216-RICR-10-10-1
216-RICR-10-10-1. Rules and Regulations Governing Vital Records (version Periodic Refile, 01/02/2002 to 10/18/2007)
RULES AND REGULATIONS
GOVERNING VITAL STATISTICS
(R23-3-VS)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Department of Health
(January 1964)
As Amended:
October 1984
August 1988 (E)
December 1988 (E)
December 1989 (E)
April 1990 (E)
August 1990
January 1995 (E)
May 1995 (E)
August 1995
January 2002 (re-filing in accordance with
the provisions of section 42-35-4.1 of the
Rhode Island General Laws, as amended)
INTRODUCTION
ii
These amended Rules and Regulations Governing Vital Statistics are promulgated pursuant to the authority
conferred under section 23-3-3 of the General Laws of Rhode Island, 1956, as amended, and are established for the
purpose of adopting an efficient statewide vital statistics system for the protection of the health, welfare and safety of the
public.
Pursuant to the provisions of section 42-35-3 (c) of the General Laws of Rhode Island, 1956, as amended, the
following issues have been given serious consideration in arriving at the proposed regulations:
(a)
alternative approaches to the regulations;
(b)
duplication or overlap with other state regulations; and
(c)
significant economic impact which would be placed on "small business" through these amended
regulations.
No alternative approaches, overlap or significant adverse economic impact were identified during or after the
comment period. Consequently, the amended rules and regulations are adopted in the interest of the public health,
safety and welfare.
These amended rules and regulations shall supersede the rules and regulations entitled "Regulations Governing
Vital Statistics" and any amendments thereto, previously promulgated by the Rhode Island Department of Health and
filed with the Secretary of State.
iii
TABLE OF CONTENTS
Page
PART I
DEFINITIONS AND DUTIES OF STATE AND LOCAL REGISTRARS 1
Section R23-3-VS
1.0
Definitions
2.0
Duties of State Registrar of Vital Statistics
3.0
Duties of Local Registrars
PART II
GENERAL REQUIREMENTS FOR THE FILING AND REGISTRATION OF
VITAL RECORDS
4
Section R23-3-VS
4.0
Authorized Forms
5.0
Duties to Report Information Required for Vital Records
6.0
Acceptance of Certificates
7.0
Registration Procedure
8.0
Transmittal Procedure
9.0
Void Certificates
PART III
REQUIREMENTS FOR BIRTH AND FOUNDLING REGISTRATION,
ADOPTION, LEGITIMATION, AND PATERNITY
7
Section R23-3-VS
10.0
Birth Registration
11.0
Foundling Registration
12.0
New Certificates of Birth Following Adoption, Legitimation, and
Paternity Determinations or Acknowledgements
PART IV
REQUIREMENTS FOR DEATH REGISTRATION
12
Section R23-3-VS
13.0
Death Registration
14.0
Responsibility of Funeral Director
15.0
Responsibility of Physician
16.0
Responsibility of Medical Examiner
17.0
Responsibility of Institution
18.0
Medical Certification of Cause of Death
PART V
REQUIREMENTS FOR FETAL DEATH REGISTRATION
15
Section R23-3-VS
19.0
Fetal Death Registration
20.0
Responsibility for Filing
21.0
Responsibility for Medical Certification
PART VI
REQUIREMENTS FOR BURIAL-TRANSIT, DISINTERMENT AND
REINTERMENT PERMITS AND CREMATION CERTIFICATES
17
Section R23-3-VS
iv
22.0
Permits for Burial-Transit
23.0
Permits for Disinterment and Reinterment
24.0
Final Disposition By Medical School
25.0
Cremation Certificates
PART VII
REQUIREMENTS FOR ISSUANCE, COMPLETION AND FILING OF MARRIAGE
LICENSE - MARRIAGE SOLEMNIZATION - DIVORCE REGISTRATION
19
Section R23-3-VS
26.0
Issuance of Marriage License
27.0
Marriage Solemnization
28.0
Completion and Filing of Marriage License
29.0
Divorce Registration
PART VIII
REQUIREMENTS FOR DELAYED AND LATE REGISTRATION OF
CERTIFICATES
21
Section R23-3-VS
30.0
Delayed Registration of Certificates
31.0
Delayed Registration of Birth Certificates
32.0
Medical Certification on Delayed Death Certificates
33.0
Delayed Registration of Marriage Certificates
34.0
Late Registration of Certificates
PART IX
AMENDMENTS TO VITAL RECORDS
24
Section R23-3-VS
35.0
Requirements to Amend Vital Records
36.0
Procedure to Amend Vital Records
37.0
Additions or Minor Corrections to Birth Certificates
Within One Year of the Date of Birth.
PART X
DISCLOSURE, REPRODUCTION, AND CERTIFIED COPIES OF VITAL
RECORDS
27
Section R23-3-VS
38.0
Disclosure of Vital Records
39.0
Reproduction for Preservation of Vital Records
40.0
Certified Copies of Vital Records
PART XI
FEES, VIOLATIONS AND PENALTIES - SEVERABILITY
30
Section R23-3-VS
41.0
Fees
42.0
Violations and Penalties
43.0
Severability
REFERENCES
1
PART I
DEFINITIONS AND DUTIES OF STATE AND LOCAL REGISTRARS
Section 1.0 Definitions
Wherever used in these rules and regulations, the terms listed below shall be construed in the following
manner; and, furthermore, every word importing the masculine gender only, may be construed to extend to
and to include females as well as males.
1.1
"Act" refers to Chapter 23-3 of the General Laws of Rhode Island, 1956, as amended, entitled
"Vital Statistics".
1.2
"Amendment" means any change, correction or addition made to a vital record after filing of same;
except that any minor correction or addition made to a birth record less than one year after the date
of the birth shall not be considered an amendment.
1.3
"Certifying physician" refers to a physician who has attended a person during his last illness prior to
death; or the physician declaring a person dead; or, if death occurred in a hospital, a registered
hospital medical officer duly appointed by the hospital director or administrator.
1.4
"Community of resident" means the city or town within the state of Rhode Island of a person's home
address at the time of his or her marriage or death or of his or her mother's home address at the
time of his or her birth.
1.5
"Dead body" means a lifeless human body or parts of such body or bones thereof from the state of
which it reasonably may be concluded that death occurred.
1.6
"Director" means the director of the Rhode Island Department of Health.
1.7
"Division" means the Division of Vital Statistics of the Rhode Island Department of Health.
1.8
"Fetal death" means death prior to the complete expulsion or extraction from its mother of a product
of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact
that after such expulsion or extraction the fetus does not breathe or show any other evidence of life,
such as beating of the heart, pulsation of the umbilical cord, or definite movement of the voluntary
muscles.
1.9
"Filing" means the presentation of a certificate, report, or other record provided for in law and in the
rules and regulations herein, for registration by the local registrar and/or the state registrar, as
specified in the rules and regulations herein. (See "Registration").
1.10
"Final disposition" means the burial, interment, cremation, or other disposition of a dead body or
fetus.
1.11
"Funeral director" means a person licensed to practice pursuant to Chapter 5-33 of the General
Laws of Rhode Island, 1956, as amended.
1.12
"Institution" means any establishment, public or private, which provides in-patient medical, surgical,
or diagnostic care or treatment; or nursing, custodial, or domiciliary care to two or more unrelated
individuals; or to which persons are committed by law.
