Senate Bill No. 638
(By Senator Bowman)
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[Introduced February 23, 1998; referred to the
Committee on Health and Human Resources; and then to the
Committee on Finance.]
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A BILL to repeal sections eighteen, eighteen-a and twenty-two,
article five, chapter sixteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; to amend
and reenact sections one, two, three, four, five, six,
seven, eight, nine, ten, eleven, twelve, twelve-a, twelve-b,
thirteen, fourteen, fifteen, sixteen, seventeen, eighteen-b,
nineteen, twenty, twenty-one, twenty-three, twenty-four,
twenty-five, twenty-six, twenty-seven, twenty-eight, twenty- nine, thirty, thirty-one, thirty-two, thirty-three, thirty- four and thirty-five of said article; and to further amend
said article by adding thereto three new sections,
designated sections nineteen-a, thirty-a and thirty-four-a,
all relating to definitions; vital statistics; statewide
system; establishment of section of vital statistics in division of health; rules of state department of health and
human resources; appointment of state registrar of vital
statistics; duties of state registrar of vital statistics;
enforcement of article; provision of information to local
health agencies; offices; delegation; registration
districts; appointment and removal of local registrars,
deputy local registrars and subregistrars; duties of local
registrars, deputy registrars and subregistrars;
compensation of local registrars; payment of fees to local
registrars; content of certificates and reports; birth
registration generally; registration of infants and minors
with specified birth defects; notation on birth records of
missing children; infants of unknown parentage; foundling
registration; delayed registration of births; judicial
procedure to establish facts of birth; certificates of
adoption; certificates of birth following adoption,
legitimation, paternity acknowledgment and court
determination of paternity; limitation on use of social
security numbers; death registration; delayed registration
of death; reports of fetal death; authorization for
disposition and disinterment and reinternment permits;
extension of time for filing certificates of death;
correction and amendment of vital records; reproduction and
preservation of records; disclosure of information from vital records or vital reports; copies from the system of
vital statistics; fees for copies and searches; persons
required to keep records; duty to furnish information
relative to vital events; matching of birth and death
certificates; penalties; uniform system of registration of
marriage, divorce and annulment of marriage; registration of
marriages; registration of divorces and annulments of
marriages; applicability to previously received certificates
and reports; and severability.
Be it enacted by the Legislature of West Virginia:
That sections eighteen, eighteen-a and twenty-two, article
five, chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be repealed; that sections
one, two, three, four, five, six, seven, eight, nine, ten,
eleven, twelve, twelve-a, twelve-b, thirteen, fourteen, fifteen,
sixteen, seventeen, eighteen-b, nineteen, twenty, twenty-one,
twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven,
twenty-eight, twenty-nine, thirty, thirty-one, thirty-two,
thirty-three, thirty-four and thirty-five of said article be
amended and reenacted; and that said article be further amended
by adding thereto three new sections, designated sections
nineteen-a, thirty-a and thirty-four-a, all to read as follows:
ARTICLE 5. VITAL STATISTICS.
§16-5-1. Definitions.
As used in this article:
"Date of filing" means the date a vital record is accepted
for registration by the section of vital statistics of the state
division of health.
a. "Dead body" means a lifeless human body or parts of such
body or bones thereof from the state of which it reasonably may
be concluded that death recently occurred.
b. "Fetal death" means death prior to the complete expulsion
or extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy, such death being
indicated by the fact that after such expulsion or extraction the
fetus does not breathe or show any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of voluntary muscles. "Beating of the heart" is to be
distinguished from transient cardiac contractions. "Breathe" is
to be distinguished from fleeting respiratory efforts or gasps.
c. "Filing" means the presentation of a certificate, report
or other record provided for in this article, of a birth, death,
fetal death, adoption, marriage, divorce or annulment, and
acceptance of a vital record or report provided for in this
article for registration by the division section of vital
statistics of the state department division of health.
d. "Final disposition" means the burial, interment,
cremation, removal from the state, or other authorized disposition of a dead body or fetus.
e. "Institution" means any establishment, public or private,
which provides inpatient or outpatient medical, surgical, or
diagnostic care or treatment, or nursing, custodial or
domiciliary care to two or more unrelated individuals or to which
persons are committed by law.
f. "Live birth" means the complete expulsion or extraction
from its mother of a product of human conception, irrespective of
the duration of pregnancy, which, after such expulsion or
extraction, breathes or shows any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of voluntary muscles, whether or not the umbilical cord
has been cut or the placenta is attached. "Beating of the heart"
is to be distinguished from transient cardiac contractions;
"Breathes" is to be distinguished from fleeting respiratory
efforts or gasps.
g. "Physician" means a person authorized or licensed to
practice medicine pursuant to article three or article fourteen,
chapter thirty of this code or osteopathy pursuant to the laws of
this state.
h. "Registration" means the acceptance by the division of
vital statistics, and the incorporation in its official records,
of certificates, reports, or other records provided for in this
article, of births, deaths, fetal deaths, adoptions, marriages, divorces and annulments.
"Registration" means the process by which vital records are
completed, filed, and incorporated into the official records of
the section of vital statistics.
i. "System of vital statistics" means the registration,
collection, preservation, amendment, certification of vital
statistics records; the collection of other reports required by
this article; and activities related thereto, including, but not
restricted to, the tabulation, analysis, publication, and
dissemination of statistical data derived from such records vital
statistics.
"Vital records" means certificates or reports and data
related to birth, death, and marriage, including divorce,
dissolution of marriage and annulment.
"Vital reports" means reports of fetal death and other
reports designated in this article and rules promulgated
thereunder and data related thereto.
j. "Vital statistics" means records of birth, death, fetal
death, marriage, divorce, annulment and data related thereto the
data derived from certificates and reports of birth, death, fetal
death, marriage, divorce, annulment and related reports.
k. "Local registrar" means the person appointed by the state
registrar of vital statistics for a county or other district to
perform the vital statistics functions specified to be performed in and for such county or other district.
l. "Deputy local registrar" means a person appointed by and
working under the supervision of a local registrar in the
discharge of the vital statistics functions specified to be
performed in and for the county or other district of such local
registrar.
m. "Subregistrar" means a person appointed, with the
approval of the state registrar of vital statistics, by and
working under the supervision of a local registrar in the
discharge of the vital statistics functions specified to be
performed in and for the county or other district of such local
registrar.
§16-5-2. Vital statistics; statewide system; establishment of
section of vital statistics in division of health.
The director of the department of health shall have general
supervision over the system of vital statistics, which shall be
under the immediate supervision of the state registrar of vital
statistics. The director shall provide for such clerical and
other assistants as may be necessary for the purposes of this
article. Suitable offices shall be provided at the seat of state
government and such offices shall be properly equipped with a
fire-proof vault and filing cases for the permanent and safe
preservation of all official records made, maintained or filed
under the provisions of this article.
There is hereby established in the state division of health
a section of vital statistics which shall install, maintain and
operate the only system of vital statistics throughout this
state. The section of vital statistics shall be provided with
sufficient staff, suitable offices, and other resources for the
proper administration of the system of vital statistics and for
the preservation and security of its official records.
§16-5-3. Rules of state department of health and human
resources.
The state board of health is authorized to adopt, amend and
repeal rules and regulations for the purpose of carrying out the
specific provisions of this article.
For the purpose of carrying out the provisions of this
article, the department of health and human resources is
authorized to adopt, amend and repeal rules in accordance with
the provisions of chapter twenty-nine-a of this code.
§16-5-4. Appointment of state registrar of vital statistics.
The state director of the department of health shall appoint
and prescribe the qualifications of the state registrar of vital
statistics. The director of the division of health shall
appoint, in accordance with applicable civil service laws and
rules, the state registrar of vital statistics, hereinafter
referred to as "state registrar."
§16-5-5. Duties of state registrar of vital statistics;
enforcement of article; provision of information to
local health agencies; offices; delegations.
a. (a) The state registrar of vital statistics shall:
(1) Administer and enforce the provisions of this article
and all other applicable laws of this state and all lawful rules
and regulations adopted and promulgated thereunder the
regulations issued hereunder and issue instructions for the
efficient administration of the system of vital statistics;
(2) Direct and supervise the statewide system of vital
statistics and the operation of the division section of vital
statistics, and act as custodian of its records;
(3) Direct, supervise and control the activities of local
registrars and the activities of public officers in relation to
the operation of the vital statistics system and provide them
with the postage necessary for them to carry out their duties
under this article;
(3) Direct, supervise and control the activities of all
persons when they are engaged in activities pertaining to the
operation of the system of vital statistics;
(4) Prescribe, provide and distribute, subject to the rules
and regulations promulgated by the board of health, all forms
necessary to carry out the provisions of this article and of the rules and regulations adopted and promulgated thereunder; and
(4) Conduct training programs to promote uniformity of
policy and procedures throughout the state in matters pertaining
to the system of vital statistics;
(5) Prescribe, with the approval of the division of health,
furnish, and distribute such forms as are required by this
article and the rules issued hereunder, or prescribe such other
means for transmission of data as will accomplish the purpose of
complete and accurate reporting and registration;
(5) (6) Prepare and publish annual reports of vital
statistics of this state, and such other reports as may be
required by the director of the state division of health;
department
(7) Provide to local health agencies copies of or data
derived from certificates and reports required under this article
as the state registrar determines are necessary for local health
planning and program activities. The state registrar shall
establish a schedule with each local health agency for
transmittal of the copies or data. The copies or data remain the
property of the section of vital statistics, and the uses that
may be made of them are governed by the state registrar; and
(8) Offer voluntary paternity establishment services.
b. The state registrar of vital statistics may delegate such
functions and duties as are hereby vested in him to officers and employees of the division of vital statistics and to local
registrars as the state registrar may deem necessary or
expedient.
