An Act To Allow Electronic Filing of Vital Records and-Closing of Records To Guard against Fraud and Make Other Changes to the Vital Records Laws . .
Maine Legislature, Session 124, LD 1781
Committee: Health and Human Services
Sponsors: PERRY
Amends: 22 MRSA §256-B, 22 MRSA §2, 22 MRSA §2701, 22 MRSA §2702-A, 22 MRSA §2703, 22 MRSA §2704, 22 MRSA §2708, 22 MRSA §2710, 22 MRSA §2761, 22 MRSA §2765, 22 MRSA §2766, 22 MRSA §2841, 22 MRSA §2842-B, 22 MRSA §2843, 22 MRSA §2843-A

Legislative Document 
No. 1781 
H.P. 
House of Representatives, F~bruary 17, 2010 
An Act To Allow Electronic Filing of Vital Records and-Closing of 
Records To Guard against Fraud and Make Other Changes to the 
Vital Records Laws 
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Reference to the Committee on Health and Human Services suggested and ordered printed. 
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/J1.7I!dC~{. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PERRY of Calais. (GOVERNOR'S BILL) 
Printcp on recyded pilpcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRS A §256-A, first ~, as amended by PL 2007, c. 6~ 1, § 1, is further 
amended to read: 
Beginning in 2006, the Depal1ment of Labor, in conji"lnction with the Office of Hea-J.tfl. 
Data and Program Management's Division of Data, ·Research and Vital Statistics, shal.l 
compile and annually update a health care occupations rep0l1 to be completed and 
presented to the health workforce forum established in section 257 by September 15th. 
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Beginning in 2009, the health care occupations rep0l1, mllst be completed and presented to 
the health workforce forum established in section 257 by September ·15th and presented 
every 4th year thereafter. The report must be posted on a publicly accessible site on the 
Internet maintained by the Depal1ment of Labor and provide the following information: 
Sec. 2. 22 MRSA §256-B, sub-§3, as amended by PL 2007, c. 240, Pt. RR, §3, is 
fUl1her amended to read: 
3. Submission of surveys. All surveys conducted pursuant to subsection 1 must be 
.submitted to the Office of Health Data and Program Management's Division of Data, 
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Research and Vital Statistics for analysis, and surVey data from which personally 
identifiable ·information has been eliminated must be publicly available. 
Sec. 3.22 MRS A §2701, first «;f, as amended by PL 2001, c. 574, § 16 and PL 
2003, c. 689, Pt. B, §6, is further amended to read: 
The Department of Health and Human Services shall establish the Office of Hea-J.tfl 
Data and Program 1\4anagement Data, Research and Vital Statistics, which shall maintain 
a statewide system for the registration of vital statistics. 
Sec. 4. 22 MRSA §2 70 1, su b-§5, as amended by PL 2001, c. 574, § 19, is further 
amended to read: 
5. Deputy State Registrar. The state registrar may designate an employee of the 
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. Office of Health Data and Program Management Data, Research and Vital Statistics to 
represeilt the Office of Health Data and Program Management Data, Research and Vital 
. Statistics. The representative is known as the Deputy State Registrar of Vital Statistics 
and has the authority of the state registrar in the state registrar's absence. 
Sec. 5. 22 MRSA §2701, sub-§7, as amended by PL 2001, c. 574, §20, is further 
amended to read: 
7. Definitions. As used in this section; unless the. context otherwise indicates, the 
following terms have the following meanings . 
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. A. 
"File" means the presentation and acceptance of a vital record or report for 
registration by the Office of Health Data and Program Management Data, Research 
and Vital Statistics or a municipal clerk as specified in departmental rule: 
Page I - 124LR2S48(Ol)-1 
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B. 
"Date of filing" means the date a vital record is accepted for registration by the 
Office of Health Data and Program Management Data, Research and Vital Statistics 
or a municipal clerk. . 
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Sec; 6. 22 MRS A §2702, as amended by PL 1995, c. 260, §§4 and 5, is further 
amended to read: 
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§2702. Duties of municipal clerks 
The clerk of each municipality in this State shall keep a chronological record of all 
live births, marriages, deaths and fetal deaths reported to htm the municipal clerk under 
this Title. Such record shalt must be kept as prescribed by the state registrar. 