2
1.13
"Live birth" means the complete expulsion or extraction from its mother of a product of human
conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction,
breathes or shows any other evidence of life, such as beating of the heart, pulsation of the umbilical
cord, or definite movement of the voluntary muscles, whether or not the umbilical cord has been cut,
or the placenta is attached.
1.14
"Local registrar" means a city or town clerk in Rhode Island or any other person designated for that
purpose by the governing body of a city or town in Rhode Island pursuant to section 23-3-6 of the
Act.
1.15
"Physician" means a person authorized or licensed to practice medicine pursuant to Chapters 5-36
and 5-37 of the General Laws of Rhode Island, 1956, as amended.
1.16
"Registrant(s)" means the subject(s) of the vital record.
1.17
"Registration" means the acceptance by the local registrar and/or the state registrar and the
incorporation in their official records of certificates, reports, or other records provided for in law, or
in the rules and regulations herein.
1.17.1 "Delayed registration" means the registration of any vital record one year or more after the
date of occurrence of the vital event.
1.17.2 "Late registration" means the registration of any vital record twenty or more days after the
last day of the month of occurrence, but less than one year following the vital event.
1.18
"State registrar" means the state registrar of vital statistics, who is also the chief of the Division of
Vital Statistics, appointed by the Director of Health pursuant to section 23-3-4 of the Act.
1.19
"System of vital statistics" means the registration, collection, preservation, amendment, and
certification of vital statistics records, and activities related thereto, including the tabulation, analysis,
and publication of statistical data derived from such records.
1.20
"Vital event" means a birth, death, fetal death, marriage, or divorce.
Section 2.0
Duties of State Registrar of Vital Statistics
2.1
Pursuant to the provisions of section 23-3-5 of the Act, the state registrar shall:
2.1.1 Administer and enforce the Act and the rules and regulations herein and issue instructions for
the efficient administration of the statewide system of vital statistics.
2.1.2 Direct and supervise the statewide system of vital statistics and the Division of Vital Statistics
and be custodian of its records.
2.1.3 Direct, supervise and control the activities of local registrars and the activities of town and
city clerks related to the operation of the system of vital statistics.
2.1.4 Prescribe, with approval of the Director, and distribute such forms as are required by the
3
Act and the rules and regulations herein.
2.1.5 Prepare and publish annual reports of vital statistics of this state and such other reports as
may be required by the Director.
2.1.6 Notify the Office of the Secretary of State and the appropriate local canvassing authority of
the receipt of a death certificate reporting the death of a person of voting age, and maintain a
list of such deceased persons.
2.1.7 Provide a copy of each certificate of birth, death, and marriage to the city or town clerk of
the community of residence of the registrant(s) on or before the tenth (l0th) day of the month
after the certificate is received by the division, except for those certificates filed directly with
the state registrar pursuant to section 23-3-10(d) (3) of the Act.
2.2
Pursuant to section 23-3-5(b) of the Act, the state registrar, with the approval of the Director, may
delegate such functions and duties vested in the state registrar to employees of the division and to
local registrars as deemed necessary or expedient.
2.3
Upon request, the state registrar shall provide to all funeral directors, attorneys, and other interested
persons in this state, information regarding current fees for certified copies of death records and
addresses of vital statistics offices in other states. In addition, the state registrar shall provide
information on services available in each state to expedite requests for certified copies of death
records.
2.3.1 The state registrar, in bona fide emergency situations, will attempt to further expedite
issuance of the certified copy of the death certificate by personally contacting the state
registrar or other person in charge of the vital statistics office in the other state.
2.3.2 Costs for electronic funds transfers and/or overnight delivery services shall be borne by the
original applicant in need of the expedited return of the certified copy of death.
Section 3.0 Duties of Local Registrars
3.1
Pursuant to the provisions of section 23-3-7 of the Act, the local registrar with respect to his city or
town shall:
3.1.1 Administer and enforce the provisions of the Act, the rules and regulations herein, and
instructions issued hereunder.
3.1.2 Require that certificates be completed and filed in accordance with provisions of the Act and
the rules and regulations herein.
3.1.3 Transmit in accordance with Section 8.0, 18.4, or such other sections, the certificates,
reports, or other returns filed with him for the preceding month to the state registrar or more
frequently when directed to do so by the state registrar.
3.1.4 Maintain such records, make such reports, and perform such other duties as may be
required by the state registrar.
4
3.1.5 Transmit on or before the tenth (10th) day of each month a list of the deaths filed with him
for the preceding month to his respective local board of canvassers.
PART II GENERAL REQUIREMENTS FOR THE FILING AND REGISTRATION OF VITAL
RECORDS
Section 4.0 Authorized Forms
4.1
In order to promote and maintain uniformity in the system of vital statistics, the forms of certificates,
records, and other reports required by the Act or the rules and regulations herein shall include, as a
minimum, the items recommended by the federal agency responsible for national vital statistics,
subject to the approval of and modification by the Director.
4.2
No forms other than those supplied by the state registrar shall be used for vital statistics, and all such
forms, records, and reports are the property of the state of Rhode Island and shall be surrendered to
the state registrar or his representative upon demand.
4.3
The state registrar shall prepare and issue such instructions concerning the use of forms and supplies
as may be required to secure the uniform observance of the Act and the maintenance of an
adequate system for the collection, registration and preservation of vital statistics throughout the
state.
Section 5.0 Duties to Report Information Required for Vital Records
5.1
Pursuant to section 23-3-27 of the Act, any person having knowledge of the facts regarding any
birth, death, fetal death, marriage or divorce, shall report such information as he may possess upon
demand of the state registrar and in accordance with the rules and regulations herein.
Section 6.0 Acceptance of Certificates
6.1
The state registrar and each local registrar to whom certificates are presented for registration shall
examine the certificates to determine that they have been completed on authorized forms and in
accordance with the Act, the rules and regulations herein, and instructions of the state registrar.
6.2
The state and local registrar shall only accept a certificate or such other forms for registration if:
a)
It is completed preferably by typewriter with black ribbon, or by hand, in legible printing
with black ink;
b)
It contains the printed or typed name and the original signature of the certifier on a birth,
death, or fetal death record, or of the officiant and witnesses on a marriage record.
c)
The cause of death is printed or typed on the death record;
d)
It is the original certificate on the authorized form;
e)
It contains proper and consistent data;
f)
It contains no corrections made with correction fluid or correction tape;
5
g)
It includes all the information requested on the form or satisfactorily accounts for any
omission; and
h)
It is satisfactorily completed in accordance with the Act and the rules and regulations herein.
6.3
When any certificate, presented to the state or local registrar for registration, is deemed to be
unacceptable for any of the reasons stated in section 6.2 above, it shall be the duty of the registrar to
notify the person responsible for filing or completing the certificate. The registrar may require the
responsible person either to supply complete and correct information to be entered on the certificate
or to complete and file a new certificate which shall not be marked "copy" or "duplicate".
Section 7.0 Registration Procedure
7.1
When the state or local registrar with whom a certificate or other form is filed for registration
determines that the certificate or other form is acceptable for registration, he shall register the
certificate or such other form by entering on its face the date of registration and his signature.
