Ariz. Admin. Code § 9-19-309

Current through Register Vol. 30, No. 24, June 14, 2024

Section R9-19-309 - Correcting Information in a Registered Death Record or a Registered Fetal Death Record

A. To request the correction of information submitted by the funeral director or the funeral director's funeral establishment for registration of a deceased individual's death, according to R9-19-303(B) or R9-19-304(E), a funeral director shall submit to the State Registrar or the local registrar of the registration district where the death occurred:

1. A written request to correct the submitted information, on the letterhead paper of the funeral director's funeral establishment or in a Department-provided format, that includes:

a. The name and license number of the funeral director submitting the request;

b. Contact information for the funeral director submitting the request which includes a telephone number or an e-mail address;

c. The deceased individual's:

i. Name in the deceased individual's registered death record;

ii. Sex;

iii. Date of birth;

iv. Date of death; and

v. If known, the state file number;

d. The specific information in the registered death record to be corrected; and

e. A written statement attesting to the validity of the submitted correction signed and dated by the funeral director submitting the request for correction; and

2. A copy of the document required in R9-19-303(A).

B. To request the correction of information specified in R9-19-302(A)(3) or (4) in a deceased individual's registered death record, a medical certifier, including a medical examiner or, if applicable, tribal law enforcement authority, who completed the medical certification of death for the deceased individual, according to R9-19-303(C)(2) or R9-19-304(B), shall submit to the State Registrar or the local registrar of the registration district where the death occurred:

1. A written request to correct the submitted information, on the letterhead paper of the medical certifier or in a Department-provided format that includes:

a. The name and, as applicable, the health professional license number or the badge number of the medical certifier submitting the request;

b. Contact information for the medical certifier submitting the request, which includes a telephone number or an e-mail address;

c. The information in subsection (A)(1)(c);

d. The specific information in the registered death record to be corrected; and

e. A written statement attesting to the validity of the submitted correction signed and dated by the medical certifier submitting the request for correction; and

2. An evidentiary document, dated before the date the deceased individual's death was registered, that demonstrates the validity of the submitted correction.

C. In addition to a correction of information in a deceased individual's registered death record allowed under subsection (B), a medical examiner may request the correction of any other information that had been submitted by the medical examiner according to R9-19-304(B) for the deceased individual's death record by submitting to the State Registrar or the local registrar of the registration district where the death occurred:

1. The written request to correct the submitted information in subsection (B)(1), and

2. An evidentiary document required in subsection (B)(2).

D. To request the correction of information in a deceased individual's registered death record, a person who was responsible for the final disposition of the deceased individual's human remains, according to A.R.S. § 36-831, or who provided the information in R9-19-302(A)(1) and (2) to a funeral director, according to R9-19-303(A) shall submit to the State Registrar or the local registrar of the registration district where the death occurred:

1. A written request to correct, in a Department-provided format, that includes:

a. The following information:

i. The name of the person submitting the request;

ii. The person's relationship to the deceased individual;

iii. Contact information for the person submitting the request, which includes a telephone number or an e-mail address;

iv. The information required in subsection (A)(1)(c); and

v. The specific information in the registered death record to be corrected; and

b. An affidavit attesting to the validity of the submitted correction, signed by the person requesting the correction;

2. An evidentiary document that demonstrates the person's relationship to the deceased individual;

3. An evidentiary document, dated before the date the deceased individual's death was registered, that demonstrates the validity of the submitted correction; and

4. The fee in R9-19-105 for a request to correct the information in a registered death record.

E. To request the correction of information submitted by a hospital, an abortion clinic, a physician, a nurse midwife, or a midwife, according to R9-19-305(B); by a funeral director, according to R9-19-305(D) or R9-19-306(D); by a medical examiner, according to R9-19-306(B); or by a tribal law enforcement authority, as allowed by A.R.S § 36-325(I), in a registered fetal death record, a designee of the hospital, abortion clinic, physician, nurse midwife, midwife, medical examiner, or tribal law enforcement authority, as applicable, or a funeral director shall submit to the State Registrar or the local registrar of the registration district where the fetal death occurred:

1. A written request to correct the submitted information, on the submitter's letterhead paper or in a Department-provided format, that includes

a. The name and, as applicable:

i. The health care institution license number of the hospital or abortion clinic submitting the request;

ii. The health professional license number of the physician, nurse midwife, midwife, or medical examiner submitting the request;

iii. The funeral director's license number; or

iv. Badge number for the medical certifier for the tribal law enforcement authority submitting the request;

b. Contact information, which includes a telephone number or an e-mail address for the:

i. Designee of the hospital, abortion clinic, physician, nurse midwife, midwife, medical examiner, or tribal law enforcement authority submitting the request; or

ii. Funeral director submitting the request;

c. Name of the mother of the fetus;

d. Date of delivery; and

e. If known, the state file number;

f. The specific information in the registered fetal death record to be corrected; and

g. A written statement attesting to the validity of the submitted correction signed and dated by the designee of the hospital, abortion clinic, physician, nurse midwife, midwife, medical examiner, or tribal law enforcement authority, as applicable, or a funeral director submitting the request for correction; and

2. An evidentiary document that demonstrates the validity of the submitted correction.

F. To request the correction of information in a registered fetal death record, a parent of the fetus shall submit, to the State Registrar or the local registrar of the registration district where the fetal death occurred:

1. A written request to correct, in a Department-provided format, that includes:

a. The following information:

i. The name of the parent submitting the request;

ii. Contact information for the parent submitting the request, which includes a telephone number or an e-mail address;

iii. The information required in subsection (E)(1)(c) through (e); and

iv. The specific information in the registered fetal death record to be corrected; and

b. An affidavit attesting to the validity of the submitted correction, signed by the parent requesting the correction;

2. An evidentiary document dated before the registration of the fetal death, that demonstrates the validity of the submitted correction; and

3. The fee in R9-19-105 for a request to correct the information in a registered fetal death record.

Ariz. Admin. Code § R9-19-309

Former Section R9-19-309 renumbered and amended as Section R9-19-311, former Section R9-19-307 renumbered as Section R9-19-309effective February 20, 1980 (Supp. 80-1). Amended effective July 31, 1989 (Supp. 89-3). Section repealed; new Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4). Renumbered from R9-19-310 by final rulemaking at 22 A.A.R. 1783, effective 10/1/2016. Amended by final expedited rulemaking at 26 A.A.R. 1534, effective 7/7/2020.