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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2016

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Regulatory Flexibility Act Form

Authenticated PDF Version

16 DE Admin. Code 4205
Copies of the proposed regulations are available for review in the November 1, 2016 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov or by calling the Division of Public Health at (302) 744-4951.
16 Del.C. §3104 has established in the Division of Public Health an Office of Vital Statistics which shall install, maintain and operate the only system of vital statistics throughout this State. The Office of Vital Statistics shall have branch offices in each county. The Department of Health and Social Services shall designate one such branch as the central Office of Vital Statistics, and this branch shall be responsible for the supervision of the operation of the other vital statistics offices throughout this State.
2.1 When an authorized reproduction of a vital record has been properly prepared by the State Registrar in accordance with 29 Del.C. Ch. 5 and when all steps have been taken to insure the continued preservation of the information, the record from which such authorized reproduction was made may be disposed of in accordance with an approved disposition schedule. Such record may not be disposed of, however, until the quality of the authorized reproduction has been tested in accordance with 29 Del.C. Ch. 5 to insure that acceptable certified copies can be issued and until a security copy of such document has been placed in a secure location removed from the building where the authorized reproduction is housed. Such security copy shall be maintained in such a manner to insure that it can replace the authorized reproduction should the authorized reproduction be lost or destroyed.
2.2 The State Registrar shall update the appropriate retention and disposition schedules as necessary. The State Division of Historical and Cultural Affairs shall adhere to applicable state laws and regulations pertaining to vital records.
3.2.9.110 that is not prepared in conformity with regulations or instructions issued by the State Registrar.
4.1 To protect the integrity of vital records:
4.1.1 The State Registrar or other custodians of vital records shall not permit inspection of these records, or disclose information contained in vital statistics records, or copy or issue a copy of all or part of any such record unless he or she is satisfied that the applicant is authorized to obtain a copy or abstract of such record.
4.1.1.1 Family members doing genealogical research and genealogists representing a family member may obtain copies of records needed for their research. Unless the registrant is deceased, appropriate authorizations shall be required from the registrant or relevant family members as defined in section 3110(b) for the release of the records. If family members, or genealogists representing them, are unable to establish the death of a registrant or to identify those closer family members authorized by Section 3110(b), they may obtain copies of marriage and death records only upon presentation of evidence satisfactory to the State Registrar that they are directly descended from a parent or grandparent of the registrant.
4.1.1.2 The term "authorized representative" shall include an attorney, physician, funeral director, or other designated agent acting in behalf of the registrant or his or her family.
4.1.1.3 The natural parents of adopted children, when neither has custody, and commercial firms or agencies requesting listings of names and addresses shall not be authorized to obtain copies or abstracts of the record.
4.1.2 The State Registrar or local custodian shall not issue a certified copy of a record until the applicant has provided sufficient information to locate the record. Whenever it shall be deemed necessary to establish an applicant's right to information from a vital record, the State Registrar or local custodian may also require identification of the applicant or a sworn statement.
4.1.3 When 72 years have elapsed after the date of birth, or 40 years have elapsed after the date of death or marriage, such records in the custody of the State Registrar shall become available to any person upon submission of an application containing sufficient information to locate the record. The State Registrar shall collect the same fee for each copy issued or search of the files made, as is charged for a single certified copy. The same fee shall apply for vital records in the possession of the Division of Historical and Cultural Affairs.
4.1.4 All forms and procedures used in the issuance of certified copies of vital records in the state shall be uniform and provided or approved by the State Registrar. All certified copies issued shall have security features that deter the document from being altered, counterfeited, duplicated, or simulated without ready detection. All certified copies shall include, at a minimum, the following security features:
4.1.4.1 sensitized security paper;
4.1.4.2 background security design;
4.1.4.3 copy void pantograph;
4.1.4.4 consecutive numbering;
4.1.4.5 engraved border;
4.1.5 A certified copy or other copy of a death certificate containing the cause of death information shall not be issued except as follows:
4.1.5.1 Upon specific request of the spouse, children, parents, or other next of kin of the decedent or their respective authorized representatives; or
4.1.5.2 when a documented need for the cause of death to establish a legal right or claim has been demonstrated; or
4.1.5.3 when the request for the copy is made by or on behalf of an organization that provides benefits to the decedent's survivors or beneficiaries; or
4.1.5.4 upon specific request by local, state, or Federal agencies for research or administrative purposes approved by the Department of Health and Social Services; or
4.1.5.5 when needed for statistical or research activities provided requests for such information conform to the Regulations Governing The Release of Vital Statistics Data For Research And Statistical Purposes established by the Department of Health and Social Services; or
4.1.5.6 upon receipt of an order from a court of competent jurisdiction ordering such release.
