DEPARTMENT OF COMMUNITY HEALTH AND HUMAN SERVICES

PUBLIC HEALTH ADMINISTRATION

OFFICE OF THE STATE REGISTRAR

COMPLETION, FILING, AND REGISTRATION OF VITAL RECORDS

DOCUMENTS

Filed with the secretary of state on

These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.

(By authority conferred on the department of public health and human services by sections 2226, 2233, 2235, and 2896 of the public health code, 1978 PA Act No. 368, of the Public Acts of 1978, as amended, being S MCL 333.2226, 333.2233, 333.2235, and 333.2896 of the Michigan Compiled Laws)

R 325.3205, R 325.3206, R 325.3207, R 325.3208, R 325.3209, R 325.3210, R 325.3211,

R 325.3212, R 325.3213, R 325.3215, R 325.3216, R 325.3217, R 325.3218, R 325.3219,

R 325.3220, and R 325.3221 of the Michigan Administrative Code are amended, as follows:

R 325.3205  Storage and distribution of blank forms. 

  Rule 5. (1) An  person individual responsible for the preparation and filing of vital records shall do all of the following: 

   (a) Store blank vital records forms in such a manner as to safeguard the forms against theft or misuse. 

   (b) Distribute forms only to other persons when authorized to do so by a local registrar or the state registrar. 

   (c) Report missing forms from their supply to the local registrar of the district or the state registrar. The report shall must contain all of the following: 

    (i) The date the records were discovered missing. 

    (ii) The type of record. 

(iii) The number of missing records.

(iv) The preprinted serial numbers of missing forms, if the forms contain a preprinted serial number.

(iii) Information that may lead to the recovery of the forms. 

  (2) A local registrar receiving a report of missing or stolen forms shall forward the report to the state registrar. 

R 325.3206  Vital records preparation; acceptability for filing. 

  Rule 6. (1) All forms used to record births, deaths, marriages, divorces, and

other events designated by the state registrar shall must be prepared on a typewriter with a

black ribbon or shall be printed legibly in black, unfading ink. All signatures required

shall be entered in black, unfading ink. entered in the state electronic registration system, using established procedures, or as otherwise directed by the state registrar.

 (2) In the event that a state electronic registration system is not available or otherwise directed by the state registrar, paper forms must be typed or printed legibly using black ink or toner, and all required signatures must be in black, archival quality ink.

  (23) All signatures shall must be original signatures, except for the signatures of the

local registrar, state registrar, or a judge of a circuit or probate court., or as otherwise determined permissible by the state registrar.

  (34) The full name of each individual recorded on vital records shall must be recorded in

English alphabetic characters, with the exception of surname suffixes, which may be recorded in Roman or Arabic numerals, and limited to the following:

   (a) Upper and lower-case letters.

   (b) Letters a to z.

   (c) Commas.

   (d) Periods.

   (e) Apostrophes.

   (f) Hyphens.

   (g) Spaces.

  (4) All references to time on vital records shall must refer to the time in effect at the

place and on the date the event occurred.

  (5) Unless otherwise directed by the state registrar, a certificate is unacceptable for

filing under any of the following circumstances:

   (a) It is not completed in conformance with instructions issued by the state

registrar.

   (b) It contains alterations or erasures, except on portions required only for

statistical, health, or medical use.

   (c) It does not contain handwritten or electronic signatures required by instructions issued by the state registrar.

   (d) It is marked "copy" or "duplicate."

   (e) It is a carbon copy.

   (f) It is prepared on an improper or obsolete form.

   (g) It contains obvious improper, inconsistent, or incomplete information.

   (h) It has been folded, bent, stained, or otherwise damaged.

   (i) It is illegible.

   (j) It contains cause of death information not properly recorded in conformance with instructions issued by the state registrar.

   (k) It is not certified by a person authorized by law or by rule to certify to the facts of the event.

   (l) It records an event that occurred more than 1 year before the date the record is received by the local registrar.

R 325.3207  Replacement of vital records not acceptable for filing. 