7.1.1 The state registrar and each local registrar shall number vital records consecutively. Such
numbering is to be carried out separately for each category of vital event, beginning with the
number l on the first certificate of each vital event, registered for each calendar year.
7.1.2 Each local registrar shall retain copies of all certificates registered as required above. Such
copies shall be maintained in numerical or alphabetical order for each vital event and shall be
preserved as permanent local vital records in a safe storage area.
Section 8.0 Transmittal Procedure
8.1
Each local registrar shall, on or before the twenty-fourth (24th) day of each month, transmit to the
state registrar all original certificates filed within his jurisdiction for vital events which have occurred
during or prior to the first fifteen (15) days of that month.
8.2
On or before the ninth (9th) day of each month, each local registrar shall transmit to the state
registrar all original certificates filed within his jurisdiction for vital events which have occurred during
or prior to the sixteenth (16th) through the last day of the prior month.
8.3
Transmittal forms provided by the state registrar shall be completed and signed by the local registrar
and shall accompany each transmittal.
8.4
If no certificate of birth, death, fetal death, or marriage was filed in any month, the local registrar
shall, on or before the ninth (9th) day of the following month, transmit such report to the state
registrar on forms provided for that purpose by the state registrar.
Section 9.0 Void Certificates
9.1
When the state registrar shall determine that any vital record was registered improperly, such as
through fraud, misrepresentation or duplication, he shall give written notice to the registrant or
informant of his intention to void said certificate. This notice shall give such person an opportunity to
6
appear and show cause why the certificate should not be voided. The notice shall be served on such
person by certified mail, return receipt requested, to his or her last known address on file in the
division. Unless such person shall demonstrate to the state registrar within thirty (30) days after the
date of mailing that there is satisfactory cause that the certificate should not be voided, the state
registrar shall void the certificate and it shall not be available for certification. Neither the state nor
local registrar shall issue copies until the matter is resolved.
7
PART III
REQUIREMENTS FOR BIRTH AND FOUNDLING REGISTRATION, ADOPTION,
LEGITIMATION, AND PATERNITY
Section 10.0 Birth Registration
10.1
A certificate of birth for each live birth which occurs in this state shall be filed with the local registrar
of the city or town in which the birth occurs within four (4) days after such birth and shall be
registered by the local registrar if it has been completed and filed in accordance with the Act and the
rules and regulations herein, except as provided under section 10.1.1 herein; and provided further
that, when a birth occurs on a moving conveyance, a birth certificate shall be filed in the city or town
in which the child was first removed from the conveyance.
10.1.1 In the case of a child born out of wedlock, the certificate shall be filed directly with the state
registrar, pursuant to section 23-3-10(d)(3) of the Act. However, subsequent to six (6)
months after birth and prior to the child reaching the age of majority, the parent(s) may have
a copy of the child's birth record filed at the local city or town clerk's office where the
mother resided at the time of birth by making application on a form provided by the state
registrar and paying the fee as provided for in section 23-3-25 of the Act. The parent(s),
prior to the child reaching the age of majority, may also remove the birth record from the
local office by filing an application with the state registrar and paying the fee as provided for
in section 23-3-25 of the Act. If, at the time application for transfer is made, the paternity of
the child is determined, then both parents must sign the application, otherwise only the
mother's signature is necessary. Upon the child reaching the age of majority, the child may
have a copy of his/her birth record filed at the local office of the city or town clerk where the
mother resided at the time of birth by making application as above.
10.2
When a birth occurs in an institution, the person in charge of the institution or his designee shall obtain
the personal data, prepare the certificate, secure the signatures required on the certificate, and file it
with the local or state registrar. The physician in attendance shall certify the facts of birth and
provide medical information required on the certificate within three (3) days after the birth.
10.2.1 Each director or administrator of an institution shall on or before the tenth (10th) day of each
month file a report with the state registrar, listing births occurring in the institution during the
previous month.
10.3
When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the
following in the indicated order of priority:
a)
The physician in attendance at or immediately after the birth; or
b)
In the absence of the person identified in (a), above, any other person in attendance at or
immediately after the birth; or
c)
In the absence of a person identified in (b), above, the father, the mother, or, in the absence
of the father and the inability of the mother, the person in charge of the premises where the
birth occurred.
10.4
The name of the father and the surname of the child to be recorded on the birth certificate shall be
determined as follows:
8
10.4.1 If the mother was married either at the time of conception or birth, the name of the husband
shall be entered on the certificate as the father of the child unless paternity has been
determined otherwise by a court of competent jurisdiction, in which case the name of the
father as determined by the court shall be entered.
10.4.2 If the mother was not married, either at the time of conception or birth, the name of the father
shall be entered on the certificate only if paternity has been established by affidavit of both
parents or by determination of a court of competent jurisdiction.
10.4.3 If the mother was not married either at the time of conception or birth and paternity has not
been established by affidavit of both parents or by determination of a court of competent
jurisdiction, the name of the father shall not be entered on the certificate and the child shall
bear the mother's surname.
Section 11.0 Foundling Registration (Infants of Unknown Parentage)
11.1
Whoever assumes the custody of a living infant of unknown parentage shall file a report within four
(4) days with the local registrar of the city or town in which the child was found.
11.1.1 The report shall be made on a certificate of live birth that shall be plainly marked "Foundling
Registration" in the top margin and shall include the following information:
a)
The name given to the child by the custodian;
b)
The place where the child was found, which shall be entered as the place of birth;
c)
The date of birth, which shall be determined by approximation;
d)
The sex of the child; and
e)
Other data as required by the state registrar.
11.1.2 Parentage data shall be left blank.
11.1.3 The custodian of the child shall sign the certificate in the space indicated for the certifier.
11.1.4 The name and address of the person(s) or institution with whom said child has been placed
for care, the date of the finding of said child, the approximate age of the child, and the race
of the child, if determined by the custodian, shall be listed on the reverse side of the
certificate.
11.2
Such reports shall be transmitted by local registrars to the state registrar in accordance with the
schedule prescribed herein for regular certificates of birth.
11.3
If the child is identified and a certificate of birth is found or obtained, any report registered under this
section shall be sealed and filed and may be opened only by order of a court of competent
jurisdiction.
9
Section 12.0 New Certificates of Birth Following Adoption, Legitimation, and Paternity Determinations or
Acknowledgements
12.1
Pursuant to section 23-3-15 of the Act, the state registrar shall establish a new certificate of birth for
a person born in this state when the state registrar receives one of the following:
a)
An adoption report as provided in section 23-3-14 of the Act or a certified copy of a decree
of adoption from a court of competent jurisdiction in another state or country, together with
the information necessary to identify the original certificate of birth and to establish a new
certificate of birth; except that a new certificate of birth shall not be established if the court
decreeing the adoption, the adoptive parents, or the adopted person requests that such new
certificate shall not be established; or
b)
A request that a new certificate be established and evidence of legitimation as required in
section 12.2 herein; or
c)
A request that a new certificate be established and a certified copy of an order from a court
of competent jurisdiction determining the paternity of such a person; or
d)
A request that a new certificate be established and a sworn acknowledgment of paternity
made by both parents of a registrant born out of wedlock, as required in section 12.2 herein.