1. Enforce law and rules. Each municipal clerk in this State shall enforce, so far as 
comes within hls the municipal clerk's jurisdiction, this Title and thel:'egulations rules of 
the department relating to the registration of vital statistics. 
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2. Transmittal of certificates to state registrar. Except as authorized by the state 
registrar, a record received in a municipal office must be transmitted by the clerk of the 
municipality to the state registrar within a reasonable period of time as specified by 
department rule and in the format specified by the state registrar. 
3. Transmittal of certifica~es to other municipalities. Except as authorized by the 
state registrar, when the parents of any child born are residents of any other municipality 
in this State, or ].vhen any deceased person ].vas a resident of any other municipality in this 
&tate, the clerk of the municipality where that live birth or death occurred shall, at the 
same time, transmit the record to the state registrar and transmit a certified copy of the 
certificate of the live birth or death to the clerk of the municipality where the parents 
reside, or '.vhere the deceased ].vas a resident. 
Sec. 7. 22 MRSA §2702-A, as enacted by PL 1987, c. 268, §2, is amended to 
read: 
§2702-A. Duties to furnish information 
Any person having knowledge of th~ facts shall furnish such information as fl.e the 
individual may possess regarding any birth, death, spontaneous fetal death, abortion, 
marriage, divorce or annulment, upon demand of the state registrar. 
Sec. 8. 22 MRSA §2703 is amended to read: 
§2703. Birth in unincorporated place 
When a birth, marriage or death occurs in an unincorporated place, it Shalt must be 
reported to the teWft municipal clerk in the tovm \vhich municipality that is nearest to the 
place at which the birth, marriage or death took place, and-shalt must be recorded by the 
teWft municipal clerk to whom the report is made. All such reports and records shalt must 
be made and recorded and returned to the state registrar. 
Sec. 9. 22 MRSA §2704, as amended by PL 2001, c. 574, §21, is further amended 
to read: 
§2704. Registration of births and deaths at United States Department of Veterans 
Affairs at Togus 
Certificates of live births, deaths and fetal deaths occurring at the Veterans 
Administration Center United States Department of Veterans Affairs at Togus must be 
filed directly with the state registrar. The state registrar shall forward copies of all such 
certificates of live birth, death and fetal death to the clerk of the municipality where the 
parents of the chiJd reside on",here the deceased was a resident. 
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Sec. 10. 2i MRS A §2705, sub-§I, as amended by PL 1989, c. 818, §3, is further 
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amended to read: 
1. Amended certificate or record. A certificate or record that has been altered or 
amended after its filing mus.t be marked "amended," and the date on which the certificate 
or record was amended and a summary description of the evidence submitted in suppO\t 
of the_ correction must be endorsed on the celtificate or record or permanently attached to 
it. Any celtified copies of celtificates or records amended under this section must be 
marked "amended." 
Notwithstanding this subsection, administrative Administrative 
correction of clerical errors within one year 90 days after the date of filing does not cause 
the certificate or record to be considered altered or amended. 
Sec. 11. 22-MRSA §2705, sub-§2 is amended to read: 
2. Incomplete certificates. Incomplete certificates and records may be completed 
from a sllpplementary"form within one year 90 days after the date of filing without beirig 
considered altered or amended. 
Sec. 12.22 MRSA§2706, as amended by PL 2001, c. -574, §22, IS further 
amended to read: 
§2706. Disclosure of vital records 
Custodians of certificates and records of birth, marriage and death may permit 
- inspection of records, or issue certified copies of certificates or records, or any parts 
thereof, when satisfied that the applicant therefor has a direct and legitimate interest in 
the matter recorded, the decision of the state registrar or the cltirk of a municipality being 
subject to review by the Superior Court, under the limitations of this section. 
1. Child not bOlFn of mRFFiRgc. An official in this State may not permit inspection, 
or issue a cert~fied copy of any certificate or record of birth disclosing that a child was not 
born of marriage. Such a record may be disclosed or a certified copy issued upon request -
of the child, the child's parent or the child's legal guardian or counselor of petitioners fur 
adoption or in response to court process. Such a record may be disclosed as necessary fur 
the department to carry out its responsibilities as the State's child support enfurcement 
agency. 
