Arizona Secretary of State - Ken Bennett


 
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TITLE 9. HEALTH SERVICES

CHAPTER 19. DEPARTMENT OF HEALTH SERVICES
VITAL RECORDS AND STATISTICS

ARTICLE 1. ADMINISTRATIVE ORGANIZATION, DUTIES AND PROCEDURES

Section

R9-19-101. Definitions

R9-19-102. Expired

R9-19-103. Expired

R9-19-104. Duties of local registrars

R9-19-105. Removal of local registrars

R9-19-106. Vital record forms

R9-19-107. Expired

R9-19-108. Unacceptable forms

R9-19-109. Review and transmittal procedures for forms

R9-19-110. Expired

R9-19-111. Local registrar's responsibility to review death certificates for medical examiner referral

R9-19-112. Expired

R9-19-112.01. Amendments to Birth or Death Certificates by County Registrars

R9-19-113. Expired

R9-19-114. Correction and amendment of vital records after official acceptance of certificate

R9-19-115. Classification of changes to correct or amend vital records

R9-19-116. Authority to request changes on certificate

R9-19-117. Documentary evidence requirements

R9-19-118. Changes on birth and fetal death certificates

R9-19-119. Expired

R9-19-120. Changes on a delayed birth certificate

R9-19-121. Repealed

R9-19-122. Repealed

R9-19-123. Repealed

R9-19-124. Repealed

R9-19-125. Repealed

R9-19-126. Repealed

R9-19-127. Repealed

R9-19-128. Repealed

R9-19-129. Repealed

R9-19-130. Repealed

R9-19-131. Repealed

R9-19-132. Renumbered

R9-19-133. Renumbered

R9-19-134. Renumbered

R9-19-135. Renumbered

R9-19-136. Renumbered

R9-19-137. Renumbered

R9-19-138. Repealed

R9-19-139. Renumbered

R9-19-140. Renumbered

R9-19-141. Renumbered

R9-19-142. Repealed

R9-19-143. Renumbered

R9-19-144. Renumbered

R9-19-145. Renumbered

R9-19-146. Renumbered

ARTICLE 2. DUTIES REGARDING LIVE BIRTHS

Section

R9-19-201. Registration of live births

R9-19-202. General requirements regarding late birth certificates

R9-19-203. Expired

R9-19-204. Expired

R9-19-205. Application for delayed birth registration

R9-19-206. General requirements for delayed birth registration

R9-19-207. Documentary requirements for delayed birth registration

R9-19-208. Cancellation of a delayed birth certificate; duties of State Registrar

R9-19-209. Renumbered

ARTICLE 3. VITAL RECORDS FOR DEATH

Section

R9-19-301. Human Remains Release Form

R9-19-302. Disposition-transit Permits

R9-19-303. Medical Certification for a Death Certificate

R9-19-304. Information for a Death Certificate

R9-19-305. Delayed Death Certificate

R9-19-306. Information for a Fetal Death Certificate

R9-19-307. Delayed Fetal Death Certificate

R9-19-308. Certificate of Birth Resulting in Stillbirth

R9-19-309. Validation of Information

R9-19-310. Correcting Information on a Death Certificate or a Fetal Death Certificate

R9-19-311. Amending Information on a Death Certificate or a Fetal Death Certificate

R9-19-312. Transporting Human Remains into the State for Final Disposition

R9-19-313. Disinterment-reinterment Permit

R9-19-314. Duties of Persons in Charge of Place of Final Disposition

R9-19-315. Expired

R9-19-316. Repealed

R9-19-317 Repealed

R9-19-318. Repealed

R9-19-319. Expired

R9-19-320. Repealed

R9-19-321 Recodified

R9-19-322. Expired

R9-19-323. Expired

R9-19-324. Expired

R9-19-325. Repealed

R9-19-326. Recodified

R9-19-327. Recodified

R9-19-328. Expired

R9-19-329. Repealed

R9-19-330. Recodified

R9-19-331. Repealed

R9-19-332. Repealed

R9-19-333. Recodified

R9-19-334. Repealed

R9-19-335. Repealed

R9-19-336. Expired

ARTICLE 4. ACCESS TO RECORDS; COPIES; FEES

Section

R9-19-401. Expired

R9-19-402. Application for copies of vital records

R9-19-403. Eligibility for certified copy of birth certificate

R9-19-404. Eligibility for certified copy of birth certificate for adoption agencies and private attorneys

R9-19-405. Eligibility for certified copy of death certificate

R9-19-406. Eligibility for certified copy of fetal death certificate

R9-19-407 Expired

R9-19-408. Standards for Copies

R9-19-409. Expired

R9-19-410. Expired

R9-19-411. Expired

R9-19-412. Payment of Fees

R9-19-413. Fee Schedule

R9-19-414. Services without charge

R9-19-415. Expired

R9-19-416. Renumbered

ARTICLE 1. ADMINISTRATIVE ORGANIZATION, DUTIES AND PROCEDURES

R9-19-101. Definitions

1. "Anatomical gift" has the same meaning as in A.R.S. § 36-841.

2. "Delivery" means the complete expulsion or extraction of a product of human conception from its mother.

3. "Document" or "documented" means in written, photographic, electronic, or other permanent form.

4. "Electronic signature" has the same meaning as in A.R.S. § 44-7002.

5. "Facility" has the same meaning as "facilities" in A.R.S. § 36-401.

6. "Funeral director" has the same meaning as in A.R.S. § 32-1301.

7. "Hospital" has the same meaning as in A.A.C. R9-10-201.

8. "Injury" means damage to a human body caused by an external source as determined by a medical examiner or tribal law enforcement authority.

9. "Inpatient" means an individual who is receiving services in a facility as an inpatient as determined by the facility.

10. "Inpatient hospice facility" has the same meaning as "hospice inpatient facility" in A.A.C. R9-10-801.

11. "Medical certification" means confirmation of a cause of death.

12. "Medical certifier" means a physician, registered nurse practitioner, medical examiner, or tribal law enforcement authority authorized to sign a medical certification of death as prescribed in A.R.S. § 36-325.

13. "National Provider Number" means a standard unique identifier for a health care provider assigned by the Centers for Medicare and Medicaid Services.

14. "Nursing care institution" has the same meaning as in A.R.S. § 36-401.

15. "Organ procurement organization" has the same meaning as in A.R.S. § 36-841.

16. "Outpatient" means an individual who is receiving services from a facility but is not an inpatient as determined by the facility.

17. "Part" has the same meaning as in A.R.S. § 36-841.

18. "Registered nurse practitioner" has the same meaning as "nurse practitioner" in A.R.S. § 36-301.

19. "Residence" means an address or location at which an individual lives.

20. "Signature" means:

a. The first and last name of an individual written with his or her own hand as a form of identification or authorization, or

b. An electronic signature.

21. "Transportation" means the use of an animal or vehicle for conveyance or travel from one place to another.

22. "Tribal community" means a tract of land held by an Indian tribe recognized and eligible for funding and services from the U.S. Bureau of Indian Affairs.

Historical Note

Former Section R9-19-101 repealed, new Section R9-19-101 renumbered from R9-19-102 and amended effective July 31, 1989 (Supp. 89-3). Amended effective February 12, 1996 (Supp. 96-1). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1). New Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-102. Expired

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-102 renumbered to R9-19-101, new Section R9-19-102 renumbered from R9-19-106 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-103. Expired

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-103 repealed, new Section R9-19-103 renumbered from R9-19-107 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-104. Duties of local registrars

In addition to the duties outlined in A.R.S. § 36-308, each local registrar shall:

1. Promptly register every properly completed certificate received;

2. Be available for registration duties during normal working hours. When a local registrar is to be absent during any normal working day, the local registrar shall designate a deputy local registrar who shall assume all the duties and responsibilities of the office. In the event the absence or incapacity of the local registrar extends beyond ten days, the State Registrar shall be notified of such designation;

3. Make reasonable arrangements to enable funeral directors to obtain disposal-transit permits during non-working hours;

4. Keep timely and accurate records pertaining to registration duties; and

5. Report all deaths to the medical examiner as required pursuant to R9-19-112.

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-104 repealed, new Section R9-19-104 renumbered from R9-19-109 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-105. Removal of local registrars

The State Registrar may remove a local registrar, pursuant to A.R.S. § 36-307(B), or for any of the following causes:

1. Failure to comply with the duties and responsibilities as set forth in Chapter 3, Title 36, Arizona Revised Statutes and this Chapter;

2. Misuse of funds received pursuant to Chapter 3, Title 36, Arizona Revised Statutes or this Chapter; or

3. Permitting access to or releasing information from any certificate except as authorized by law or this Chapter.

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-105 repealed, new Section R9-19-105 renumbered from R9-19-111 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-106. Vital record forms

A. Only such forms as are prepared, printed and supplied by the State Registrar shall be used in registering, recording, amending and preserving vital statistics records and reports required by law.

B. All forms used in recording vital events shall remain the property of the state and shall be used for official purposes only. They shall be surrendered to the State Registrar upon demand and shall not be used for private or internal administrative purposes by those individuals or agencies to whom they are distributed.

Historical Note

Former Section R9-19-106 renumbered to R9-19-102, new Section R9-19-106 renumbered from Section R9-19-113 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-107. Expired

Historical Note

Former Section R9-19-107 renumbered to R9-19-103, new Section R9-19-107 renumbered from R9-19-114 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-108. Unacceptable forms

A form shall not be accepted for registration or other purposes if it:

1. Omits necessary information for which no satisfactory explanation and supporting documentation is provided;

2. Contains erasures, strikeovers, misplaced or illegible entries or its general appearance is soiled and untidy;

3. Is a carbon copy or is marked "copy," "duplicate" or similar notation;

4. Contains incorrect or inconsistent information;

5. Contains information which the registrar reasonable believes to be fraudulent or false; or

6. Is not completed using the form currently issued by the State Registrar; or

7. Is not completed in accordance with instructions issued by the State Registrar.

Historical Note

Former Section R9-19-108 repealed, new Section R9-19-108 renumbered from R9-19-115 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-109. Review and transmittal procedures for forms

Each local registrar shall:

1. Examine each form submitted for completeness and general appearance. If the form is not acceptable, it shall be rejected and the reasons for rejection shall be listed.