12.2
Absent a court determination of paternity, the following evidence shall be required for legitimation or
paternity acknowledgment of a person born in this state:
a)
A sworn acknowledgment by the mother that she was free to marry both at the time of
conception and at the time of the birth of the registrant; and
b)
A sworn acknowledgment of paternity made by the mother listed on the registrant's original
certificate of birth and by the man to be named as father, certifying that they are the natural
parents of the registrant; and
c)
In addition, for a legitimation, a certified copy of a certificate of marriage showing that the
aforementioned natural parents of the registrant have been married in accordance with the
statutes of this state or of another state or country, or a court order recognizing such
marriage.
12.3
Absent a court determination of paternity, the state registrar shall not establish a new certificate of
birth when application to do so is made by the mother and a putative father if the name of a man
other than the putative father is listed as the father on the original certificate of birth or if the mother
was not free to marry both at the time of conception and at the time of birth of the registrant.
12.4
New certificates of birth subsequent to adoption, legitimation, or paternity shall be established in
conformance with the following procedures:
12.4.1 Information required to locate the existing certificate and to complete the new certificate shall
be provided on such forms as the state registrar may require.
12.4.2 The new certificate of birth shall be the certificate in use at the time the birth occurred. If
10
such certificate is not available, the certificate in current use shall be used.
12.4.3 The parents of a child who has been legitimated may choose a new given name and/or
surname for the child; such name(s) shall be entered as the name(s)of the registrant on the
new certificate of birth.
12.4.4 Pursuant to section 23-3-21(d) of the Act, following a sworn acknowledgement of paternity
where the parents have not married each other after the birth of the registrant, neither the
given name nor the surname of the registrant shall be changed unless an order by a court of
competent jurisdiction or a legal change of name is presented to the state registrar.
12.4.5 The new certificate of birth shall include the following items and such other information as
required to complete the certificate:
a)
The actual place and date of birth as transcribed from the original certificate;
b)
The names and personal information of the adoptive parents or of the natural
parents, as appropriate;
c)
The printed or typed name of the person in attendance at birth;
d)
The state file number and local file number, if any, assigned to the original birth
certificate; and
e)
The original filing date.
12.4.6 If no certificate of birth is on file for the person for whom a new certificate is to be
established, a delayed certificate of birth shall be filed with the state registrar, as provided in
sections 23-3-12 or 23-3-13 of the Act and in the rules and regulations herein, before a new
certificate of birth is established, except that when the date and place of birth and parentage
have been established in the adoption proceedings in accordance with section 23-3-15 of
the Act, a delayed certificate shall not be required.
12.5
A new certificate of birth established following adoption, legitimation, or paternity shall be substituted
for the original certificate, as follows:
12.5.1 The original certificate and the evidence of adoption, legitimation, or paternity shall be placed
in a sealed file and shall not be subject to inspection except upon order of a court of
competent jurisdiction.
12.5.2 All copies of the original certificate in the custody of local registrars in this state shall be
forwarded to the state registrar provided that, where such copies are in the form of entries in
permanent ledgers wherein removal of a single record is impossible or not feasible, the
entries on such records shall be eradicated with indelible ink.
12.6
Upon receipt of a court order nullifying an adoption, legitimation, or paternity, the state registrar shall:
a)
Remove the certificate created by the adoption, legitimation, or paternity from the division's
11
files and place it and the court order in a sealed file. Such records shall not be subject to
inspection except upon order of a court of competent jurisdiction;
b)
Restore the original certificate of birth to the division's files;
c)
Notify local registrars of the annulment;
d)
Take possession of and void local copies of the new certificate which was created following
adoption, legitimation, or paternity; except that where such local copy was entered in a
permanent ledger wherein removal of a single record is impossible or not feasible, the local
registrar shall eradicate the local copy with indelible ink; and
e)
Forward a copy of the original certificate to the local registrar to be used as the local copy
thereafter.
12
PART IV
REQUIREMENTS FOR DEATH REGISTRATION
Section 13.0 Death Registration
13.1
A death certificate for each death which occurs in this state shall be filed within seven (7) calendar
days after such death and prior to removal of a dead body from the state.
13.2
Death certificates shall be filed with the local registrar of the city or town:
a)
In which death occurred; or
b)
In which a dead body is found, if the place of death is unknown; or
c)
In which a dead body was first removed from a moving conveyance, if death occurs in such
conveyance.
Section 14.0 Responsibility of Funeral Director
14.1
The funeral director, his duly authorized agent or person acting as such, who first assumes custody of
a dead body shall file the certificate of death after he has completed the certificate:
a)
By entering the personal data obtained from the next of kin or best qualified person or
source available;
b)
By obtaining medical certification of cause of death from the person responsible therefor (the
physician who attended the deceased person during his last illness; or the physician declaring
such person dead; or, if the death occurred in a hospital, a registered hospital medical officer
duly appointed by the hospital director or administrator; or the medical examiner, pursuant to
section 23-3-16(d) of the Act); and
c)
By obtaining medical certification on the burial-transit permit in accordance with section 22.0
herein.
14.2
A funeral director or other person who removes a dead body or fetus from the place of death or
transports or finally disposes of a dead body or fetus shall keep a record containing information
which shall identify the body, the date and place of death, and the name of the individual who
released the dead body or fetus, pursuant to section 23-3-26(c) of the Act.
14.3
When a dead body or fetus is to be disinterred, the funeral director, his duly authorized agent or
person acting as such, shall obtain a disinterment permit from the local registrar at the place of
disinterment, in accordance with section 23.0 herein.
14.4
Each funeral director shall, on or before the tenth (10th) day of each month, file a report with the
state registrar listing funerals performed and/or decedents serviced following deaths or fetal deaths
during the previous month. Such reports shall be made on forms approved by the state registrar.
Failure to file these reports within the prescribed time shall be grounds for disciplinary action,
including revocation of license by the state board of examiners in embalming and funeral directors.
Section 15.0 Responsibility of Physician
13
15.1
Immediately following a person's death, the attending physician or the physician declaring a person
dead, or if the death occurs in a hospital, a registered hospital medical officer duly appointed by the
hospital director or administrator shall complete the physician's portion of the burial-transit permit,
provided that the death does not fall under the jurisdiction of the medical examiner in accordance
with section 15.1.1 below, so that the burial-transit permit can be released with the dead body.
Within forty-eight (48) hours of a person's death, the physician shall also give the funeral director a
certificate of death on which only the following information has been completed:
a)
The name of the deceased which shall be entered in the margin;
b)
The date of death;
c)
A properly completed medical certification of death, with cause of death printed or typed in
black ink;
d)
The certifier's signature and printed or typed name; and
e)
Such other information as may be required in the medical certification section of the death
certificate.
A staff member of an institution assisting the physician in completing the medical certification section
of a death certificate shall complete only the medical certification section as designated by the
physician.
15.1.1 The certifying physician shall not complete or sign the medical certification or burial-transit
permit but shall refer the case to the medical examiner, where the decedent may appear to
have met death in any manner as specified in the statutory and regulatory provisions of
references 1 and 2 herein.
Section 16.0 Responsibility of Medical Examiner
16.1
In all cases where the medical examiner has assumed medico-legal jurisdiction in accordance with
the statutory and regulatory provisions of references 1 and 2 herein, the medical examiner shall
execute and sign the medical certification and burial-transit permit in accordance with sections 18.0,
21.0, and 22.0 and within forty-eight (48) hours after taking charge of the case.