(b) The state registrar may establish or designate offices
in the state as provided by regulation to aid in the efficient
administration of the system of vital statistics.
(c) The state registrar may delegate such functions and
duties vested in the state registrar to employees of the section
of vital statistics and to employees of any office established or
designated under subsection (b), section five of this article.
c. (d) The state registrar, either personally or by a duly
delegated representative, shall have authority to investigate
cases of irregularity or violation of law arising under the
provisions of this article, and all local registrars, deputy
local registrars and subregistrars employees of any office
established or designated under subsection (b), section five of
this article shall aid him the state registrar upon request, in
such investigations. When he shall deem the state registrar
deems it necessary, he the state registrar shall report cases of
violation of any of the provisions of this article to the
prosecuting attorney of the county, with a statement of the facts
and circumstances. When any such case is reported to him the
prosecuting attorney by the state registrar, the prosecuting
attorney shall forthwith initiate and promptly prosecute the necessary court proceedings against the person or corporation
responsible for the alleged violation of law. Upon request of
the state registrar, the attorney general shall assist in the
enforcement of the provisions of this article.
§16-5-6. Registration districts.
For the purposes of this article, subject to the rules and
regulations promulgated by the state board department of health
and human resources, the director of the state division of health
department may establish registration districts throughout the
state. The director may eliminate, or change the boundaries of,
any district and may consolidate two or more districts or
subdivide any district to facilitate registration.
§16-5-7. Appointment and removal of local registrars, deputy
local registrars and subregistrars.
a. (a) The state registrar of vital statistics shall appoint
a local registrar and the local registrar may appoint one or more
deputy local registrars of vital statistics for each registration
district.
b. (b) When it appears necessary for the convenience of the
people in any district the local registrar may, with the approval
of the state registrar, appoint one or more persons to act as
subregistrars.
c. (c) The state registrar may remove a local registrar, a deputy local registrar, or a local subregistrar for reasonable
cause.
§16-5-8. Duties of local registrars, deputy registrars and
subregistrars.
a. (a) A local registrar, with respect to his or her
registration district, shall:
(1) Administer and enforce the provisions of this article
and all instructions, rules and regulations adopted and
promulgated pursuant thereto;
(2) Require that certificates be completed and filed in
accordance with provisions of this article and the rules and
regulations adopted and promulgated pursuant thereto;
(3) Transmit, by mail or an approved electronic process, on
the first and fifteenth day of each month or as soon as possible
thereafter, the certificates, reports or other returns filed with
him or her to the state registrar of vital statistics, or
transmit the same more frequently when directed to do so by the
state registrar; and
(4) Maintain such records, make such reports and perform
such other duties as may be required by the state registrar of
vital statistics.
b. (b) In accordance with rules and regulations adopted and
promulgated pursuant to this article, the deputy local registrar
shall perform the duties of the local registrar in the absence or incapacity of such local registrar and shall perform such other
duties as may be prescribed.
c. (c) Subregistrars shall perform such duties as may be
prescribed by rules and regulations adopted and promulgated
pursuant to this article.
§16-5-9. Compensation of local registrars.
a. (a) Each local registrar shall be paid the sum of one
dollar for each certificate of birth, death, or fetal death
registered by him or her and transmitted to the state registrar
of vital statistics in accordance with the rules and regulations
adopted and promulgated pursuant to this article.
b. (b) If no birth, death or fetal death is registered by
him or her during any calendar month, the local registrar shall
report that fact to the state registrar of vital statistics and
be paid the sum of one dollar for such report.
c. (c) No compensation shall be paid under this section to
any full-time employee of any state or local governmental unit or
body. Where such employee is designated to serve, and serves, as
a local registrar, the compensation provided by this section
shall be paid to the governmental unit or body by which such
local registrar is employed.
§16-5-10. Payment of fees to local registrars.
The state registrar of vital statistics shall certify at the
end of each quarter of the calendar year, to the county courts commissions of the several counties, the number of births, fetal
deaths and deaths properly registered with the names of the local
registrars and the amounts due each. All amounts payable to a
local registrar under the provisions of this section shall be
paid by the treasurer of the county in which the registration
district is located, upon the order of the county court
commission such county issued upon such certification by the
state registrar of vital statistics. Where a local registrar is
a full-time employee of any state or local governmental unit or
body, the state registrar shall so state in his or her
certification, and, in such case, the county court commission
shall make payment, pursuant to section nine of this article, to
the governmental unit or body by which such registrar is
employed.
§16-5-11. Content of certificates and reports.
a. (a) In order to promote and maintain uniformity in the
system of vital statistics, the forms of certificates, reports
and other returns required by this article, or by rules and
regulations adopted and promulgated thereunder, shall include as
a minimum (in addition to the items required by the laws of this
state) the items recommended by the federal agency responsible
for national vital statistics, subject to the approval of, and to
modification by, the state board division of health.
b. Each certificate, report and form required to be filed under this article shall have entered upon its face the date of
registration, duly attested.
(b) Each certificate, report, and other document required by
this article shall be prepared in the format approved by the
state registrar.
(c) All vital records shall contain the date of filing.
(d) Information required in certificates, forms, records, or
reports authorized by this article may be filed, verified,
registered, and stored by photographic, electronic, or other
means as prescribed by the state registrar.
§16-5-12. Birth registration generally.
(a) A certificate of birth for each live birth which occurs
in this state shall be filed with the local registrar of the
district in which the birth occurs within seven days after such
birth and shall be registered by such registrar if it has been
completed and filed in accordance with this section. When a
birth occurs in a moving conveyance, a birth certificate shall be
filed in the district in which the child is first removed from
the conveyance. When a birth occurs in a district other than
where the mother resides, a birth certificate shall be filed in
the district in which the child is born and in the district in
which the mother resides.
(a) A certificate of birth for each live birth which occurs
in this state shall be filed with the section of vital statistics, or as otherwise directed by the state registrar,
within five days after the birth and shall be registered if it
has been completed and filed in accordance with this section.
(b) When a birth occurs in an institution, the person in
charge of the institution or his designated representative shall
obtain the personal data, prepare the certificate, secure the
signatures required for the certificate and file it with the
local registrar. The physician in attendance shall certify to
the facts of birth and provide the medical information required
for the certificate within five days after the birth.
(b) When a birth occurs in an institution or en route
thereto, the person in charge of the institution or his or her
authorized designee shall obtain the personal data, prepare the
certificate, certify that the child was born alive at the place
and time and on the date stated either by signature or by an
approved electronic process and file the certificate as directed
in subsection (a) of this section. The physician or other person
in attendance shall provide the medical information required by
the certificate within seventy-two hours after the birth.
(c) When a birth occurs outside an institution, the
certificate shall be prepared and filed by one of the following
in the indicated order of priority in accordance with rules
promulgated by the department of health and human resources:
(1) The physician in attendance at or immediately after the birth, or in the absence of such a person;
(2) Any other person in attendance at or immediately after
the birth, or in the absence of such a person; or
(3) The father, the 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.
(d) The department of health and human resources shall by
rule determine the evidence required to establish the facts of
birth.
(e) When a birth occurs on a moving conveyance within the
United States and the child is first removed from the conveyance
in this state, the birth shall be registered in this state, and
the place where it is first removed shall be considered the place
of birth. When a birth occurs on a moving conveyance while in
international waters or air space or in a foreign country or its
air space and the child is first removed from the conveyance in
this state, the birth shall be registered in this state, but the
certificate shall show the actual place of birth insofar as can
be determined.
(f) For the purposes of birth registration, the mother is
deemed to be the woman who gives birth to the child, unless
otherwise provided by state law or determined by a court of
competent jurisdiction prior to the filing of the birth
certificate. The information about the father shall be entered as provided in subsection (g) of this section.
(d) (g) (1) If the mother was married either at the time of
either conception or birth, or between conception and birth, the
name of the husband shall be entered on the certificate as the
father of the child, unless paternity has been determined
otherwise by a court of competent jurisdiction. in which case
the name of the father as determined by the court shall be
entered
(e) (2) If the mother was not married either at the time of
either conception or birth, or between conception and birth, the
name of the father shall not be entered on the certificate of
birth without the written consent of the mother and of the person
to be named as the father unless a determination of paternity has
been made by a court of competent jurisdiction, in which case the
name of the father as determined by the court shall be entered
an affidavit of paternity signed by the mother and the person to
be named as the father.
(3) In any case in which paternity of a child is determined
by a court of competent jurisdiction, the name of the father and
surname of the child shall be entered on the certificate of birth
in accordance with the finding and order of the court.
(4) If the father is not named on the certificate of birth,
no other information about the father may be entered on the
certificate.
(5) Affidavits referenced in this section shall be filed
with the state registrar.
(f) (h) Either of the parents of the child shall sign the
certificate of live birth to attest to the accuracy of the
personal data entered thereon, verify the accuracy of the
personal data to be entered on the certificate in time to permit
its filing within the seven five days prescribed above.
(i) Certificates of birth filed after five days, but within
one year from the date of birth shall be registered on the
standard form of live birth certificate in the manner prescribed
above. These certificates may not be marked "Delayed." The
state registrar may require additional evidence in support of the
facts of birth.
