What to know
A medicolegal investigation is conducted by a coroner’s or a medical examiner’s office to determine how someone died. Each state sets its own standards for what kinds of deaths require investigation. Learn more about South Carolina rules and regulations on this page.
Medicolegal death investigation system
Is medical death investigation system centralized, county-based, or district-based?
County-based. S.C. Code Ann. § 17-5-5.
If centralized, in which department or agency is the system housed?
Not applicable.
Does the state system have a coroner, medical examiner, or coroners and medical examiners?
Coroner. A county with a population of 100,000 or more, according to the last official United States census, may establish by appropriate implementing resolution a commission to be known as the medical examiner commission of that county . . . S.C. Code Ann. § 17-5-220.
The commission must employ a skilled physician or pathologist as medical examiner for the purpose of performing post-mortem examinations, autopsies, and the examination of other forms of evidence as required by this chapter. S.C. Code Ann. § 17-5-230.
In counties which have both a coroner and a medical examiner: (1) the coroner has the ultimate responsibility for carrying out the duties required by this article; and (2) the medical examiner's duties must be specified in an annual written contract between the county governing body and the medical examiner. S.C. Code Ann. § 17-5-510. [Medical examiners appear to be permitted in addition to, not in lieu of, coroners.]
"In practice" notes?
None.
Is there a state medical examiner?
No. S.C. Code Ann. § 17-5-5.
If so, what is the state medical examiner's role?
Not applicable.
In what department or agency is the state medical examiner's office located?
Not applicable.
Are there deputies?
A county coroner shall appoint one or more deputies or investigators to be approved by the judge of the circuit or by any circuit judge presiding therein . . . S.C. Code Ann. § 17-5-70.
The medical examiner must, with the approval of the commission, employ such assistants as are necessary to carry out the purposes of this chapter. S.C. Code Ann. § 17-5-230.
[T]he medical examiner is empowered to employ with the approval of the commission qualified physicians on a full-time, part-time, or per diem basis . . . as deputy medical examiners . . . S.C. Code Ann. § 17-5-240.
If so, what are the deputies' roles?
When duly qualified, as herein required, the deputy coroner may do and perform any or all of the duties appertaining to the office of the coroner. S.C. Code Ann. § 17-5-70.
The medical examiner must, with the approval of the commission, employ such assistants as are necessary to carry out the purposes of this chapter. S.C. Code Ann. § 17-5-230.
[T]he medical examiner is empowered to employ with the approval of the commission qualified physicians on a full-time, part-time, or per diem basis who, as deputy medical examiners, must carry out the instructions of the medical examiner and act in his absence or disqualification. A deputy medical examiner may do and perform any or all of the duties appertaining to the office of the medical examiner. S.C. Code Ann. § 17-5-240.
What are the qualifications for deputies?
Deputy medical examiners must be qualified physicians. S.C. Code Ann. § 17-5-240.
Qualifications, term of office, and training
Is the coroner or medical examiner position elected?
Yes. S.C. Code Ann. § 17-5-10.
If so, how many years is the term of office?
Four. S.C. Code Ann. § 17-5-40.
What are the qualifications specified by law?
(A)(1) A coroner in this State shall have all of the following qualifications, the person shall:
(a) be a citizen of the United States;
(b) be a resident of the county in which the person seeks the office of coroner for at least one year before qualifying for the election to the office;
(c) be a registered voter;
(d) have attained the age of twenty-one years before the date of qualifying for election to the office;
(e) have obtained a high school diploma or its recognized equivalent by the State Department of Education; and
(f) have not been convicted of a felony offense or an offense involving moral turpitude contrary to the laws of this State, another state, or the United States.
(2) In addition to the requirements of subsection (A)(1), a coroner in this State shall have at least one of the following qualifications, the person shall:
(a) have at least three years of experience in death investigation with a law enforcement agency, coroner, or medical examiner agency;
(b) have a two-year associate degree and two years of experience in death investigation with a law enforcement agency, coroner, or medical examiner agency;
(c) have a four-year baccalaureate degree and one year of experience in death investigation with a law enforcement agency, coroner, or medical examiner agency;
(d) be a law enforcement officer, as defined by Section 23-23-10(E)(1), who is certified by the South Carolina LawEnforcement Training Council with a minimum of two years of experience;
(e) have completed a recognized forensic science degree or certification program or be enrolled in a recognized forensic science degree or certification program to be completed within one year of being elected to the office of coroner;
(f) be a medical doctor; or
(g) have a bachelor of science degree in nursing . . .
(C) Each person serving as coroner in the person's first term is required to complete a basic training session to be determined by the Department of Public Safety. This basic training session must be completed no later than the end of the calendar year following the person's election as coroner . . .
(D) A person holding the office of coroner or deputy coroner who was elected, appointed, or employed prior to January 1, 1994, and who has served continuously since that time shall attend a minimum of sixteen hours training annually as may be selected by the South Carolina Law Enforcement Training Council on or before December 31, 1995. Each year, all coroners and deputy coroners shall complete a minimum of sixteen hours training annually as selected by the council. Certification or records of attendance or training must be maintained as directed by the council . . .
S.C. Code Ann. § 17-5-130.
Investigations/autopsies
What types of deaths are required to be investigated?
(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;
(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(10) other than nursing homes, within twenty-four hours of entering a health care facility or within twenty-four hours after having undergone an invasive surgical procedure at the health care facility; a person having knowledge of the death immediately shall 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.
(B) The coroner or medical examiner shall make an immediate inquiry into the cause and manner of death . . .
S.C. Code Ann. § 17-5-530.
What types of deaths are required to be autopsied?
(A) In addition to the powers vested in other law enforcement officials to order an autopsy, the coroner or medical examiner is authorized to determine that an autopsy be made.
(B) The coroner or medical examiner immediately shall request an autopsy if a child's death occurs as defined in Section 17-5-540. The autopsy must be performed as soon as possible by a pathologist with forensic training.
S.C. Code Ann. § 17-5-520.
The coroner of the county in which a body is found dead or the solicitor of the judicial circuit in which the county lies shall order an autopsy or post-mortem examination to be conducted to ascertain the cause of death . . . S.C. Code Ann. § 17-7-10.
Does the state require that pathologists perform the autopsies?
No.
Disclaimer
Information available on this website that was not developed by the Centers for Disease Control and Prevention (CDC) does not necessarily represent any CDC policy, position, or endorsement of that information or of its sources. The information contained on this website is not legal advice; if you have questions about a specific law or its application you should consult your legal counsel.