2. Maintain lists of all births, deaths and fetal deaths on registers designated for that purpose. The registers shall show the name of the registrant, date and place of the event, date of registration by the local registrar and the registrar's file number. The registers shall be available, upon request, for inspection by the State Registrar or an authorized designee.

3. Promptly transmit each form to the State Registrar, who shall consider completeness, timeliness and general appearance of each certificate in determining eligibility for payment.

a. Class A registration districts shall retain original forms for no more than 30 days from the date of registration before forwarding them to the State Registrar.

b. Local registrars in Class B registration districts shall forward forms to the State Registrar promptly upon receipt or at least once each week.

c. Individual forms shall be promptly forwarded upon request of the State Registrar.

Historical Note

Amended effective March 30, 1976 (Supp. 76-2). Former Section R9-19-109 renumbered to R9-19-104, new Section R9-19-109 renumbered from R9-19-116 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-110. Expired

Historical Note

Former Section R9-19-110 repealed, new Section R9-19-110 renumbered from R9-19-118 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-111. Local registrars' responsibility to review death certificates for medical examiner referral

A. Each local registrar shall review death and fetal death certificates for individuals whose deaths occurred under circumstances set forth in A.R.S. § 11-593. If such certificate was not signed by the medical examiner and information on the certificate or other report indicates that death occurred under any of the circumstances listed in A.R.S. § 11-593, the local registrar shall immediately notify the nearest peace officer.

B. When a local registrar receives a death or fetal death certificate where the cause or manner of death or the circumstances surrounding the death should have been reported pursuant to A.R.S. § 11-593, and the medical examiner has not signed the death certificate, the local registrar shall not issue a disposal-transit permit until the deficiency is corrected.

C. Each local registrar shall review death and fetal death certificates when the remains are to be cremated. If the medical examiner has not signed the certificate as required under A.R.S. § 11-599, the local registrar shall not register the death and shall not issue a disposal-transit permit.

D. Any local registrar who receives and registers an improperly completed certificate and issues a disposal-transit permit in violation of this rule shall be subject to disciplinary action.

Historical Note

Former Section R9-19-111 renumbered to R9-19-105, new Section R9-19-111 renumbered from R9-19-119 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-112. Expired

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-112 repealed, new Section R9-19-112 renumbered from R9-19-120 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-112.01. Amendments to Birth and Death Certificates by County Registrars

A. Prior to submitting a birth certificate to the State Registrar for assignment of a state file number, a county registrar may correct, amend or make additions to the entries on a birth certificate. All changes to a birth certificate shall be supported by documentation in accordance with R9-19-118(B) and (C) and R9-19-117.

B. Prior to submitting a death certificate to the State Registrar for assignment of a state file number, a county registrar may correct, amend or make additions to the entries on a death certificate except for the medical cause of death and the manner of death entries. All changes to a death certificate shall be supported by documentation in accordance with R9-19-119(B) and (C) and R9-19-117.

C. When a county registrar changes information originally entered on a birth or death certificate, a single line shall be drawn through the incorrect entry and the correct information written immediately above or as near the initial entry as practicable. The county registrar shall also enter a notation on a death certificate at "58. Supplementary entries" or on a birth certificate at "20. Supplementary entries" which specifies what information was changed, the date of the change and the initial of the county registrar.

D. When a county registrar adds information to a birth or death certificate which was previously omitted or missing, the information shall be typed in the appropriate spaces on the certificate and a notation explaining the addition entered on the back of the certificate.

E. When a county registrar corrects, amends or makes an addition to a birth or death certificate, the county registrar shall forward the documentary evidence supporting such correction, amendment or addition to the birth or death certificate to the State Registrar when transmitting the birth or death certificate in accordance with R9-19-109(3).

Historical Note

Adopted effective August 31, 1992 (Supp. 92-3). Amended effective March 4, 1993 (Supp. 93-1).

R9-19-113. Expired

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-113 renumbered to R9-19-106, new R9-19-113 renumbered from R9-19-132 and R9-19-133 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-114. Correction and amendment of vital records after official acceptance of certificate

No changes, corrections, additions, deletions or substitutions shall be made on any birth, death or fetal death certificate after the assignment of a state file number unless such alterations are fully documented according to law and these rules. All certificates on which judicial or major administrative changes are made shall be marked "certificate amended" unless otherwise provided by law. All certificates on which minor administrative changes are made after one year following the date of the event shall also be marked "certificate amended."

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-114 renumbered to R9-19-107, new R9-19-114 renumbered from R9-19-139 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-115. Classification of changes to correct or amend vital records

All changes on vital record forms shall be classified as follows:

1. Judicial changes - Any alterations, additions, deletions or substitutions relative to information originally entered which are authorized by law or ordered by a court of competent jurisdiction.

2. Major administrative changes - Any non-judicial alterations, additions, deletions or substitutions relative to information originally entered which would materially affect the validity or integrity of a certificate or would substantially modify certain fundamental relationships on it.

3. Minor administrative changes - Any alterations, additions, deletions or substitutions relative to information originally entered which would not materially affect the validity or integrity of a certificate or would not substantially modify any fundamental relationship on it. Typographical and spelling errors and transposed letters are included in this category.

Historical Note

Former Section R9-19-115 renumbered to R9-19-108, new R9-19-115 renumbered from R9-19-140 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-116. Authority to request changes on certificate

A. A request for changes on a birth or fetal death certificate concerning any information except medical information and items relating to the burial of a fetus shall originate with the registrant or a parent or guardian if the registrant is a minor child. A request for change of medical information shall originate with the attendant or the hospital where the delivery took place. A request for change in information pertaining to burial or cremation shall originate with the funeral director.

B. A request for changes on a death certificate shall originate with the following:

1. A surviving spouse, parent or other close relative or the informant for identifying information or other personal particulars concerning the deceased;

2. The physician or pathologist, as provided in R9-19-310, in matters relating to the medical cause of death;

3. The medical examiner, as provided in R9-19-310, in matters relating to the manner and circumstances of death; or

4. The funeral director or person acting in such capacity, as provided in A.R.S. § 36-327(B), in matters relating to burial or other disposition of the body.

Historical Note

Former Section R9-19-116 renumbered to R9-19-109, new R9-19-116 renumbered from R9-19-141 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-117. Documentary evidence requirements

A. The following shall be required documentary evidence for each category of change on an existing vital record form:

1. Judicial changes - A certified copy of the certificate of adoption, order of adoption, judgment, court order or other legal instrument and any additional documents or information necessary to accomplish the desired changes.

2. Major administrative changes - An affidavit from the person requesting the change and one independent factual document corroborating the information to be corrected. If an independent factual document is not available or the information to be corrected is such that a factual document is not applicable, an affidavit of personal knowledge from a second individual may be substituted. The sufficiency of such affidavit is to be determined by the State Registrar who shall evaluate the accuracy, sufficiency, consistency and veracity of the document. The State Registrar shall decide which type of document or documents is acceptable in a particular care. For changes on a certificate initiated:

a. Within one year from the date of the birth or death, the factual document shall have been established, in the case of a death, on or before the date of death or, in the case of a birth, within six months of the date of birth.

b. Between one year and five years from the date of the birth or death, the factual document shall have been established at least one year prior to the date offered as evidence.

c. Five years or more after the birth or death, the factual document shall have been established at least three years prior to the date offered as evidence and shall have been established during the first ten years of the registrant's life.

3. Minor administrative changes - An affidavit from the person requesting the change and such other evidence as the State Registrar shall deem necessary to establish the validity of the requested change. For changes requested within one year from the date of the birth or death, the affidavit alone shall suffice. For changes after one year, additional evidence shall be required.

B. The State Registrar may reject any document which does not satisfy any requirement of these rules, including one which is incomplete, fails to show the required information, conflicts with other information provided, shows signs of alteration or for which there is reasonable cause to believe the document is not authentic or truthful.

C. Documents furnished in connection with change or amendment or vital records shall be originals, certified photographic copies or authenticated abstracts. All documents, except the affidavit, shall be returned to the person requesting the change after review by the Department. Except as otherwise provided by law, reproductions of all documents shall be kept on file at the Department for at least three years following the date of the action and may be microfilmed for permanent retention.

Historical Note

Amended effective March 30, 1976 (Supp. 76-2). Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-117 repealed, new Section R9-19-117 renumbered from R9-19-143 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-118. Changes on birth and fetal death certificates

A. Any changes of the following nature shall be judicial changes;

1. New birth certificate based on adoption, legitimation of paternity determination; or

2. Amendment of a birth certificate to show a change of name of the registrant by court order. All name changes after one year from the date of birth shall require a court order.

B. Any changes of the following items shall be major administrative changes:

1. Substantial alteration of the surname of the registrant not covered by judicial authorization;

2. Sex of the registrant due to surgical alterations of chromosomal counts;

3. Name of the registrant within one year from the date of the birth;

4. Name of either parent, except minor spelling errors;

5. Date or place of the birth;

6. Sex of child, type of birth or medical data relating to delivery and postnatal period;

7. Date or place of birth of either parent;

8. Marital status of the mother; or

9. Medical cause of death or related information of the fetal death certificate.

10. Addition of a father's name based upon sworn statements of paternity submitted by both parents.

C. All other changes to information, including all minor errors of spelling, typographical errors or correction of transposed letters, shall be minor administrative changes. When a child has not been named on a certificate at the time it is filed with the registrar, the name may be added within 90 days upon receipt of a written, notarized request signed by both parents. After 90 days the request shall be by an affidavit signed by both parents and supported by one factual document showing the requested name. After five years, a court order shall be required to add a name to the certificate. No fee shall be charged for adding only the child's name if done within one year from the date of birth.

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-118 renumbered to R9-19-110, new R9-19-118 renumbered from R9-19-144 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-119. Expired

Historical Note

Amended effective March 30, 1976 (Supp. 76-2). Former Section R9-19-119 renumbered to R9-19-111, new R9-19-119 renumbered from R9-19-145 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. § 41-1056(E) at 16 A.A.R. 246, effective December 30, 2009 (Supp. 10-1).

R9-19-120. Changes on a delayed birth certificate

Changes on a delayed birth certificate shall not be permitted except in the following instances:

1. Where a name has been changed by court order subsequent to the filing of the certificate, the new name may be shown on the certificate.