(g) (j) In order that each county may have a complete record
of the births occurring in said county, the local registrar shall
transmit by mail or an approved electronic process each month to
the county clerk of his each county the copies of the
certificates of all births occurring in said county or the data
extracted therefrom, from which copies the clerk shall compile a
record records of such births and shall enter the same in a
systematic and orderly way in a well-bound register of births,
which said register create an index to the birth records that
shall be a matter of public record. Provided, That such copies
and register shall not state that any child was either legitimate or illegitimate The form of said register index of births shall
be prescribed by the state registrar of vital statistics.
(h) (k) On and after the first day of November, one thousand
nine hundred ninety, in addition to the personal data furnished
for the certificate of birth issued for a live birth in
accordance with the provisions of this section, a person whose
name is to appear on such certificate of birth as a parent shall
contemporaneously furnish to the person preparing and filing the
certificate of birth the social security account number (or
numbers, if the parent has more than one such number) issued to
the parent. A record of the social security number or numbers
shall be filed with the local registrar of the district in which
the birth occurs within seven five days after such birth, and the
local registrar shall transmit such number or numbers to the
state registrar of vital statistics in the same manner as other
personal data is transmitted to the state registrar.
§16-5-12a. Registration of infants and minors born with
specified birth defects.
(a) When a live birth occurs, the physician or midwife in
attendance at, or present immediately after, the birth shall
examine the infant for any of the following birth defects:
(1) Anencephaly;
(2) Spina bifida;
(3) Hydrocephaly;
(4) Cleft palate;
(5) Total cleft lip;
(6) Esophageal atresia and atenosis;
(7) Rectal and anal atresia;
(8) Hypospadias;
(9) Reduction and deformity - upper limb;
10) Reduction and deformity - lower limb;
(11) Congenital dislocation of the hip;
(12) Down's syndrome;
(13) Visual impairments; and
(14) Others as may be requested by the director of health.
(b) If any such impairment is found in an infant, and/or if
such impairment is found or in any subsequent examination of any
minor which has not been previously diagnosed, the examining
physician, midwife or other health care provider licensed under
chapter thirty of the code shall within thirty days of the
examination make a report of the diagnosis to the state registrar
of vital statistics on forms provided by the state registrar of
vital statistics. The report shall include the name of the
child, the name or names of the parents or parent or guardian and
a description of the impairment.
(c) The information received by the state registrar pursuant
to this section pertaining to the identity of the persons named
shall be kept confidential: Provided, That if consent of the parents, or if only one of the parents exists, of the a parent or
of the guardian is obtained, the registrar may provide such
information to the division of health, the division of human
resources services, the department of education, the division of
vocational rehabilitation services, and the school West Virginia
schools for the deaf and the blind so that such information can
be utilized to provide assistance or services for the benefit of
the child.
(d) The commission on the hearing impaired West Virginia
commission for the deaf and the hard-of-hearing as provided for
in section one, article fourteen, chapter five of this code shall
develop and provide a form, to every physician or midwife
attending a birth or providing medical care to a newborn infant,
which assists the physician or midwife in collecting information
from the infant's family about the infant's potential for a
hearing impairment. The form shall identify an infant with a
hearing impairment or at risk of developing a hearing impairment.
For purposes of this section, an infant with a hearing impairment
is a child at birth with a significant hearing loss which
prevents the acquisition of speech and language through normal
channels. An infant at risk of being hearing impaired is a child
at birth who is at a higher risk than normal of being hearing
impaired due to one or more of the following factors present at
birth:
(1) Family history of a congenital hearing loss;
(2) Rubella or virus during pregnancy;
(3) Congenital ear, nose or throat anomalies;
(4) Below normal birth weight;
(5) Abnormal level of jaundice;
(6) Anoxia or apnea; and
(7) A low APGAR score derived from the evaluation of the
infant's color, muscle tone, reflexes, pulse rate and
respiration.
(e) If any such hearing impairment or risk of hearing
impairment is found in an infant, and/or if such impairment or
risk of hearing impairment is found or in any subsequent
examination of any minor which has not been previously diagnosed,
the examining physician or midwife shall within thirty days of
the examination make a report of the diagnosis to the commission
on the hearing impaired West Virginia commission for the deaf and
hard-of-hearing on the forms provided by the commission. on the
hearing impaired The report shall include the name of the child,
the name or names of the parents or parent or guardian and a
description of the hearing impairment or of the risk of hearing
impairment.
§16-5-12b. Notation on birth records of missing children.
Upon receiving a report of the disappearance of any child
born in this state, the state registrar shall indicate in a clear and conspicuous manner in the child's birth record or by an
electronic process that the child has been reported as missing,
including the title and location of the law-enforcement agency
providing the report. Upon receiving a request for any birth
records containing a report of the disappearance of any child,
the state registrar shall immediately notify the local
law-enforcement agency which provided the missing child report.
The state registrar shall transmit any relevant information
concerning the applicant's identity, address and other pertinent
data immediately to the relevant local law-enforcement agency.
The state registrar shall retain the original written request
until notified of the missing child's recovery or the child
attains the age of eighteen. Upon notification that any missing
child has been recovered, the state registrar shall remove the
report of the disappearance from the child's birth record. The
provisions of this section shall be implemented by the first day
of July, one thousand nine hundred ninety-three.
§16-5-13. Infants of unknown parentage; foundling registration.
a. (a) Whoever assumes the custody of a living live-born
infant of unknown parentage shall report, on a form and in the a
manner prescribed by the state registrar of vital statistics,
within seven five days of the date of such assumption of custody,
to the local registrar of the district in which the child was
found, the following information:
(1) The date and place city or county, or both, of finding;
(2) Sex color or race and approximate age birth date of
child;
(3) Name and address of the persons person with whom or the
institution with which the child has been placed for care; and
(4) Name given to the child by the custodian of the child;
and
(4) (5) Other data required by rules and regulations adopted
and promulgated pursuant to this article the state registrar.
b. (b) The place where the child was found shall be entered
as the place of birth. and the date of birth shall be determined
by approximation
c. (c) A report registered under this section shall
constitute the certificate of birth for the infant child.
d. (d) If the child is identified and a certificate of birth
is found or obtained, any the report registered under this
section shall be sealed and filed and may be opened only by order
of a court of record of competent jurisdiction or as may be
provided by lawful rule and regulation adopted and promulgated
pursuant to this article placed in a special file and shall not
be subject to inspection except upon order of a court of
competent jurisdiction or as provided by rule.
§16-5-14. Delayed registration of births.
(a) When the birth of a person born in this state has not been registered within the time period provided in section twelve
of this article, a certificate may be filed in accordance with a
legislative rule promulgated by the state board of health in
accordance with the provisions of chapter twenty-nine-a of this
code. Such certificate shall be registered subject to such
evidentiary requirements as the state board of health shall by
rule prescribe to substantiate the alleged facts of birth.
(a) When a certificate of birth of a person born in West
Virginia has not been filed within one year, a delayed
certificate of birth may be filed in accordance with rules of the
department of health and human resources. No delayed certificate
may be registered until the evidentiary requirements as specified
in rules have been met.
(b) Certificates A certificate of birth registered one year
or more after the date of occurrence shall be marked "Delayed"
and shall show on their face the date of the delayed registration
registered on a delayed birth certificate of birth form, and it
shall show on its face the date of registration. The delayed
certificate shall contain a summary statement of the evidence
submitted in support of the delayed registration.
(c) A summary statement of the evidence submitted in support
of the delayed registration shall be endorsed on the certificate.
(c) No delayed birth certificate may be registered for a
deceased person.
(d) (1) When an applicant as defined by rule does not submit
the minimum documentation required in the rules for delayed
registration or when the state registrar of vital statistics
finds reason has cause to question the validity or adequacy of
the certificate applicant's sworn statement or the documentary
evidence, and if the deficiencies are not corrected, the state
registrar of vital statistics shall not register the delayed
certificate of birth and shall advise the applicant in writing of
the reasons for this action of his or her right to seek an order
from a court of competent jurisdiction.
(2) The state board department of health and human resources
may by legislative rule promulgated in accordance with the
provisions of chapter twenty-nine-a of this code provide for the
dismissal of an application which is not actively prosecuted
pursued.
(e) On and after the first day of November, one thousand
nine hundred ninety, in addition to the required documentation
and other data furnished in an application for a delayed
registration of birth in accordance with the provisions of this
section, a person whose name is to appear on the certificate of
birth as a parent shall contemporaneously furnish with the
application the social security account number (or numbers, if
the parent has more than one such number) issued to the parent.
§16-5-15. Judicial procedure to establish facts of birth.
(a) If a delayed certificate of birth is refused under the
provisions of section fourteen of this article, a petition If
the state registrar refuses to file a certificate of birth under
the provisions of section twelve or fourteen of this article, a
petition signed and sworn to by the petitioner may be filed in
the circuit court of the county in which the petitioner resides
or in the circuit court of Kanawha County for an order
establishing a record of the date and place of the birth and the
parentage of the person whose birth is to be registered.