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2. Statistical research. The state registrar may permit the use of data contained in 
vital records for purposes of statistical research. Such data sfta.l-I.may not be used in a 
manner wfl.ieh that will identify any individual. 
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3. National statistics. The national agency responsible for compiling national vital 
statistics may be furnished such copies or data as it may require foi-national statistics. 
The State sfta.l-I. must be reimbursed for cost of furnishing such copies 6r data, and such 
data sfta.l-I. may not be used in a manner wfl.ieh that will identify any individual, except as 
. authorized by the state registrar. 
4. Unlawful disclosure of data. It shall be ~ unlawful for any employee of the State 
or of any municipality in the State to disclose data contained in such records, except as 
authorized in this section and except that a clerk of a municipality may cause to be 
printed in the annual town report the births reported within the year covered by the report, 
by number of births and location by city or town where birth occurred, deaths repOlted 
within the year covered by the said report, by date of death, name, age and location by 
city or town where death occurred, and marriages reported within the year covered by the 
report by names of parties and date of marriage. All other details of birth, marriage, 
divorce or' death sfta.l-I. may not be available to the general public, except as specified in 
department rules. 
5. Records disclosed. Vital records of a person must be made available at any 
reasonable time upon that person's request or te the request of that person's spouse, 
registered domestic pariner, descendants, parents or guardian's or that person's duly 
designated attorney or agent or attorney for an agent designated by that person or by a 
coiJrt havingjurisdictionover that person whether the request be made in person, by mail, 
Qy telephone or otherwise, provided if the state registrar is satisfied as to the identity of 
the requester, and~ if an attorney or agent, provided if the state registrar is satisfied as to 
the attorney oi' agent's authority to act as &OOIt that person's agent or attorney. If &OOIt the 
agent or attorney has been appointed by a court of competent jurisdiction, or the attorney 
or agent's appearance for &OOIt the person is entered therein, the state registrar shall upon 
request so ascertain by telephone call to the register, clerk or recorder of said the court, 
and this must be deemed sufficient jllstification to compel compliance with the request 
for said the record. The state. registrar shall, as soon as possible, designate persons in the 
Office of Health Data and Program Management Data, Research and Vital Statistics who 
may act in the state registrar's absence, or~ in case of the state registrar's disqualification, 
to carry out the intent of this subsection. A record of bilth, death, fetal death, marriage, 
divorce or domestic paltner registration may be disclosed as necessary for the department 
to carry out its responsibil ities. 
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6. 
Address Confidentiality Program. 
Access to vital records may be further 
restricted within the paJties listed in subsection 5 according to procedures oftlie Address 
Confidentiality Program under Title 5, section 90-B. 
7. Public records. After 100 years from the date of biIth for birth celtificates~ after 
years from the date of death for fetal death celtificates and death' celtificates, after 
years from the date of marriage for marriage celtificatesand after 100 years from the 
registration of domestic partnerships, any person may obtain informational copies of 
these vital records in accordance with the department's rules. 
Sec. 13. 22 MRSA §2708, sub-§I-B is enacted to read: 
I-B. Hindering state registrar investigation. A person who knowingly refuses to 
permit the state registrar t6 inspect vital records or hinders an investigation conducted by 
the state registrar pursuant to section 2709 commits a Class E crime. 
Sec. 14. 22 MRS A §2709, as amended by PL 1973, c. 567, §20, is further' 
amended to read: 
§2709. Duty of state registrar when law violated 
When the State Registrar of Vital Statistics state registrar believes that, in any place 
in this State, the certificates or records of live bilihs, marriages, deaths or fetal deaths are 
not made or kept as is provided by law, or that any person neglects or fails to perform any 
duty required in the law relating to the registration of vital statistics, the said state 
registrar may visit such places and make such investigations as he may deem the state 
registrar considers necessary, and all records, blanks and papers of tewR municipal clerks 
relating to live b,ilihs, mai;riages, deaths or fetal deaths ffial.l must be open to hls the state 
registrar's examination. Any person " ... ho refuses to permit or hinders the e)tamination or 
investigation shall be punished by a fine of not less than $25 nor more than $50. 