2. Where a person has been adopted subsequent to the filing of the certificate, a notation to that effect may be shown on the certificate in lieu of the issuance of a new birth certificate.

3. When, after review of the documentary evidence submitted, the State Registrar determines that there is incorrect information on the certificate due to an administrative or typographical error by the Office of Vital Records.

Historical Note

Amended effective March 30, 1976 (Supp. 76-2). Former Section R9-19-120 renumbered to R9-19-112, new R9-19-120 renumbered from R9-19-146 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-121. Repealed

Historical Note

Repealed effective July 31, 1989 (Supp. 89-3).

R9-19-122. Repealed

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Repealed effective July 31, 1989 (Supp. 89-3).

R9-19-123. Repealed

Historical Note

Repealed effective February 20, 1980 (Supp. 80-1).

R9-19-124. Repealed

Historical Note

Repealed effective February 20, 1980 (Supp. 80-1).

R9-19-125. Repealed

Historical Note

Repealed effective February 20, 1980 (Supp. 80-1).

R9-19-126. Repealed

Historical Note

Repealed effective February 20, 1980 (Supp. 80-1).

R9-19-127. Repealed

Historical Note

Repealed effective February 20, 1980 (Supp. 80-1).

R9-19-128. Repealed

Historical Note

Repealed effective February 20, 1980 (Supp. 80-1).

R9-19-129. Repealed

Historical Note

Repealed effective February 20, 1980 (Supp. 80-1).

R9-19-130. Repealed

Historical Note

Repealed effective February 20, 1980 (Supp. 80-1).

R9-19-131. Repealed

Historical Note

Repealed effective July 31, 1989 (Supp. 89-3).

R9-19-132. Renumbered

Historical Note

Former Section R9-19-132 renumbered to R9-19-113 effective July 31, 1989 (Supp. 89-3).

R9-19-133. Renumbered

Historical Note

Former Section R9-19-132 renumbered to R9-19-113 effective July 31, 1989 (Supp. 89-3).

R9-19-134. Renumbered

Historical Note

Former Section R9-19-134 renumbered to R9-19-310 effective July 31, 1989 (Supp. 89-3).

R9-19-135. Renumbered

Historical Note

Former Section R9-19-135 renumbered to R9-19-310 effective July 31, 1989 (Supp. 89-3).

R9-19-136. Renumbered

Historical Note

Former Section R9-19-136 renumbered to R9-19-310 effective July 31, 1989 (Supp. 89-3).

R9-19-137. Renumbered

Historical Note

Former Section R9-19-137 renumbered to R9-19-311 effective July 31, 1989 (Supp. 89-3).

R9-19-138. Repealed

Historical Note

Repealed effective February 20, 1980 (Supp. 80-1).

R9-19-139. Renumbered

Historical Note

Former Section R9-19-139 renumbered to R9-19-114 effective July 31, 1989 (Supp. 89-3).

R9-19-140. Renumbered

Historical Note

Former Section R9-19-140 renumbered to R9-19-115 effective July 31, 1989 (Supp. 89-3).

R9-19-141. Renumbered

Historical Note

Former Section R9-19-141 renumbered to R9-19-116 effective July 31, 1989 (Supp. 89-3).

R9-19-142. Repealed

Historical Note

Repealed effective July 31, 1989 (Supp. 89-3).

R9-19-143. Renumbered

Historical Note

Former Section R9-19-143 renumbered to R9-19-117 effective July 31, 1989 (Supp. 89-3).

R9-19-144. Renumbered

Historical Note

Former Section R9-19-144 renumbered to R9-19-118 effective July 31, 1989 (Supp. 89-3).

R9-19-145. Renumbered

Historical Note

Former Section R9-19-145 renumbered to R9-19-119 effective July 31, 1989 (Supp. 89-3).

R9-19-146. Renumbered

Historical Note

Former Section R9-19-146 renumbered to R9-19-120 effective July 31, 1989 (Supp. 89-3).

ARTICLE 2. DUTIES REGARDING LIVE BIRTHS

R9-19-201. Registration of live births

A. In addition to birth registration requirements specified in A.R.S. § 36-322, each hospital, clinic or other institution in the state providing regular maternity services shall furnish a monthly report to the State Registrar of all live births and of all registrable fetal deaths occurring in that facility for the preceding month. The report shall be sent to the State Registrar no later than the tenth day of the month following the period covered in the report and shall list the name of the child, date of birth and the name and address of the parents.

B. When, because of circumstances beyond its control, a hospital, clinic or other institution cannot file a birth certificate within the prescribed period, it shall notify the local registrar by telephone or letter of the reasons for the delay and the expected date of filing. If the delay extends beyond 14 days, a second notification shall be made to the local registrar. Such birth certificates shall be filed with the local registrar no later than 20 days after the date of birth whether or not it is complete.

C. When a physician, midwife or other person who delivers a child outside of a hospital, clinic or other institution is unable to file a birth certificate within the prescribed period of time, the local registrar shall be notified by telephone or letter, giving the name of the child, date of birth, name and address of the parents and the reason for the delay. Such birth certificate shall be filed no later than 20 days after the date of the birth.

Historical Note

Amended effective July 31, 1989 (Supp. 89-3).

R9-19-202. General requirements regarding late birth certificates

A late birth certificate registered within one year from date of the birth shall satisfy the following requirements:

1. The birth of the registrant occurred in Arizona as evidenced by one independent factual document establishing the mother's presence in Arizona at the time of birth;

2. The certificate shall be signed by a parent, relative or other person who can certify from personal knowledge of the date and place of birth, names of the parents and other facts required on the certificate.

3. The certificate shall be signed by the physician, midwife or other attendant who delivered the child. If the child was born in a hospital and the attending physician is no longer available, the hospital administrator or person in charge of medical records may sign instead and indicate his title; and

4. The certificate shall be registered by the local registrar of the district in which the birth occurred, unless exempted by law.

Historical Note

Amended effective July 31, 1989 (Supp. 89-3).

R9-19-203. Expired

Historical Note

Former Section R9-19-203 repealed, new Section R9-19-203 renumbered from R9-19-204 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-204. Expired

Historical Note

Former Section R9-19-204 renumbered to R9-19-203, new Section R9-19-204 renumbered from R9-19-205 effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-205. Application for delayed birth registration

A. Any person born in Arizona who is older than one year and whose birth has not previously been registered can apply to the State Registrar for a delayed birth certificate, except that an application shall not be accepted for a deceased person. Persons whose late birth registration is rejected under R9-19-203 may apply for a delayed birth certificate. The application fee shall be paid at the time of formal application.

B. The application shall be pending until completed or until one year has elapsed from the date of application, whichever is earlier. The date the fee is paid shall be considered the date of formal application. After one year from the date of application all uncompleted registrations shall lapse and the fees forfeited.

C. Any applicant who voluntarily withdraws his request before the lapse date shall be entitled to a full refund. No refund will be made after an application has lapsed.

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-205 renumbered to R9-19-204, new Section R9-19-205 renumbered from R9-19-206 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-206. General requirements for delayed birth registration

A. The facts regarding a delayed birth registration shall be recorded on a form provided by the State Registrar for that purpose.

B. The following data concerning the registrant shall be shown on the delayed birth certificate:

1. Full name at birth. Where a person, whose birth is to be registered, has undergone a change of name through adoption, legitimation or other court action prior to application for delayed registration, the person, whose birth is to be registered, may choose to have the new name shown;

2. Date of birth -- month, day and year;

3. Sex;

4. Race or color;

5. Place of birth -- town or city and county;

6. Names of parents. If a registrant has been adopted, the names of adoptive parents may be shown; and

7. Information required by the State Registrar in order to comply with federal or state laws, rules or regulations or federal document guidelines.

C. Each delayed certificate of birth shall be signed by the person whose birth is to be registered and sworn to before an official authorized to administer oaths, provided that such person is 18 years of age or over and is competent to sign and swear to the accuracy of the facts stated therein. Otherwise the certificate shall be signed and sworn to by one of the following in the indicated order of priority:

1. One of the parents of the person whose birth is to be registered;

2. The legal guardian of the person whose birth is to be registered; or

3. The next of kin of the person whose birth is to be registered.

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-206 renumbered to R9-19-205, new Section R9-19-206 renumbered from R9-19-207 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-207. Documentary requirements for delayed birth registration

A. If the person is between one and fourteen years of age, the following documents shall be submitted:

1. An affidavit attesting to the facts of birth from the father, mother or other family member having personal knowledge of the birth;

2. One independent factual document attesting to the facts of birth established prior to the person reaching age five; and

3. One independent factual document establishing the mother's presence in Arizona at the time of birth.

B. If the person is 15 years of age or older, the following documents shall be submitted:

1. An affidavit attesting to the facts of birth from the mother, father, a relative or other individual at least ten years older than the person and who has personal knowledge of the birth; and

2. Two factual supporting documents attesting to the facts of birth independently established at least five years prior to the date on which offered as evidence, at least one of which was established during the first ten years of the person's life; and

3. One independent factual document establishing the mother's presence in Arizona at the time of birth.

C. The full name of the person and the date and place of birth shall be evidenced in each of the required documents. All other birth facts, including the names of the parents, shall be clearly supported by at least one document. A document established before the person's fourth birthday shall be preferred over later ones. A factual document may be substituted for an affidavit, provided it contains the necessary information.

D. A summary statement of the documentary evidence submitted in support of a delayed birth certificate shall be written on the face of the form. The date of registration shall also be entered and the signature of the State Registrar shall signify official acceptance of the certificate.

E. The State Registrar shall determine the acceptability of all documents submitted by an applicant. The State Registrar shall reject any document judged to be inadequate, unsatisfactory, conflicting, or in any manner not in compliance with these rules, and require an additional document. The State Registrar shall not register a delayed birth certificate if no combination of documents shows the minimum required information, if the documents do not agree as to the facts, or if the State Registrar has reasonable cause to question the validity, adequacy, or consistency of the certificate or documentary evidence. The State Registrar shall apprise the applicant of such refusal and the reasons therefor. The State Registrar shall consider the acceptability of the group as a whole and shall require additional documentation until the minimum requirements are met.

