Roll call Ayes-37 Nays-0 (
Senate Journal-page 38
)

3/31/2026

Senate

Read third time and sent to House (
Senate Journal-page 24
)

4/1/2026

House

Introduced and read first time (
House Journal-page 8
)

4/1/2026

House

Referred to Committee on
Medical, Military, Public and Municipal Affairs
(
House Journal-page 8
)

5/5/2026

House

Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
(
House Journal-page 5
)

5/7/2026

House

Debate adjourned (
House Journal-page 86
)

5/12/2026

House

Amended (
House Journal-page 71
)

5/12/2026

House

Read second time (
House Journal-page 71
)

5/12/2026

House

Roll call Yeas-114 Nays-0 (
House Journal-page 72
)

5/13/2026

House

Read third time and returned to Senate with amendments (
House Journal-page 1011
)

5/13/2026

Senate

Concurred in House amendment and enrolled (
Senate Journal-page 35
)

5/14/2026

Ratified R 161

5/15/2026

Signed By Governor

5/26/2026

Effective date 05/15/26

5/26/2026

Act No. 128

View the latest
legislative information
at the website

VERSIONS OF THIS BILL

02/04/2026
03/24/2026
03/26/2026
05/05/2026
05/12/2026

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A128, R161, S894)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-63-74, RELATING TO THE ELECTRONIC FILING AND TRANSMISSION OF DEATH CERTIFICATES, SO AS TO MAKE CERTAIN CHANGES REGARDING TIMELY ELECTRONIC FILING WITH THE BUREAU OF VITAL STATISTICS.

Be it enacted by the General Assembly of the State of South Carolina:

Death certificates, electronic filing

SECTION 1. Section 44-63-74 of the S.C. Code is amended to read:

Section 44-63-74. (A)(1) Notwithstanding any other provision of law, death certificates must be electronically filed with the Bureau of Vital Statistics as prescribed by the State Registrar of Vital Statistics within five days after a Burial Removal Transit Permit (BRTP) is issued or upon the funeral director assuming the physical in-person custody of the decedent, whichever is later, unless the funeral director, after a good faith effort, is unable to collect the personal data of the decedent required in subsection (A)(2), in which case the funeral director must immediately inform the bureau of the reason for the delay. In the event that a five-day period terminates on a weekend or a federal or state holiday, then the death certificate must be electronically filed at the end of the next business day. As prescribed by law, the Bureau of Vital Statistics shall notify the State Election Commission of the decedent's death who shall subsequently notify the County Board of Voter Registration and Elections in which the decedent was a resident of the decedent's death for purposes of removing the decedent from the voter roll.

(2) The funeral director or other person acting as the funeral director who first assumes custody of a dead body shall file a death certificate. He also shall obtain:

(a) the personal data of the decedent from the next of kin or the best qualified person or source available; and

(b) the medical certification of cause of death as provided in department regulations.

(3) Medical certifications of cause of death must be completed and returned to the funeral home director within forty-eight hours after receipt of notice of the death by the physician in charge of the patient's care for the illness or condition which resulted in death, except when an inquiry is required by a coroner or medical examiner. If the cause of death cannot be determined within forty-eight hours after death, the medical certification must be entered as pending, and the physician, medical examiner, or coroner shall submit a supplemental report to the state registrar on a form furnished by or approved by him as soon as practicable. The supplemental report shall be made a part of the death certificate. If the forty-eight hour period terminates on a weekend, federal holiday, or state holiday, the physician must file the certification by the end of the next business day. In the absence of this physician or with his approval, the certificate may be completed by his associate physician, the chief medical officer of the institution in which the death occurred, or by the pathologist who performed an autopsy upon the decedent.

(4) Death certificates must be transmitted electronically between the funeral home, or funeral home director, and the physician, coroner, or medical examiner certifying the cause of death in order to document the death certificate information prescribed by this chapter. Required signatures on death certificates must be provided by electronic signature. An individual who acts, without compensation, as a funeral director on behalf of a deceased family member or friend, is exempt from the requirement to file electronically but must comply with the requirements of item (2) or (3), as applicable.

(5)(a) A physician who fails to certify the cause of death within forty-eight hours, without good cause shown, may be assessed an administrative penalty for violating item (3). The department shall notify the Board of Medical Examiners if a penalty is assessed. Each day after the initial forty-eight hour period shall constitute an additional violation.

(b) A funeral home or funeral director who fails to file a death certificate or collect data or collect medical certification of cause of death as required in items (1), (2), or both, without good cause shown, may be assessed an administrative penalty for violating the respective item. However, the department must not assess a penalty against a funeral home or funeral director for the delay or inability to collect personal data of the decedent pursuant to item (2)(a). The department shall notify the Board of Funeral Services if a penalty is assessed. Each day after the initial five day period in item (1) shall constitute an additional violation of that item.

(c) A physician, funeral director, or funeral home that is required to file electronically pursuant to item (4) but who fails to file accordingly may be assessed an administrative penalty for violating item (4).

(d) The administrative penalties are:

(i) two hundred fifty dollars for a first violation or a warning letter;

(ii) five hundred dollars for a second violation; and

(iii) one thousand dollars for a third or subsequent violation.

(e) The department shall retain any administrative penalties collected pursuant to this subsection and must allocate all of these funds to the Bureau of Vital Statistics for its use.

(B) For purposes of this section, an electronic signature shall be as defined pursuant to the Uniform Electronic Transactions Act, Chapter 6, Title 26.

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 14th day of May, 2026.

Approved the 15th day of May, 2026.

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This web page was last updated on
June 11, 2026 at 2:13 PM