Ariz. Admin. Code § 9-19-310

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

Section R9-19-310 - Amending Information in a Registered Death Record or a Registered Fetal Death Record

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A. To request the amendment 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 amend the submitted information, 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 following information about the deceased individual:

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 amended; and

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

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

B. Except as provided in subsections (D) and (F), to request the amendment of any of the information in R9-19-302(A)(1) or (2) in a deceased individual's registered death record, a person shall submit to the State Registrar or the local registrar of the registration district where the death occurred:

1. A request to amend, 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 amended; and

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

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

3. An evidentiary document that demonstrates the validity of the submitted amendment; and

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

C. If a person submitting a request to amend the information in a deceased individual's registered death record according to subsection (A) is not the individual listed in the deceased individual's death record as the individual who provided the information about the deceased individual, as specified in R9-19-302(A)(1)(v), the State Registrar or a local registrar or deputy local registrar:

1. Shall notify the individual who provided the information about the deceased individual of the request for an amendment of information in the deceased individual's registered death record, and

2. May request evidentiary documents from the person submitting the request and the individual who provided information about the deceased individual within 10 days after the request to determine the validity of the requested amendment and the information in the deceased individual's registered death record.

D. In addition to an amendment of information in a deceased individual's registered death record allowed under subsection (A), a medical examiner may request the amendment 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 amend the submitted information in subsection (A)(1), and

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

E. The consulate of a foreign government may request the amendment of any of the information in R9-19-302(A)(1) or (2) in a deceased individual's registered death record on behalf of a family member of the deceased individual if:

1. The family member:

a. Is a citizen of the foreign country, and

b. Resides in the foreign country;

2. The deceased individual's medical certification of death was submitted by a medical examiner according to R9-19-304(B); and

3. The consulate provided the medical examiner who submitted the deceased individual's medical certification of death with evidentiary documents that enabled the medical examiner to establish the identity of the deceased individual.

F. To request the amendment of any of the information in R9-19-302(A)(1) or (2) in a deceased individual's registered death record under subsection (E), the consulate of a foreign government shall submit to the State Registrar or the local registrar of the registration district where the death occurred:

1. A written request to amend on the letterhead of the consulate, that includes:

a. The name and address of the consulate;

b. The name of and contact information for the consulate's designee for the request, which includes a telephone number or an e-mail address;

c. The name of the person the consulate is representing;

d. The relationship of the person in subsection (F)(1)(c) to the deceased individual;

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

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

g. The dated signature of the consulate's designee;

2. Documentation verifying that the consulate's designee is representing the consulate;

3. A written statement, signed by the consulate's designee, attesting that the consulate has verified the relationship of the person identified according to subsection (F)(1)(c) to the deceased individual;

4. One or more evidentiary documents that demonstrate the validity of the submitted amendment; and

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

G. To request the amendment 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 medical examiner, according to R9-19-306(B); or 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, medical examiner, or tribal law enforcement authority, as applicable, shall submit to the State Registrar or the local registrar of the registration district where the fetal death occurred:

1. A written request to amend, 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; or

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

b. Contact information for the designee of the hospital, abortion clinic, physician, nurse midwife, medical examiner, or tribal law enforcement authority submitting the request, which includes a telephone number or an email address;

c. The following information:

i. Name of the mother of the fetus;

ii. Date of delivery; and

iii. If known, the state file number;

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

e. A written statement attesting to the validity of the submitted amendment signed and dated by the designee of the hospital, abortion clinic, physician, nurse midwife, medical examiner, or tribal law enforcement authority submitting the request for amendment; and

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

H. To request the amendment 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 request to amend, 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 (G)(1)(c); and

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

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

2. Except for an amendment to add the name of the fetus to the registered fetal death record, an evidentiary document that demonstrates the validity of the submitted amendment; and

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

I. The State Registrar or a local registrar shall amend the information in a registered death record or registered fetal death record based on a:

1. Request for amendment, if the State Registrar or local registrar determines, according to R9-19-103, that the information and evidentiary documents in the request for amendment supports the amendment of the deceased individual's registered death record; or

2. Court order.

Ariz. Admin. Code § R9-19-310

Adopted effective March 30, 1976 (Supp. 76-2). Former Section R9-19-310 renumbered and amended as Section R9-19-312, former Section R9-19-308 renumbered and amended as Section R9-19-310 effective February 20, 1980 (Supp. 80-1). Editorial correction, Paragraph (2) (Supp. 80-2). Former Section R9-19-310 renumbered to R9-19-312, new R9-19-310 renumbered from R9-19-134, R9-19-135 and R9-19-136and 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 R9-19-311 by final rulemaking at 22 A.A.R. 1783, effective 10/1/2016.