F. Documents furnished in connection with a delayed birth certificate shall be originals, certified photographic copies or authenticated abstracts. The State Registrar shall refuse any document showing alterations, erasures or substitutions of information. All documents shall be returned to the sender after review. Reproductions of all documentary evidence shall be kept on file at the Department for at least three years following the date of the registration and may be microfilmed for permanent retention.

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-207 renumbered to R9-19-206, new Section R9-19-207 renumbered from R9-19-208 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-208. Cancellation of a delayed birth certificate; duties of State Registrar

A. The State Registrar shall cancel a delayed birth certificate upon evidence of the following:

1. That an original birth certificate for the registrant already exists in the files of the Department; or

2. That a delayed birth certificate was established through fraud, misrepresentation of the facts or was based on false documents.

B. The State Registrar shall advise a registrant by certified mail of the cancellation of a delayed birth certificate. The registrant may appeal such action through the exercise of available statutorily-defined administrative remedies.

Historical Note

Adopted effective February 20, 1980 (Supp. 80-1). Former Section R9-19-208 renumbered to R9-19-207, new Section R9-19-208 renumbered from R9-19-209 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-209. Renumbered

Historical Note

Former Section R9-19-209 renumbered to R9-19-208 effective July 31, 1989 (Supp. 89-3).

ARTICLE 3. VITAL RECORDS FOR DEATH

R9-19-301. Human Remains Release Form

A. Except as provided in subsection (B), a form required by A.R.S. § 36-326(C) to accompany a deceased individual's human remains moved from a hospital, nursing care institution, or hospice inpatient facility shall include:

1. The name and street address of the hospital, nursing care institution, or hospice inpatient facility;

2. The deceased individual's:

a. Name;

b. Date of birth; and

c. Social Security number or, if the deceased individual's Social Security number is not available, the deceased individual's patient identification number;

3. The date and time of the death;

4. The name and telephone number of the physician or registered nurse practitioner expected to sign the medical certification of death;

5. The name, telephone number, and relationship to the deceased individual of the individual authorizing the hospital, nursing care institution, or inpatient hospice facility to release the human remains;

6. A list of the circumstances in A.R.S. § 11-593(A);

7. Whether the notification required in A.R.S. § 11-593 was made;

8. The most recent diagnosis in the deceased individual's medical record;

9. If the deceased individual's human remains are being released to a funeral establishment or a person authorized to receive the deceased individual's communicable disease related information under A.R.S. § 36-664, whether the deceased individual had been diagnosed with or was suspected of having, as stated in the deceased individual's medical record at the time of death:

a. Infectious tuberculosis,

b. Human immunodeficiency virus,

c. Creutzfeldt-Jakob disease,

d. Hepatitis B,

e. Hepatitis C, or

f. Rabies; and

10. For a death that occurs in a hospital, if the deceased individual's human remains have been accepted for donation by an organ procurement organization under A.R.S. Title 36, Chapter 7, Article 3, and the person authorized in A.R.S. § 36-843 has not made or refused to make an anatomical gift, whether the organ procurement organization has been notified that the deceased individual's human remains are being removed from the hospital; and

11. The name and signature of the individual representing the hospital, nursing care institution, or hospice inpatient facility who released the human remains.

B. A form required by A.R.S. § 36-326(C) to accompany human remains from a fetal death moved from a hospital, nursing care institution, or hospice inpatient facility shall include:

1. The name and street address of the hospital, nursing care institution, or hospice inpatient facility;

2. The name of the mother;

3. The date of delivery;

4. The estimated gestational age or, if the gestational age is unknown, the weight of the human remains;

5. The name and telephone number of the parent authorizing the hospital, nursing care institution, or inpatient hospice facility to release the human remains;

6. A list of the circumstances in A.R.S. § 11-593(A);

7. Whether the notification required in A.R.S. § 11-593 was made;

8. For a fetal death that occurs in a hospital, if the human remains have been accepted for donation by an organ procurement organization under A.R.S. Title 36, Chapter 7, Article 3, and the person authorized in A.R.S. § 36-843 has not made or refused to make an anatomical gift, whether the organ procurement organization has been notified that the human remains are being removed from the hospital; and

9. The name and signature of the individual representing the hospital, nursing care institution, or hospice inpatient facility who released the human remains.

C. An individual who removes human remains from a hospital, nursing care institution, or hospice inpatient facility shall sign and date the human remains release form required in subsection (A) when the individual removes the human remains from the hospital, nursing care institution, or hospice inpatient facility.

D. The individual in subsection (C) who removes human remains shall submit a copy of the human remains release form required in subsection (A) to the local registrar or deputy local registrar of the registration district where the deceased individual died within 24 hours after removing the human remains from a hospital, nursing care institution, or hospice inpatient facility.

Historical Note

Amended effective March 30, 1976 (Supp. 76-2). Amended effective February 20, 1980 (Supp. 80-1). Amended effective July 31, 1989 (Supp. 89-3). Section repealed; new Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-302. Disposition-transit Permits

A. A funeral establishment or responsible person shall obtain a disposition-transit permit for a deceased individual's human remains before a final disposition listed in subsection (B)(5) of the human remains.

1. A disposition-transit permit may list more than one final disposition.

2. A disposition-transit permit issued by any deputy local register, local registrar, or the state registrar is valid for each final disposition listed on the disposition-transit permit of the human remains in any registration district in the state or, if listed on the disposition-transit permit, for removal from the state.

3. A crematory shall not accept human remains for cremation unless the accompanying disposition-transit permit specifies cremation as a final disposition.

B. Except as provided in subsection (D), a funeral establishment or responsible person shall submit the following information to the local registrar or deputy local registrar of the county where the death occurred or the state registrar to obtain a disposition-transit permit for a deceased individual's human remains:

1. The deceased individual's name, sex, and date of birth;

2. The date of death;

3. The town or city, county, and state where the death occurred;

4. The cause of death as listed on the deceased individual's medical certification of death;

5. The anticipated final disposition of the human remains including one or more of the following:

a. Burial,

b. Entombment,

c. Anatomical gift of the human remains except for donation of a part,

d. Cremation,

e. Removal from the state, and

f. Other final disposition of the human remains;

6. If an anticipated final disposition is anatomical gift except for donation of a part, another anticipated final disposition other than removal from the state;

7. If an anticipated final disposition is removal from the state:

a. Whether removal from the state includes removal from the United States, and

b. Another anticipated final disposition other than anatomical gift except for donation of a part;

8. If an anticipated final disposition of the human remains is another means of final disposition, a description of the anticipated final disposition;

9. If applicable, the name of the funeral establishment; and

10. The name of the funeral director or responsible person in charge of the final disposition of the human remains.

C. If cremation is listed as an anticipated final disposition for a deceased individual's human remains, a local registrar, deputy local registrar, or the state registrar shall obtain an approval for cremation from the medical examiner of the county where the deceased individual's death occurred before issuing a disposition-transit permit.

D. To obtain a disposition-transit permit for human remains from a fetal death, a funeral establishment or responsible person shall submit the following information to the local registrar or deputy local registrar of the county where the fetal death occurred or the state registrar:

1. The name of the mother;

2. The date of delivery;

3. The estimated gestational age of the human remains or, if the gestational age is unknown, the weight of the human remains;

4. Whether the anticipated final disposition is hospital or abortion clinic disposition;

5. If the anticipated final disposition is not hospital or abortion clinic disposition, the anticipated final disposition of the human remains including one or more of the following:

a. Burial,

b. Entombment,

c. Anatomical gift of the human remains except for donation of a part,

d. Cremation,

e. Removal from the state, and

f. Other final disposition of the human remains;

6. If an anticipated final disposition is anatomical gift except for donation of a part, another anticipated final disposition other than removal from the state;

7. If an anticipated final disposition is removal from the state:

a. Whether removal from the state includes removal from the United States, and

b. Another anticipated final disposition other than anatomical gift except for donation of a part;

8. If an anticipated final disposition of the human remains is another means of final disposition, a description of the anticipated final disposition;

9. If applicable, the name of the funeral establishment; and

10. The name of the funeral director or responsible person in charge of the final disposition of the human remains.

E. If cremation is listed as an anticipated final disposition for human remains from a fetal death with a gestational age of 20 weeks or more, or if the gestational age is unknown, a weight of 350 grams or more, a local registrar, deputy local registrar, or the state registrar shall obtain an approval for cremation from the medical examiner of the county where the fetal death occurred before issuing a disposition-transit permit.

F. A local registrar, deputy local registrar, or the state registrar shall not issue a disposition-transit permit for a deceased individual if a medical certification of death for the deceased individual required in R9-19-303 has not been submitted to the local registrar of the county where the death occurred.

Historical Note

Amended effective March 30, 1976 (Supp. 76-2). Amended effective February 20, 1980 (Supp. 80-1). Amended effective July 31, 1989 (Supp. 89-3). Section repealed; new Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-303. Medical Certification for a Death Certificate

A. A medical certifier shall complete and submit a medical certification of a deceased individual's death to the local registrar of the county where the death occurred or the state registrar as soon as possible and no more than 72 hours after the death that includes:

1. The name of the deceased individual;

2. The name, title, address, and license number of the medical certifier;

3. The date the medical certifier signed the medical certification of death;

4. The date and time of death;

5. Except as provided in subsection (C), the condition leading to the immediate cause of death including the underlying cause of death, using the standards from:

a. For a medical certifier other than a medical examiner, the Physicians' Handbook on Medical Certification, DHHS Publication No. (PHS) 2003-1108, published by the Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Health Statistics, incorporated by reference, on file with the Department, and including no future editions or amendments, available at http://www.cdc.gov/nchs/data/misc/hb_cod.pdf or from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954; or

b. For a medical examiner, the Medical Examiners' and Coroners' Handbook on Death Registration and Fetal Death Reporting, DHHS Publication No. (PHS) 2003-1110 published by the Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Health Statistics, incorporated by reference, on file with the Department, and including no future editions or amendments, available at http://www.cdc.gov/nchs/data/misc/hb_me.pdf or from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954;

6. For each cause or condition listed according to subsection (A)(5), the length of time from the onset of the cause or condition to the time of death;

7. Any other conditions contributing to the death;

8. Whether tobacco use contributed to the cause of death;

9. If the deceased individual was female, whether:

a. The deceased individual was pregnant within the last year;

b. The deceased individual was pregnant at the time of death;

c. The deceased individual was not pregnant at the time of death, but pregnant within 42 days of death;

d. The deceased individual was not pregnant at the time of death, but pregnant 43 days to one year before death; or

e. It is unknown whether the deceased individual was pregnant within the last year;

10. Whether an autopsy was performed on the deceased individual; and

11. Whether the notification required in A.R.S. § 11-593 was made.

B. If a medical examiner determined the cause of death, in addition to the information in subsection (A), the medical examiner shall submit the following information as determined by the medical examiner:

1. If the manner of death is pending investigation;

2. If the manner of death is not pending investigation, whether the death was due to:

a. Natural causes,

b. An accident,

c. Suicide,

d. Homicide, or

e. An undetermined cause;

3. If the death was as a result of an injury:

a. The date and time of the injury,

b. The type of location where the injury occurred,

c. The address of the location where the injury occurred,

d. Whether the injury occurred while the deceased individual was working or at the deceased individual's workplace, and

e. A description of how the injury occurred; and

4. If the death was caused by a transportation accident, whether the deceased individual at the time of the transportation accident was:

a. The driver or operator of the transportation vehicle,

b. A passenger in the transportation vehicle,

c. A pedestrian, or

d. Involved in another activity affected by the transportation accident.

