20080827-IR-410070821FRA Adds 410 IAC 18-0.5 to add definitions. Amends 410 IAC 18-1-1 through 410 IAC 18-1-8 to correct terminology. Adds 410 IAC 18-3 to specify the documentation required to obtain a certified copy of a bi...

TITLE 410 INDIANA STATE DEPARTMENT OF HEALTH

Final Rule

LSA Document #07-821(F)

DIGEST

Adds 410 IAC 18-0.5 to add definitions. Amends 410 IAC 18-1-1 through 410 IAC 18-1-8 to correct terminology. Adds 410 IAC 18-3 to specify the documentation required to obtain a certified copy of a birth record and to whom a birth certificate may be issued by the state registrar. Adds 410 IAC 18-4 to specify the documentation required to obtain a certified copy of a death record and to whom a death certificate may be issued by the state registrar. Effective 30 days after filing with the Publisher.

410 IAC 18-0.5; 410 IAC 18-1-1; 410 IAC 18-1-2; 410 IAC 18-1-3; 410 IAC 18-1-4; 410 IAC 18-1-5; 410 IAC 18-1-6; 410 IAC 18-1-7; 410 IAC 18-1-8; 410 IAC 18-3; 410 IAC 18-4

SECTION 1. 410 IAC 18-0.5 IS ADDED TO READ AS FOLLOWS:

Rule 0.5. Definitions

410 IAC 18-0.5-1 Applicability

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 1. The definitions in this section apply throughout this article.

(Indiana State Department of Health; 410 IAC 18-0.5-1; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-0.5-2 "Adult" defined

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 2. "Adult" means a person at least eighteen (18) years of age.

(Indiana State Department of Health; 410 IAC 18-0.5-2; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-0.5-3 "Applicant" defined

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 3. "Applicant" means the person making application to obtain a birth certificate or death certificate.

(Indiana State Department of Health; 410 IAC 18-0.5-3; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-0.5-4 "Birth certificate" defined

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 4. "Birth certificate" means a certified copy of a birth record that includes the state registrar's signature and the seal of the state of Indiana.

(Indiana State Department of Health; 410 IAC 18-0.5-4; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-0.5-5 "Death certificate" defined

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 5. "Death certificate" means a certified copy of a death record that includes the state registrar's signature and the seal of the state of Indiana.

(Indiana State Department of Health; 410 IAC 18-0.5-5; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-0.5-6 "Direct descendant" defined

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 6. "Direct descendant" means, in relation to the individual, all of his or her descendants of all generations.

(Indiana State Department of Health; 410 IAC 18-0.5-6; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-0.5-7 "Domestic partner" defined

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 7. "Domestic partner" means a person, other than a spouse, with whom one cohabits.

(Indiana State Department of Health; 410 IAC 18-0.5-7; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-0.5-8 "Individual" defined

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 8. "Individual" means the person named in the birth or death record.

(Indiana State Department of Health; 410 IAC 18-0.5-8; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-0.5-9 "Legal guardian" defined

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 9. "Legal guardian" means a person who has been appointed as guardian by the court.

(Indiana State Department of Health; 410 IAC 18-0.5-9; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-0.5-10 "Parent" defined

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 10. "Parent" means the biological or adoptive mother or father of the individual.

(Indiana State Department of Health; 410 IAC 18-0.5-10; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-0.5-11 "Sibling" defined

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 11. "Sibling" means a person who has one (1) or more parents in common with the individual.

(Indiana State Department of Health; 410 IAC 18-0.5-11; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-0.5-12 "Spouse" defined

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 12. "Spouse" means the current husband or wife of the individual.

(Indiana State Department of Health; 410 IAC 18-0.5-12; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-0.5-13 "State department" defined

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 13. "State department" refers to the Indiana state department of health.

(Indiana State Department of Health; 410 IAC 18-0.5-13; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-0.5-14 "State health commissioner" defined

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 14. "State health commissioner" means the state health commissioner of the state department.

(Indiana State Department of Health; 410 IAC 18-0.5-14; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-0.5-15 "State registrar" defined

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 15. "State registrar" means the employee in charge of the state department administering the system of vital statistics.

(Indiana State Department of Health; 410 IAC 18-0.5-15; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

SECTION 2. 410 IAC 18-1-1 IS AMENDED TO READ AS FOLLOWS:

Rule 1. Provisional Notification of Death

410 IAC 18-1-1 Scope of rule

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 1. It is the express intent of this regulation rule to provide an orderly and systematic procedure for the official registration of deceased persons dying in this state when a certification of the cause of death cannot be obtained in time to prevent delay of funeral arrangements and disposition of the remains. It is intended that use of a provisional certificate notification of death shall be limited to those circumstances where the cause of death cannot be obtained prior to scheduled disposition of the remains without undue hardship upon the family of the deceased or the funeral director in charge of interment.

