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S.D. Codified Laws § 34-25-21

Notice of death without attending physician, physician assistant, or nurse practitioner--Preparation of medical certificate--Violation as misdemeanor

Applied in 1 court decision — leading case State v. Koerner (1999)

Most recently applied in State v. Koerner (December 1999)

Source: SDC 1939, § 27.0209; SL 1968, ch 113; SL 1974, ch 55, § 34; SL 1985, ch 280; SL 1993, ch 253, § 6; SL 2003, ch 186, § 3; SL 2017, ch 171, § 50; SL 2019, ch 153, § 2.

If a death occurs without the attendance of a licensed physician, physician assistant, or certified nurse practitioner, the person in charge of the body shall notify the county coroner and sheriff of the death. Upon notification, the county coroner shall complete the medical certificate from the statement of relatives or other persons having adequate knowledge 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, unless an autopsy or investigation is pending, in which case the pending autopsy or investigation shall be noted on the medical certificate. In the absence of a coroner or deputy coroner, or if the coroner is unable to act, and only in such case, the local registrar shall prepare the medical certificate from the statement of relatives or other person having knowledge of the facts.

Unless good cause is shown, a person in charge of a body who fails to notify the county coroner and sheriff of the death no later than twenty-four hours following the death is guilty of a Class 2 misdemeanor.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.