C. When a medical examiner cannot determine the cause of death for the medical certification of a deceased individual's death within 72 hours of the deceased individual's death, the medical examiner shall:

1. Enter the word "pending" for the cause of death for the medical certification and submit the medical certification of death as required in subsection (A); and

2. Upon determination of the cause of death, submit an amendment according to R9-19-311 that includes the cause of death using the standards from the Medical Examiners' and Coroners' Handbook on Death Registration and Fetal Death Reporting, DHHS Publication No. (PHS) 2003-1110, incorporated by reference in subsection (A)(5)(b).

D. A medical certifier shall sign the completed medical certification of a deceased individual's death as follows:

1. If the medical certifier is a physician or a registered nurse practitioner, the medical certifier shall sign a statement attesting that, to the best of the medical certifier's knowledge, death occurred due to the cause and manner stated.

2. If the medical certifier is a physician or a registered nurse practitioner who also pronounced the death of the deceased individual, the medical certifier shall sign a statement attesting that, to the best of the medical certifier's knowledge, death occurred at the time, date, and place, and due to the cause and manner stated.

3. If the medical certifier is a medical examiner or a tribal law enforcement authority, the medical certifier shall sign a statement attesting that, to the best of the medical certifier's knowledge, death occurred due to the cause and manner stated.

Historical Note

Amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1). New Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-304. Information for a Death Certificate

A. A responsible person or a representative of a funeral establishment who is responsible for the final disposition of a deceased individual's human remains shall submit the following information for the deceased individual's death certificate to a local registrar, a deputy local registrar, or the state registrar within 7 days of the deceased individual's death:

1. The deceased individual's name and sex;

2. The date of the deceased individual's death;

3. The place of death including:

a. The county,

b. Town or city, and

c. Zip code;

4. If death was pronounced in a hospital, whether the deceased individual was:

a. An inpatient,

b. An outpatient, or

c. Dead on arrival at the hospital;

5. If death was pronounced somewhere other than a hospital, whether death was pronounced at:

a. A residence,

b. An inpatient hospice facility,

c. A nursing care institution, or

d. Another location;

6. If death was pronounced at another location, a description of the location;

7. If death was pronounced:

a. In a health care institution, the facility name and National Provider Number; or

b. In a location other than a health care institution, the street address of the location;

8. The deceased individual's race;

9. Whether the deceased individual was of Hispanic origin and if the deceased individual was of Hispanic origin, what type of Hispanic origin;

10. Whether the deceased individual was ever in the U.S. Armed Forces;

11. The deceased individual's date of birth;

12. The deceased individual's age:

a. If the deceased individual was one or more years old, in years since the deceased individual's birthday;

b. If the deceased individual was one or more days old but less than one year old, in months and days; or

c. If the deceased individual was less than 1 day old, in hours and minutes;

13. The deceased individual's marital status at the time of death;

14. The name of the deceased individual's surviving spouse, if applicable, and if the surviving spouse is a wife, the wife's last name before her first marriage;

15. The state and city of the deceased individual's birth or if the birth did not happen in the United States, the name of the country where the birth occurred;

16. The name of the country that the deceased individual was a citizen of;

17. The deceased individual's Social Security Number;

18. The deceased individual's usual occupation;

19. The type of business or industry that the deceased individual usually worked in;

20. The address including the street address, town or city, zip code, and county of the deceased individual's usual residence;

21. Whether the deceased individual lived within city limits;

22. Whether the deceased individual resided in a tribal community at the time of death;

23. If the deceased individual resided in a tribal community at the time of death, the name of the tribal community;

24. How long the deceased individual resided in Arizona before the deceased individual's death;

25. The highest educational grade completed by the deceased individual;

26. The first, middle, and last name of the deceased individual's father;

27. The first, middle, and last name before first marriage of the deceased individual's mother;

28. The following information about the individual providing information about the deceased individual:

a. The individual's name;

b. Relationship to the deceased individual; and

c. The individual's address including street address, city or town, state, and zip code;

29. The anticipated final disposition of the human remains including one or more of the following:

a. Burial,

b. Entombment,

c. Anatomical gift of the human remains except for donation of a part,

d. Cremation,

e. Removal from the state, and

f. Other final disposition of the human remains;

30. If an anticipated final disposition is anatomical gift except for donation of a part, another anticipated final disposition other than removal from the state;

31. If an anticipated final disposition is removal from the state:

a. Whether removal from the state includes removal from the United States, and

b. Another anticipated final disposition other than anatomical gift except for donation of a part;

32. If an anticipated final disposition of the human remains is another means of final disposition, a description of the anticipated final disposition;

33. If applicable, the name of the funeral establishment;

34. The name of the funeral director or responsible person in charge of the final disposition of the human remains; and

35. If the anticipated final disposition is cremation, an approval to cremate the human remains signed by the medical examiner of the county where the death occurred.

B. The responsible person or representative of a funeral establishment responsible for submitting the information in subsection (A) to a local registrar, deputy local registrar, or the state registrar shall:

1. Maintain a copy of the evidentiary document used to collect the information for 10 years from the date on the evidentiary document, and

2. Provide a copy of the evidentiary document to the state registrar for review within 48 hours from the time of the state registrar's request.

Historical Note

Amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1). New Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-305. Delayed Death Certificate

If a deceased individual's death occurs in this state and is not registered within one year after the date of the deceased individual's death, a local registrar, deputy local registrar, or the state registrar shall register the death certificate as a delayed death certificate upon receipt of:

1. If the information is being submitted by a medical examiner or a tribal law enforcement authority:

a. A medical certification of the deceased individual's death as required in R9-19-303, and

b. The information for a death certificate required in R9-19-304(A);

2. If the information is not being submitted by a medical examiner:

a. The information required in subsection (1),

b. The circumstances of the delay, and

c. A notarized statement that the information submitted is true and correct; or

3. A court order.

Historical Note

Former Section R9-19-305 repealed, new Section R9-19-305 adopted effective February 20, 1980 (Supp. 80-1). Amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1). New Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-306. Information for a Fetal Death Certificate

A. A hospital, abortion clinic, physician, or midwife shall submit the following information for a fetal death certificate to the state registrar within seven days of a deceased's fetal death, if the fetal death occurs after a gestational period of 20 completed weeks or if the deceased's human remains weigh more than 350 grams:

1. First, middle, and last name of deceased, if applicable;

2. The deceased's sex;

3. Plurality of delivery;

4. If plurality involves more than one fetal death, the deceased's order of birth;

5. Date of delivery;

6. Hour of delivery;

7. Address where delivery occurred including street address, city or town, zip code, and county;

8. If delivery occurred:

a. At home:

i. Whether the delivery was planned to occur at home; and

ii. The street address, city or town, state, and zip code of the home; or

b. Not at home:

i. Type of facility where delivery occurred;

ii. Zip code where delivery occurred; and

iii. The facility's National Provider Number;

9. Estimation of the deceased's gestational age;

10. Weight in grams of the deceased at delivery;

11. Whether:

a. The deceased was dead at first assessment with no ongoing labor,

b. The deceased was dead at first assessment with ongoing labor,

c. The deceased died during labor after first assessment, or

d. It is unknown when the deceased died;

12. The following information about the deceased's father:

a. First, middle, and last name;

b. Race;

c. Whether the father is of Hispanic origin and if the father is of Hispanic origin, what type of Hispanic origin;

d. Date of birth;

e. State, territory, or foreign country where father was born; and

f. Highest degree or level of education completed by the father at the time of the deceased's delivery;