4.1.6 Nothing in these regulations shall be construed to permit disclosure of information contained in the "Information for Medical and Health Use Only" section of the certificate of birth or the "Information for Statistical Purposes Only" section of the certificate of marriage or certificate of divorce or annulment unless specifically authorized by the Department of Health and Social Services for statistical or research purposes. Such data shall not be subject to subpoena or court order and shall not be admissible before any court, tribunal, or other judicial body.
4.1.7 When the State Registrar receives information that a certificate may have been registered through fraud or misrepresentation, he or she shall withhold issuance of any copy of that certificate pending an administrative hearing. The sole purpose of the hearing shall be to determine whether their there is sufficient evidence to continue to withhold issuance of copies of said certificate. The State Registrar shall offer the registrant or the registrant's authorized representative notice and opportunity to be heard. If upon conclusion of the hearing no fraud or misrepresentation is found, copies may be issued. If upon conclusion of the hearing fraud or misrepresentation is found, the State Registrar shall remove the certificate from the file. The certificate and evidence shall be retained but shall not be subject to inspection or copying except upon order of a court of competent jurisdiction or by the State Registrar for purposes of administering the vital statistics program.
5.1.1 When a birth occurs in Delaware outside of a hospital or institution, and the birth certificate is filed before six months, additional evidence in support of the facts of birth may be required.
5.1.2 A certificate for the birth shall be completed and filed upon presentation of the following evidence by the individual responsible for filing the certificate:
5.1.2.1 Evidence of pregnancy, such as but not limited to:
5.1.2.1.1 Prenatal record, or
5.1.2.1.2 a statement from a physician or other health care provider qualified to determine pregnancy, or
5.1.2.1.3 a home visit by a public health nurse or other health care provider, or
5.1.2.1.4 other evidence acceptable to the State Registrar.
5.1.2.2 Evidence that the infant was born alive, such as but not limited to:
5.1.2.2.1 A statement from the physician or other health care provider who saw or examined the infant, or
5.1.2.2.2 an observation of the infant during a home visit by a public health nurse, or
5.1.2.2.3 other evidence acceptable to the State Registrar.
5.1.2.3 Evidence of the mother's presence in this state on the date of the birth, such as but not limited to:
5.1.2.3.1 If the birth occurred in the mother's residence,
5.1.2.3.1.1 A driver's license, or a state-issued identification card, which includes the mother's current residence on the face of the license/card, or
5.1.2.3.1.2 a rent receipt that includes the mother's name and address, or
5.1.2.3.1.3 any type of utility, telephone, or other bill that includes the mother's name and address, or
5.1.2.3.1.4 other evidence acceptable to the State Registrar.
5.1.2.3.2 If the birth occurred outside of the mother's place of residence, and the mother is a resident of Delaware, such evidence shall consist of:
5.1.2.3.2.1 An affidavit from the tenant of the premises where the birth occurred, that the mother was present on those premises at the time of the birth, and
5.1.2.3.2.2 evidence of the affiant's residence similar to that required in subsSection 502.5.1.2.3.1 of this regulation, and
5.1.2.3.2.3 evidence of the mother's residence in Delaware similar to that required in subsSection 502.5.1.2.3.21 of this regulation, or
5.1.2.3.2.4 Other evidence acceptable to the State Registrar.
5.1.2.3.3 If the mother is not a resident of Delaware, such evidence must consist of clear and convincing evidence acceptable to the State Registrar.
6.2 If a report of a foundling is later placed in a special file as provided by Section 3122(d) of the Delaware Code, the State Registrar may inspect such information for purposes of properly administering the vital statistics program or as otherwise provided by state law.
7.1.1 If all the personal information necessary to complete a certificate of death is not available within the time prescribed for filing of the certificate, the funeral director or person acting as such, shall file the certificate with all information that is available and satisfactorily account for all the items that are omitted.
7.1.2 A supplemental report providing the personal information omitted from the original certificate shall be filed by the funeral director or person acting as such with the State Registrar as soon as possible, but in all cases within 30 days of the date the death occurred.
7.1.3 The supplemental report shall be used to revise the existing certificate of death; and the certificate of death shall be marked "Revised".