(b) Such petition shall be made on a form prescribed and
furnished or approved by the state registrar and shall allege:
(1) That the person for whom a delayed registration
certificate of birth is sought was born in this state;
(2) That no record certificate of birth of such person can
be found in the section of vital statistics office of the state
or the office of any local custodian of birth records
certificates;
(3) That diligent efforts by the petitioner have failed to
obtain the evidence required in accordance with section twelve or
fourteen of this article and of any rules and regulations adopted
and promulgated thereunder pursuant thereto;
(4) That the state registrar of vital statistics has refused
to register a delayed file a certificate of birth; and
(5) Such other allegations as may be required. by the court
(c) The petition shall be accompanied by a copy of the
statement of the state registrar reasons of the registration
official made in accordance with subsection (d)(1), section
sections twelve or fourteen of this article and by all
documentary evidence which was submitted to the registration
official state registrar in support of such registration.
(d) The court shall fix a time and place for hearing the
petition and shall require that the petitioner give the
registration official who refused to register the petitioner's
delayed certificate of birth state registrar not less than twenty
days' notice of said hearing. Such official The state
registrar, or his authorized representative, may appear and
testify in the proceeding.
(e) If the court finds from the evidence presented that the
person for whom a delayed certificate of birth is sought was born
in this state, it shall make findings as to the place and date of
birth, parentage, and such other findings as the case may require
be required and shall issue an order, setting forth the
information required under the provisions of this article on a
form prescribed and furnished or approved by the state registrar,
to establish a record of birth. This order shall include the
birth date data to be registered, a summary statement description
of the evidence presented, and the date of the court's action.
(f) The clerk of the court shall forward each such order to the state registrar of vital statistics not later than the tenth
day of the calendar month following the month in which it was
entered. Such order shall be registered by the state registrar
of vital statistics and shall constitute the court order record
certificate of birth. from which copies may be issued in
accordance with the provisions of this article
(g) Any judgment shall be final unless reversed, vacated or
modified on appeal, and any appeal shall be sought in the manner
and within the time provided by law for appeals in other civil
cases.
(h) On and after the first day of November, one thousand
nine hundred ninety, in addition to the evidence presented to
establish a record court order certificate of birth in accordance
with the provisions of this section, a person whose name is to
appear on the delayed court order certificate of birth as a
parent shall furnish to the clerk of the circuit court the social
security account number (or numbers, if the parent has more than
one such number) issued to the parent. A record of the social
security number or numbers shall be forwarded to the state
registrar of vital statistics along with the order establishing
a record court order certificate of birth, as provided for in
subsection (f) of this section.
§16-5-16. Certificates of adoption.
(a) In conformance with the provisions of section ten, article four, chapter forty-eight of this code, any court in this
state entering an order of adoption shall require the preparation
by the clerk of the court of a certificate of adoption on a form
prescribed and furnished by the state registrar of vital
statistics. Such certificate shall include the factual
information described in section ten, article four, chapter
forty-eight of this code; shall provide such additional
information as may be required under legislative rules duly
adopted pursuant to this article to establish a new certificate
of birth of the person adopted; shall identify the order of
adoption; and shall be certified by the clerk of court.
(a) For each adoption decreed by a court of competent
jurisdiction in this state, the court shall require the
preparation of a certificate of adoption on a form prescribed and
furnished by the state registrar. The certificate of adoption
shall include such facts as are necessary to locate and identify
the certificate of birth of the person adopted or, in the case of
a person who was born in a foreign country, evidence from sources
determined to be reliable by the court as to the date and place
of birth of that person; provide information necessary to
establish a new certificate of birth of the person adopted; shall
identify the order of adoption; and be certified by the clerk of
court.
(b) Information in the possession of the petitioner necessary to prepare the certificate of adoption shall be pleaded
in the petition for adoption or shall be furnished to the clerk
of the court by the petitioner for adoption at the time the
petition is filed furnished by each petitioner for adoption or
the petitioner's attorney. Any social service or welfare agency
or other any person concerned with the adoption shall supply the
petitioner with such information in the possession of such agency
or person as may be necessary to complete the certificate having
knowledge of the facts shall supply the court with such
additional information as may be necessary to complete the
certificate of adoption. The provision of this information is
prerequisite to the issuance of a final decree in the matter by
the court.
(c) Whenever an adoption order or decree is amended, or
vacated, or annulled, the clerk of the court shall prepare a
certificate report thereof, which shall include such facts as are
necessary to identify the original adoption certificate of
adoption and the facts amended in the adoption order or decree
which are required as may be necessary to properly amend the
birth record.
(d) Not later than the tenth day of each calendar month, the
clerk of the court shall forward to the state registrar of vital
statistics certificates of adoption a report and reports of all
orders or decrees of adoption and of annulments or amendments thereof, entered in the preceding month, together with such
related certificates and reports as may be required under the
provisions of this article the state registrar may require.
(e) When the state registrar of vital statistics shall
receive a record certificate of adoption, or of an annulment or
an amendment of an order or decree of adoption from a court for
a person born outside of this state, such record shall be
forwarded to the appropriate registration authority in the state
of birth report of annulment of adoption, or amendment of a
decree of adoption for a person born outside West Virginia, the
state registrar shall forward the certificate or report to the
state registrar in the state of birth.
(f) If the birth occurred in a foreign country, and the
child was not a citizen of the United States at the time of
birth, the state registrar shall prepare a "Certificate of
Foreign Birth" as provided by subsection (h), section seventeen
of this article. If the child was born in Canada, the state
registrar shall also send a copy of the certificate of adoption,
report of annulment of adoption, or amendment of a decree of
adoption to the appropriate registration authority in that
country.
(g) If the child was born in a foreign country but was a
citizen of the United States at the time of birth, the state
registrar shall not prepare a "Certificate of Foreign Birth" but shall notify the adoptive parents of the procedures for obtaining
a revised birth certificate for their child through the United
States department of state.
(f) (h) On and after the first day of November, one thousand
nine hundred ninety, in addition to the information pleaded or
furnished in accordance with the provisions of subsection (b) of
this section, each person whose name is to appear on the
certificate of adoption as a parent, whether as an adoptive
parent or as a natural parent who joins in the adoption without
relinquishing parental rights, shall furnish to the clerk of the
circuit court the social security account number (or numbers, if
the parent has more than one such number) issued to the parent.
A record of the social security number or numbers shall be
forwarded to the state registrar of vital statistics along with
the certificate of adoption, as provided for in subsection (d) of
this section.
§16-5-17. Certificates of birth following adoption,
legitimation, paternity acknowledgment and court
determination of paternity.
(a) Whenever a judgment has been entered determining the
paternity of a child, the clerk of the court shall prepare a
certificate on a form prescribed and furnished by the state
registrar of vital statistics. The certificate shall include such facts as are necessary to locate and identify the
certificate of birth of the person whose paternity is determined;
shall provide information necessary to establish a new
certificate of birth of the person whose paternity is determined;
and shall identify the action and be certified by the clerk of
court.
(a) The state registrar shall establish a new certificate of
birth for a person born in West Virginia when the state registrar
receives the following:
(1) A certificate of adoption as provided in section sixteen
of this article or a certificate of adoption prepared and filed
in accordance with the laws of another state or foreign country,
or a certified copy of the decree of adoption, together with the
information necessary to identify the original certificate of
birth and to establish a new certificate of birth, except a new
certificate of birth may not be established if so requested by
the court decreeing the adoption, the adoptive parents or the
adopted person; or
(2) A request that a new certificate be established as
prescribed by rule and such evidence as required by rule proving
that such person has been legitimated, or that a court of
competent jurisdiction has determined the paternity of that
person, or that both parents have acknowledged the paternity of
that person and request that the surname be changed from that shown on the certificate.
(b) When a new certificate of birth is established, the
actual city, county and date of birth shall be shown. The new
certificate shall be substituted for the original certificate of
birth in the files, and the original certificate of birth and the
evidence of adoption, legitimation, court determination of
paternity or paternity acknowledgment may not be subject to
inspection except upon order of a court of competent jurisdiction
or as provided by rule or as otherwise provided by state law.
(c) Upon receipt of a report of an amended decree of
adoption, the certificate of birth shall be amended as provided
by rule.
(d) Upon receipt of a report or decree of annulment of
adoption, the original certificate of birth shall be restored to
its place in the files and the new certificate and evidence may
not be subject to inspection except upon order of a court of
competent jurisdiction or as provided by rule.
(e) Upon written request of both parents and receipt of a
sworn acknowledgment of paternity signed by both parents of a
child born out of wedlock, the state registrar shall reflect the
paternity on the certificate of birth in the manner prescribed by
rule if paternity is not already shown on the certificate of
birth.
(f) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this
section, and the date and place of birth have not been determined
in the adoption or paternity proceedings, a delayed certificate
of birth shall be filed with the state registrar as provided in
sections fourteen or fifteen of this article before a new
certificate of birth is established. The new birth certificate
shall be prepared on the delayed birth certificate form.
(g) When a new certificate of birth is established by the
state registrar, all copies of the original certificate of birth
in the custody of any other custodian of vital records in this
state shall be sealed from inspection or forwarded to the state
registrar, as the state registrar directs.
(h) The state registrar shall upon request, prepare and
register a certificate in this state for a person born in a
foreign country who is not a citizen of the United States and who
was adopted through a court of competent jurisdiction in this
state. The certificate shall be established upon receipt of a
certificate of adoption from the court decreeing the adoption,
proof of the date and place of the child's birth, and a request
from the court, the adopting parents or the adopted person is
eighteen years of age or over that the certificate be prepared.
