Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 95 - Vital Records: General Administration › Rule 641-95.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of 641-Chapters 95 to 100, the following
				definitions shall apply:
"Administrative costs"
means costs for the
				registration, collection, preservation, modification and certification of
				records, including but not limited to costs related to copying, regular
				mailing, searching, staffing, and maintenance of systems.
"Advanced registered nurse practitioner"
or
"ARNP"
means an individual licensed pursuant to Iowa Code
				chapter 152.
"Age of majority"
means the chronological
				moment when a child legally assumes majority control over the child's own
				person and actions and decisions, thereby terminating the legal control and
				legal responsibilities of the child's parents over and for the child. The
				period of minority extends to the age of 18 years, but every minor attains
				majority by marriage.
"Amendment"
means a change made by the state
				registrar upon request from an entitled person as described in
				641-95.8 (144) to an obvious
				error, omission, or transposition of letters in a word of common knowledge one
				year or more after the event.
"Birth center"
means a facility or
				institution, which is not an ambulatory surgical center or a hospital or in a
				hospital, in which births are planned to occur following a normal,
				uncomplicated, low-risk pregnancy.
"Birthing institution"
means a private or
				public hospital licensed pursuant to Iowa Code chapter 135B that has a licensed
				obstetric unit or is licensed to provide obstetric services.
"Burial-transitpermit"
means a permit which is
				required to assume custody of a dead body or fetus pursuant to Iowa Code
				section
				144.32.
"Certificate"
means the written or electronic
				legal document containing the facts of an event; also used interchangeably with
				the term "record."
"Certificate of birth resulting in
				stillbirth,"
pursuant to Iowa Code section
				144.31
				A, means a noncertified copy issued based upon a properly filed fetal death
				certificate to record the birth of a stillborn fetus.
"Certified copy"
means an official copy of a
				registered vital record that is authenticated by the state registrar or county
				registrar. A certified copy contains a statement certifying the facts are true
				and accurate as recorded, is printed on security paper, and has authentication
				seals and signatures. A certified copy excludes all entries indicated as
				confidential or for statistical information.
"Commemorative certificate,"
pursuant to Iowa
				Code section
				144.45A,
				means a commemorative abstract of an Iowa birth or marriage record that has
				been properly filed.
"Competent and disinterested person"
means an
				individual of legal age who is acquainted with both applicants who plan to
				marry.
"Confidential information"
means data or
				information that is on a vital record, is not considered public information,
				and is restricted as to its release pursuant to Iowa Code chapter 144 or other
				provision of federal or state law.
"Correction"
means a change made by the state
				registrar upon observation, upon query, or upon request from an entitled person
				as described in 641-95.8 (144) to an obvious
				error, omission, or transposition of letters in a word of common knowledge
				within one year and prior to the first anniversary of the event.
"County registrar"
means the county recorder
				with the authority to record vital records and issue certified copies. The
				county registrar operates under the state vital records laws and rules and the
				guidance of the state registrar pursuant to Iowa Code sections
				144.5 and
				144.9.
				Pursuant to Iowa Code section
				331.601(4),
				if the office of the county recorder has been abolished, "county registrar"
				means the office to which the duties are assigned by the county board of
				supervisors.
"County resident copy"
means a properly filed,
				clearly marked working copy of a decedent's death certificate which is sent to
				and recorded by the county registrar of the county of the decedent's residence
				in the event the death occurred outside the county of the decedent's
				residence.
"Court of competent jurisdiction"
means the
				appropriate court for the type of action. When used to refer to inspection of
				an original certificate of birth based upon an adoption, "court of competent
				jurisdiction" means the court in which the adoption was ordered.
"Cremated remains"
means all the remains of
				the cremated human body recovered after the completion of the cremation
				process, including pulverization which leaves only bone fragments reduced to
				unidentifiable dimensions, and may include the residue of any foreign matter
				including casket material, bridgework, or eyeglasses that were cremated with
				the human remains.
"Cremation"
means the technical process, using
				heat and flame, that reduces human remains to bone fragments, with the
				reduction taking place through heat and evaporation. Cremation shall include
				the processing, and may include the pulverization, of the bone
				fragments.
"Custody"
means guardianship or control of
				vital records, including both physical possession, referred to as physical
				custody, and legal responsibility, referred to as legal custody, unless one or
				the other is specified. The state registrar shall not transfer legal custody of
				vital records to another agency for purposes of granting public access until
				all the records have been purged of all confidential information.
"Day"
means calendar day.
"Dead human body"
means a lifeless human body
				or parts or bones of a body, if, from the state of the body, parts, or bones,
				it may reasonably be concluded that death recently occurred.
"Death"
means the condition as defined in Iowa
				Code section
				702.8.