7.2.1 When a pending certificate of death is filed pursuant to Section 3123(e), a revised certificate of death providing the medical information omitted from the original certificate shall be completed by the certifier within thirty days of the date the death occurred, or within sixty days if an extension has been applied for through the State Registrar. The revised certificate shall be forwarded to the funeral director or person acting as such. The funeral director will complete all the personal information and file the revised certificate of death with the Office of Vital Statistics. The revised certificate of death shall replace the pending certificate of death and shall be considered the original. Such certificate shall not be marked "Revised".
7.3.1.1 7.3.1 Place the full name of the decedent and the date, time, and place of death on the certificate of death and obtain the medical certification of cause of death from the attending physician or;
7.3.1.2 7.3.2 Place the full name of the decedent and the date, time, and place of death on the certificate of death and obtain the pronouncing physician's attestation.
7.3.23 Present the partially completed certificate of death to the funeral director or person acting as such.
8.2.1 The new certificate of birth prepared after adoption shall be on the form in use at the time of its preparation and shall include the following items and such other information necessary to complete the certificate:
8.2.1.1 The name of the child;
8.2.1.2 the date and city and/or county of birth as transcribed from the original certificate;
8.2.1.3 the names and personal particulars of the adoptive parents;
8.2.1.4 the name of the attendant, printed or typed;
8.2.1.5 the State File number assigned to the original certificate of birth;
8.2.1.6 the original filing date
8.2.2 The information necessary to locate the existing certificate and to complete the new certificate shall be submitted to the State Registrar on forms prescribed or approved by him or her.
9.1 The new certificate of birth prepared after acknowledgement or establishment of paternity shall be on the form in use at the time of its preparation and shall include the following items and such other information necessary to complete the certificate:
9.1.1 The name of the child;
9.1.2 the date and city and/or county of birth as transcribed from the original certificate;
9.1.3 the names and personal particulars of the natural parents;
9.1.4 the name of the attendant, printed or typed;
9.1.5 the State File number assigned to the original certificate of birth;
9.1.6 the original filing date.
9.2 The information necessary to locate the existing certificate and to complete the new certificate shall be submitted to the State Registrar on forms prescribed or approved by him or her.
10.1 Amendment of Minor Errors on Birth Certificates During the First Year. Amendment of obvious errors, transposition of letters in words of common knowledge, or obvious omissions may be made by the State Registrar within the first year after the date of birth either upon his or her own observation or query or upon request of a person as defined in subsSection 10.3. When such additions or minor amendments are made by the State Registrar, a notation as to the source of the information, together with the date the change was made and the initials of the authorized agent making the change shall be made on the certificate in such a way as not to become a part of any certified copy issued. The certificate shall not be marked "Amended."
10.2.3 The State Registrar shall evaluate the evidence submitted in support of any amendment, and when he or she finds reason to doubt its validity or adequacy, the amendment may be rejected and the applicant advised of the reasons for this action.
10.4.1 Until the registrant's first birthday, given names may be amended upon receipt of an affidavit signed by the parent(s) named on the certificate or the guardian, person, or agency having legal custody of the registrant.
10.4.2 After one year from the date of birth the provisions of Regulation subsection 10.2 must be followed to amend a given name if the name was entered incorrectly on the certificate of birth. A legal change of name order must be submitted from a court of competent jurisdiction to change a given name after one year.
10.5.1 Until the registrant's seventh birthday, given names, for a child whose birth was recorded without given names, may be added to the certificate upon receipt of an affidavit signed by the parent(s) named on the certificate or the guardian, person, or agency having legal custody of the registrant.
10.5.2 After seven years the provisions of Regulation subsection 10.2 must be followed to add a given name.
10.78 Amendment of Cause of Death. The cause of death may be amended only upon receipt of a signed statement or an approved electronic notification from the physician or medical examiner who originally certified the cause of death. In the absence or inability of the physician or with his or her approval the cause of death may be amended upon receipt of a signed statement or an approved electronic notification from his or her associate physician, or the chief medical officer of the institution in which death occurred, or a medical examiner who assumes jurisdiction of the case provided such individual has access to the medical history of the case. The State Registrar may require documentary evidence to substantiate the requested amendment.
10.89 Amendment of the Same Item More than Once. Once an amendment of an item is made on a vital record, that item shall not be amended again except upon receipt of a court order from a court of competent jurisdiction.