The certificate shall be labeled "Certificate of Foreign Birth"
and shall show the actual country of birth. A statement shall
also be included on the certificate indicating that it is not evidence of United States citizenship for the child for whom it
is issued. After registration of the birth certificate in the
new name of the adopted person, the state registrar shall seal
and file the certificate of adoption that may not be subject to
inspection except upon order of a court of competent jurisdiction
or as provided by rule or as otherwise provided by state law.
(b) (i) Not later than the tenth day of each calendar month,
the clerk of the court shall forward to the state registrar of
vital statistics certificates of paternity entered in the
preceding month, together with such related reports as the state
registrar of vital statistics shall require.
(c) (j) On and after the first day of November, one thousand
nine hundred ninety, in addition to providing the information
necessary to establish a new certificate of birth of the person
whose paternity has been determined, in accordance with the
provisions of subsection (a) of this section, a person whose name
is to appear on the certificate of paternity as a parent shall
furnish to the clerk of the circuit court the social security
account number (or numbers, if the parent has more than one such
number) issued to the parent. A record of the social security
number or numbers shall be forwarded to the state registrar of
vital statistics along with the certificate of paternity, as
provided for in subsection (b) (i) of this section.
§16-5-18b. Limitation on use of social security numbers.
A social security account number obtained in accordance with
the provisions of this article with respect to the filing of:
(1) A certificate of birth; (2) an application for a delayed
registration of birth; (3) a judicial order establishing a record
of birth; (4) an adoption order or decree; or (5) a certificate
of paternity shall not be transmitted to a the clerk of the
county commission. Such social security account number shall not
appear upon the public record of the register of births or upon
any certificate of birth registration issued by the state
registrar, local registrar, county clerk or other issuing
authority, if any. Such social security account numbers shall be
made available by the state registrar to the child support
enforcement division created by chapter forty-eight-a upon the
request of the division advocate office upon its request, to be
used solely in connection with the enforcement of child support
orders. Furthermore, the social security account numbers may be
utilized by the section of vital statistics in accordance with
rules promulgated by the department of health and human resources
which are to be in compliance with regulations prescribed by the
secretary of health and human services of the United States.
§16-5-19. Death registration.
(a) A death certificate of death for each death which occurs
in this state shall be filed with the local registrar of the
registration district in which the death occurs section of vital statistics, or as otherwise directed by the state registrar,
within three five days after such death, and prior to removal of
the body from the state final disposition, and shall be
registered by such registrar if it has been completed and filed
in accordance with this section. Provided, That
(1) If the place of death is unknown, a death certificate
shall be filed in the registration district in which a dead body
is found within three days after the finding; but the dead body
is found in this state, the certificate of death shall be
completed and filed in accordance with this section. The place
where the body was found shall be shown as the place of death.
If the date of death is unknown, it shall be determined by
approximation. If the date cannot be determined by
approximation, the date found shall be entered and identified as
such.
(2) If When death occurs in a moving conveyance in the
United States and the body is first removed from the conveyance
in this state, the death shall be registered in this state and
the place where it is first removed shall be considered the place
of death. When a death occurs on a moving conveyance while in
international waters or air space or in a foreign country or its
air space and the body is first removed from the conveyance in
this state, the death shall be registered in this state but the
certificate shall show the actual place of death insofar as can be determined. a death certificate shall be filed in the
registration district in which the dead body is first removed
from such conveyance; and
(3) If the death occurs in a district other than where the
deceased resided, a death certificate shall be filed in the
registration district in which the death occurred and in the
district in which the deceased resided.
(3) In all other cases, the place where death is pronounced
shall be considered the place where death occurred.
(b) The funeral director or person acting for him as such
who first assumes custody of a the dead body shall file the death
certificate of death. He or she shall obtain the necessary
personal data from the next of kin or the best qualified person
or source available and shall obtain the medical certification
from the person responsible therefor. The funeral director or
person acting for him as such shall obtain the medical
certification of the cause of death from the person responsible
for making such certification provide the death certificate
containing sufficient information to identify the decedent to the
certifier within forty-eight hours after death. The personal
data obtained shall include the deceased person's social security
number or numbers. The social security account number of an
individual who has died shall be placed in the records relating
to the death and shall be recorded on the death certificate. A record of the social security number or numbers shall be filed
with the local registrar of the district in which the deceased
person resided within seven days after the death, and the local
registrar shall transmit such number or numbers to the state
registrar of vital statistics in the same manner as other
personal data is transmitted to the state registrar.
(c) The medical certification shall be completed and signed
within twenty-four forty-eight hours after death receipt of the
death certificate by the physician in charge of the patient's
care for the illness or condition which results resulted in death
except when inquiry is required pursuant to chapter sixty-one,
article twelve or other applicable provisions of this code. In
the absence of the physician or with the physician's approval,
the certificate may be completed by the physician's associate
physician, the chief medical officer of the institution in which
death occurred, or the physician who performed an autopsy upon
the decedent, provided the individual has access to the medical
history of the case, and death is due to natural causes. The
person completing the cause of death shall attest to its accuracy
either by signature or by an approved electronic process.
(d) When death occurs without medical attendance and inquiry
is not required pursuant to chapter sixty-one, article twelve or
other applicable provisions of this code, the local health
officer shall investigate the cause of death and complete and sign the medical certification within twenty-four forty-eight
hours after receiving notice of the death.
(e) When death occurs in a manner subject to investigation,
the coroner or other officer or official charged with the legal
duty of making such investigation shall investigate the cause of
death and shall complete and sign the medical certification
within twenty-four hours after making determination of the cause
of death.
(e) When inquiry is required pursuant to article twelve,
chapter sixty-one, or other applicable provisions of this code,
the medical examiner in the jurisdiction where death occurred or
the body was found shall determine the cause of death and shall
complete the medical certification within forty-eight hours after
taking charge of the case.
(f) When death occurs in an institution and the person
responsible for the completion of the medical certification is
not available to pronounce death, another physician or other
designated medical personnel at the institution who views the
body may pronounce death, attest to the pronouncement by
signature or an approved electronic process, and, with the
permission of the person responsible for the medical
certification, release the body to the funeral director or person
acting as such. The funeral director or person acting as such
must in all cases obtain the medical certification from the person responsible for its completion or obtain assurance that
the medical certification has been provided to the state
registrar by an approved electronic process.
(g) If the cause of death cannot be determined within the
time prescribed, the medical certification shall be completed as
provided by regulation. The attending physician or medical
examiner shall give the funeral director or person acting as such
notice of the reason for the delay, and final disposition of the
body shall not be made until authorized by the attending
physician or medical examiner.
(h) Upon receipt of autopsy results or other information
that would change the information in the cause-of-death section
of the death certificate from that originally reported, the
certifier shall immediately file a supplemental report of cause
of death with the section of vital statistics to amend the
record.
(i) When death is presumed to have occurred within this
state but the body cannot be located, a death certificate may be
prepared by the state registrar only upon receipt of an order of
a court of competent jurisdiction which shall include the finding
of facts required to complete the death certificate. Such a
death certificate shall be marked "Presumptive" and shall show on
its face the date of death as determined by the court and the
date of registration, and shall identify the court and the date of the decree.
(f) (j) In order that each county may have a complete record
of the deaths occurring in said county, the local registrar shall
transmit each month to the county clerk of his or her county a
copy of the certificates of all deaths occurring in said county,
and if any person shall die in a county other than that county
within the state in which such person last resided prior to
death, then the state registrar shall, if possible, also furnish
a copy of such death certificate listing of the deaths to the
clerk of the county commission of the county wherein such person
persons last resided, from which copies listing the clerk shall
compile a record of such deaths and shall enter the same in a
systematic and orderly way in a well-bound register of deaths for
that county, which such register shall be a public record. The
form of said death register shall be prescribed by the state
registrar of vital statistics.
§16-5-19a. Delayed registration of death.
(a) When the death occurring in this state has not been
registered within the time period described by section nineteen
of this article, a certificate of death may be filed in
accordance with rules of the department of health and human
resources. The certificate shall be registered subject to such
evidentiary requirements as the department of health and human
resources shall by rule prescribe to substantiate the alleged facts of death.
(b) When an applicant does not submit the minimum
documentation required in the rule for delayed registration or
when the state registrar has cause to question the validity or
adequacy of the applicant's sworn statement or the documentary
evidence and if the deficiencies are not corrected, the state
registrar may not register the delayed certificate of death but
shall advise the applicant of the reasons for this action and
further advise the applicant of the applicant's right to seek an
order from a court of competent jurisdiction.
(c) Certificates of death registered one year or more after
the date of death shall be marked "Delayed" and shall show on
their face the date of the delayed registration.