'Nhen the state registrar kiJo'i',;s, or has good reason to believe, that any penalty or 
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forfeiture undel' the law relating to vital statistics has been incurred, he shall forthvlith 
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give notice thereof, in writing, to the districtattomey of the county in ,<,,,hich said penalty 
, or forfeiture has occurred, '.vhich notice shall state as near' as ma); be the time of such 
neglect, the name of the person or persons incurring the penalty or forfeiture, 'and sllch 
other facts relating to the default of duty as said registrar may have been able to learn, and 
upon receipt of such notice the district attorney shall prosecllte the defaulting person or 
persons. 
Sec. 15. 22 MRSA §2710, sub-§I, as enacted by PL 2003, c. 672, § 17, IS 
amended to read: 
1. Registry. The Office of Health Data and Program Management Data, Research 
and Vital Statistics within the department, referred to in ,this section as "the registry," 
shall establish a domestic paliner registry. 
Sec. 16. 22 MRSA §2761, first E:[, as iunended by PL '1995, c. 260, §6, is further 
amended to read: 
A certificate of each live birth that occurs in this State must be filed with the clerk of 
the municipality in which the live birth occurred or with the state registrar within a 
reasonable period of time as specified by tHe department rules and must be registered if 
the certificate has been completed and filed in accordance with this section. 
Sec. 17. 22 MRSA §2761, sub-§l, as amended by PL 1995, c. 260, §6, is further 
amended to read:' 
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1. 
Certificate from hospital. 
When. the live birth occurs in a hospital or an 
institution, or en route to the hospital or institution, the person in charge of the institution 
or the person's authorized designee shall obtain the personal data, prepare the certificate, 
certify by signature or by electronic process that the child was born alive at the place and 
time and on the date stated and file the certificate as directed in this section. 
The 
physician or other person in· attendance shall provide the medica] information req~Iired by 
the certificate in a timely fashion, in accordance with as specified by department rule. 
Sec. 18. 22 MRS A §2761, sUlb-§4, as amended by PL 2001, c. 574, §23, IS 
further amended to read: 
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4. Child not born of marriage. Except as otherwise provided in this subsection, if 
the mother was not married at the time of either conception or birth, or between 
conception and birth, neither the name of the putative father nor any other inform~tiOn 
about the putative father may be entered on the certificate without his written consent and 
that of the mother. The signature of the putative father on the written consent mllst be 
acknowledged before an official authorized to take oaths. TI.1e signature of the mother on 
her written consent must also be acknowledged before an official authorized to take 
oaths. Ifa determination of paternity has been made by a court of competent jurisdiction, 
then the name of the father as determined by the court must be entered on the birth 
certificate without the father's or the mother's consent. If the putative father executes an 
acknowledgement of paternity with the department and the putative father i.s either named 
in writing by the mother as the father or is presumed to be the father based on the results 
of blood or tissue-typing tests, the name of the father must beentel'ed on the birth 
certificate· without the father's or the mother's consent. All voluntary acknowledgments 
and adjudications of paternity in this State must be filed with the Office of Health Data 
and Program Management Data. Research and Vital Statistics for comparison with 
information in the state registry of support orders as established in Title 19-A, section 
2104. 
Sec. 19. 22 MRS A §2761-A, as enacted by PL 1993, c. 738, Pt. C, §4, is amended 
to read: 
§2761-A. Baptismal records in lieu of birth certificates 
Any +ndtan Native American whose birth is not recorded pursuant to this Title 
relating to the registration of live biJihs may, in lieu of a birth certificate,present an 
official copy of the baptismal record from the files of the mission where the +ndtan Native 
American was baptized. The baptismal record has the same evidentiary character as an 
unamended and undelayed bilih certificate under section 2707. 
Sec. 20. 22 MRSA §2765, sUlb-§2-A, E[B, as enacted by PL 1989, c. 818, §9, is 
amended to read: 
B. 
When a new celiificate is established after legitimatiol) plll'suant to subsection I, 
paragraph B, the actual place and date of biJih, the name of the child and the names 
and· personal data of both parents at the time of biJih must be shown. 
Notwithstanding section 2705, the new certificate may not be marked "amended." 
The new·certificate must be filed with all other birth certificates and is not subject to 
the provisions of section 2706, subsection 1, or section 2761, subsection 4. 