13. The following information about the deceased's mother:

a. First, middle, and last name before first marriage;

b. Race;

c. Whether the mother is of Hispanic origin and if the mother is of Hispanic origin, what type of Hispanic origin;

d. Date of birth;

e. State, territory, or foreign country where the mother was born;

f. Street address, apartment number if applicable, city or town, state, and county of mother's usual residence;

g. Highest degree or level of education completed by the mother at the time of the deceased's delivery;

h. Whether the mother's usual residence is inside city limits;

i. Date last normal menses began;

j. Whether the mother received prenatal care;

k. If the mother received prenatal care:

i. Date of first prenatal care visit;

ii. Date of last prenatal care visit; and

iii. Total number of prenatal visits for this pregnancy;

l. Whether the prenatal record was available for completion of the fetal death report;

m. Whether the mother was married at the time of delivery;

n. The number of previous live births;

o. The number of other pregnancy outcomes not including this delivery;

p. If applicable:

i. The date of the last live birth, and

ii. The date of the last other pregnancy outcome;

q. Whether the mother was transferred for medical reasons before delivery;

r. If the mother was transferred, the name of the facility that the mother was transferred from;

s. Whether the mother received WIC food for herself during this pregnancy;

t. Whether any of the following occurred 24 hours before delivery or within 24 hours after delivery:

i. Maternal transfusion,

ii. Third or fourth degree perineal laceration,

iii. Ruptured uterus,

iv. Unplanned hysterectomy,

v. Admission to intensive care unit, or

vi. Unplanned operating room procedure following delivery;

u. Whether the mother had been diagnosed with any of the following infections during this pregnancy:

i. Gonorrhea,

ii. Syphilis,

iii. Chlamydia,

iv. Listeria,

v. Group B streptococcus,

vi. Cytomegalovirus,

vii. Parvovirus, or

viii. Toxoplasmosis,

v. Whether the mother had been diagnosed with any other infection during pregnancy and the name of the infection;

w. Risk factors present in this pregnancy;

x. Whether the mother smoked before or during pregnancy;

y. If the mother smoked before or during pregnancy, the number of cigarettes she smoked per day during:

i. The three months before the pregnancy,

ii. The first trimester of the pregnancy,

iii. The second trimester of the pregnancy, and

iv. The last trimester of the pregnancy;

z. The mother's height in inches;

aa. The mother's weight:

i. Prepregnancy or at first prenatal visit, and

ii. At delivery;

bb. Whether labor was induced;

cc. Whether labor was augmented;

dd. Whether there was a non-vertex presentation;

ee. Whether steroids were administered for fetal lung maturation before delivery;

ff. Whether antibiotics were administered to the mother during labor;

gg. Whether there was moderate or heavy meconium staining of the amniotic fluid;

hh. Whether an epidural or spinal anesthesia was administered to the mother during labor;

ii. A chronology of the mother's labor and delivery;

jj. Whether delivery was attempted:

i. With forceps, or

ii. Vacuum extraction;

kk. The fetal presentation at delivery;

ll. Final route and method of delivery;

mm. If a cesarean delivery, whether a trial of labor was attempted;

nn. If applicable, how many previous cesarean deliveries did the mother have; and

oo. Whether the mother had a hysterotomy or a hysterectomy;

14. Any congenital anomalies of the deceased;

15. Whether an autopsy was planned or performed;

16. Whether a histological placental examination was performed;

17. Whether autopsy or histological placental examination results were used in determining the cause of the fetal death;

18. Whether the placenta appearance was normal or abnormal;

19. A description of the fetal appearance at delivery;

20. Any cause or condition that contributed to the fetal death;

21. Any additional cause or condition of significant medical importance;

22. The name, National Provider Number, and professional credential of the individual attending the delivery;

23. The name and title of the individual completing the information;

24. The principal source of payment for the delivery;

25. The anticipated final disposition of the human remains including one or more of the following:

a. Hospital or abortion clinic disposition,

b. Burial,

c. Entombment,

d. Anatomical gift of the human remains except for donation of a part,

e. Cremation,

f. Removal from the state, and

g. Other final disposition of the human remains; and

26. If an anticipated final disposition is anatomical gift except for donation of a part, another anticipated final disposition other than removal from the state; and

27. If an anticipated final disposition is removal from the state:

a. Whether removal from the state includes removal from the United States, and

b. Another anticipated final disposition other than anatomical gift except for donation of a part.

B. The hospital, abortion clinic, physician, or midwife responsible for submitting the information in subsection (A) to a local registrar, deputy local registrar, or the state registrar shall:

1. Maintain a copy of the evidentiary document used to collect the information for 10 years from the date on the evidentiary document, and

2. Provide a copy of the evidentiary document to the state registrar for review within 48 hours from the time of the state registrar's request.

Historical Note

Former Section R9-19-306 renumbered as Section R9-19-308, new Section R9-19-306 adopted effective February 20, 1980 (Supp. 80-1). Amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1). New Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-307. Delayed Fetal Death Certificate

If a fetal death occurs in this state and is not registered within one year after the date of the fetal death, a local registrar, deputy local registrar, or the state registrar shall register the fetal death certificate as a delayed fetal death certificate upon receipt of:

1. If the information is being submitted by a medical examiner or a tribal law enforcement authority, the information required in R9-19-306(A);

2. If the information is not being submitted by a medical examiner:

a. The information required in subsection (1),

b. The circumstances of the delay, and

c. A notarized statement that the information submitted is true and correct; or

3. A court order.

Historical Note

Former Section R9-19-307 renumbered as Section R9-19-309, new Section R9-19-307 adopted effective February 20, 1980 (Supp. 80-1). Amended effective July 31, 1989 (Supp. 89-3). Section repealed; new Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-308. Certificate of Birth Resulting in Stillbirth

Upon request by the parent or parents of a stillborn child, the state registrar shall provide the parent or parents with a certificate of birth resulting in stillbirth if the fetal death occurred after a gestational period of at least 20 weeks.

Historical Note

Adopted effective March 30, 1976 (Supp. 76-2). Former Section R9-19-308 renumbered and amended as Section R9-19-310, former Section R9-19-306 renumbered as Section R9-19-308 effective February 20, 1980 (Supp. 80-1). Amended effective July 31, 1989 (Supp. 89-3). Section repealed; new Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007
(Supp. 06-4).

R9-19-309. Validation of Information

If a local registrar, deputy local registrar, or the state registrar determines that information submitted for a death certificate or fetal death certificate or an amendment to a death certificate or fetal death certificate may not be valid or accurate, the local registrar, deputy local registrar, or state registrar may require an affidavit or an evidentiary document that is necessary, as determined by the local registrar, deputy local registrar, or state registrar, to validate the information. If the required affidavit or evidentiary document is not submitted, the local registrar, deputy local registrar, or state registrar shall not register or amend the certificate.

Historical Note

Former Section R9-19-309 renumbered and amended as Section R9-19-311, former Section R9-19-307 renumbered as Section R9-19-309 effective February 20, 1980 (Supp. 80-1). Amended effective July 31, 1989 (Supp. 89-3). Section repealed; new Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007
(Supp. 06-4).

R9-19-310. Correcting Information on a Death Certificate or a Fetal Death Certificate

A person requesting a correction to information on a deceased individual's death certificate or fetal death certificate shall submit a documented request to correct that includes:

1. The deceased individual's name and sex;

2. The state file number, if known;

3. The date, for correcting information on a:

a. Death certificate, of the deceased individual's death; or

b. Fetal death certificate or a certificate of birth resulting in stillbirth, of the delivery;

4. The specific information on the certificate to be corrected;

5. A statement attesting to the validity and accuracy of the submitted correction signed by the person submitting the request for correction; and

6. An evidentiary document that demonstrates the validity of the submitted correction.

Historical Note

Adopted effective March 30, 1976 (Supp. 76-2). Former Section R9-19-310 renumbered and amended as Section R9-19-312, former Section R9-19-308 renumbered and amended as Section R9-19-310 effective February 20, 1980 (Supp. 80-1). Editorial correction, Paragraph (2) (Supp. 80-2). Former Section R9-19-310 renumbered to R9-19-312, new R9-19-310 renumbered from R9-19-134, R9-19-135 and R9-19-136 and amended effective July 31, 1989 (Supp. 89-3). Section repealed; new Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-311. Amending Information on a Death Certificate or a Fetal Death Certificate

A. A request to amend any of the information in R9-19-303(A)(2) through (A)(11) on a deceased individual's death certificate is signed by the:

1. Medical certifier who originally signed the medical certification of death, or

2. Medical examiner of the county where the death occurred.

B. A request to amend any of the information in R9-19-303(B) on a death certificate is signed by the medical examiner of the county where death occurred.

C. A medical certifier requesting an amendment to any of the information on the death certificate in R9-19-303 shall submit a documented request to amend the information that includes:

1. The deceased individual's name and sex;

2. The state file number, if known;

3. The date:

a. For amending information on a death certificate, of the deceased individual's death; or

b. For amending information on a fetal death certificate, of the delivery;

4. The specific information on the certificate to be amended including the information to be deleted and the information to be added; and

5. A statement attesting to the validity and accuracy of the submitted amendment signed by the medical certifier.

D. A person requesting an amendment to the information on a deceased individual's death certificate or fetal death certificate shall submit a documented request to amend that includes:

1. The deceased individual's name and sex;

2. The state file number, if known;

3. The date:

a. For amending information on a death certificate, of the deceased individual's death; or

b. For amending information on a fetal death certificate, of the delivery;

4. The specific information on the certificate to be amended including the information to be deleted and the information to be added; and

5. An affidavit, signed by the person submitting the request for the amendment, attesting to the validity and accuracy of the submitted amendment.

E. If a person submitting a documented request for an amendment to information on a deceased individual's death certificate is not the individual listed on the death certificate as the individual who provided the information about the deceased individual, a local registrar, deputy local registrar, or the state registrar shall provide notification of the request for an amendment of information on the deceased individual's death certificate to the individual who provided the information about the deceased individual. The local registrar, deputy local registrar, or state registrar may request evidentiary documents from the person submitting the request and the person who provided information about the deceased individual to determine the validity and accuracy of the requested amendment and the information on the deceased individual's death certificate.

F. A local registrar, deputy local registrar or the state registrar shall amend the information on a death certificate or fetal death certificate based on a:

1. Request for amendment, if the local registrar, deputy local registrar or state registrar determines that the request for amendment is valid and accurate; or

2. Court order.

Historical Note

Former Section R9-19-311 renumbered as Section R9-19-313, former Section R9-19-309 renumbered and amended as Section R9-19-311 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-311 renumbered to R9-19-313, new Section R9-19-311 renumbered from Section R9-19-137 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1). New Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007
(Supp. 06-4).

R9-19-312. Transporting Human Remains into the State for Final Disposition

A. A person transporting a deceased individual's human remains into Arizona from outside of the state shall submit a disposition-transit permit or death certificate issued by the state where the deceased individual's death occurred or the human remains were previously interred that contains the cause of death and the information required in R9-19-302 to the local registrar or deputy local registrar of the registration district where final disposition of the human remains in Arizona are anticipated or the state registrar.

B. Upon receipt of a disposition-transit permit or death certificate issued by another state that contains the cause of death and the information required in R9-19-302, a local registrar, deputy local registrar, or the state registrar shall issue a disposition-transit permit using the information on the other state's disposition-transit permit or death certificate. If the human remains were previously disinterred, the local registrar, deputy local registrar, or state registrar shall document "disinterred" on the disposition-transit permit.