  Rule 7. (1) When a vital record is not acceptable for filing, the person individual responsible for filing the original vital record shall prepare another record acceptable for filing and shall submit it to the local registrar within 5 days after receipt of notice that the record is not acceptable for filing, except for records not accepted pursuant to R 325.3206(5)(l). 

  (2) If, after receipt of notice that a vital record is not acceptable for filing, the person individual responsible for filing the original vital record cannot meet the required filing date, he or she the individual shall submit a written notification to the local registrar stating the reason for the lateness and expected date of submission. 

R 325.3208  Recording false information. 

  Rule 8. (1) An person individual responsible for filing a vital record which that contains suspected false information shall file the vital record and shall report the suspicion to the local registrar. 

  (2) A local registrar receiving a report of suspected false information or a vital record suspected of containing false information, shall report it to the state registrar. 

R 325.3209   Late filing of certificates of birth and certificates of death. 

  Rule 9. (1) Certificates of birth filed after 5 days, but within 1 year of the date of birth, or certificates of death filed after 72 hours, but within 1 year of the date of death, shall be filed on the standard form in the manner prescribed in sections 2822 and 2843 of the code. Each certificate filed more than one year after occurrence so filed shall be accompanied by a written explanation for the lateness of the filing.

(2) When an individual is found dead and the date of death as determined by the county medical examiner is at least 1 year before the date the body was found, the death shall must be registered on the form in use at the time the body is found and the state registrar shall mark the certificate of death "delayed." 

R 325.3210  Filing of certificates of death with incomplete information. 

  Rule 10. (1) If all the information necessary to complete a certificate of death is not available within the time prescribed for filing of the certificate, the funeral director shall file the certificate completed with all information that is available. In all cases, the medical certification shall must be signed by the person individual responsible for the certification. If the cause of death is not known or not yet determined, the cause of death shall must be shown as "pending." 

  (2) A local registrar shall  accept a certificate of death showing the cause of death as "pending" only if signed by a county medical examiner or a deputy county medical examiner licensed to practice medicine in this any state. 

  (3) A supplemental report providing the information missing from the original certificate shall must be filed by the person individual responsible for obtaining the missing information with the state registrar as soon as possible, but in all cases within 60 days of after the date the death occurred. 

  (4) If the supplemental report is filed before the certificate is registered, the missing information shall must be added to the certificate. Otherwise, the certificate shall must be replaced. 

  (5) Supplemental reports filed more than 60 days after the date of death shall must be considered an application to amend the record. 

R 325.3211  Original records; minor changes or alterations. 

  Rule 11. (1) The person individual responsible for filing a vital record may make a minor change or alteration to the original paper record only through use of a lift-off process. Changes or alterations made by erasure, correcting fluids tape, or image overlay are not acceptable, except on portions designated as only for statistical, health, or medical use only. 

 (2) Death certificates may be changed by the mortuary science or funeral director licensee responsible for the disposition of the deceased or the physician who certified the cause of death within 30 days after the file date in the electronic death registration system.  Changes made to the medical section of the record by the mortuary science or funeral director licensee must be substantiated by documentary evidence provided by the certifying physician. 

  (3) Data entry errors by the data provider in the birth registration system may be corrected during the 6 months after the date of birth.  Statistical data can be changed by the data provider until the annual statistical file is closed.  

R 325.3212  Errors in filing and registration. 

  Rule 12. The state registrar or a local registrar may make changes to the record where the change corrects an error made by a registrar in the filing or registration of the record. All changes shall must be done using procedures approved by the state registrar. 

R 325.3213  Local registrar to number, date, and affix signature. 

  Rule 13. A local registrar shall must number, shall provide a date of filing for, and shall sign or electronically certify each vital record accepted for filing in accordance with instructions issued by the state registrar. 

R 325.3215  Hospitals or institutions; preparation of certificates of death. 

  Rule 15. When death occurs in a hospital or other institution and the death does not fall within the jurisdiction of the county medical examiner, the person individual in charge of the institution, or his or her that individual’s designated representative, may initiate the preparation of the certificate of death only as follows through either of the following: 

  (a) Enter the required information into the electronic death registry system in conformance with instructions issued by the state registrar. 

