Changes to Existing Law

If a death occurs without the attendance of a licensed physician, physician3 assistant, or certified nurse practitioner, the person in charge of the body shall notify the county4 coroner and sheriff of such the death. Upon notification, the county coroner shall complete the5 medical certificate from the statement of relatives or other persons having adequate knowledge6 of the facts. The coroner, or deputy coroner in the absence of the coroner, shall complete, sign, and file the medical certificate with the department within five days of the date of death, unless8 an autopsy or investigation is pending, in which case the pending autopsy or investigation shall9 be noted on the medical certificate. In the absence of a coroner or deputy coroner, or if the10 coroner is unable to act, and only in such case, the local registrar shall prepare the medical11 certificate from the statement of relatives or other person having knowledge of the facts. Any person in charge of a body who fails to notify the county coroner and sheriff of the death within thirty days following the death is guilty of a Class 2 misdemeanor.14

If a birth occurs outside an institution, the certificate shall be prepared and filed5 by one of the following in the indicated order of priority: (1)The physician in attendance at or immediately after the birth, or in the absence of7 such a person; (2)Any other person in attendance at or immediately after the birth, or in the absence of9 such a person; (3)The father or mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred. The department shall promulgate rules, pursuant to chapter 1-26, to establish the evidence13 necessary to establish the facts of birth. Any person required to prepare and file a birth certificate pursuant to this section who fails 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1110 to do so within one year of the birth is guilty of a Class 2 misdemeanor.