Section 146-4-1 - PURPOSE AND DEFINITIONSA.PURPOSE. The purpose of this rule is to clarify the difference between non-restricted and restricted vital statistics data, reports and records, and to specify the criteria required for individuals to request access to vital statistics data reports, and records maintained in the Office of Data, Research, and Vital Statistics in the Department of Health and Human Services Maine CDC ( Department). Vital records and other restricted records maintained by the Department are confidential under 22 MRS §2706. B.DEFINITIONS. For purposes of this rule, the following terms shall have the meanings set forth below: 1.Abortion means the intentional interruption of a pregnancy by the application of external agents, whether chemical or physical, or the ingestion of chemical agents with an intention other than to produce a live birth or to remove a dead fetus, regardless of the length of gestation. 2.Abstract means a document furnished by the State Registrar for the purpose of reporting vital statistics data, reports and vital records which may be retained on paper, digitally or electronically, that becomes official when issued by a municipal clerk or the Department. The information on the certified abstract shall be identical to that on the report or vital record.3.Administrative purposes means uses of vital statistics data by federal, State, local government, or Tribal agencies for the conduct of their official duties, including planning, program management, eligibility determination, and provision of services, quality control and program evaluation.4.Applicant means an individual who submits a request to the Department to receive copies of vital statistics data, reports or records in accordance with this rule.5.Application means the paper or electronic application prescribed and furnished by the Department to request or verify vital statistics data, reports and vital records for the purpose of determining the applicant's eligibility to receive such data. Upon submission of any application requesting a vital record, the application shall be considered part of that record subject to release in accordance with this rule.6.Authorized representative means an agent or attorney designated in a written and notarized statement signed by the registrant or other qualified applicant who is able to present documentation of his or her direct and legitimate interest in the matter recorded.7.Birth lists means lists that shall include only the following vital statistics data from birth records: child's name, date of birth, sex, city or town of birth, mother/parent name and mailing address. In the case of adoptions and legitimations, birth lists shall contain only the names and addresses after adoption or legitimation, pursuant to 22 MRS §2765.8.Certified copy means the document created from paper or electronic format, issued by a municipal clerk or the Department containing all or a part of the exact data contained on the original vital record, and which, when issued by a municipal clerk or the Department, has the full force and effect of the original vital record.9.Confidentiality agreement means an agreement between an applicant and the Department that the vital statistics data received pursuant to this rule will not be used in any manner which will disclose the identity of registrants or other individuals named on the records, other than for the administrative or statistical research purposes specified in the application.10.Date of event means the date on which a birth, death, fetal death, marriage, divorce, annulment, or domestic partnership registration or termination occurred.11.Department means the State of Maine, Department of Health and Human Services, Maine Center for Disease Control and Prevention, Office of Data, Research and Vital Statistics.12.Disclosure means the communication, transmittal, dissemination or release of vital statistics data, reports and records to any individual or organization in any form, whether written, verbal, electronic or otherwise.13.Fetal Death means a spontaneous intrauterine death of a fetus at 20 weeks or greater gestation.14.Genealogist disclosure agreement means an agreement between a genealogical researcher and the Department that when signed obligates the researcher to abide by a genealogist code of ethics, adhere to a specified method of inspection and uphold the responsibilities the genealogical researcher has in preserving the security and confidentiality of vital statistics data received pursuant to this rule. This applies to all records viewed, regardless of repository location, including a municipal office, the Department and the Maine State Archives.15.Genealogical researcher means an individual who has requested access to and inspection of restricted vital statistics data, reports and vital records, and who meets the criteria specified in this rule and holds a genealogical researcher identification card from the Department.16.Genealogical researcher identification card means the card that is issued by the Department to a genealogical researcher following a completed application approved in accordance with this rule and that affords a registered genealogical researcher access to restricted vital statistics data, reports, and/or records.17.Identifying data means the names and street addresses of the registrant(s) and other individuals named on or the subject of a report or record registered by the State Registrar, including the date of birth and the month and day of the event. The year that an event occurred is not identifying data.18.Indexes means lists of selected events with fields maintained and specified by the State Registrar.19.Inspection of records means the method of inspection specified by the State Registrar who is responsible for the maintenance, security and integrity of vital statistics data, reports, vital records, and other records.20.Inter-jurisdictional exchange of vital records means a process whereby registration areas agree to exchange vital statistics data, reports and records with the state registrars of other states, territories and neighboring countries.21.Legacy records means any written, printed, digital or electronic data compilation from non-restricted vital statistics data, reports and records as specified in 22 MRS §2706(7).22.Marriage intentions means the intentions of marriage notice application form as prescribed and furnished by the State Registrar for the purpose of recording notice of intentions to marry.23.Miscarriage means an interruption of a pregnancy other than as provided in the definition of abortion, of a fetus of less than 20 weeks gestation.24.Non-certified copy means an informational copy of a vital record issued by a municipal clerk or the Department containing all or part of the exact data contained on the original vital record in which, when issued, shall be on white paper and shall be marked in a way to state the copy is not intended for legal purposes. 25.Non-restricted vital statistics data, reports, and records means vital statistics data, reports, and records regarding divorces, annulments, and, in limited circumstances, restricted vital statistics data, reports, and records not presented in conjunction with identifying data or with other information that might allow indirect identification of the registrant or other individuals named on the record.26.Registration means the process by which vital records and other records and reports are accepted and incorporated into the system of vital statistics by the State Registrar.27.Registrant means the individual(s) to whom the record pertains: the child named on a birth certificate, the decedent named on a death certificate, the married individuals named on a marriage certificate, the divorced individuals named on a divorce record, the parent(s) named on a fetal death certificate and the individuals listed on the domestic partnership certificate.28.Related individual means a member of the immediate family of the registrant or descendants thereof as specified in 22 MRS §2706(5).29.Restricted vital statistics data, reports and records means vital statistics data, reports, vital records, and reports of abortions, miscarriages, domestic partnerships, and marital intentions presented in conjunction with identifying data or with other information which may allow indirect identification of the registrant or other individuals named on the record. Restricted vital statistics data, reports and records are not public records. See also Section 2 of this rule.30.Sealed record means the original record of an event that has been reported to the State Registrar and the documentary evidence presented to support the change made to a record. A sealed record shall not be subject to inspection except upon order of a court with competent jurisdiction or by application of the registrant who is 18 years of age or older as specified in 22 MRS §2768.31.System of vital statistics means the collection, registration, preservation, amendment, certification, verification and maintenance of the security and integrity of vital records; the collection of other records and reports required of the State Registrar; and activities related thereto, including the tabulation, analysis, publication and dissemination of vital statistics.32.Vital record means a paper, digital or electronic report of birth, marriage, death, or fetal death and vital statistics data related thereto that has been registered by the State Registrar.33.Vital statistics data means the data derived from paper or electronic vital records and reports of birth, marriage, death, or fetal death and related tabulations and reports.10- 146 C.M.R. ch. 4, § 1