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.