Sec. 21. 22 MRSA §2766, 2nd Eft, as amended by PL 2001, c. 574, §25, is further 
amended to read: 
Upon verification of the information in this section, the state registrar shall pr~pare a 
form identifying the birth parents of the adoptee. This form must be attached to the new 
certificate of bilth established pursuant to section 2765. A copy of the form must be 
attached to an abstract of bilth issued by the Office of Health Data and Program 
Management Data, Research and Vital Statistics and must be provided to the adoptee. 
Sec. 22. 22 MRS A §2768, sub-§5, as enacted by PL 2007, c. 409, §4 and 
affected by §6, is amended to. read: 
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5. Forms; rules. The state registrar shall develop by rule the data elements required 
in the contact preference form, medical history form and application form as required by 
this section and may adopt other rules for the administration of this section. 
Rules 
adopted pursuant to this subsection are routine technical tules as defined in Title 5, 
chapter 375, subchapter 2~A. 
Sec. 23. 22 MRS A §2769, sub-§5, as enacted by PL 2007, c. 409, §5 and 
affected by §6, is amended to read: 
5. Forms; rules. The state registrar shall develop by rule the data elements required 
for forms as required by this section and may adopt other rules for the administration of 
this section .. Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 24. 22 MRSA §2841, sub-§l, as amended by PL 1977, c. 232, § 1, is further 
amended to read: 
1. Certificate filed by funeral director. The funeral director or other authorized 
person in charge of the disposition of the dead fetus or its removal from the State sll,:!:!1 be 
~'responsible feir filing the certificate. In the absence of such a person, the physician or 
other person in attendance at or after the delivery shall be ~ responsible for filing the 
certificate. He The funeral director or authorized person or physician or other person in 
. attendance at or after delivery shall obtain the personal data from the best qualified 
person or source available and shall present the celtificate to the person responsible for 
completing the medical certification of the cause of death. 
Sec. 25. 22 MRS A §2842, as amended by PL 2007, c. 56, §§ 1 and 2, is further 
amended to read:. 
§2842. Registration of deaths 
Except as authorized by the department, a certificate of each death whlsh- that occurs 
in this State sflaU must be filed with the State Registrar of V ital Statistics or clerk of the 
municipality where death occurred within a reasonable period of time, as specified by 
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depaliment regulation rule, after the day on which death ,occurred and prior to the 
removal of the body from the State. 
1. Certificate filed by funeral director. The funeral director or other authorized 
person in charge of the disposition of the dead human body or its removal from the State 
shall be .i§. responsible for filing the certificate. He The funeral director or authorized 
person shall obtain the personal data from the best qualified person or source available 
and he shall present the certificate to the physician or m,edical examiner responsible for 
completing the medical certification of the cause of death. 
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IS 
2. Medical certificate by physician, nurse practitioner or physician assistant. 
The· medical certification of the cause of death must be completed in typewritten or 
legibly hand printed style and signed in a timely fashion manner, as specified by 
department rule, by a physician, n'urse practitioner or physician assistant aujhQrized to 
practice in the State' who has knowledge of the patient's recent medical condition, in 
accordance with department regulations rules and other laws detailing who can certifY 
and in whattime frame, except when the death falls under the jurisdiction of the medical 
examiner as provided in section 3025.· If the patient was a resident of a nursing home 
licensed under section 1817 at the time of death and if the health care provider in charge 
of the patient's care or another health care provider designated by the health care provider 
in charge had not examined the patient within 48 hours prior to death, or within 2 weeks 
prior to death in the case of a terminally ill patient; the health care provider in charge or 
another. health care provider designated by the health care provider in charge shall 
examine the body prior to completing the celiification of death process. Any health care 
provider who fails to complete the medical ce.1iification of the cause of death fully, .ffi 
type'ivritten or legibly hand printed style and in a timely manner, Or who fails to examine 
the body of a nursing home resident priOr to certifYing cause of death as required by this 
section must be repOrted to the Board of Licensure in Medicine, the Board of Osteopathic 
Licensure or the State Board of Nursing, whichever is appropriate, by the State Registrar 
of Vital Statistics of the Department of Health and Human Services. 
For the purposes of this subsection, the following terms have the following meanings. 
A. 
"Life-sustaining procedure" means any medical procedure or intervention that, 
when administered to a qualified patient, will serve only to prolong the dying process 
and does not include nutrition and hydration. 
B. 