§16-5-20. Reports of fetal death.
a. A fetal death certificate for each fetal death which
occurs in this state after a gestation period of twenty completed
weeks shall be filed with the local registrar of the registration
district in which the delivery occurs within three days after
such delivery and prior to removal of the fetus from the state,
and shall be registered with such registrar if it has been
completed and filed in accordance with this section: Provided,
That
(1) If the place of fetal death is unknown, a fetal death
certificate shall be filed in the registration district in which a dead fetus is found within three days after the finding; and
(2) If a fetal death occurs in a moving conveyance, a fetal
death certificate shall be filed in the registration district in
which the fetus is first removed from such conveyance.
b. The funeral director or person acting for him who first
assumes custody of a fetus shall file the fetal death
certificate. In the absence of such a person, the physician or
other person in attendance at or after the delivery shall file
the certificate of fetal death. The person filing such
certificate shall obtain the personal data from the next of kin
or the best qualified person or source available and shall obtain
the medical certification of the cause of death from the person
responsible for making such certification.
c. The medical certification shall be completed and signed
within twenty-four hours after delivery by the physician in
attendance at or after delivery except when inquiry is required
by chapter sixty-one, article twelve or other applicable
provision of this code.
d. When a fetal death occurs without medical attendance for
the mother at or after delivery and an inquiry is not required by
chapter sixty-one, article twelve or other applicable provision
of this code, the local health officer shall investigate the
cause of fetal death and shall complete and sign the medical
certification within twenty-four hours after receiving notice of the delivery.
e. When the coroner or other officer or official charged
with the legal duty of making such investigation shall
investigate a fetal death as required by chapter sixty-one,
article twelve or other applicable provision of this code, he
shall complete and sign the medical certification within twenty-
four hours after making determination of the cause of such fetal
death.
(a) Each fetal death of three hundred fifty grams or more,
and if weight is unknown, of twenty completed weeks of gestation
or more, calculated from the date last normal menstrual period
began to the date of delivery, which occurs in this state shall
be reported within five days after delivery to the section of
vital statistics or as otherwise directed by the state registrar,
except for the following: (1) When a fetus is delivered in an
institution, the person in charge of the institution or his or
her designated representative shall prepare and file the report;
(2) when a fetus is delivered outside an institution, the
physician in attendance at or immediately after delivery shall
prepare and file the report; and (3) when a fetal death required
to be reported by this section occurs without medical attendance
at or immediately after the delivery, and when inquiry is
required pursuant to article twelve, chapter sixty-one or other
applicable provisions of this code, the medical examiner shall investigate the cause of fetal death and shall prepare and file
the report within five days.
(b) When a fetal death required to be reported by this
section occurs without medical attendance at or immediately after
the delivery, and when inquiry is not required pursuant to
article twelve, chapter sixty-one or other applicable provisions
of this code, the local health officer shall investigate the
cause of fetal death and shall prepare and file the report within
five days.
(c) When a fetal death occurs in a moving conveyance and the
fetus is first removed from the conveyance in this state or when
a fetus is found in this state and the place of death is unknown,
the fetal death shall be reported in this state. The place where
the fetus was first removed from the conveyance or the fetus was
found shall be considered the place of fetal death.
§16-5-21. Authorization for disposition and disinterment and
reinternment permits.
a. (a) The funeral director or person acting for him as such
who first assumes custody of a dead body or of a fetus which has
died after a gestation period of twenty completed weeks shall,
obtain a burial or transit permit prior to final disposition or
removal from the state of the body or fetus and within seventy- two hours after death shall, prior to final disposition of the
body, obtain authorization for final disposition of the body. The physician or medical examiner when certifying the cause of
death also shall authorize final disposition of the body on a
form or in a format prescribed by the state registrar. If the
body is to be cremated, additional authorization for cremation
must be obtained from the medical examiner on a form or in a
format prescribed by the state registrar.
b. Such burial or transit permit shall be issued by the
local registrar of the district where the certificate of death or
fetal death is filed in accordance with the requirements of
section nineteen or section twenty of this article.
(b) Prior to final disposition of a fetus, irrespective of
the duration of pregnancy, the funeral director, the person in
charge of the institution, or other person assuming
responsibility for final disposition of the fetus shall obtain
from a parent authorization for final disposition. The
authorization shall be on a form or in a format prescribed by the
state registrar.
(c) With the consent of the physician or medical examiner
who is to certify to the cause of death, a dead body may be moved
from the place of death for the final purpose of being prepared
for disposition.
c. (d) A burial or transit permit An authorization for
disposition issued under the law of another state which
accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this
state.
(e) No sexton or other person in charge of any place in
which interment or other disposition of dead bodies is made may
inter or allow interment or other disposition of a dead body or
fetus unless it is accompanied by authorization for final
disposition.
(f) Each person in charge of any place for final disposition
shall include in the authorization the date of disposition and
shall return all authorizations to the funeral director or person
acting as such within ten days after the date of disposition.
Each person in charge of any place for final disposition shall
keep a record of all bodies interred or otherwise disposed of on
the premises under his or her charge, which record shall contain
the name of the deceased person, place of death, date of burial
or disposal, name and address of the funeral director or person
acting for the funeral director, and such other information as
may be required by rule duly adopted pursuant to this article.
The record shall at all times be open to official inspection.
When there is no person in charge of the place for final
disposition, the funeral director or person acting as funeral
director shall complete the authorization and write across the
face of the authorization "No person in charge." At the close
of each month the funeral director or person acting as the funeral director shall transmit to the state registrar, in the
state where the death occurred, all authorizations received
during the month.
d. (g) A permit Authorization for disinterment and
reinternment shall be required prior to disinterment of a dead
body or fetus except as authorized by rule and regulation or
otherwise provided by law or by order of a court having
jurisdiction with respect thereto. Such permit authorization
shall be issued by the local registrar to a licensed funeral
director, embalmer or other persons acting on their behalf, upon
proper application.
e. The form and contents of burial, transit and disinterment
and reinternment permits shall be prescribed by the state
registrar of vital statistics in conformance with the provisions
of subdivision (4), subsection a, section five of this article.
§16-5-23. Extension of time for filing certificates of death,
etc.
a. (a) The state board department of health and human
resources shall, by rule and regulation and upon such conditions
as it may prescribe to assure compliance with the purposes of
this article, provide for the extension of the periods prescribed
in sections nineteen, twenty and twenty-one of this article for
the filing of death certificates of death, reports of fetal
death, certificates medical certifications of the cause of death, and for the obtaining of burial or transit permits authorization
for disposition, in cases in which compliance with the applicable
prescribed period would result in undue hardship.
b. (b) Rules and regulations of the state board department
of health and human resources shall provide for the issuance of
a burial or transit permit authorization for disposition under
section twenty-one of this article prior to the filing of a
certificate of death or fetal death upon conditions designed to
assure compliance with the purposes of this article in cases in
which compliance with the requirement that the certificate be
filed prior to the issuance of the permit would result in undue
hardship.
§16-5-24. Correction and amendment of vital records.
(a) A certificate or record report registered pursuant to
under this article may be amended only in accordance with the
provisions of this article and rules and regulations duly adopted
thereunder by the department of health and human resources to
protect the integrity and accuracy of vital records.
(b) A certificate or report that is amended under this
section shall be marked "amended," indicate that it has been
amended, except as hereinafter otherwise provided in this
subsection and in subsection (d) of this section or by rule. The
date of amendment and a summary description of the evidence
submitted in support of the amendment shall be endorsed on or made a part of the record. A record shall be maintained which
identifies the evidence upon which the amendment was based, the
date of the amendment, and the identity of the person making the
amendment. The state board department of health and human
resources shall prescribe by rule and regulation the conditions
under which additions or minor corrections shall may be made to
birth certificates or records within one year after the date of
birth of the event without the certificate or record being
considered or marked as amended indicating that it has been
marked amended. The state board department of health and human
resources shall also prescribe by legislative rule promulgated in
accordance with the provisions of chapter twenty-nine-a of this
code a simplified procedure for the correction of any certificate
or record registered pursuant to this article which is deficient
in any particular, including, but not limited to, the omission or
misspelling of a first name, and such rule and regulation shall
specify when and under what circumstances a certificate or record
so corrected shall be considered or marked as amended.
(c) Upon receipt of a certified copy of a court order of a
court of competent jurisdiction changing the name of a person
born in this state, which order was made and entered in a
proceeding brought for that purpose, and upon request of such
person or his or her parent parents, guardian, or legal
representative, the state registrar of vital statistics shall amend the certificate of birth to reflect the new name.
(d) Upon receipt of a certified copy of an order of a court
of competent jurisdiction indicating the sex of an individual
born in this state has been changed by surgical procedure and
whether such individual's name has been changed, the certificate
of birth of the individual shall be amended as prescribed by
rule.
(d) (e) Upon request, and upon receipt of a sworn
acknowledgment of paternity of a child born out of wedlock signed
by both parents, the state registrar of vital statistics shall
amend the certificate of birth to show such paternity if
paternity is not shown on the birth certificate. Upon request of
both of the parents, the surname of the child shall be changed on
the certificate to that of the father. Such certificate shall
not be marked "amended."
(f) When an applicant does not submit the minimum
documentation required in the rules for amending a vital record
or when the state registrar has cause to question the validity or
adequacy of the applicant's sworn statements or the documentary
evidence, and if the deficiencies are not corrected, the state
registrar may not amend the vital record but shall advise the
applicant of the reasons for this action and further advise the
applicant of the right to seek an order from a court of competent
jurisdiction.
(e) (g) When a certificate or report is amended under this
section by the state registrar, the state registrar of vital
statistics shall report the amendment to any other the custodian
of any permanent local records the vital record and such their
record shall be amended accordingly.
(h) When an amendment is made to a certificate of marriage
or record of divorce or annulment by the local official issuing
the marriage license or the court which ordered the decree of
divorce or annulment, copies of such amendment shall be forwarded
to the state registrar.
(f) (i) On and after the first day of November, one thousand
nine hundred ninety, in addition to providing the information
necessary to amend a certificate or record in accordance with the
provisions of this section, a person whose name is to appear on
the amended certificate as a parent shall furnish to the person
receiving the information the social security account number (or
numbers, if the parent has more than one such number) issued to
the parent. A record of the social security number or numbers
shall be forwarded to the state registrar of vital statistics
along with the information required for the amended certificate.