16.1.1 Furthermore, when death occurred without medical attendance as set forth in section
23-3-16(c) of the Act, the medical examiner shall investigate the cause of death and shall
complete and sign the medical certification and burial-transit permit within forty-eight (48)
hours after taking charge of the case pursuant to section 23-3-16(d) of the Act.
Section 17.0 Responsibility of Institution
17.1
Each director or administrator of an institution shall on or before the tenth (10th) day of each month
file a report with the state registrar, listing deaths and fetal deaths occurring in the institution during
the previous month.
17.2
When a dead human body is released or disposed of by an institution, the person in charge of the
institution shall keep a record showing the name of the deceased, date of death, name and address of
the person to whom the body is released, date of removal from the institution, or, if finally disposed
14
of by the institution, the date, place and manner of disposition shall be recorded, pursuant to section
23-3-26(b) of the Act.
Section 18.0 Medical Certification of Cause of Death
18.1
Completed and properly executed medical certification of cause of death shall mean the printed or
typed entry of a definite medical diagnosis of cause of death by a physician or medical examiner. This
may be:
a)
Entry of the clinical findings of the physician who attended the deceased for the illness or
condition that resulted in death; or
b)
Entry of tentative clinical findings that may or may not be supported by the gross findings of
an autopsy; or
c)
Entry of autopsy findings where necessary to establish a definite medical diagnosis of cause
of death.
18.2
In any case where an autopsy is to be performed, it shall not be necessary to defer the entry of the
cause of death until a full report is available or until microscopic or toxicological studies are
completed.
18.3
In any case where the autopsy findings significantly change the cause of death already entered on the
death certificate, a supplemental report of the cause of death shall be forwarded to the state registrar
by the certifying physician, attending physician, or medical examiner as soon as the findings are
available. The report shall be made on a form supplied by the state registrar and shall be signed by
the certifying physician, attending physician or medical examiner. Upon receipt of this form, the state
registrar shall enter the new information on the death certificate in accordance with sections 35.0 and
36.0 herein.
18.4
Whenever a local registrar receives a death certificate which has been certified by a certifying
physician or medical examiner and which states that the cause of death is "pending", such certificate
shall be registered upon receipt and immediately sent to the state registrar. Immediately upon
determining the cause of death, the medical examiner or certifying physician shall forward the cause
of death to the state registrar on forms furnished for that purpose.
15
PART V
REQUIREMENTS FOR FETAL DEATH REGISTRATION
Section 19.0 Fetal Death Registration
19.1
Fetal deaths of less than twenty (20) weeks gestation shall be reported directly to the state registrar
within seven (7) calendar days after delivery.
19.2
A fetal death certificate for each fetal death which occurs in this state after a gestation period of
twenty (20) or more weeks shall be filed with the local registrar of the city or town where the
delivery took place. The certificate shall be filed within seven (7) calendar days after delivery and
prior to removal of the fetus from the state. The local registrar shall accept the certificate for
registration if it has been completed and filed in accordance with the requirements of the Act and the
rules and regulations herein, provided that:
a)
When the place where the fetal death occurred is unknown, a fetal death certificate shall be
filed within seven (7) days after the finding in the city or town where the fetus was found; or
b)
If the fetal death occurred in a moving conveyance, a fetal death certificate shall be filed
within seven (7) days in the city or town where the fetus was first removed from the
conveyance.
Section 20.0 Responsibility for Filing
20.1
Responsibility for filing of the fetal death certificate shall reside with one of the following:
a)
The funeral director, his duly authorized agent or person acting as such, who first assumes
custody of a fetus for the purpose of final disposition or removal from the state; or
b)
The person in charge of the institution where the fetal death occurred, when the institution
disposes of the fetus; or
c)
The physician or other person in attendance at or after the delivery, when the fetal death
does not occur in a hospital or other institution and no funeral director assumes custody of
the fetus.
20.2
Prior to filing the fetal death certificate, the person responsible for its filing shall obtain the personal
information required on the certificate from the best source available and the medical certification,
including cause of death, from the person responsible therefor.
Section 21.0 Responsibility for Medical Certification
21.1
The medical certification shall be completed and signed within forty-eight (48) hours after delivery by
the physician in attendance at or after the delivery, in accordance with section 18.0 herein, unless
inquiry by the medical examiner is required by law.
21.2
When a fetal death occurs without medical attendance upon the mother at or after the delivery or
when inquiry is required pursuant to the statutory and regulatory provisions of references 1 and 2
herein, the medical examiner shall investigate the cause of fetal death and shall complete and sign the
16
medical certification within forty-eight (48) hours after taking charge of the case in accordance with
section 23-3-17(e) of the Act and section 18.0 herein.
17
PART VI
REQUIREMENTS FOR BURIAL-TRANSIT, DISINTERMENT AND REINTERMENT
PERMITS, AND CREMATION CERTIFICATES
Section 22.0 Permits for Burial-Transit
22.1
A burial-transit permit must be completed before a dead body can be cremated, buried, or removed
from the state. The permit shall be made available for removal with the dead body except when:
a)
The funeral director, his duly authorized agent or person acting as such, has been told by the
certifying physician that the death is not under the jurisdiction of the medical examiner, and
that such certifying physician will complete the burial-transit permit and medical certification
as required by the rules and regulations herein, prior to final disposition or removal of the
dead body from this state; or
b)
The death is under the jurisdiction of the medical examiner who has authorized the funeral
director to remove the dead body.
22.2
The funeral director, his duly authorized agent or person acting as such, who first assumes the
custody of a dead body shall prepare the burial-transit permit; such burial-transit permit shall be
signed by the funeral director and by the certifying physician or medical examiner in accordance
with section 15.0 and 16.0 herein.
22.3
A burial-transit permit issued under the law of another state which accompanies a dead body
brought into this state shall be authority for final disposition of the dead body in this state.
22.4
The burial-transit permit shall accompany the dead body during transportation except for first
removals within this state, as specified in Section 22.1 herein.
22.5
Burial-transit permits shall be presented to and shall be signed by the sexton or person in charge of
the cemetery, crematory, or other place of final disposition of a dead body prior to disposal of the
dead body.
22.6
On or before the fifth (5th) day of each month, the sexton or other person in charge of the place of
final disposition of a dead body shall transmit all burial-transit permits received during the prior month
to the local registrar of the city or town in which the place of final disposition is located.
22.7
Local registrars shall retain burial-transit permits for not less than five (5) years.
Section 23.0 Permits for Disinterment and Reinterment
23.1
A permit for disinterment and reinterment shall be required prior to disinterment of a dead body or
fetus unless otherwise ordered by a court of competent jurisdiction. However, if the dead body or
fetus is to be disinterred and reinterred in the same cemetery, no permit shall be required provided
that the sexton or other person in charge of the cemetery shall establish a record relative to the facts
of disinterment and reinterment within the cemetery.
23.2
The permit shall be issued in quadruplicate to the funeral director by the local registrar of the city or
town in which the place of disinterment is located, upon proper application on a form provided by
the state registrar.
18
23.3
The funeral director shall retain one copy, shall file the second copy with the sexton or person in
charge of the cemetery from which disinterment is to be made, shall use the third copy during
transportation and give it to the sexton or person in charge of the cemetery of reinterment, and shall
forward the fourth copy to the state registrar.