"Terminally ill patient" means a patient who has been diagnosed as having an 
incurable or irrev~rsible condition that, without the administration of life-sustaining 
procedures, will, in the opinion of the attending health care provider, result in death 
within a short time. 
C. 
"Health care provider" means a physician authorized to practice in this State, 
nurse practitioner or physician assistant. 
D. 
"Nurse practitioner" means an advanced practice registered nurse who is a 
certified nurse practitioner. authorized to practice without the supervision of a 
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physician pursuant to Title 32, chapter 31. 
E. 
"Physician assistant" means a person who has graduated from a physician 
assistant or surgeon assistant program accredited by the' American~ Medical 
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Association Committee on Allied Health Education and Accreditation or the 
Commission on Accreditation of Allied Health Education Programs or its successor 
and who has passed the certifying examination adf!1inistered by the National 
Commission on Certificatiori of Physician Assistants or its successor. 
2-A. Medical certification. Notwithstanding subsection 2, with respect to a person 
who dies within the State naturally and for whom the physician, nurse practitioner or 
physician assistant was the attending health care provider, the medical certification of the 
cause of death may be completed and signed by a physician, nurse practitioner or 
physician assistant authorized to practice at the Veterans Administration Hospital United 
States Department of Veterans Affairs at Togus or at another federal medical facility 
within the State or by a physician, 'an advanced practice registered nurse or physician 
assistant licensed to practice in New Hampshire, Vermont or Massachusetts who, at the 
request of the Chief Medical Examiner, is willing to do so. 
3; 
Medical certificate by medical examiner. 
When a death occurs under 
circumstances that make ita medical examiner case as defined in section 3025, or when 
inquiry as to the cause of death is' required by law, the medical examiner shall complete 
in type'Nritten or legibly hand printed style the medical certification of the cause of death 
as specified by department rule and sign the death certificate. A certification need not be 
completed before the remains are ready for release. 
The medical examiner is responsible for the identity of the deceased and the time, date, 
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place, cause, manner and circumstances of death on the death certificate.· Entries may be 
left "pending" if fllliher study is needed; or, at the specific direction of the Attorney 
General reJative to cases under investigation by the Attorney General's office, entries 
must be le'ft "withheld" until such time as the Attorney General, in the Attorney General's 
sole discretion, determines that any criminal investigation and prosecution will not be 
harmed by public disclosure of such information. 
Notwithstanding section 2706, 
subsection, 4, unless directed otherwise by the Attorney General as specified in this 
subsection, this information for which the medical examiner IS responsible may be made 
available to the general public by the Office·ofChiefMedical Examiner. 
4. 
Correction of errors on death statistic records filed under chapter 711. 
Certificates of death in medical examiner cases, as defined in section 3025, may be 
completed or amended at any time by means of forms provided described in rule. by the 
department to the Office of Chief Medical Examiner. Either the Chief Medical Examiner 
. or the medical examiner assigned to the case may sign the fonTIs. A person authorized by 
' the Chief Medical Examiner may amend a certificate of death with respect to the time, 
date, place and circumstances of death. The medical examiner assigned shall submit the 
form to the Office of the Chief Medical Examiner for filing with the State Registrar of 
Vital Statistics. Tilese fonns may be filed at any time after death and need not include a 
summary description of the evidence in support of the cOinpletioll or amendment. 
Sec. 26. 22 MRSA §2842-B, as repealed and replaced by PL 200 I, c. 601, § 1, is 
amerided to read: 
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§2842-B.Native American human remains 
1. Transfer of remains. 
Exc~pt as provided in subsections 2 and 3, a person or 
entity who possesses any human remains identified as lH4iafl. Native American human 
remains shall transfer the remains to the intertribal repatriation organization that is 
appointed by the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet 
Indians and Aroostook Band of Micmacs for reburial. 
The intertribal repatriation 
9rganization shall make reasonable inquiry to locate the next of kin of the deceased. If 
next of kin are located, the intertribal repatriation organization shall transfer the remains 
to the next of kin. 
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2. 
Medical E:x:aminer cases. 
In cases within the jurisdiction of the Medical 
Examiner Act, the Chief Medical Examiner has authority over .Ji:H:I.iafI: Native American 
human remains until the remains are no longer required ·for legal purposes. At that time; 
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the Chief Medical Examinershall make reasonable inquiry to locate the next of kin of the 
deceased. 