(Indiana State Department of Health; Reg HVR-1,Sec 1; filed Jul 28, 1959, 9:40 a.m.: Rules and Regs. 1960, p. 74; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

SECTION 3. 410 IAC 18-1-2 IS AMENDED TO READ AS FOLLOWS:

410 IAC 18-1-2 Provisional death notification information

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 2. A provisional certificate notification of death shall, as follows:

(1) Be prescribed and furnished by the Indiana state Board of Health. Such provisional certificate of death shall department.

(2) Require, but not be limited to, the following information:

(A) The name of the deceased.

(B) The usual residence of the deceased.

(C) The place of death or place where body was found.

(D) The time and date of death.

(E) The age, sex, and race or color of the deceased. and

(F) The name of the physician last in attendance to the deceased. The provisional certificate of death shall

(3) Be considered a privilege, not a right, and its uses and limitations shall be administered by the state department and local boards of health departments.

(Indiana State Department of Health; Reg HVR-1,Sec 2; filed Jul 28, 1959, 9:40 a.m.: Rules and Regs. 1960, p. 74; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

SECTION 4. 410 IAC 18-1-3 IS AMENDED TO READ AS FOLLOWS:

410 IAC 18-1-3 Permit for transportation or disposition of body; exceptions to use of provisional notification

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 3. The delivery of a provisional certif- icate notification of death and its acceptance by a local health officer authorized to use the same, shall entitle the person in charge of interment to a permit for transportation and/or or disposition, or both, of the body except that a provisional certificate notification of death shall not be used if disposition of the body is by cremation. If the circumstances suggest that the death is due to other than natural causes, permission of the coroner must be obtained prior to removal of the body or preparation of the body for burial. Upon use of a provisional certificate notification of death, the person in charge of interment shall present to the local health officer of the jurisdiction in which the death occurred or the body was found, a properly executed certificate of death within seven (7) days of the date of death or discovery of the body.

(Indiana State Department of Health; Reg HVR-1,Sec 3; filed Jul 28, 1959, 9:40 a.m.: Rules and Regs. 1960, p. 74; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

SECTION 5. 410 IAC 18-1-4 IS AMENDED TO READ AS FOLLOWS:

410 IAC 18-1-4 Authorization of local boards for use of provisional notification

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 4. Local boards of health departments shall:

(1) make application for use of a provisional certificate notification of death; and shall

(2) have unrevoked written authorization from the state Board of Health department prior to the use of any provisional certificate notification of death.

(Indiana State Department of Health; Reg HVR-1,Sec 4; filed Jul 28, 1959, 9:40 a.m.: Rules and Regs. 1960, p. 74; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

SECTION 6. 410 IAC 18-1-5 IS AMENDED TO READ AS FOLLOWS:

410 IAC 18-1-5 Revocation of authorization

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 5. Failure to comply with the provisions of this regulation and/or rule or the laws, or both, governing the administration of vital statistics shall be cause to revoke the authority for use of a provisional certificate notification of death in the local health jurisdiction. Upon discovery of willful or negligent violation or failure to comply with such provisions, the state Board of Health department shall notify the local health officer by registered mail that authority to use the provisional certificate notification of death is revoked, and such the revocation shall be effective upon receipt. A local health officer shall not be eligible for reapplication within one (1) year from the date of revocation of authority to use the provisional certificate notification of death.

(Indiana State Department of Health; Reg HVR-1,Sec 5; filed Jul 28, 1959, 9:40 a.m.: Rules and Regs. 1960, p. 74; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

SECTION 7. 410 IAC 18-1-6 IS AMENDED TO READ AS FOLLOWS:

410 IAC 18-1-6 Suspension of provisional notification privilege; liability

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 6. The local health officer may suspend the privilege of the provisional certificate notification of death to any funeral home, firm, or establishment for failure to present a properly executed certificate of death or for other good and sufficient cause. A suspension of the privilege to use the provisional certificate notification of death shall not be less than ninety (90) days nor more than twenty-four (24) months. The suspension shall be subject to review and amendment or repeal by the state Board of Health department. The funeral home, firm, or establishment shall be responsible for the acts of funeral directors or embalmers in its employ, and any suspension of privilege shall be binding upon it equally with the person in charge of interment.

(Indiana State Department of Health; Reg HVR-1,Sec 6; filed Jul 28, 1959, 9:40 a.m.: Rules and Regs. 1960, p. 75; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

SECTION 8. 410 IAC 18-1-7 IS AMENDED TO READ AS FOLLOWS:

410 IAC 18-1-7 Suspension list

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 7. The state Board of Health department shall issue on no not less than a quarterly basis the name and address of all funeral homes for which the privilege is suspended and the duration of such the suspension. All local health officers shall deny the use of the provisional certificate notification of death to any funeral home named on the suspension list.

