5 Colo. Code Regs. § 1006-1-2

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1006-1-2 - DEFINITIONS, DESIGNATION OF OFFICES, SUBMISSION, USE, AND DISTRIBUTIONS OF VITAL STATISTICS

SECTION 2.1Definitions

As used in this regulation, unless the context otherwise requires:

A. "Certificate" means a printed, certified copy of the vital event record.

B. "Legal representative" means an attorney, physician, funeral director, or other authorized agent, as determined by the State Registrar, acting on behalf of the registrant or his family.

C. "Next of kin" means a person's closest living relative or relatives and those who, under Colorado law, have legal authority over the disposition of human remains, see Section 12-54-102(17), C.R.S.

D. "Person with a direct and tangible interest" means the registrant, a member of the registrant's immediate family, as determined by the State Registrar, the registrant's legal guardian or legal custodian, or their respective legal representatives. Others may demonstrate a direct and tangible interest when information is needed for determination or protection of a personal or property right, or for genealogical purposes. The natural parents of adopted children when neither has custody, and commercial firms or agencies requesting listings of names and addresses shall not be considered to have a direct and tangible interest.

E. "Qualified individual" means the physician, their associate physician, chief medical officer of the institution in which the death occurred, or the physician who performs an autopsy upon the decedent who is responsible for the medical certification for a certificate of death

F. "Record" means an electronic or paper vital event registered as reported, updated, and stored within the files of the office of the State Registrar of vital statistics and designated offices.

G. "Report" means an electronic or paper document containing information related to a vital event submitted by a person or entity required to submit the information in accordance with this state statute and this regulation for the purpose of registering a vital event.

H. "State Registrar" means the State Registrar of Vital Statistics or their designee.

I. "Vital event" means an event recognized under Colorado law as statistically significant. These include but are not limited to birth, marriage, civil unions, adoption, dissolution or nullification of marriage, dissolution or nullification of civil unions, parentage determinations, change of name, change of sex, death, and any data related thereto which have been accepted for registration and incorporated into the official records and certificates.

SECTION 2.2Designation of Additional Offices

A. The State Registrar shall determine whether offices other than the office of the State Registrar and organized local health departments established pursuant to Part 5 or 7 of Article 1 of Title 25 are needed to aid in the efficient administration of the system of vital statistics. Such determination shall be based on an evaluation of the most efficient method to meet the needs of the people of this state with respect to the establishment and operation of the system of vital statistics.

B. The State Registrar shall delegate such duties and responsibilities to such offices as the State Registrar deems necessary to insure the efficient operation of the system of vital statistics. If the State Registrar determines that additional offices are necessary, such offices shall be designated or established by the State Registrar. The duties and responsibilities may be assigned to currently existing offices, or special branch offices of the State Registrar may be established in those areas where they are deemed necessary, or a combination of existing offices and branch offices may be used. The State Registrar shall determine the responsibilities and duties of each office independently.

C. Employees and individuals operating in the state or local offices will comply with the vital statistics law; this rule; and the policies, processes, and procedures directed by the State Registrar, including requirements to attend periodic meetings as required by the State Registrar. As needed, state and local offices may be asked to assess and document performance and costs associated with administration of vital statistics.

SECTION 2.3Submission, Use and Distribution of Vital Statistics Information

All electronic or paper forms, reports, records, certificates, and data used in the system of vital statistics are the property of the office of the State Registrar of vital statistics, and shall be surrendered to the State Registrar as required by law, submitted and distributed in the form and manner required, prescribed and distributed by the State Registrar, and only used for official purposes, including the reporting vital statistics, or as authorized by statute and this rule. Only software approved by the State Registrar shall be used in the electronic reporting of vital events.

SECTION 2.4General Requirements for Preparing Certificates

A. Those registering vital events will use the current version of the electronic registration system approved by the State Registrar, except a family member of the decedent or other individual acting in a non-professional capacity as the funeral director for the decedent as provided in section 25-2-110, C.R.S.

B. A family member of the decedent or other individual acting in a non-professional capacity as the funeral director for the decedent shall submit the report of death using a letter-quality printer or hand-written legibly in black, unfading ink.

C. Unless otherwise directed by the State Registrar, no report shall be complete and correct and acceptable for registration if it:

1. Does not have the certifier's name typed or printed legibly under their signature;

2. Does not supply all items of information called for thereon or satisfactorily account for their omission;

3. Contains alterations or erasures;

4. Does not contain handwritten or electronic signature as required;

5. Is marked "copy" or "duplicate";

6. Is a carbon copy;

7. Contains improper or inconsistent data;

8. Contains an indefinite cause of death which denotes only symptoms of disease or conditions resulting from disease; or,

9. Is not prepared in the form and manner prescribed by state statute, these rules and the State Registrar.

D. Full or short form certified copies of vital records may be made by mechanical, electronic, or other reproductive processes, except that the information contained in the "Information for Medical and Health Use Only" section of the birth certificate shall not be included. When a certified copy is issued, each certification shall be certified as a true copy by the State Registrar, and shall include the date issued, the name of the issuing officer, the State Registrar's signature or an authorized facsimile thereof, and the seal of the issuing office.

E. When the State Registrar finds evidence that a certificate was registered through misrepresentation or fraud, the State Registrar has the authority to withhold the issuance of a certified copy of such certificate until additional evidence satisfactory to the State Registrar has been obtained or until a court determination of the facts has been made.

5 CCR 1006-1-2

38 CR 15, August 10, 2015, effective 9/14/2015

42 CR 02, January 25, 2019, effective 2/14/2019

42 CR 20, October 25, 2019, effective 1/1/2020

44 CR 23, December 10, 2021, effective 1/14/2022

47 CR 06, March 25, 2024, effective 4/14/2024