If next of kin are located, the Chief Medical Examiner shall release 'the 
remains to the next of kin of the deceased. If no next of kin are located, the remains must 
be released to the intertribal repatriation organization for reburial. 
3. Native American Graves Protection and Repatriation Act.. Subsection 1 does 
not apply to any human remains or any person or entity subject to the Native American 
Graves Protection and Repatriation Act, 25 United States Code, Chapter 32. 
4. 
Memorandum of understanding. The Chief Medical Examiner, the Maine 
Historic Preservation Commission and the Maine State, Museum shall enter into a 
memorandum of understanding concerning the disposition of human· remains in the 
possession of the Chief Medical Examiner that are subject to the Native American Graves 
Protection and Repatriation Act. 
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Sec. 27. 22 MRSA §2843, as amended by PL 2007, c. 56, §§3 and 4, is further 
amended to read: 
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' §2843., Permits for final disposition of dead human bodies 
Except as authorized by the department, a dead human body may not be buried, 
cremated or otherwise disposed of or removed from the State until a funeral director or 
other authorized person in charge of the disposition of the dead human body 'or its 
removal from the State has obtained a permit from the State Registrar of Vital Statistics 
or the clerk of the municipality where death occurred or where the establishment of a 
. funeral director having custody of the dead human. body is located as specified by 
department rule. The permit is sufficient authority for final disposition in any piace where 
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dead human bodies are ~disposed of in this State, as Jong as the requirements of Title 32, 
section 1405 are met in appropriate cas'es. The permit may not be iss~ed to anyone other, 
than a funeral director until the state registrar or tl}e clerk of the municipality receives a 
medical certificate that has been signed 'by a physician or a medical examiner that 
indicates that the physician or medical examiner has personally examined the body after 
death. A permit must also be issued if a riurse practitioner or physician assistant has 
signed the medical certificate indicating that the nurse practitioner' or physician assistant 
has knowledge of the deceased's recent medical condition or was in charge of the 
deceased's care and that the nurse practitioner or physician assistant has personally 
examined the body after death. The authorized person may transport a dead human body 
only upon receipt of this permit. 
A The State Registrar of Vital Statistics or a municipal clerk may issue a permit for 
final disposition by cremation, burial at sea, use by medical science or removal from the 
State only upon receipt of a certificate of release by a duly appointed medical examiner as 
specified in Title 32, section 1405. 
A The State Registrar of Vital Statistics or a municipal clerk may issue a disposition 
of human remains permit to a funeral director who presents a report of death and states 
that the funeral director has been unable to obtain a medical certification of the cause of 
death. 
The funeral director shall name the attending physician, attending nurse 
practitioner, attending physician assistant-or medical examiner who will certify to the 
cause of death and· present assurances that the attending physician, attending nurse 
practitioner, attending physician assistant or medical examiner has agreed to do so. The 
funeral director shall exercise due diligence to secure the medical certification and file the 
death certificate as soon as possible. 
1. Permit for transportation. Each dead human body transported into this State for 
final disposition 5fiaJ.l. must be accompanied by' a permit issued by the duly constituted 
authority at the place of death. Such permit shall be .lli sufficient authority for final 
disposition in any place where dead human bodies are disposed of in this State. 
27. 
2. 
Permit for disinterment or removal. Ne A dead human body may not be 
disinterred or removed from any vault or tomb until the person in charge of the 
disinterment or removaf has obtained a permit from the clerk of the municipality where 
the dead human body is buried or entombed. The permit must be issued upon receipt of a 
notarized application signed by the next of kin of the deceased who· verifies that the 
signer is the closest surviving known relative and, where any other family member of 
equal or greater legal or blood relationship or a domestic partner of the decedent also 
survives, that all such p~rsons are aware of, and do not object to, the disintennent or 
removal. Nothing contained in this subsection precludes a court of competent jurisdiction 
from ordering or enjoining disinterment or removal pursuant to section 3029 or in other 
appropriate circumstances. For purposes of this subsection, "domestic partner" means 
one of 2 unmarried· adults who are domiciled together under long-term arrangements that 
evidence a commitment to remain responsible indefinitely for each other's welfare. 