  (b) Complete the medical certificate of death as follows: 

   (i) Place the full name and sex of the deceased and the date and place of death on the medical certificate of death. 

   (ii) Obtain from the attending physician the cause of death from the attending physician, other information required of the physician, and the attending physician's signature. 

   (iii) Present the partially completed medical certificate of death to the funeral director or person an individual acting as such. 

R 325.3216 County Mmedical examiner; preparation of certificates of death. 

  Rule 16. If a death falls within the jurisdiction of a county medical examiner, the county medical examiner may initiate the preparation of the certificate of death as specified in these rules. 

R 325.3217  Proper presentation of certificates of death for physician signature. 

  Rule 17. (1) A physician responsible for completing the medical certification on a certificate of death shall provide the certification when a certificate of death is presented to him or her that individual with, at a minimum, least all of the following information: 

  (a) The name of the deceased. 

  (b) The sex of the deceased. 

  (c) The county, city, village, or township and address of the deceased. 

  (2) A record completed in this the manner described in subrule 1 of this rule is considered properly presented for the purpose of obtaining the medical certification. 

R 325.3218  Foundling registration. 

  Rule 18. (1) When an person individual assumes custody of a child of unknown parentage, the facts as prescribed by section 2825 of the code, MCL 333.2825, shall must be reported on the birth certificate form in use at the time the infant is found. 

  (2) All items on the form must be completed in conformance with instructions issued by the state registrar. The completed certificate shall must be forwarded to the state local registrar in the area where the infant was found. 

  (3) Before registration, the state registrar data provider shall make a reference mark on the record to identify the record as that of a foundling child. The reference mark shall must not disclose the fact that the record is for a foundling child. 

(4) Following registration, the state registrar shall forward a copy of the certificate to the local registrar for the area where the infant was found.

R 325.3219  Registration of presumptive death. 

  Rule 19. (1) A certificate of death prepared on the basis of an order of a probate the court which that finds that an person individual is presumed to have died in this state as a result of a disaster or accident shall must be prepared on the certificate of death form in the manner in use at the time the order is presented. 

  (2) All items on the certificate of death shall must be prepared as fully as possible. If unknown, the items shall must be completed as unknown, except that all information on the disposition of the body shall must be left blank. 

  (3) A copy of the court order and the certificate of death shall must be submitted to the state registrar. 

  (4) Before registration, the state registrar shall must mark the certificate "presumptive" and shall record on the certificate the name of the probate court which that issued the order, case number, and the date of the order. 

  (5) Following registration, the state registrar shall  forward a copy of the certificate to the local registrar for the area where death was presumed to have occurred. 

R 325.3220  Delayed registration of birth; application; establishment; evidence; review of

  application and evidence; dismissal or denial of application; preparation and filing of

  registration; rescission of registration. 

  Rule 20. (1) A living person individual born in this state Michigan who has received an official notice from the state registrar that the person's individual’s birth is not recorded in the office of the state registrar or that person's individual’s parent, guardian, or legal representative may apply for the establishment of a delayed registration of birth subject to these rules. or an older person having knowledge of the facts of birth. In the absence, inability, or refusal of a parent or guardian of any non-emancipated minor, any next of kin 18 years of age or older who is at least 10 years older than the registrant acting for the registrant and having personal knowledge of the facts of the live birth, may apply for the establishment of a delayed registration of birth subject to these rules. 

  (2) An Aapplication shall must be made on a form prescribed by the state registrar setting forth the facts prescribed in subrule (3) of this rule and sworn to, before a notary before an official authorized to administer oaths, by the person individual whose birth is to be registered if the registrant is 18 years of age or older or an emancipated minor, and is competent to sign and swear to the accuracy of the facts stated therein; on the application. Ootherwise, the application shall must be sworn to by any of the following:

   (a) One of the parents.

   (b) The legal guardian.

   (c) A legal representative.

   (d) or an older person having knowledge of the facts of birth.In the absence, inability, or refusal of their parent or guardian, any next of kin 18 years of age or older who is at least 10 years or older than the registrant acting for the registrant and having personal knowledge of the facts of the live birth.