Historical Note

Amended effective March 30, 1976 (Supp. 76-2). Former Section R9-19-312 renumbered as Section R9-19-316, former Section R9-19-310 renumbered and amended as Section R9-19-312 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-312 renumbered to R9-19-314, new Section R9-19-312 renumbered from Section R9-19-310 and amended effective July 31, 1989 (Supp. 89-3). Section recodified to R9-8-1102 at 11 A.A.R. 3578, effective September 2, 2005 (Supp. 05-4). New Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-313. Disinterment-reinterment Permit

A. Except as provided in A.R.S. § 36-327(B), before a person disinters a deceased individual's human remains, the person shall:

1. Obtain:

a. Written authorization for the disinterment from the deceased individual's family member or members who have the highest priority according to A.R.S. § 36-327(A), or

b. A court order authorizing the disinterment; and

2. Submit the following information to a local registrar, deputy local registrar or the state registrar to obtain a disinterment-reinterment permit:

a. The name, age, sex, and race of the deceased individual;

b. The date and place of death;

c. The name of the cemetery or the location where the human remains are buried;

d. The name of the funeral director in charge of the disinterment;

e. If applicable, the name or names of the family member or members who authorized the disinterment as required in subsection (A)(1)(a);

f. The name of the cemetery or the location where it is anticipated that the human remains will be reinterred or the crematory where the human remains will be cremated; and

g. If applicable, a copy of the court order required in subsection (A)(1)(b).

B. The funeral director who is in charge of the disinterment shall:

1. Maintain a copy of the written authorization or court order for 10 years from the date on the evidentiary document, and

2. Provide a copy of the written authorization or court order to the state registrar for review within 48 hours from the time of the state registrar's request.

Historical Note

Amended effective March 30, 1976 (Supp. 76-2). Former Section R9-19-313 renumbered as Section R9-19-317, former Section R9-19-311 renumbered as Section R9-19-313 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-313 renumbered to R9-19-315, new Section R9-19-313 renumbered from Section R9-19-311 and amended effective July 31, 1989 (Supp. 89-3). Section recodified to R9-6-389 at 11 A.A.R. 3578, effective September 2, 2005 (Supp. 05-4). New Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-314. Duties of Persons in Charge of Place of Final Disposition

A person in charge of a place of final disposition in this state shall:

1. Maintain a copy of the following documents at the place of final disposition for five years after the issue date on the document:

a. The disposition-transit permit for each final disposition of human remains, and

b. The disinterment-reinterment permit for each disinterment or reinterment of human remains; and

2. Provide a copy of the document to the state registrar for review within 48 hours from the time of the state registrar's request.

Historical Note

Former Section R9-19-314 renumbered and amended as Section R9-19-318, new Section R9-19-314 adopted effective February 20, 1980 (Supp. 80-1). Former Section R9-19-314 renumbered to R9-19-316, new Section R9-19-314 renumbered from Section R9-19-312 and amended effective July 31, 1989 (Supp. 89-3). Section recodified to R9-8-1103 at 11 A.A.R. 3578, effective September 2, 2005 (Supp. 05-4). New Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-315. Expired

Historical Note

Former Section R9-19-315 renumbered as Section R9-19-319, new Section R9-19-315 adopted effective February 20, 1980 (Supp. 80-1). Former Section R9-19-315 renumbered to R9-19-317, new Section R9-19-315 renumbered from Section R9-19-313 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-316. Repealed

Historical Note

Former Section R9-19-316 renumbered as Section R9-19-320, former Section R9-19-312 renumbered as Section R9-19-316 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-316 renumbered to R9-19-318, new Section R9-19-316 renumbered from Section R9-19-314 and amended effective July 31, 1989 (Supp. 89-3). Section repealed by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-317. Repealed

Historical Note

Former Section R9-19-317 renumbered as Section R9-19-321, former Section R9-19-313 renumbered as Section R9-19-317 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-317 renumbered to R9-19-319, new Section R9-19-317 renumbered from Section R9-19-315 and amended effective July 31, 1989 (Supp. 89-3). Section repealed by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-318. Repealed

Historical Note

Amended effective March 30, 1976 (Supp. 76-2). Former Section R9-19-318 renumbered as Section R9-19-322, former Section R9-19-314 renumbered and amended as Section R9-19-318 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-318 renumbered to R9-19-320, new Section R9-19-318 renumbered from Section R9-19-316 and amended effective July 31, 1989 (Supp. 89-3). Section repealed by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-319. Expired

Historical Note

Amended effective March 30, 1976 (Supp. 76-2). Former Section R9-19-319 renumbered as Section R9-19-324, former Section R9-19-315 renumbered as Section R9-19-319 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-319 renumbered to R9-19-321, new Section R9-19-319 renumbered from Section R9-19-317 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-320. Repealed

Historical Note

Former Section R9-19-320 renumbered as Section R9-19-325, former Section R9-19-316 renumbered as Section R9-19-320 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-320 renumbered to R9-19-322, new Section R9-19-320 renumbered from Section R9-19-318 and amended effective July 31, 1989 (Supp. 89-3). Section repealed by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-321. Recodified

Historical Note

Amended effective March 30, 1976 (Supp. 76-2). Former Section R9-19-321 renumbered as Section R9-19-326, former Section R9-19-317 renumbered as Section R9-19-321 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-321 renumbered to R9-19-323, new Section R9-19-321 renumbered from Section R9-19-319 and amended effective July 31, 1989 (Supp. 89-3). Section recodified to R9-8-1105 at 11 A.A.R. 3578, effective September 2, 2005 (Supp. 05-4).

R9-19-322. Expired

Historical Note

Former Section R9-19-322 renumbered as Section R9-19-328, former Section R9-19-318 renumbered as Section R9-19-322 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-322 renumbered to R9-19-324, new Section R9-19-322 renumbered from Section R9-19-320 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-323. Expired

Historical Note

Former Section R9-19-323 renumbered as Section R9-19-331, new Section R9-19-323 adopted effective February 20, 1980 (Supp. 80-1). Former Section R9-19-323 renumbered to R9-19-325, new Section R9-19-323 renumbered from Section R9-19-321 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-324. Expired

Historical Note

Former Section R9-19-324 renumbered as Section R9-19-332, former Section R9-19-319 renumbered as Section R9-19-324 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-324 renumbered to R9-19-326, new Section R9-19-324 renumbered from Section R9-19-322 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-325. Repealed

Historical Note

Former Section R9-19-325 repealed, former Section R9-19-320 renumbered as Section R9-19-325 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-325 renumbered to R9-19-327, new Section R9-19-325 renumbered from Section R9-19-323 and amended effective July 31, 1989 (Supp. 89-3). Section repealed by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-326. Recodified

Historical Note

Former Section R9-19-326 renumbered and amended as Section R9-19-334, former Section R9-19-321 renumbered as Section R9-19-326 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-326 renumbered to R9-19-328, new Section R9-19-326 renumbered from Section R9-19-324 and amended effective July 31, 1989 (Supp. 89-3). Section recodified to R9-8-1104 at 11 A.A.R. 3578, effective September 2, 2005 (Supp. 05-4).

R9-19-327. Recodified

Historical Note

Adopted effective February 20, 1980 (Supp. 80-1). Former Section R9-19-327 renumbered to R9-19-329, new Section R9-19-327 renumbered from Section R9-19-325 and amended effective July 31, 1989 (Supp. 89-3). Section recodified to R9-8-1106 at 11 A.A.R. 3578, effective September 2, 2005 (Supp. 05-4).

R9-19-328. Expired

Historical Note

Former Section R9-19-322 renumbered as Section R9-19-328 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-328 renumbered to R9-19-330, new Section R9-19-328 renumbered from Section R9-19-326 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-329. Repealed

Historical Note

Adopted effective February 20, 1980 (Supp. 80-1). Former Section R9-19-329 renumbered to R9-19-331, new Section R9-19-329 renumbered from Section R9-19-327 and amended effective July 31, 1989 (Supp. 89-3). Section repealed by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-330. Recodified

Historical Note

Adopted effective February 20, 1980 (Supp. 80-1). Former Section R9-19-330 renumbered to R9-19-332, new Section R9-19-330 renumbered from Section R9-19-328 and amended effective July 31, 1989 (Supp. 89-3). Section recodified to R9-8-1107 at 11 A.A.R. 3578, effective September 2, 2005 (Supp. 05-4).

R9-19-331. Repealed

Historical Note

Former Section R9-19-323 renumbered as Section R9-19-331 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-331 renumbered to R9-19-333, new Section R9-19-331 renumbered from Section R9-19-329 and amended effective July 31, 1989 (Supp. 89-3). Section repealed by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-332. Repealed

Historical Note

Former Section R9-19-324 renumbered as Section R9-19-332 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-332 renumbered to R9-19-334, new Section R9-19-332 renumbered from Section R9-19-330 and amended effective July 31, 1989 (Supp. 89-3). Section repealed by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-333. Recodified

Historical Note

Adopted effective February 20, 1980 (Supp. 80-1). Former Section R9-19-333 renumbered to R9-19-335, new Section R9-19-333 renumbered from Section R9-19-331 and amended effective July 31, 1989 (Supp. 89-3). Section recodified to R9-8-1108 at 11 A.A.R. 3578, effective September 2, 2005 (Supp. 05-4).

R9-19-334. Repealed

Historical Note

Former Section R9-19-326 renumbered and amended as Section R9-19-334 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-334 renumbered to R9-19-336, new Section R9-19-334 renumbered from Section R9-19-332 and amended effective July 31, 1989
(Supp. 89-3). Section repealed by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-335. Repealed

Historical Note

Former Section R9-19-333 adopted effective February 20, 1980 (Supp. 80-1). Renumbered from R9-19-333 and amended effective July 31, 1989 (Supp. 89-3). Section repealed by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4).