3. Permit for burial. The person in charge of each burying ground or crematory in 
this State shall endorse each such permit with which he that person is presented, and 
return it to the clerk of the municipality in which such burying ground or crematory is 
located within 7 days after the date of disposition. If there is rio person in charge of the 
burying ground, an official of the municipality in which the bUl:ying ground is located 
shall endorse each such permit, and present it to the clerk of the municipality. The 
funeral director or authorized person shall present a copy of each permit, after 
endorsement, to the State Registrar of Vital Statistics or the clerk of the municipality 
where death occurred and to the clerk who issued the permit. 
Pagel 1- 124LR2548(OI)-1 
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4. Records. Each municipality shall maintain a record of any endorsed permit 
received pursuant to subsection 3. These records sflatl. must be OPen to public inspection. 
Sec. 28. 22 MRS A §2843-A, sub-§l, ,s-1 is enacted to read: 
B-1. 
"Dead body" or "dead· human body" means a body or fetus for which it 
reasonably can be determined that death occurred . 
. 6 
Sec. 29. 22 MRSA §2843-A, sub:..§2, as enacted by PL 1993, c. 609, § 1, IS 
amended to read: 
2. Custody and control generally. The custody and control of the remains of 
deceased residents of this State, dead bodies or dead human bodies are governed by the 
following provisions. 
A. 
If the subject has designated a person to have custody and control in a written 
and signed document, custody and control bel,ong to that person. 
B. 
If the subject has not left a written and signed document designating a person to 
have custody and control, or if the person designated by the subject refuses custody 
and control, custody and control belong to the next of kin. 
. 
C. 
If the mixt of kin is 2 or more persons with the same relationship to the subject, 
the majority of the next of kin have custody and control. If the next of kin can not, by 
majority vote, make a decision regarding the subject's remains, the court shall make 
the decision upon petition under subsection 4, paragraph D. 
Sec. 30.' 22 MRS A §2844, as amended by PL 2001, c. 574, §29, IS further 
amended to read: 
§2844. Subregistrars 
The tovm or city State Registrar of Vital Statistics or municipal clerk may appoint 
one o·r more suitable and proper persons in tHe .!! municipality as subregistrars, who are 
authorized to issue permits for transportation and final disposition of dead human bodies 
' in the same manner a~ is required of the town or city state registrar or municipal clerk~ 
specified by department rule. Permits may be issued by a subregistrar only when the 
tmvn or city clerk or deputy clerk is not available .. The completed death certificate or 
report of death, upon which the permit is issued, together with a copy of the disposition of 
human remains permit must be forwarded to the tewflmunicipaI .CIerk at the earliest 
opening of the municipal office after the date of issue, and all. permits by whomsoever 
issued must be returned to the tewfl municipal clerk as required by section 2843. The 
. appointment of subregistrars must be made with reference to locality, so as to best suit the 
convenience. of the inhabitants of the tewfl municipality, and such annual appointment 
must be in writing and recorded in the office of the town or city state registrar or 
municipal clerk. The subregistrars in any tewfl municipality hold office at the pleasure of 
.37 
the tewfl state registrar or municipal clerk. 
SUMMARY 
.This bill changes the name of the Department of Health and Human Services, Office 
of Health Data and Program Management to the Office of Data, Research and Vital 
Statistics. 
This bill enables the Office of Data, Research and Vital Statistics to establish a 
system for the electronic filing of death certifica~es. 
This bill acknowledges the change in name or the Veterans Administration Center at 
-Togus t.o the United States Department of Veterans Affairs at Togus. 
This bill shortens the time period in which a vital record may be corrected or 
completed from one year to 90 days. 
This bill closes vital records from public procurement to guard against fraud. 
This bill enables the State Registrar of Vital Statistics to appoint subregistrars. 
This bill allows a disposition of human remains permit to be issued for a fetus 
regardless of gestational age. 
This bill enables the State Registrar of Vital Statistics to change the design of forms 
for adult adoptee access to records without using the rule-making process. 
This bill authorizes. the Chief Medical Examiner -within the Department of the 
Attorney General to designate individuals to execute supplemental certificates of death as 
regards time, date, place and circumstances of death, while reserving to the medical 
examiner responsibility for determining the cause and manner of death in medical 
examiner cases. 
This bill updates the penalty section in the laws governing vital statistics to be . 
compliant with current statutes.