§16-5-25. Reproduction and preservation of records.
To preserve vital records and other original documents, the
state registrar of vital statistics is hereby authorized to
prepare typewritten, photographic, electronic or other reproductions of certificates or reports original records and
files in his office the section of vital statistics. Such
reproductions when verified and approved certified by him the
state registrar shall be accepted as the original record records,
and the documents from which permanent reproductions have been
made may be disposed of as provided by rule.
§16-5-26. Disclosure of information from vital records or vital
reports.
In accordance with section twenty-seven of this article and
the rules adopted pursuant thereto:
a. (a) To protect the integrity of vital statistics records
or vital reports, to insure ensure their proper use, and to
insure ensure the efficient and proper operation of the vital
statistics system, it shall be is unlawful for any person to
permit inspection of, confidential information or to disclose,
confidential information contained in vital statistics records or
in vital reports, or to copy or issue a copy of all or part of
any such confidential information record or report, except as
unless authorized by law this article, by rule or by order of a
court having jurisdiction with respect thereto or by rule and
regulation duly adopted under the provisions of this article of
competent jurisdiction. Rules adopted under this section shall
provide for adequate standards of security and confidentiality of
vital records.
b. The state board of health may by rule and regulation
authorize the disclosure of confidential data contained in vital
statistics records for statistical research purposes.
(b) Disclosure to researchers of information that may
identify any person named in any vital record or report may be
made only pursuant to rules that require submission of written
requests for information and execution of research agreements
that protect the confidentiality of the information provided.
The agreements shall prohibit the release by the researcher of
any information that might identify any person other than
releases that may be provided for in the agreement. For purposes
of this article, research means a systematic investigation
designed primarily to develop or contribute to generalizable
knowledge. Nothing in this article prohibits the release of
information or data that would not identify any person named in
a vital record or report.
c. Information in vital statistics records indicating that
a birth occurred out of wedlock shall not be disclosed except as
provided by rule and regulation duly adopted or upon order of a
court having jurisdiction with respect thereto.
d. (c) Appeals from decisions of the custodians of permanent
local records refusing to disclose confidential information, or
to permit inspection of or copying of confidential information
under the authority of this section and rules and regulations issued hereunder shall be made to the state registrar of vital
statistics, whose decisions shall be binding upon the local
custodians of permanent local records.
(d) When seventy-five years have elapsed after the date of
birth, or twenty-five years have elapsed after the date of death,
marriage, or divorce or annulment, the records of these events in
the custody of the state registrar and local custodians shall
become available to the public without restriction, except for
the release of social security numbers, in accordance with rules
that shall provide for the continued safekeeping of the records.
(e) The federal agency responsible for national vital
statistics may be furnished such copies of records, reports, or
data from the system of vital statistics as it may require for
national statistics. To furnish such records, reports, or data
the department of health and human resources shall enter into an
agreement with the federal agency indicating the statistical or
research purposes for which records, reports, or data may be
used. The agreement will also set forth the support to be
provided by the federal agency for the collection, processing,
and transmission of such records, reports or data. Upon written
request, the state registrar may approve, in writing, additional
statistical or research uses of the records, reports or data
supplied under the agreement.
(f) Federal, state and local governmental agencies may, upon request, be furnished copies of records or data from the system
of vital statistics, provided that such copies or data shall be
used solely in the conduct of their official duties.
(g) The state registrar may, by agreement, transmit copies
of records and other reports required by this article to offices
of vital statistics outside this state when such records or other
reports relate to residents of those jurisdictions or persons
born in those jurisdictions. The agreement shall specify the
statistical and administrative purposes for which the records may
be used and the agreement shall further provide instructions for
the proper retention and disposition of the copies. Copies
received by the section of vital statistics from offices of vital
statistics in other states shall be handled in the same manner as
prescribed in this section.
§16-5-27. Copies from the system of vital statistics.
In accordance with section twenty-five twenty-six of this
article and the rules and regulations adopted pursuant thereto:
a. The state registrar of vital statistics shall upon
request issue a certified copy of all or any part of any
certificate or record in his custody. Each copy issued shall
show the date of registration, and copies issued from records
marked "delayed," "amended," or "court order" shall be similarly
marked and shall show the effective date of the delayed
registration, amendment or court order.
(a) The state registrar and other custodians of vital
records authorized by the state registrar to issue certified
copies shall, upon receipt of an application, issue a certified
copy of a vital record in his or her custody or a part thereof to
the registrant, his or her spouse, children, or their respective
authorized representative. Others may be authorized to obtain
certified copies when they demonstrate that the record is needed
for the determination or protection of his or her personal or
property right. The department of health and human resources may
adopt rules to further define those who may obtain copies of
vital records filed under this article.
(b) All forms and procedures used in the issuance of
certified copies of vital records in the state shall be approved
by the state registrar. All certified copies of certificates of
birth issued shall have security features that deter the document
from being altered, counterfeited, duplicated or simulated
without ready detection.
(c) Each copy or abstract issued shall show the date of
registration, and copies or abstracts issued from records marked
"Amended" shall be similarly marked and, when possible, show the
effective date. Copies issued from records marked "Delayed"
shall be similarly marked and shall include the date of
registration and a description of the evidence used to establish
the delayed certificate. Any copy issued of a "Certificate of Foreign Birth" shall indicate the foreign birth and show the
actual place of birth and the statement that the certificate is
not proof of United States citizenship for the adoptive child.
b. (d) A certified copy of a certificate vital record or any
part thereof, issued in accordance with subdivision (a)
subdivisions (a), (b) and (c) of this section, shall be
considered for all purposes the same as the original, and shall
be prima facie evidence of the facts stated therein: stated
Provided, That the evidentiary value of a certificate or record
filed more than one year after the event, or a record which has
been amended, or a certificate of foreign birth, shall be
determined by the judicial body or administrative body or
official before whom the certificate is offered as evidence.
(e) Nothing in this section may be construed to permit
disclosure of information contained in the "Information for
Medical and Health Use Only" section of the birth certificate or
the "Information for Statistical Purposes Only" section of the
certificate of marriage or certificate of divorce or annulment
unless specifically authorized by the state registrar for
statistical or research purposes. This data may not be subject
to subpoena or court order before a court hearing.
(f) When the state registrar receives information that a
certificate may have been registered through fraud or
misrepresentation, the state registrar shall withhold issuance of any copy of that certificate. The state registrar shall inform
the registrant or the registrant's authorized representative of
the right to request a hearing by the director of health in
accordance with the division of health's rules of procedure for
contested case hearings and declaratory rulings and article five,
chapter twenty-nine-a of this code. The secretary of the
department of health and human resources may on his or her
initiative authorize the state registrar or another person to
hold an investigation or hearing with the authority of and in
accordance with section sixteen, article one of this chapter to
determine if fraud or misrepresentation has occurred. If upon
conclusion of a hearing or investigation no fraud or
misrepresentation is found, copies may be issued. If fraud or
misrepresentation is found by a preponderance of the evidence,
the state registrar shall remove the certificate from the file.
The certificate and evidence shall be retained but may not be
subject to inspection or copying except upon order of a court of
competent jurisdiction or by the state registrar for purposes of
prosecution or administration of the vital statistics program.
c. The national office of vital statistics may be furnished
such copies of or data from state vital statistics records as it
may require for national statistics: Provided, That the state
shall be reimbursed for the cost of furnishing such data:
Provided, however, That such data shall not be used for other than statistical purposes by the national office of vital
statistics unless so authorized by the state board of health.
d. Federal, state, local and other public or private
agencies may, upon request, be furnished copies of or data from
state vital statistics for statistical purposes upon such terms
or conditions as may be prescribed by the state board of health.
e. (g) No person shall prepare or issue any certificate
which purports to be an original, certified copy, or copy of a
certificate of birth, death, or fetal death vital record, except
as authorized by this article, or by rules and regulations duly
adopted thereunder. Provided, That the foregoing provisions of
this subdivision shall not be construed as in any way prohibiting
or infringing upon the right and duty of a county clerk to
furnish a certified copy of any records in his lawful custody.
§16-5-28. Fees for copies and searches.
(a) The state director of the department division of health
shall prescribe the fees, if any, to be charged and collected by
the state registrar of vital statistics, for certified copies of
certificates or records, not to exceed five dollars per copy, or
for a search of the files or records when no copy is made:
Provided, That the state registrar shall, upon request of any
parent or guardian, supply without fee a certificate limited to
a statement as to the date of birth of any child when the same
shall be necessary for admission/ to school, or for the purpose of securing employment: Provided, however, That the state
registrar may furnish certified copies of birth and death records
to the state welfare department agencies, and to organized
charities, free of charge, when such certificates are needed in
presenting claims to the federal government, or to the state
department of welfare for public assistance, and an accurate
record shall be made of all such certificates so furnished.
(b) After the first day of July, one thousand nine hundred
eighty-two, and subject to the provisions set forth in section
two, article two, chapter twelve of this code, there is
established in the state treasury a separate account which shall
be designated "the vital statistics account."
The director of health shall promptly deposit two three
fifths of all fees received under the provisions of this section
to the vital statistics account. The director of health shall
promptly deposit three two fifths of all fees received under the
provisions of this section to the general revenue fund account.
The director of health is authorized to expend the moneys
deposited in the vital statistics account in accordance with the
laws of this state as is necessary to implement this article.