23.4
The sexton or other person in charge of the cemetery of disinterment shall establish a record of the
facts of disinterment and reinterment and shall, prior to the fifth (5th) day of the following month,
send the second copy to the local registrar of the city or town in which the cemetery of disinterment
is located.
23.5
The sexton or other person in charge of the cemetery of reinterment shall establish a record of the
facts of disinterment and reinterment and shall, prior to the fifth (5th) day of the following month,
send the third copy to the local registrar of the city or town in which the cemetery of reinterment is
located.
23.6
The division shall enter on the face of the death certificate the date of reinterment and the location of
the cemetery of reinterment.
Section 24.0 Final Disposition by Medical School
24.1
Following the final disposition of the remains of a dead body which has been conveyed to a medical
school to be used for anatomical study or other medical purposes, said school shall notify the state
registrar in writing, prior to the fifth (5th) day of the following month, of the date, manner, and place
of final disposition.
24.2
The state registrar shall enter on the face of the death certificate the date, manner, and place of final
disposition.
Section 25.0 Cremation Certificates
25.1
The body of a deceased person shall not be cremated in or removed from this state for the purpose
of cremation without a cremation certificate having been obtained from the Office of State Medical
Examiners in accordance with reference l herein, and section 23-3-18(e) of the Act.
25.2
A deceased person shall not be cremated within twenty-four (24) hours after death unless death
resulted from a contagious or infectious disease.
25.3
If the death occurred within this state, the dead body shall not be received or cremated by any
corporation authorized to cremate a dead body until its officers have received the burial-transit
permit required by law before burial and a cremation certificate from the medical examiner certifying
that the medical examiner has made a personal inquiry into the cause and manner of death and is of
the opinion that no further examination or judicial inquiry concerning the same is necessary.
25.4
If the death occurred without the state, the reception and cremation of the body of the deceased
person shall be governed by the receipt of the burial-transit permit or other appropriate certificate as
the cremation certificate from the medical examiner of the state of Rhode Island.
25.5
The funeral director shall mail the cremation certificate to the state registrar for filing.
19
PART VII
REQUIREMENTS FOR ISSUANCE, COMPLETION AND FILING OF MARRIAGE
LICENSE - MARRIAGE SOLEMNIZATION - DIVORCE REGISTRATION
Section 26.0 Issuance of Marriage License
26.1
Persons intending to be married in this state must first obtain a marriage license from:
a)
The local registrar in the city or town in this state in which the female party to the proposed
marriage resides; or
b)
The local registrar in the city or town in this state in which the male party resides, if the
female is a non-resident of this state; or
c)
The local registrar in the city or town in this state in which the proposed marriage is to be
performed, if both parties are non-residents of Rhode Island.
26.2
In situation (a) or (b) above, the marriage may be performed in any city or town in Rhode Island. In
situation (c), the marriage shall be performed only in the city or town where the marriage license was
issued.
26.3
Applicants for a marriage license shall provide all the information requested to complete the marriage
license, and shall attest to the truth of the information by signing the license in the presence of the
local registrar or his assistant. Furthermore, applicants must submit the following supporting
documentation:
a)
A valid form of identification providing date of birth for each applicant, preferably a certified
copy of a birth certificate;
b)
Pursuant to section 15-2-11 of reference 3, a minor's permit signed in the presence of the
local registrar, or his designee, by the parent(s) or guardian(s), if the bride is a minor of at
least sixteen (16) years of age but less than eighteen (18) years of age;
c)
Pursuant to section 15-2-11 of reference 3, a written order from the Family Court to issue
the license if the bride is less than sixteen (16) years of age and/or the groom is less than
eighteen (18) years of age; and
d)
A certified copy of a final divorce decree, or of a death certificate, if the applicant has been
previously married.
26.4
The license shall be valid for three (3) months after the date of issuance. If the marriage is not
performed within the three (3) months, the license becomes invalid and the party or parties in
possession of the license shall return it immediately to the local registrar from whom it was obtained.
Section 27.0 Marriage Solemnization
27.1
The persons to be married shall present the valid marriage license, signed by both of them and by the
local registrar of the place of issuance, to the officiant, who shall be a person empowered to join
persons in marriage pursuant to the provisions of sections 15-3-5 and 15-3-6 of reference 4 herein.
20
27.2
The presence of at least two (2) witnesses of legal age other than the officiant is required for the
solemnization of a marriage.
Section 28.0 Completion and Filing of Marriage License
28.1
After a marriage has been performed, the officiant shall provide for the completion of the following
items on the marriage license:
a)
The signatures of the two (2) witnesses, with names printed or typed;
b)
The date of the marriage;
c)
The city or town where the marriage was performed;
d)
The type of ceremony;
e)
The title, the name of the court, or the denomination of the officiant, as appropriate;
f)
The address of the officiant; and
g)
The signature of the officiant, with his name printed or typed, attesting to the facts of the
marriage.
All items must be completed legibly by typewriter or in black ink; all signatures must also be in black
ink.
28.2
The completed and signed marriage license shall be filed by the officiant, within seventy-two (72)
hours of the ceremony, with the local registrar of the city or town in which the marriage was
performed and shall be considered the marriage certificate for vital statistics purposes.
Section 29.0 Divorce Registration
29.1
For each divorce granted by any court in this state, a report shall be prepared and filed by the clerk
of such court with the state registrar. The report shall be furnished, with the final decree, to the clerk
of the court by the prevailing party, or his or her legal representative.
21
PART VIII
REQUIREMENTS
FOR
DELAYED
AND
LATE
REGISTRATION
OF
CERTIFICATES
Section 30.0 Delayed Registration of Certificates
30.1
All delayed certificates shall be filed directly with the state registrar on forms authorized for each vital
event and shall be clearly marked "delayed".
30.2
Certificates shall be accepted for delayed registration only if:
a)
A search by the division reveals that no certificate for the event has been previously
registered;
b)
The evidence as required in section 30.3 herein, has been submitted and found satisfactory
to the state registrar;
c)
Payment of the required statutory fee is made;
d)
The certificate has been completed as required; and
e)
The appropriate provisions of section 30.4 herein have been met.
30.3
Documentary evidence submitted in order to establish the date and place of the vital event and the
name(s) of the registrant(s) shall be original records or certified copies thereof and shall include as a
minimum:
a)
Two (2) evidentiary documents, if the certificate is filed within seven (7) years of the
occurrence of the vital event, one (1) of which must have been established within three (3)
years of the date of the vital event.
b)
Three (3) evidentiary documents if the record is filed seven (7) years or more after the
occurrence of the vital event. Such documents shall be at least five (5) years old and at least
one document must have been established within seven (7) years of the date of the vital
event.
c)
In either case, the evidence may consist of only one (1) affidavit from a person with
knowledge of the vital event; this affidavit need not conform with the time limitations specified
above.
d)
In order to establish additional information to be completed on the delayed certificate, at
least one (1) piece of documentary evidence, other than an affidavit from a person with
knowledge of the vital event must be submitted.
30.4
A delayed certificate of a vital event may be filed with the state registrar by the person who was
responsible for filing the certificate within the prescribed statutory and regulatory time requirements,
with a statement indicating that the information was taken from his records; or
30.4.1 For delayed birth certificates:
22
a)
The registrant, if of legal age; or
b)
The parent or guardian.
