23-02.1 Health Statistics Act
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<![CDATA[CHAPTER 23-02.1HEALTH STATISTICS ACT23-02.1-01. Definitions. As used in this chapter:1."Authorized representative" means a person who has the legal authority to act on<br>behalf of the person named on a record, including a personal representative or<br>guardian.2."Certified" means a copy of the original record on file with the state department of<br>health that is signed and sealed by the state registrar or deputy state registrar.3."Dead body" means a lifeless human body or parts of such body or bones thereof<br>from the state of which it may reasonably be concluded that death recently occurred.4."Electronic birth registration system" means the electronic birth registration system<br>maintained by the state department of health.5."Electronic death registration system" means the electronic death registration<br>system maintained by the state department of health.6."Facts of death" means the demographic and personal information pertaining to a<br>person's death.7."Fetal death" or "birth resulting in stillbirth" means death prior to the complete<br>expulsion or extraction from its mother of a product of human conception,<br>irrespective of the duration of pregnancy; the death is indicated by the fact that after<br>such expulsion or extraction the fetus does not breathe or show any evidence of life<br>such as beating of the heart, pulsation of the umbilical cord, or definite movement of<br>voluntary muscles.8."Filing" means the presentation of a record, report, or other information provided for<br>in this chapter of a birth, death, fetal death, adoption, marriage, divorce, or other<br>event as specified by the state health officer for registration by the state registrar.9."Final disposition" means the burial, interment, cremation, removal from the state, or<br>other disposition of a dead body or fetus.10."Health statistics" means data derived from records of birth, death, fetal death,<br>marriage, divorce, or other records relating to the health of the populace or the state<br>of the environment.11."Institution" means any establishment, public or private, which provides inpatient<br>medical, surgical, or diagnostic care or treatment, or nursing, custodial, or<br>domiciliary care to two or more individuals unrelated by blood, or to which persons<br>are committed by law.12."Live birth" means the complete expulsion or extraction from its mother of a product<br>of human conception, irrespective of the duration of pregnancy, which after such<br>expulsion or extraction, breathes or shows any other evidence of life such as beating<br>of the heart, pulsation of the umbilical cord, or definite movement of voluntary<br>muscles, whether or not the umbilical cord has been cut or the placenta is attached.13."Medical certification" means the medical information pertaining to a person's death,<br>including the cause and manner of death.14."Physician" means a person authorized or licensed to practice medicine or<br>osteopathy pursuant to chapter 43-17.Page No. 115."Registration" means the acceptance by the state registrar and incorporation into<br>official records, reports, or other records provided for in this chapter, of birth, death,<br>fetal death, marriage, divorce, or other records as may be determined by the state<br>health officer.16."Relative" means a person's current or surviving spouse, a parent or legal guardian,<br>a child, a grandparent, or a grandchild. The state registrar may require proof of the<br>relationship.17."Subregistrar" means a funeral director or other suitable person from a licensed<br>funeral home who is appointed by the state registrar for the purpose of issuing<br>burial-transit permits.18."System of health statistics tabulation and analysis" includes the tabulation, analysis,<br>and presentation or publication of statistical data derived from health statistics.19."Systemofvitalrecordsregistration"includestheregistration,collection,preservation, amendment, and certification of birth, death, fetal death, marriage,<br>divorce, or other records as may be determined necessary by the state health officer<br>or the state health officer's designee.23-02.1-02. Office of statistical services. There is hereby established in the statedepartment of health an office of statistical services which shall install, maintain, and operate a<br>system of health statistics tabulation and analysis and a system of vital records registration<br>throughout the state. The state health officer may create within the office of statistical services<br>such working divisions as may be necessary to comply with the provisions of this chapter and<br>shall appoint the directors of such divisions in accordance with the merit system laws and<br>regulations of the state of North Dakota.23-02.1-02.1.Birth, marriage, fetal death, and death records - Transition toelectronic birth registration system and electronic death registration system.1.Beginning January 1, 2008, all new birth, fetal death, and death certificates must be<br>filed with the state registrar and maintained as birth, fetal death, or death records.<br>The state registrar shall issue certified copies of any birth, fetal death, or death<br>record, or informational copies of death and marriage records, to those persons<br>entitled to the record in accordance with this chapter.2.A certified copy of a birth, marriage, fetal death, or death record is considered to<br>meet the requirements of any law requiring a birth, marriage, fetal death, or death<br>certificate.3.All birth, marriage, fetal death, and death certificates created or issued before<br>January 1, 2008, remain legally valid if the certificate was valid under prior law.4.Any reference to a birth, marriage, fetal death, and death record includes any birth,<br>marriage, fetal death, and death certificate issued before January 1, 2008.5.Amendments to birth records issued before 2006 and fetal death or death records<br>issued before 2008 must be made according to the procedures and processes used<br>at the time the original record was created.23-02.1-03. Director of the office of statistical services and associative duties, stateand deputy state registrars. The state health officer shall appoint a director of the office of<br>statistical services, in accordance with the merit system laws and regulations of the state of North<br>Dakota, who must be the ex officio state registrar of vital statistics. The deputy state registrar of<br>vital statistics must also be appointed by the state health officer. The director of the office of<br>statistical services shall administer and enforce this chapter and the rules and regulations issued<br>hereunder, and issue instructions for the efficient administration of a statewide system of healthPage No. 2statistics tabulation and analysis and a statewide system of vital records registration.Thedirector of the office of statistical services may delegate such functions and duties vested in the<br>director to the officers and employees of the office of statistical services as the director deems<br>necessary and expedient.23-02.1-04. Duties of the state department of health. The state department of healthis authorized to adopt, amend, and repeal rules and regulations for the purposes of carrying out<br>the provisions of this chapter, in accordance with chapter 28-32.23-02.1-05. Duties of the state registrar.1.The state registrar shall:a.Direct and supervise the statewide system of vital records and registration and<br>be the primary custodian of said records.b.Direct, supervise, and control the activities of subregistrars and the activities of<br>other local officials related to the operation of the vital records registration<br>system.c.Prescribe, with the approval of the state department of health, and distribute<br>such forms as required by this chapter and the rules and regulations issued<br>hereunder.2.The deputy state registrar shall possess the powers of the state registrar during the<br>registrar's absence, delegation, inability to act, or during the time there is a vacancy<br>in the office.23-02.1-06. Registration districts. Repealed by S.L. 2007, ch. 234, </p>
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