The Legislature shall appropriate all moneys in the vital
statistics account as part of the annual state budget beginning
with the fiscal year one thousand nine hundred eighty-three --
eighty-four.
The director shall make an annual report to the Legislature
on the vital statistics account, including the previous fiscal
year's expenditures and projected expenditures for the next
fiscal year.
§16-5-29. Persons required to keep records.
a. (a) Every person in charge of an institution as defined
in this article shall keep a record of personal data concerning
each person admitted to or confined in to such institution.
containing such information as is required by the standard
certificate of birth, death, and fetal death forms issued under
the provisions of this article The record shall include such
information as required for the certificates of birth and death
and the reports of fetal death required by this article. The
record shall be made at the time of admission from information
provided by such the person being admitted or confined, but when
it cannot be so obtained, the same information shall be obtained
from relatives or other persons acquainted with the facts. The
name and address of the person providing the information shall be
a part of the record.
b. (b) When a dead human body or fetus is released or
disposed of by an institution, the person in charge of the
institution shall keep a record showing the name of the deceased
decedent, date of death, name and address of the person to whom
the body or fetus is released, and date of removal from the institution. or if finally disposed of If final disposition is
made by the institution, the date, place and manner of
disposition shall also be recorded.
c. (c) A funeral director, embalmer, sexton or other person
who removes from the place of death or transports or finally
disposes makes final disposition of a dead body or fetus, in
addition to filing any certificate or other form report required
by this article or rules promulgated hereunder, shall keep a
record which shall identify the body, and such information
pertaining to his or her receipt, removal, and delivery, burial
or cremation of such body as may be prescribed by rules and
regulations duly adopted by the state board department of health
and human resources.
d. (d) Records maintained under this section shall be
retained for a period of not less than three years and shall be
made available for inspection by the state registrar of vital
statistics or his or her representative upon request.
§16-5-30. Duty to furnish information relative to vital events.
a. (a) Any person having knowledge of any fact required to
be recorded under the provisions of this article or any rules and
regulations duly adopted thereunder, or knowledge of which by the
state registrar of vital statistics is necessary to effectuate
the purposes of this article, regarding any birth, death, fetal
death, marriage, or divorce or annulment, upon demand of the state registrar shall furnish information of such fact to the
state registrar of vital statistics upon request.
(b) Any person or institution that in good faith provides
information required by this article or rules may not be subject
to any action for damages.
(c) Not later than the tenth day of the month following the
month of occurrence, the administrator of each institution shall
send to the section of vital statistics a list showing all
births, deaths and fetal deaths occurring in that institution
during the preceding month. These lists shall be on forms
provided or approved by the state registrar.
(d) Not later than the tenth day of the month following the
month of occurrence, each funeral director shall send to the
section of vital statistics a list showing all dead bodies
embalmed or otherwise prepared for final disposition, or dead
bodies finally disposed of, by the funeral director during the
preceding month. This list shall be made on forms provided or
approved by the state registrar.
§16-5-30a. Matching of birth and death certificates.
To protect the integrity of vital records and to prevent the
fraudulent use of birth certificates of deceased persons, the
state registrar is hereby authorized to match birth and death
certificates, in accordance with rules that require proof beyond
a reasonable doubt of the fact of death, and to post the facts of death to the appropriate birth certificate. Copies issued from
birth certificates marked deceased shall be similarly marked.
§16-5-31. Penalties.
a. (a) A person is guilty of a felony and, upon conviction
thereof, shall be fined not more than ten thousand dollars or
imprisoned in a state correctional facility not more than five
years, or both fined and imprisoned, for commission of any of the
following:
(1) Any person who Willfully and knowingly makes any false
statement in a report, record, or certificate required to be
filed under this article, or in an application for an amendment
thereof, or who willfully and knowingly supplies false
information intending that such information be used in the
preparation of any such report, record or certificate, or
amendment thereof, or in an application for a certified copy of
a vital record;
(2) Any person who Without lawful authority and with the
intent to deceive, makes, counterfeits, alters, amends or
mutilates any record, report, or certificate required to be filed
under this article, or any certified copy of such record, report
or certificate; or
(3) Any person who Willfully and knowingly obtains,
possesses, uses, sells, furnishes or attempts to obtain, possess,
use, sell or furnishes furnish or attempts to furnish to another for use, for any purpose of deception, any certificate, record,
or report, required by this article or certified copy thereof so
made, counterfeited, altered, amended or mutilated, or that is
false in whole or in part, or that relates to the birth of
another person, whether living or deceased; or
(4) Any person who with the intention to deceive wilfully
uses or attempts to use any certificate of birth or certified
copy of a record of birth knowing that such certificate or
certified copy was issued upon a record which is false in whole
or in part or which related to the birth of another person; or
(4) Willfully and knowingly as an employee of the section of
vital statistics or any office designated under subsection (b),
section five of this article, furnishes or processes a
certificate of birth, or certified copy of certificate of birth,
with the knowledge or intention that it be used for the purposes
of deception; or
(5) Any person who wilfully and knowingly furnishes a
certificate of birth or certified copy of a record of birth with
the intention that it be used by a person other than the person
to whom the record of birth relates, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be punished by
a fine of not more than one thousand dollars or by imprisonment
for not more than one year, or by both such fine and
imprisonment.
(5) Without lawful authority possesses any certificate,
record or report, required by this article or a copy or a
certified copy of such certificate, record or report knowing it
to have been stolen or otherwise unlawfully obtained.
b. (b) A person is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than one thousand
dollars, or confined in the county or regional jail not more than
one year, or both fined and confined, for commission of any of
the following:
(1) Any person who Willfully and knowingly transports or
accepts for transportation, interment or other disposition a dead
body without an accompanying permit as provided in this article;
or
(2) Any person who Willfully and knowingly refuses to
provide information required by this article or rules adopted
hereunder; or
(3) Any person who Willfully and knowingly neglects or
violates any of the provisions of this article or refuses to
perform any of the duties imposed upon him or her. by this
article, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be punished by a fine of not less than twenty-five
dollars nor more than one hundred dollars or by imprisonment for
not more than thirty days, or by both such fine and imprisonment
§16-5-32. Uniform system of registration of marriage, divorce and annulment of marriage.
To the end that an efficient and uniform system of
registration of marriage, divorce and annulment of marriage shall
be established in this state, the state registrar of vital
statistics shall provide for the registration of each marriage,
divorce and annulment of marriage which shall occur in this
state. In so doing, the state director of health subject to
rules and regulations promulgated by the board department of
health and human resources shall have the authority and duty to:
a. (a) Install a statewide system of registering, indexing,
and preserving records of marriage, divorce and annulment of
marriage;
b. (b) Make and amend necessary rules, and regulations, give
instructions, and prescribe and furnish forms, for collecting,
transcribing, compiling and preserving records and statistics of
marriage, divorce and annulment of marriage; and
c. (c) Make and publish a statistical report of marriage,
divorce and annulment of marriage in this state.
§16-5-33. Registration of marriages.
All marriages taking place within the state shall be
registered with the state registrar of vital statistics in the
following manner:
a. (a) On or before the tenth day of each month, the county
clerk of each county shall forward to the state registrar a report of all marriage records made by him or her during the
previous month, in such form and setting forth such information
as may be prescribed by rule and regulation duly adopted pursuant
to this article; and
b. (b) The state registrar shall preserve and index all
records thus received and shall upon request issue a certified
copy of the same, which shall be prima facie evidence in all
courts in the state of the facts stated therein.
§16-5-34. Registration of divorces and annulments of marriages.
a. (a) The clerk of every court of record having
jurisdiction of actions for divorce or annulment of marriage
shall monthly make and deliver to the state registrar of vital
statistics a report on a form prescribed by the state registrar
of vital statistics, listing all of the divorces or annulments of
marriages granted by such court during the preceding calendar
month, showing insofar as such information appears in the
complaint or final order or decree:
(1) The names and ages of the parties to the action;
(2) The date and place of the marriage thereby terminated;
(3) The names of said parties' children under the age of
eighteen years; and
(4) The date of the final order or decree:
Provided, That in counties where the court is not in continuous
session these reports shall be forwarded within ten days following the close of the term of the court.
b. (b) The state registrar shall search his or her files of
reports of divorce and annulment of marriage upon receipt of
written request and a fee of one dollar. If the record is found,
he or she shall verify the facts of the divorce or annulment of
marriage in writing to the applicant and shall notify the
applicant of the place where the original record is found.
c. (c) Failure of the clerk of the court to comply with the
provisions of subsection a (a) hereof of this section shall in no
way affect the validity of any final judgment, order or decree of
divorce or annulment of marriage.
§16-5-34a. Applicability to previously received certificates
and reports.
The provisions of this article also apply to all
certificates of birth, death, marriage, and divorce or annulment
and reports of fetal death previously received by the section of
vital statistics and in the custody of the state registrar or any
other custodian of vital records.
§16-5-35. Severability.
If any provision of this article or the application thereof
to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of the article
which can be given effect without the invalid provision or application, and to this end the provisions of this article are
declared to be severable.
NOTE: The purpose of this bill is to provide a more
effective and efficient operation of the state's vital statistics
system and to make the system more consistent with national model
legislation. The fraction of fees collected that are deposited
to the vital statistics account is changed from two-fifths to
three-fifths.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Sections 19a, 30a, and 34a are new; therefore, strike- throughs and underscoring have been omitted.