  (3) The minimum facts to be established for a delayed registration of birth are as follows: 

   (a) The full name of the registrant at the time of birth. 

   (b) The date of birth and place of birth of the registrant. 

   (c) The full maiden name and birthplace of the registrant's mother. 

   (d) The full name and birthplace of the registrant's father, except that if the mother was not married to the father at the time of birth or within 10 months 300 days preceding the birth, the name of the father shall must not be entered on the delayed registration of birth, unless there is filed with the  department a properly executed affidavit of parentage, a true or certified copy of an acknowledgment of paternity filed in a court, or a true or certified copy of a court determination of paternity. 

  (4) The application shall must be accompanied by the fee prescribed by law and documentary evidence as prescribed by these rules. 

  (5) The official notice of the state registrar that the birth cannot be located in the files of the state registrar shall must accompany the application, except that this notice is not necessary for applications received within 1 year after of the date the statement was issued. 

  (6) Each of the facts prescribed by subrule (3) of this rule shall must be supported by any of the following:

   (a) Two documents prepared within 5 years of the date of the event. For individuals over the age of 10, 3 pieces of acceptable documentary evidence that establish to the satisfaction of the state registrar the facts and date of the live birth.  Documents must have been established at least 10 years before the date of application.  

   (b) One document prepared within 5 years of the date of the event and 1 document

prepared not less than 5 years before the date of application. For individuals 10 and under, 2 pieces of acceptable documentary evidence that  establish to the satisfaction of the state registrar the facts of birth. Documents must be dated at least 1 year before the date of application or within the first year of life. 

   (c) One document prepared within 5 years of the date of the event and an affidavit of

personal knowledge of the birth from an older relative establish to the satisfaction of the State Registrar the name of the mother. At least 1 piece of documentary evidence that  establishes to the satisfaction of the state registrar the names of the mother and father.

   (d) Two documents prepared not less than 5 years before the date of application

And an affidavit of personal knowledge of the birth from an older relative.

(e) Three documents prepared not less than 5 years before the date of application.

  (7) Documents submitted in support of a request to establish a delayed birth certificate which that contain signs of erasure, alterations, or changes to the pertinent information shall must not be accepted. 

  (8) The state registrar shall review each application and the evidence submitted in support of the application. When the documentary evidence is insufficient to support the application, the state registrar may require the submission of additional documentary evidence. The state registrar shall dismiss an application when additional evidence requested or the required fee is not received within 6 months 1 year after of the request for the additional evidence or the fee. When an application is dismissed, the state registrar shall send a written notice of dismissal to the applicant and shall return the documentary evidence. The application fee submitted shall must be retained. The state registrar shall deny an application when the applicant refuses to submit the required fee or complete an application, when the applicant is not eligible to apply, or when the applicant cannot provide satisfactory documentary evidence in support of the application. When an application is denied, a written notice of denial shall must be forwarded to the applicant indicating the reason for the denial. All documentary evidence shall be returned to the applicant. The application fee submitted shall must be retained, except when the applicant is not eligible to apply. 

  (9) If, after review of the application and the evidence, the state registrar is satisfied that the evidence supports the request, the state registrar shall prepare a delayed registration of birth on a form prescribed by the state registrar and shall place the record in the active files of the system of vital statistics. A delayed registration of birth shall must show on its face a summary statement of the evidence submitted in support of the delayed registration of birth and shall be marked "delayed." A copy of the delayed registration of birth shall must be forwarded to the local registrar for the area where the birth occurred. The documentary evidence shall be returned to the applicant.

  (10) If the state registrar becomes aware that a delayed registration of birth prepared by the department is invalid or that the evidence received in support of the delayed birth certificate is false or invalid, the delayed registration of birth shall must be rescinded. The state registrar shall forward a notice of the rescission to the last known address of the applicant. The state registrar shall notify the local registrar of the rescission of the record and shall instruct the local registrar to remove the record from the files. 

  (11) A delayed registration of birth cannot be registered for a deceased individual. 