R9-19-336. Expired

Historical Note

Former Section R9-19-334 renumbered from R9-19-326 and amended effective February 20, 1980 (Supp. 80-1). Renumbered from Section R9-19-334 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

ARTICLE 4. ACCESS TO RECORDS; COPIES; FEES

R9-19-401. Expired

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-402. Application for copies of vital records

A. Each request for a certified copy of a vital record shall be in writing. The request shall contain the applicant's signature and shall establish the applicant's eligibility to receive a copy of the certificate including the filing of certified copies of documents which establish the appropriate relationship to the registrant. If the registrar determines that the application does not sufficiently establish eligibility, the registrar may require additional documentation from the applicant, including sworn statements. In addition:

1. If applying in person, the applicant shall present valid picture identification issued by a federal, state or local governmental entity which contains the applicant's signature;

2. If applying by mail the request shall be notarized or the applicant shall submit a clear photocopy of a valid identification issued by a federal, state or local governmental agency which contains the applicant's signature.

B. An application shall contain sufficient information about the person or event in question to enable a reasonable search of the files to be made. The State or local registrar may reject any application which is so vague or lacks such information that a reasonable search cannot be made.

C. Telephone orders or verbal requests for copies of vital records or information contained therein shall not be permitted except in extraordinary circumstances and upon authorization of the State Registrar.

Historical Note

Amended effective July 31, 1989 (Supp. 89-3).

R9-19-403. Eligibility for certified copy of birth certificate

A certified copy containing all information on a birth certificate, or a birth certificate for a birth out of wedlock, except the medical and health data section, shall be issued to the registrant, the registrant's authorized agent or upon order of a court of competent jurisdiction, except that such copy shall not be issued to an unemancipated registrant under 18 years of age without the permission of at least one parent. The "authorized agent" of a registrant shall be:

1. The parents of record of a child;

2. The registrant's spouse or grandparent, an adult child of the registrant, or an adult brother or sister of the registrant who provides proof of relationship to the registrant;

3. A guardian having legal custody or control of a minor child;

4. An attorney representing the registrant, or the registrant's parents if the registrant is a minor, in matters involving the registrant or the registrant's parents;

5. Any person or agency empowered by statute or appointed by a court to act on the registrant's behalf;

6. A federal, state or local governmental agency which requires the copy for official purposes;

7. A governmental agency acting on behalf of the registrant to process a financial claim, benefit, award or other compensation or to transact official business involving the registrant or the registrant's affairs.

8. A family member, or relative of the registrant engaged in research for genealogical purposes who provides proof of relation to the registrant.

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Amended effective July 31, 1989 (Supp. 89-3).

R9-19-404. Eligibility for certified copy of birth certificate for adoption agencies and private attorneys

A certified copy containing all information on a birth certificate, including a birth certificate for a birth out of wedlock, except the medical and health data section, may be issued to an adoption agency or a private attorney upon submission of certified copies of court records, which establish that:

1. An adoption of the registrant is pending; and

2. The agency or private attorney represents the adoptive parents.

Historical Note

Former Section R9-19-404 repealed, new Section R9-19-404 adopted effective July 31, 1989 (Supp. 89-3).

R9-19-405. Eligibility for certified copy of death certificate

A certified copy of a death certificate may be issued to any applicant with a legal or other vital interest in the record or upon order of a court of competent jurisdiction. An applicant with a "legal or other vital interest" shall include:

1. The surviving spouse or other adult member of the deceased person's immediate family or an attorney, funeral director or other person acting directly for them;

2. A city, county, state or federal governmental agency needing proof of death for official purposes;

3. An insurance company, bank, or hospital with which the deceased maintained business relations and which requires a death certificate for business purposes;

4. An attorney, executor of an estate or individual processing a claim regarding the estate of the deceased in connection with business matters involving the deceased for which the individual can show proof of interest and the need for a copy of the certificate;

5. A family member or relative engaged in research for genealogical purposes who provides proof of relation to the deceased;

6. A government or private agency or individual engaged in research for medical or scientific purposes; or

7. Any other applicant who provides a signed authorization to release the copy to the applicant from the surviving spouse or other adult member of the deceased's immediate family.

Historical Note

Amended effective July 31, 1989 (Supp. 89-3).

R9-19-406. Eligibility for certified copy of fetal death certificate

A certified copy of a fetal death certificate may be issued to the parents of a fetus or to another person upon authorization from a parent.

Historical Note

Amended effective July 31, 1989 (Supp. 89-3).

R9-19-407. Expired

Historical Note

Amended effective June 15, 1984 (Supp. 84-3). Amended subsection (A), paragraph (2) effective August 31, 1988 (Supp. 88-3). Amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-408. Standards for copies

A. No certified copy which is a reproduction of a vital record form shall be valid unless it:

1. Contains an appropriate certification statement over the signature of the registrar having custody of the record and is impressed with the raised seal of the issuing office. The signature may be photographed or entered by mechanical means.

2. Is prepared by photographic or dry copy reproduction process. If prepared by standard photographic process, the copy shall not be smaller than one-half the size of the original and shall be printed only upon paper approved by the State Registrar. If prepared by dry copy process, heavy grade safety paper or specially treated paper approved by the State Registrar shall be used. The paper shall display the official seal of the issuing agency, its parent political jurisdiction or the seal of the state. The seal shall be entered either by standard printing process or by watermark.

B. The Office of Vital Records shall provide for reasonable safeguards against forgery, unauthorized reproduction or misuse of vital record forms.

Historical Note

Amended effective July 31, 1989 (Supp. 89-3).

R9-19-409. Expired

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-409 repealed, new Section R9-19-409 renumbered from Section R9-19-410 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-410. Expired

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-410 renumbered to R9-19-409, new Section R9-19-410 renumbered from Section R9-19-411 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-411. Expired

Historical Note

Former Section R9-19-411 renumbered to R9-19-410, new Section R9-19-411 renumbered from R9-19-412 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-412. Payment of Fees

Before the Department issues a copy of a vital record, the person requesting the copy shall pay any fee required in this Chapter by cash, cashier's check, certified check, money order, or credit card.

Historical Note

Former Section R9-19-412 renumbered to R9-19-411, new Section R9-19-412 renumbered from Section R9-19-413 and amended effective July 31, 1989 (Supp. 89-3). Amended by final rulemaking at 9 A.A.R. 3798, effective October 4, 2003 (Supp. 03-3).

R9-19-413. Fee Schedule

A. Except as provided in subsection (C), the Department shall charge the following fees:

1. For a noncertified copy of a certificate, $5.00;

2. For a certified copy of a:

a. Birth certificate, $19.00;

b. Fetal death certificate, $19.00;

c. Certificate of birth resulting in stillbirth, $19.00;

d. Death certificate, $19.00; or

e. Certificate of no record, $19.00;

3. For each search for a putative father in the Putative Father Registry, $5.00;

4. For each search to verify birth or death data for statistical, medical, research, or administrative purposes, $5.00;

5. For each submission of a request:

a. For the registration of a:

i. Foreign birth certificate, $19.00;

ii. Delayed birth certificate, $19.00;

iii. Delayed fetal death certificate, $19.00;

iv. Delayed certificate of birth resulting in stillbirth, $19.00;

v. Delayed death certificate, $19.00; or

vi. Presumptive death certificate, $19.00; or

b. To issue a death certificate or birth certificate based on a court order, $19.00; and

6. For each submission of a request to amend or correct information on a:

a. Birth certificate, $29.00;

b. Death certificate, $29.00; or

c. Fetal death certificate, $29.00.

B. If a request submitted as prescribed in subsection (A)(5)(a) or (6), results in the registration of a birth or death or a correction or amendment to a registered certificate, the Department shall provide a certified copy of the resulting registered or amended certificate to the person submitting the request.

C. Except as provided in subsection (E), the Department shall not charge an agency as defined in A.R.S. § 41-1001 any fee in this Section.

D. In addition to the fees charged in subsection (A), the Department shall assess the following surcharges:

1. As required in A.R.S. § 36-341(B), for a certified copy of a registered birth certificate, $1.00; and

2. As required in A.R.S. § 36-341(E), for a certified copy of a registered death certificate, $1.00;

E. A local registrar shall pay the following surcharges to the Department for copies issued by the local registrar:

1. As required in A.R.S. § 36-341(B), for a certified copy of a registered birth certificate, $1.00;

2. As required in A.R.S. § 36-341(E), for a certified copy of a registered death certificate, $1.00;

3. For system access for each certified copy of a certificate; $4.00; and

4. For system access for each noncertified copy of a certificate, $1.00.

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-414 repealed, new Section R9-19-414 adopted effective June 15, 1984 (Supp. 84-3). Amended subsection (A) effective August 31, 1988 (Supp. 88-3). Former Section R9-19-413 renumbered to R9-19-412, new Section R9-19-413 renumbered from Section R9-19-414 and amended effective July 31, 1989 (Supp. 89-3). Amended effective February 12, 1996 (Supp. 96-1). Amended by exempt rulemaking at 8 A.A.R. 3850, effective August 22, 2002 (Supp. 02-3). Amended by exempt rulemaking at 13 A.A.R. 117, effective January 1, 2007 (Supp. 06-4). Amended by exempt rulemaking at 17 A.A.R. 1584, effective July 1, 2011 (Supp. 11-3).

R9-19-414. Services without charge

A. Pursuant to the provisions of A.R.S. § 39-122(A), there shall be no charge for a search of the files or for a certified copy of a vital record to be used in any claim against the U.S. Government for financial compensation for the following:

1. Social Security or similar retirement benefits;

2. Allotments to dependents of military personnel on active service;

3. Pensions to veterans of the armed forces or their survivors;

4. Payments of U.S. Government or NSLI life insurance proceeds; or

5. Any other claim which in the opinion of the State Registrar meets the general requirements of the statute.

B. The registrar may issue a certified copy without charge to any federal, state or local government agency when it can be determined that the record is to be used primarily for the benefit of the government agency in the transaction of official business.

Historical Note

Former Section R9-19-414 renumbered to R9-19-413, new Section R9-19-414 renumbered from Section R9-19-415 and amended effective July 31, 1989 (Supp. 89-3).

R9-19-415. Expired

Historical Note

Former Section R9-19-415 renumbered to R9-19-414, new Section R9-19-415 renumbered from Section R9-19-416 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1).

R9-19-416. Renumbered

Historical Note

Former Section R9-19-416 renumbered to R9-19-415 effective July 31, 1989 (Supp. 89-3).

 


Scott Cancelosi
Director
Public Services Division

A.A.C. Table of Contents

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Editor
Arizona Administrative Code