30.4.2 For delayed death certificates:
a)
The certifying physician; or
b)
The medical examiner when the case was under his jurisdiction; or
c)
The next of kin of the decedent; or
d)
The legal representative of the next of kin or of the estate of the decedent.
30.4.3 For delayed marriage certificates:
a)
Either married party; or
b)
A legal representative of either married party in the event one of the parties is
deceased or physically incapacitated.
30.5
The state registrar may require an explanation for the delayed filing from the person who requests the
filing. Such explanation shall be made a part of the delayed certificate.
30.6
If the state registrar determines after a review of evidentiary documentation that such evidence is
unsatisfactory, the applicant shall be so notified.
Section 31.0 Delayed Registration of Birth Certificates
31.1
The following facts, as a minimum, must be established to register a delayed birth certificate:
a)
The full name of the person at the time of birth, except that a name established by adoption,
legitimation, court determination of paternity, other court order, or sworn acknowledgment
of paternity may be reflected on the delayed registration;
b)
The date and place of birth; and
c)
The name(s) of the parent(s), except that inclusion of the father's name shall be subject to
section 10.4 herein.
Section 32.0 Medical Certification on Delayed Death Certificates
32.1
If the medical certification of the cause of death is indicated on the delayed death certificate, it must
be established by one of the following:
a)
The certifying physician; or
b)
The medical examiner; or
23
c)
A physician who has reviewed the medical records of the decedent.
Section 33.0 Delayed Registration of Marriage Certificates
33.1
As a minimum, evidence must be submitted that the registrants complied with the statutory
requirements of reference 3 herein, for obtaining a marriage license.
Section 34.0 Late Registration of Certificates
34.1
A late registration of a certificate shall be completed on the authorized form in use at the time of vital
event.
34.2
Satisfactory documentation, substantiating the name of the person and the date and place of the
occurrence of the vital event may be submitted to the state or local registrar in order to register a
"late" certificate of a vital event.
34.3
The state or local registrar may require an explanation for the failure to file the certificate within the
time prescribed by the Act and the rules and regulations herein. He may also require that
documentary evidence prescribed for delayed registration, in accordance with section 30.3 herein,
be submitted for the late registration. Such explanation or evidence shall be made a part of the
registration of the "late" certificate.
34.4
No certificate shall be accepted for "late" registration unless the evidentiary documentation is found
satisfactory to the state or local registrar or unless so ordered by a court of competent jurisdiction.
When a certificate is not accepted, the applicant shall be so notified.
24
PART IX
AMENDMENTS TO VITAL RECORDS
Section 35.0 Requirements to Amend Vital Records
35.1
A vital record may be amended only by the state registrar, in accordance with section 23-3-21 of
the Act and the rules and regulations herein.
35.2
In order to preserve the integrity and accuracy of vital records, the state registrar may initiate
amendments to vital records. In such cases, the state registrar may waive the requirements of section
35.5.
35.3
The following person(s) may apply to the state registrar for an amendment to a vital record:
a)
The person(s) originally responsible for filing the certificate; or
b)
The person(s) required to provide or complete the information thereon; or
c)
The registrant, his parent(s), guardian, next of kin, or legal representative.
35.4
The person who applies for an amendment to a vital record must submit satisfactory evidentiary
documentation to support the change(s), as required by section 35.5 herein. If the state registrar
deems the evidence is unsatisfactory, he shall notify the applicant that the registrar shall not amend
the record unless so ordered by a court of competent jurisdiction.
35.5
Evidentiary documentation to support an amendment to a vital record shall consist of the following:
a)
An affidavit executed by the registrant(s) or his relative, or a person with knowledge of the
correct information; and
b)
At least one (1) original document supporting the amendment, or a certified copy thereof,
signed by the custodian of the original document, provided that such document must have
been established within seven (7) years of the fact or event that it substantiates.
c)
For corrections of errors relating to race on a vital record, certified copies of the birth
records of either the registrant(s), or his parent(s), identifying race or color; or documents of
similar validity;
d)
For corrections of errors in the given name of a registrant on a birth record, an affidavit
executed only by the registrant, if of legal age, his parent(s) or his legal guardian(s), or his
legal representative; and one (1) evidentiary document, except as provided in sections 35.7
and 37.0 herein.
35.6
Except for the medical certification section on a death record, once an item has been amended on a
vital record in accordance with the evidentiary requirements of section 35.5 herein, such item shall
not be amended again unless the state registrar is ordered to do so by a court of competent
jurisdiction.
35.7
After thirty (30) days from registration in the division, changes to the given name of the registrant on
a birth certificate which reflect a new given name, rather than a minor correction in spelling, a variant
25
form of the name, or a clerical error, shall be made only upon submission of an order to do so from a
court of competent jurisdiction.
Section 36.0 Procedure to Amend Vital Records
36.1
An amendment to a vital record shall be completed by one of the following methods:
a)
Completing a blank item with the correct information and denoting the amendment with an
asterisk; or
b)
Drawing a single line through the incorrect information, typing the correct information directly
above or next to it, and denoting the amendment with an asterisk; or
c)
Preparing a new certificate with the corrected information, when corrected in accordance
with section 12.0 herein.
36.2
A vital record which has been amended shall be marked "Amended" and the date of the amendment
shall be entered on the vital record, except as provided in sections 12.0 and 37.0 herein.
36.3
Except as provided in section 12.0 herein, when the name of the registrant on a birth certificate is
changed by court order, pursuant to sections 23-3-21(a) and (c) of the Act, the birth certificate shall
be marked "Amended" and the effective date of the order and the name of the court shall be entered
on the birth certificate.
36.4
When the state registrar amends a vital record, a record of all evidentiary documentation supporting
the amendment shall be preserved in a permanent cross-reference file in the division. The state
registrar shall report all amendments to the local registrar(s) who have the records on file by
transmitting a photocopy or other notification of the amendment, in order that the local registrar shall
amend his copy of the vital record to agree with the original vital record on file at the division.
Section 37.0 Additions or Minor Corrections to Birth Certificates Within One Year of the Date of Birth.
37.1
Pursuant to section 23-3-21(b) of the Act, additions or minor corrections of the types indicated
below made to birth certificates within one (1) year of the date of birth shall not be marked
"Amended":
a)
The addition of the given name of the registrant, when the given name is blank;
b)
Corrections to the given name of the registrant on a birth certificate which reflect a minor
correction in spelling, a variant form of the name, or clerical error;
c)
Corrections of typographical or transcription errors, or clearly inconsistent information; and
d)
Corrections or additions to items in the "Information for Medical and Health Use Only"
section, except that race and marital status shall be corrected only in accordance with
sections 35.0 and 36.0 herein.
37.2
The state registrar may require evidentiary documentation and/or an affidavit executed by the
parent(s) listed on the birth certificate or the legal guardian of the registrant prior to additions or
26
minor corrections to birth certificates within one (1) year of the date of birth.