R 325.3221 Delayed registration of death; application; establishment; evidence; review of

  application and evidence; dismissal or denial of application; preparation and filing of

  registration; rescission of registration. 

  Rule 21. (1) A next of kin of a deceased person individual who has received an official notice from the state registrar that the death is not recorded in the office of a local registrar or the state registrar, the person individual responsible for the medical certification of death, or the person individual responsible for disposing of the deceased's body who has received an official notice from the state registrar that the death is not recorded in the office of a local registrar, or the state registrar may establish a delayed registration of death if the date of application is more than 1 year after the date the person individual was pronounced dead. 

  (2) An Aapplication shall must be made on a form prescribed by the state registrar, shall set forth the minimum facts prescribed in subrule (3) of this rule, and shall be sworn to by the applicant before an official authorized to administer oaths. 

  (3) The minimum facts to be established are as follows: 

   (a) The full name of the deceased at the time of death. 

   (b) The sex of the deceased. 

   (c) The date and place of death. 

   (d) The manner and cause of death as determined by a physician licensed to practice medicine in this state and the name and address of the physician. 

   (e) The date, place, and method of disposition of the body as recorded by an person individual authorized by law to dispose of a dead body and the that person's individual’s name and address. 

  (4) The application shall must be accompanied by the fee prescribed by law and documentary evidence prescribed by these rules. 

  (5) Documents submitted in support of a request to establish a delayed registration of death which that contain signs of erasure, alterations, or changes to the pertinent information shall must not be accepted. 

  (6) The facts prescribed in subrule (3) of this rule shall must be supported by either of the following: 

   (a) A copy of pertinent medical records for the deceased or an affidavit by a physician licensed to practice medicine in this state which that sets forth all of the following: 

    (i) The full name of the deceased. 

    (ii) The date and place of death. 

    (iii) The manner of death. 

    (iv) The cause of death. 

    (v) The physician's address. 

   (b) An affidavit by an person individual authorized by law to dispose of a dead body which that sets forth all of the following: 

    (i) The full name of the deceased. 

    (ii) The date, place, and method of disposal of the body. 

    (iii) The address of the person individual disposing of the body. 

    (iv) Other personal facts identified on the application form which that may be known to the affiant or copies of documents which that support the facts. 

   (c) In all cases the affiant shall swear that the facts provided are based on pertinent records concerning the deceased which that are in the possession of the affiant. 

  (7) The state registrar shall must review each application and the evidence submitted in support of the application. When the documentary evidence is insufficient to support the requested change, the state registrar may require the submission of additional documentary evidence. The state registrar shall dismiss an application when additional evidence requested or the required fee is not received within 6 months 1 year after of the request for the additional evidence or fee. When an application is dismissed, the state registrar shall  send a written notice of dismissal to the applicant and return the documentary evidence. The application fee submitted shall must be retained. The state registrar shall deny an application when the applicant refuses to submit the required fee or complete an application, when the applicant is not eligible to apply, or when the applicant cannot provide satisfactory documentary evidence in support of the application. When an application is denied, a written notice of denial shall must be forwarded to the applicant indicating the reason for the denial. All documentary evidence shall be returned to the applicant. The application fee submitted shall must be retained, except when the applicant is not eligible to apply. 

  (8) If, after review of the application and the evidence, the state registrar is satisfied that the evidence supports the request, the state registrar shall prepare a delayed registration of death on a form prescribed by the state registrar and shall place the record in the active files of the system of vital statistics. A delayed registration of death shall show on its face a summary statement of the evidence submitted in support of the delayed registration of death and shall must be marked "delayed." A copy of the delayed registration of death shall must be forwarded to the local registrar for the area where the death occurred. The documentary evidence shall be returned to the applicant.

  (9) If the state registrar becomes aware that a delayed registration of death record prepared by the state registrar is invalid or that the evidence received in support of the delayed registration of death is false or invalid, the delayed registration of death shall must be rescinded. The state registrar shall forward a notice of rescission of the record to the last known address of the applicant. The state registrar shall must notify the local registrar of the rescission of the record and shall instruct the local registrar to remove the record from the files.