Episode 9: Vital Info On Vital Records With Virginia Riley

In this episode of the Direct Examination Podcast, co-hosts Dane Phillips and Joseph Bias celebrate major announcements—including the arrival of co-host Amber Fulmer’s new baby, Evelyn “Evie” Fulmer, alongside birthdays for Dane and producer Brandy—before welcoming Virginia Riley, Assistant General Counsel at the South Carolina Department of Health and Environmental Control (DHEC). Virginia shares her career journey from clerking for Judge Keasley and prosecuting domestic violence cases in Aiken County to navigating public health law at DHEC. The conversation explores the role of DHEC’s Office of Vital Records, the legal mechanics of amending birth certificates, sex and gender marker changes, data sharing across state agencies, and practical advice for South Carolinians preparing for the Real ID deadline.

Key Topics Covered

  • Public Health Law vs. Health Care Law: Balancing individual civil liberties with the greater public good, including DHEC’s legal authority regarding communicable disease isolation and public health enforcement.

  • Function of DHEC’s Office of Vital Records: The repository for South Carolina birth, death, marriage, and divorce certificates, along with data-sharing initiatives across state agencies (e.g., DNR matching death records with hunting licenses).

  • Birth Certificate Amendments & Gender Marker Changes: DHEC’s four-part internal standard requiring a physician’s affidavit and court order to amend sex/gender markers on birth certificates.

  • Common Vital Record Pitfalls & Real ID: Historical handwritten errors, spelling mistakes, and the importance of auditing family birth certificates before applying for a Real ID.

  • Courtroom & Agency War Stories: An 11-year-old’s birth certificate gender amendment petition and a man who legally changed his first name to “Donkey” while keeping “Junior” to honor his father.

Transcript

Dane Phillips: Welcome y’all to the Direct Examination Podcast. I’m Dane Phillips.

Joseph Bias: And I’m Joseph Bias. Dane, how are you?

Dane Phillips: I’m amazing! I’m sitting here looking at you as you’re laughing at me because Brandy just said, “We’re going to start with eight seconds of silence,” and I just ripped right into it! (laughs)

Joseph Bias: Now people are going to think we need a moment of silence before each podcast! (laughs) But Dane, this is a huge week for the Direct Examination Podcast. Not only do we have another illustrious guest, but we have a massive announcement—the “P in the Pod” is officially here!

Dane Phillips: Outstanding announcement!

Joseph Bias: Amber Fulmer gave birth to baby Evelyn “Evie” Fulmer! We’ve seen the photos, and she is one of the cutest babies ever. We are so happy for Amber and Austin!

Dane Phillips: And Amber stayed on brand because she had her baby on the exact same birthday as my kid, just three years apart! (laughs)

Joseph Bias: The planning you guys put into this podcast is amazing! (laughs) Also, happy 35th birthday to Dane, and a happy birthday to our producer Brandy! I brought in a birthday cookie cake for us in the studio today!

Dane Phillips: Joseph has really stepped into that General Counsel role at Midlands Tech! (laughs)

Joseph Bias: I’m a man of the people! Now, let’s introduce our guest. Today we are joined by Virginia Riley from the Office of General Counsel at the South Carolina Department of Health and Environmental Control (DHEC). Virginia clerked for the Honorable Judge Keasley for two years, served as a prosecutor in Aiken County for five years specializing in domestic violence cases, and is now one of four attorneys supporting public health initiatives at DHEC. Virginia, welcome to the show!

Virginia Riley: Thank you all for having me!

Joseph Bias: Virginia, what made you transition from being a prosecutor in Aiken County to practicing public health law at DHEC?

Virginia Riley: I’ve always had an interest in health and medicine. When I was in college, I thought about medical school, but I realized I wanted to impact public health on a broader level rather than treating one patient at a time. After clerking for Judge Keasley and prosecuting domestic violence cases in Aiken—which I realized later was really a public health issue concerning domestic safety—my mom actually sent me a screenshot of the job posting at DHEC and said, “Did you write this description for yourself?” (laughs) I applied, got the job, and I’ve been at DHEC for three and a half years now.

Dane Phillips: How do you define public health law versus traditional healthcare law?

Virginia Riley: Healthcare law typically involves representing hospitals, providers, or handling medical malpractice. Public health law is fundamentally a creature of statute. It’s a constant balancing act between individual civil liberties and the greater public good. For instance, if someone is suspected of having a communicable disease like tuberculosis, we cannot isolate them until we have medical confirmation that they are actively contagious. Once that’s established, the scale tips in favor of public safety, and DHEC has the legal authority to enforce an isolation order.

Joseph Bias: Tell us about the Office of Vital Records at DHEC and what services it provides to South Carolinians.

Virginia Riley: Vital Records is the state repository for all birth certificates and death certificates, as well as marriage and divorce reports forwarded from county clerks. Beyond issuing certified copies, we also manage statistical data and data-sharing agreements across state agencies—such as cross-referencing death records with the Department of Natural Resources to ensure hunting licenses aren’t issued under deceased individuals’ names.

Dane Phillips: What are some of the most common issues or mistakes you see on birth certificates?

Virginia Riley: Historical handwritten errors are very common on older South Carolina birth certificates. Midwives or hospital staff might have misspelled a name or marked the wrong sex box by mistake. With the federal Real ID deadline approaching, a lot of South Carolinians are requesting their birth certificates for the first time in decades and discovering errors between their driver’s license, Social Security card, and birth record. I strongly urge everyone to request their official birth certificate early so any necessary amendments can be made.

Joseph Bias: What is DHEC’s process when someone seeks to amend the sex or gender marker on their birth certificate?

Virginia Riley: Because South Carolina statutes do not explicitly detail gender marker amendments on birth certificates, DHEC established a clear four-part internal legal standard. We require a sworn affidavit from a licensed medical doctor attesting to the medical transition factors, along with a formal court order from a judge making specific findings of fact.

Dane Phillips: At the end of every episode, we ask our guests for a war story. What’s one of your most memorable stories from working at DHEC?

Virginia Riley: We handle a lot of legal name changes when birth records don’t match someone’s adult documentation. My absolute favorite was a gentleman born in South Carolina who lived out of state. His legal name on his birth certificate was David Jr., named after his father. He petitioned the court for a legal name change because he didn’t feel his name reflected who he was—so he legally changed his first name to “Donkey,” but kept the “Junior”! (laughs)

Joseph Bias: So his legal name became “Donkey Jr.”?! (laughs)

Virginia Riley: Yes! He kept the “Junior” to honor his father, David Sr.! (laughs)

Dane Phillips: That is incredible! David Sr. must have been so proud! (laughs)

Joseph Bias: That is an elite war story! (laughs) Speaking of birth certificate errors, my own first name is actually misspelled on my official birth certificate, which I only discovered when applying for the Bar!

Dane Phillips: Is this a Catch Me If You Can situation?! Are you actually a lawyer, Joseph?! (laughs)

Joseph Bias: (laughs) The Bar let it slide after some paperwork! Virginia, thank you so much for joining us, sharing your expertise, and bringing light to the vital work done at DHEC.

Virginia Riley: Thank you both for having me!

Dane Phillips: Listeners, you can learn more about vital records at dhec.sc.gov or contact DHEC General Counsel at (803) 898-3350.

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