10.910 Methods of Amending Certificates. Certificates of birth, death, and marriage may be amended by the State Registrar in the following manner:
10.910.1 Completing the item in any case where the item was left blank on the existing certificate.
10.910.2 Drawing a single line through the item to be amended and inserting the correct data immediately above or to the side thereof. The line drawn through the original entry shall not obliterate such entry.
10.910.3 Amending a record maintained in an electronic file by changing the item(s) to be amended. The date of the amendment must be made part of the record and the original information must also be retained.
10.101 Denial of Amendment. When an applicant does not submit the minimum documentation required for amending a vital record or when the State Registrar has cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence, and if the deficiencies are not corrected, the State Registrar shall not amend the vital record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of appeal to a court of competent jurisdiction.
10.112 Notification of Amendment.
10.112.1 When a certificate or report is amended under this section by the State Registrar, the State Registrar shall report the amendment to any other custodian of the vital record and their record shall be amended accordingly.
10.112.2 When an amendment is made to a certificate of marriage by the local official issuing the marriage license, copies of such amendment shall be forwarded to the State Registrar.
11.2.1 Any person born in Delaware whose birth is not recorded in the state, his/her parent or guardian, or any other person age 18 or older acting for the registrant and having personal knowledge of the facts of birth may request the registration of a delayed certificate of birth, subject to these regulations and instructions issued by the State Registrar.
11.2.2 Each application for a delayed certificate of birth shall be signed and sworn to before an official authorized to administer oaths by the person whose birth is to be registered if 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 application shall be signed and sworn to by one of the parents of the registrant, his/her guardian, or any other person age 18 or older having personal knowledge of the facts of birth.
11.5.1 To be acceptable for filing, the name of the registrant at the time of the birth and the date and place of birth entered on a delayed certificate of birth shall be supported by at least:
11.5.1.1 A hospital record created at the time of birth, or two pieces of acceptable documentary evidence, if the record is filed within ten years after the date of birth; or
11.5.1.2 three pieces of acceptable documentary evidence, if the record is filed ten years or more after the date of birth.
11.5.2 Facts of parentage shall be supported by at least one document.
11.7.1 The State Registrar, or his or her designated representative, shall abstract on the delayed certificate of birth a description of each document submitted to support the facts shown on the delayed birth certificate. This description shall include:
11.7.1.1 The title or description of the document;
11.7.1.2 the name and address of the custodian.
11.7.1.3 the date of the original filing of the document being abstracted;
11.7.1.4 all birth facts required by subsSection 11.3 contained in each document accepted as evidence.
11.7.2 All documents submitted in support of the delayed birth registration shall be returned to the applicant after review.
12.1 The registration of a death after the time prescribed by statute and regulations shall be registered on the current certificate of death form in the manner prescribed below:
12.1.1 If the attending physician or medical examiner at the time of death and the attending funeral director or person who acted as such are available to complete the certificate of death, it may be completed without additional evidence and filed with the State Registrar. For those certificates filed six months or more after the date of death, the physician or medical examiner and the funeral director or person who acted as such must state in accompanying affidavits that the information on the certificate is based on records kept in their files.
12.1.2 In the absence of the attending physician or medical examiner and the funeral director or person who acted as such, the certificate may be filed by the next of kin of the decedent and shall be accompanied by two documents which identify the decedent and his or her date and place of death.
12.2 In all cases, the State Registrar may require additional documentary evidence to prove the facts of death.
12.3 A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the certificate.
13.1 The registration of a marriage after the time prescribed by statute shall be made on the current certificate of marriage form in the manner prescribed below:
13.1.1 The certificate must be filed with the Clerk of the Peace where the marriage license was originally issued.
13.1.2 To be acceptable for registration by the State Registrar the delayed certificate of marriage must be supported by:
13.1.2.1 A copy of the license or of the application for license if the license was granted, and
13.1.2.2 A signed statement from the officiant or the custodian of the records of the officiant and from one witness to the wedding ceremony indicating that a marriage ceremony was performed and the date and place of the marriage.
13.1.2.3 In all cases, the State Registrar may require additional documentary evidence to prove the facts of marriage.
13.1.2.4 When an applicant does not submit the minimum documentation required for delayed registration or when the State Registrar has cause to question the validity or adequacy of the statements or the documentary evidence, and if the deficiencies are not corrected, the State Registrar shall not register the delayed certificate of marriage and shall advise the applicant of the reasons for this action, and shall further advise the applicant of his or her right to seek an order from a court of competent jurisdiction.
Last Updated: December 31 1969 19:00:00.
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