Messag from SC LLR - Vital Records Regarding Penalties and Fines

Notice from the South Carolina Board of Nursing

Dear Funeral Home Director/Medical Certifier:

On May 26, 2023, new DHEC regulations passed by the General Assembly established guidelines for penalties to be assessed against funeral homes or medical certifiers who file death certificates more than five days after the date of death went into effect.  In 2022, the law was also amended requiring death certificates to be transmitted and signed electronically whether the certifier issues less than 12 certificates a year or not.  DHEC expects to begin assessing penalties and fines for late records filed after July 31, 2023. 

Any record filed more than five days after the date of death will be assessed to determine whether the funeral home/director or medical certifier is at fault. The at-fault party will then be emailed a notice of the fine amount and will have 15 days to supply evidence justifying the delay. Once presented, the Department will have an additional 15 days to review it and make a decision on whether the fine should be enforced, reduced, or eliminated. 

Penalties paid within 30 days of final assessment are eligible for a discount of 50 percent. No discounts apply to penalties paid after 30 days. 

The penalties established by the law are:  

• 1^st day late: $250 
• 2^nd day late: $500 
• Each day thereafter: $1,000 

Any medical certifiers or funeral homes who have not yet registered online are highly encouraged to do so by emailing VRSIIShelpdesk@dhec.sc.gov. The registrants will then be sent forms to fill out and return electronically. Once received, it takes approximately one week to create a new account. Should a death certificate need to be filed immediately, certifiers may put “URGENT – DEATH CERTIFICATE PENDING” in the subject line and staff will prioritize the request. 

The law governing the filing death certificates (SC Code of Law 44-63-74) used to allow for an exception of electronic filing for those filing 12 certificates or less.  Last year Act No. 157 repealed that exception, and everyone needs to be 100 percent electronic. The only exception is family members or friends filing without compensation on behalf of deceased loved ones. 

Any funeral home, funeral director, or medical certifier who has not joined the electronic system before August 1, 2023, will be assessed a penalty from the date they originally were notified of the death in accordance with SC Code of Law 44-63-74 regardless of the time it takes to get them registered in the system. 

We have been notifying the parties that would have been assessed a penalty under this law for almost a year now.  Please share this with any colleagues that may need to get registered or prepared for implementation of this law.  For questions or concerns, please email webdeath@dhec.sc.gov or call our field consultants at 803-898-3409.  Thank you and have a great day!

Caleb N Cox, CPM

coxcn@dhec.sc.gov

Director of Vital Statistics

SC Department of Health and Environmental Control