Ariz. Admin. Code § 9-19-303

Current through Register Vol. 30, No. 19, May 10, 2024

Section R9-19-303 - Registration of a Deceased Individual's Death

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A. Before requesting the registration of a deceased individual's death, a responsible person or funeral director who is responsible for the final disposition of the deceased individual's human remains shall:

1. Obtain, in a written format:

a. The information in R9-19-302(A)(1)(a) through (v) and (2)(a) through (g); and

b. A statement attesting to the validity of the information in R9-19-302(A)(1)(a) through (v) and (2)(a) through (g), signed and dated by the person providing the information;

2. Provide, in a Department-provided format, the information in R9-19-3 -302(A)(1)(w) through (cc); and

3. If applicable, obtain the documentation required in R9-19-302(A)(2)(h).

B. Except as provided in subsection (G) or (I) or R9-19-304, within seven days after a deceased individual's death, a responsible person or funeral director who is responsible for the final disposition of the deceased individual's human remains shall:

1. Submit to the State Registrar or a local registrar or deputy local registrar of the registration district where the death occurred, in a Department-provided format:

a. The information specified in R9-19-302(A)(1) and (2), and

b. An attestation of the validity of the submitted information and documentation in R9-19-302(A)(1)(w) through (cc) and (2)(h);

2. If the information required in R9-19-302(A)(1) and (2) is not submitted electronically, include:

a. The written statement in subsection (A)(1)(b), and

b. A written statement attesting to the validity of the submitted information and documentation in R9-19-302(A)(1)(w) through (cc) and (2)(h), signed and dated by the responsible person or funeral director who is responsible for the final disposition of the deceased individual's human remains; and

3. Contact the health care provider expected to sign the deceased individual's medical certification of death to:

a. Provide information about the deceased individual, in a Department-provided format, to enable the health care provider to identify the deceased individual; and

b. Inform the health care provider that the deceased individual's death record has been established and is available for medical certification information to be entered.

C. Except as provided in R9-19-304, a medical certifier shall:

1. Review the information provided according to subsection (B)(3)(a) for a deceased individual and either verify the information is correct or make corrections to the provided information; and

2. Complete and submit, in a Department-provided format, to the State Registrar or the local registrar of the county where the death occurred, as soon as possible and no more than 72 hours after the death, a medical certification of death for the deceased individual that includes:

a. The information specified in R9-19-302(A)(3) and (4) and corrections made to the information provided according to subsection (B)(3)(a); and

b. An attestation:

i. Stating that, to the best of the medical certifier's knowledge:

(1) The information provided according to subsection (B)(3)(a) is correct or was corrected, and

(2) Death occurred due to the cause and manner stated; and

ii. If not submitted electronically, signed and dated by the medical certifier; and

3. When specifying the conditions leading to the immediate cause of death, including the underlying cause of death, use the applicable standards from the Physicians' Handbook on Medical Certification, DHHS Publication No. (PHS) 2003-1108, published by the Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Health Statistics, incorporated by reference, on file with the Department, and including no future editions or amendments, available through http://www.cdc.gov/nchs/data/misc/hb_cod.pdf or from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954.

D. Upon receiving information submitted according to subsections (B) or (C), the State Registrar or the local registrar of the county where a death occurred shall:

1. If the information submitted to register the deceased individual's death indicates that the human remains are to be cremated and the medical certification of death was not signed by the medical examiner, as required in A.R.S. § 11-599, request that the medical examiner review the medical certification of the deceased individual's death;

2. If the information submitted to register the deceased individual's death indicates that the deceased individual's death may have occurred under circumstances set forth in A.R.S. § 11-593 and the medical certification of death was not signed by the medical examiner, as required in A.R.S. § 11-594, or a tribal law enforcement authority, as allowed by A.R.S. § 36-325(I):

a. Not register the deceased individual's death; and

b. Request that the medical examiner or, if applicable, tribal law enforcement authority:

i. Review the circumstances of the individual's death to determine whether:

(1) The medical examiner has jurisdiction according to A.R.S. § 11-593, or

(2) The tribal law enforcement authority has jurisdiction according to A.R.S. § 36-325(I);

ii. Notify the State Registrar or the local registrar of the county where a death occurred of the determination; and

iii. If applicable, complete and sign the medical certification of the deceased individual's death according to R9-19-304(B); and

3. Within 72 hours, either:

a. Register the deceased individual's death; or

b. Notify the person submitting the information according to subsections (B) or (C), as specified in R9-19-103(C).