(Indiana State Department of Health; Reg HVR-1,Sec 7; filed Jul 28, 1959, 9:40 a.m.: Rules and Regs. 1960, p. 75; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

SECTION 9. 410 IAC 18-1-8 IS AMENDED TO READ AS FOLLOWS:

410 IAC 18-1-8 Advisory committee; members

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 8. There is hereby created, an advisory committee composed of five (5) persons who shall be appointed by the state health commissioner, and such the members shall serve without pay for a three (3) year term or until their successors are appointed. The committee shall include the following:

(1) A local health officer.

(2) A physician.

(3) A representative of the Indiana Funeral Directors Association.

(4) A representative of the state board of embalmers and funeral directors. and

(5) A representative of the state Board of Health, department, who shall act as chairman. chairperson.

The committee shall be advisory to the state Board of Health department in matters pertaining to administration of the death registration system and this regulation. rule.

(Indiana State Department of Health; Reg HVR-1,Sec 8; filed Jul 28, 1959, 9:40 a.m.: Rules and Regs. 1960, p. 75; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

SECTION 10. 410 IAC 18-3 IS ADDED TO READ AS FOLLOWS:

Rule 3. Birth Certificates

410 IAC 18-3-1 Issuance of birth certificates

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37-2-2.1

Sec. 1. The state registrar may issue a birth certificate to the following applicants:

(1) The individual.

(2) The mother of the individual.

(3) The father of the individual, if named on the birth certificate, married to the mother of the individual, or paternity has been established under IC 16-37-2-2.1.

(4) A grandparent of the individual, if parents of the individual were married at the time of birth, or paternity has been established under IC 16-37-2-2.1.

(5) The legal guardian of the individual.

(6) An adult sibling of the adult individual.

(7) An adult aunt or adult uncle of the individual, if parents of the individual were married at the time of birth.

(8) The spouse of the individual.

(9) An adult child or adult grandchild of the individual.

(Indiana State Department of Health; 410 IAC 18-3-1; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-3-2 Documentation required to obtain birth certificate

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 2. The applicant of a birth certificate shall provide the following to the state registrar upon request:

(1) The following information about the individual:

(A) Full name at birth.

(B) City or county of birth.

(C) Date of birth.

(D) Parent's full names, including mother's maiden name.

(2) Purpose for which record is to be used.

(3) Guardianship papers, if applicable.

(4) The following information about the applicant:

(A) Documentation to verify relationship to the individual.

(B) Written signature.

(C) Photocopy of signature identification of the applicant.

(D) Address and telephone number.

(5) If the individual is under eighteen (18) years of age and is also the applicant, the following additional information must also be provided to the state registrar:

(A) Written signature of parent or guardian.

(B) Photocopy of signature identification of parent or guardian.

(C) Telephone number of parent or guardian.

(6) Other documentation as requested by state registrar.

(7) A check or money order payable to the Indiana state department of health for the correct amount required by law.

(Indiana State Department of Health; 410 IAC 18-3-2; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

SECTION 11. 410 IAC 18-4 IS ADDED TO READ AS FOLLOWS:

Rule 4. Death Certificates

410 IAC 18-4-1 Issuance of death certificates

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 1. The state registrar may issue a death certificate to any one (1) or more of the following applicants:

(1) The parents of the individual.

(2) Grandparents of the individual.

(3) Siblings of the individual.

(4) The spouse or domestic partner of the individual.

(5) Adult children of the individual.

(6) Direct descendants.

(7) Other applicants at the discretion of the state registrar.

(Indiana State Department of Health; 410 IAC 18-4-1; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

410 IAC 18-4-2 Documentation required to obtain death certificate

Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-37-1-3

Affected: IC 16-37

Sec. 2. The applicant of a death certificate shall provide the following to the state registrar upon request:

(1) Valid identification.

(2) Other documentation as requested by the state registrar.

(3) A check or money order payable to the Indiana state department of health for the correct amount required by law.

(Indiana State Department of Health; 410 IAC 18-4-2; filed Jul 31, 2008, 4:20 p.m.: 20080827-IR-410070821FRA)

LSA Document #07-821(F)

Notice of Intent: 20071128-IR-410070821NIA

Proposed Rule: 20080326-IR-410070821PRA

Hearing Held: May 28, 2008

Approved by Attorney General: July 23, 2008

Approved by Governor: July 31, 2008

Filed with Publisher: July 31, 2008, 4:20 p.m.

Documents Incorporated by Reference: None Received by Publisher

Small Business Regulatory Coordinator: Kevin Elmore, Indiana State Department of Health, 2 North Meridian Street, B4, Indianapolis, Indiana 46204, [phone], [e-mail]

Posted: 08/27/2008 by Legislative Services Agency

DIN: 20080827-IR-410070821FRA

Composed: Nov 01,2016 12:28:24AM EDT

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