27
PART X
DISCLOSURE, REPRODUCTION, AND CERTIFIED COPIES OF VITAL
RECORDS
Section 38.0 Disclosure of Vital Records
38.1
Individuals Demonstrating a Direct and Tangible Interest
Except as provided in section 38.5 herein, the state or local registrar, pursuant to section 23-3-23(a)
of the Act, shall permit disclosure of individual records of vital events which have occurred less than
one hundred (100) years prior to disclosure only to persons demonstrating a direct and tangible
interest in those records. Such interest shall be demonstrated by one or more of the following:
a)
The registrant, a member of his immediate family, his guardian, or an authorized agent of
these individuals; or
b)
Attorneys-at-law, title examiners, or members of legally incorporated genealogical societies,
in the conduct of their official duties; or
c)
Persons requiring information for the determination or protection of a personal or property
right; or
d)
A person who has been granted a court order instructing the registrar to provide disclosure.
A direct and tangible interest shall not be demonstrated by firms, agencies or individuals requesting
information to be used for commercial purposes.
38.2
Research and Administrative Purposes
Except as provided in section 38.5 herein, the Director or his designee may authorize under appropriate
safeguards disclosure of data contained in vital records for research and administrative purposes to one or
more of the following:
a)
The national office of vital statistics, provided both that the state shall be reimbursed for the
cost of furnishing data and that such data shall be used only for statistical purposes by the
national office, unless authorized to do otherwise by the state registrar; or
b)
Federal, state, local and other public or private agencies in the conduct of their official duties;
or
c)
Persons or institutions engaged in research.
38.3
Disclosure to the parties listed in section 38.2 herein shall be subject to the following limitations,
where applicable:
a)
The information disclosed to them shall be used only for the stated purposes;
b)
No information from vital records shall be published or disseminated in a form that might
permit identification of individuals, corporations, or institutions named or listed in vital
records, unless permission of these respondents shall have been independently obtained;
28
c)
No communications shall be made with individuals, corporations, or institutions named or
listed on vital records, or with family members, or with informants or certifying officials,
unless approval has been obtained by the Director or his designee;
d)
No statement shall be made indicating or suggesting that interpretations drawn from vital
statistics data are those of the Department of Health or of state government.
38.4
Pursuant to section 23-3-23(d) of the Act, the state or local registrar shall not require evidence of a
direct and tangible interest in order to disclose information from vital records for vital events which
have occurred one hundred (l00) years or more prior to disclosure.
38.5
Disclosure of Out-of-Wedlock Births
Pursuant to section 23-3-23(c) of the Act, information in vital statistics records indicating that a birth
occurred out of wedlock may be disclosed only to one of the following:
a)
The mother listed on the certificate; or
b)
Persons or agencies who have the written approval of the mother listed on the certificate; or
c)
The registrant, if over the age of 18; or
d)
The natural father, if his name appears on the certificate; or
e)
A person who presents proof of legal guardianship of a child born out of wedlock; or
f)
A person who has been granted a court order instructing the division to issue a certified
copy; or
g)
Attorneys or adoption agencies who request certified copies for adoption proceedings; or
h)
Attorneys who represent either the registrant, the mother listed on the certificate, or the
father, if his name appears on the certificate.
38.5.1 Information indicating that a birth occurred out of wedlock may be disclosed to the following
only, according to the indicated restrictions:
a)
At the discretion of the state registrar, federal, state, county, or municipal agencies
charged by law with the duty of detecting or prosecuting crime, preserving the
internal security of the United States, or determining citizenship; or
b)
With the approval of the Director, public health agencies which demonstrate that
failure to disclose such information to them would be detrimental to the registrant or
to the administration of a public health program.
Section 39.0 Reproduction for Preservation of Vital Records
39.1
To preserve original documents, the state registrar is authorized to prepare typewritten,
photographic, or other reproductions of original records and files in his office. Such reproductions
when certified by him shall be accepted as the original records, pursuant to section 23-3-22 of the
Act.
Section 40.0 Certified Copies of Vital Records
40.1
Certified copies of vital records may be prepared and issued only by the state registrar and, where
applicable, by the local registrar, in accordance with the rules and regulations herein. Only
29
authorized forms provided by the state registrar may be used for preparing certified copies.
40.2
Each certified copy issued shall show the following:
a)
The date of registration at the place where the record was first registered;
b)
The date of issuance of the copy;
c)
The signature of the issuing registrar, or an authorized facsimile signature thereof;
d)
The seal of the issuing office; and
e)
A statement that the facts are true facts as recorded.
40.3
Pursuant to section 23-3-24 of the Act, certified copies issued from records marked "delayed" or
"amended", or "court order" shall indicate that the record is delayed, amended, or the result of a
court order and the effective date.
40.3.1 Certified copies of delayed certificates shall include an abstract of the evidence submitted to
substantiate the registration of the record, when such evidence has been made part of the
record.
40.3.2 All certified copies of birth certificates which have been amended following a legal change of
name shall show the effective date of the order and the name of the court shall be entered on
the certified copy.
40.4
Pursuant to Section 23-3-24(c) of the Act, a certified copy of a certificate or any part thereof, issued
in accordance with the Act and the rules and regulations herein shall be considered for all purposes
the same as the original, and shall be prima facie evidence of the facts therein stated, provided that
the evidentiary value of a certificate or record filed more than one (1) year after the event, or a
record which has been amended, shall be determined by the judicial or administrative body or official
before whom the certificate is offered as evidence.
40.5
The state or local registrar may issue certified copies only of vital events recorded as having occurred
in Rhode Island, except that certified copies of vital events recorded in Rhode Island, but having
occurred elsewhere, may be made when evidence is presented that the event is not recorded at the
place of occurrence.
40.6
Non-certified copies may be provided by the state or local registrar to governmental agencies or to
individuals or institutions doing research in accordance with sections 38.2 and 38.3 herein.
30
PART XI FEES, VIOLATIONS AND PENALTIES - SEVERABILITY
Section 41.0 Fees
41.1
Certified copies and searches: The state and/or local registrars as appropriate, shall charge, collect
and deposit fees for certified copies, searches, and other services, in accordance with the provisions
of section 23-3-25 of the Act.
41.2
Marriage licenses: Upon issuing a marriage license, the local registrar shall charge, collect, and
deposit fees for the marriage license in accordance with the provisions of sections 15-2-9 and
15-2-9.1 of reference 3 herein.
41.3
Premarital Blood Tests: A reasonable charge shall be made, collected and deposited for a
premarital laboratory test for syphilis performed by the Rhode Island Department of Health
laboratory in accordance with the provisions of section 15-2-3 of reference 3 herein.
Section 42.0 Violations and Penalties
42.1
Any person who wilfully and knowingly violates any provisions of the Act, of references 3 and 4
herein, or the requirements of the rules and regulations herein, shall be subject to the penalties as set
forth in the Act and the aforementioned references.
Section 43.0 Severability
43.1
If any provision of these rules and regulations or the application to any person or circumstances shall
be held invalid, such invalidity shall not affect the provisions or application of the regulations which
can be given effect, and to this end the provisions of these rules and regulations are declared to be
severable.
31
REFERENCES
1.
"Rules and Regulations Pertaining to Medical Examiner System", Rhode Island Department of
Health, State Medical Examiners Commission.
2.
"Office of State Medical Examiners", Chapter 23-4 of the General Laws of Rhode Island, 1956, as
amended.
3.
"Marriage Licenses", Chapter 15-2 of the General Laws of Rhode Island, 1956, as amended.
4.
"Solemnization of Marriages", Chapter 15-3 of the General Laws of Rhode Island, 1956, as
amended.
vital records regs-refiling-jan02.doc
September 4, 2001
32