E. A responsible person or representative of a funeral establishment responsible for submitting the information in subsection (B) to the State Registrar or a local registrar or deputy local registrar of the registration district where a deceased individual's death occurred shall:

1. Maintain a copy of the document in subsection (A) for at least 10 years after the date on the document, and

2. Provide a copy of the document in subsection (A) to the State Registrar for review within 48 hours after the time of the State Registrar's request.

F. If a deceased individual's death occurs in this state and is not registered within one year after the date of the deceased individual's death, the State Registrar or a local registrar or deputy local registrar shall establish a delayed death record for the deceased individual and register the deceased individual's death.

G. To request the registration of a delayed death record for a deceased individual:

1. Except as provided in subsections (G)(2) and (3) or R9-19-304(G), a person shall submit to the State Registrar or a local registrar or deputy local registrar of the registration district where the death occurred:

a. A court order requiring registration of the deceased individual's death, certified by the issuing court, and containing the deceased individual's:

i. Name,

ii. Social Security Number,

iii. Date of birth,

iv. Date of death,

v. Cause of death, and

vi. Location of death;

b. If not included in the court order in subsection (G)(1)(a), the information in R9-19-302(A)(1) and (2), as available;

c. An affidavit attesting to the validity of the information required in subsection (G)(1)(b), signed by the person making the request; and

d. The fee in R9-19-105 for requesting to establish a delayed death record and register the deceased individual's death;

2. A medical certifier shall submit, in a Department-provided format, to the State Registrar or a local registrar or deputy local registrar of the registration district where the death occurred:

a. The information specified in R9-19-302(A)(1) and (2);

b. A medical certification of the deceased individual's death, completed as required in subsection (C); and

c. A description of the circumstances causing the delay; and

3. A responsible person shall submit, in a Department-provided format, to the State Registrar or a local registrar or deputy local registrar of the registration district where the death occurred:

a. The information specified in R9-19-302(A)(1) and (2);

b. A medical certification of the deceased individual's death, completed as required in subsection (C);

c. A description of the circumstances causing the delay;

d. An affidavit attesting to the validity of the information required in subsections (G)(1)(a) through (c), signed by the person making the request; and

e. The fee in R9-19-105 for requesting to establish a delayed death record and register the deceased individual's death;

H. When the State Registrar or a local registrar or deputy local registrar of the registration district where a death occurred receives a request to register the death of a deceased individual according to subsection (G), the State Registrar, local registrar, or deputy local registrar shall review the request according to R9-19-103.

I. To request the registration of an individual's presumptive death under A.R.S. § 36-325(L) or 36-328, a person requesting registration shall submit to the State Registrar:

1. A court order requiring registration of the individual's presumptive death, certified by the issuing court, and containing the deceased individual's:

a. Name,

b. Social Security Number,

c. Date of birth,

d. Date of death,

e. Cause of death, and

f. Location of death;

2. If not included in the court order in subsection (I)(1), the information in R9-19-302(A)(1) and (2), as available;

3. An affidavit attesting to the validity of the information required in subsection (I)(2), signed by the person making the request; and

4. The fee in R9-19-105 for requesting to establish a death record or delayed death record for a presumptive death.

Ariz. Admin. Code § R9-19-303

Amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1). New Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4). Adopted by final rulemaking at 22 A.A.R. 1783, effective 10/1/2016.