"Declaration of paternity registry"
means a
				registry for a putative father to declare paternity pursuant to Iowa Code
				section
				144.12A.
				The declaration does not constitute an affidavit of paternity filed pursuant to
				Iowa Code section
				252A.3A.
"Delayed birth record"
means the registration
				of a live birth event occurring in Iowa one or more years after the date of
				birth which is clearly marked as delayed and shall show on its face the date of
				the delayed registration.
"Delayed death record"
means the registration
				of a death event occurring in Iowa one or more years after the date of death
				which is clearly marked as delayed and shall show on its face the date of the
				delayed registration.
"Delayed marriage record"
means the
				registration of a marriage event occurring in Iowa one or more years after the
				event which is clearly marked as delayed and shall show on its face the date of
				the delayed registration.
"Department"
means the Iowa department of
				public health.
"Disinterment permit"
means a permit which
				allows the removal of a dead human body or fetus from its original place of
				burial, entombment or interment for the purpose of autopsy or reburial.
"Electronic access"
means authority given by
				the state registrar to a county registrar to access electronic vital records
				through the electronic statewide vital records system for purposes of
				retrieving information. The state registrar shall provide guidelines for
				electronic access and the retrieval of information from the electronic
				statewide vital records system.
"Electronic statewide vital records system"
means the combined vital records system for registration of birth records,
				registration of death records, issuance of certified copies of vital records by
				the state registrar and county registrar, and fee accounting.
"Emancipated minor"
means a person younger
				than 18 years of age who has obtained the age of majority by court
				order.
"Fetal death"
means a death prior to the
				complete expulsion or extraction from its mother of a product of human
				conception, irrespective of the duration of pregnancy which is not an induced
				termination of pregnancy. The death is indicated by the fact that, after such
				expulsion or extraction, the fetus does not breathe or show any other evidence
				of life such as beating of the heart, pulsation of the umbilical cord or
				definite movement of voluntary muscles. In determining a fetal death,
				heartbeats shall be distinguished from transient cardiac contractions, and
				respirations shall be distinguished from fleeting respiratory efforts or
				gasps.
"Filing"
means the presentation of a
				certificate, report, or other record of a live birth, death, fetal death,
				adoption, marriage, dissolution, or annulment for registration pursuant to Iowa
				Code chapter 144.
"Final disposition"
means the burial,
				interment, cremation, removal from the state, or other disposition of a dead
				body or fetus.
"Foundling"
means a living infant of unknown
				parentage whose place of birth is where the infant is found and whose date of
				birth shall be determined by approximation.
"Funeral director"
means a person licensed in
				Iowa to practice mortuary science pursuant to Iowa Code chapter 156.
"Gestational surrogate arrangement"
or
"surrogate mother arrangement,"
as defined in Iowa Code
				section
				710.11,
				means an arrangement whereby a female agrees to be artificially inseminated
				with the sperm of a donor, to bear a child, and to relinquish all rights
				regarding that child to the donor or donor couple.
"Health care provider"
means an individual
				licensed under Iowa Code chapter 148, 148C, 148D, or 152 or any individual who
				provides medical services under the authorization of the licensee.
"Induced termination of pregnancy"
means the
				use of any means to terminate the pregnancy of a woman known to be pregnant
				with the intent other than to produce a live birth or to remove a dead fetus as
				defined in Iowa Code section
				144.29A(8).
"Institution"
means a facility as defined in
				Iowa Code section
				144.1(10),
				including "hospital" as defined in Iowa Code section 135B. 1(3) but not
				including "birth center" as defined in Iowa Code section
				135.61(2).
"Institutional health facility"
means a
				hospital as defined in Iowa Code section
				135B.1, including a
				facility providing medical or health services that is open 24 hours per day,
				seven days per week and that is a hospital emergency room or a health care
				facility as defined in Iowa Code section
				135C.1.
"Jurisdiction"
means the state or county to
				which legal authority for the system of vital statistics has been granted by
				statute.
"Last name"
means surname.
"Lineal consanguinity"
means the existence of
				a line of descent in which one person is descended in a direct lineal
				relationship to another: as between the registrant and the registrant's parent,
				grandparent, great-grandparent, and so upward, in the direct ascending line; or
				between the registrant and the registrant's child, grandchild, great-grandchild
				and so downward in the direct descending line; or any siblings of the
				registrant.
"Live birth"
means the complete expulsion or
				extraction from its mother of a product of human conception, irrespective of
				the duration of pregnancy, which after such expulsion or extraction, breathes
				or shows any other evidence of life, such as beating of the heart, pulsation of
				the umbilical cord, or definite movement of voluntary muscles, whether or not
				the umbilical cord has been cut or the placenta is attached. In determining a
				live birth, heartbeats shall be distinguished from transient cardiac
				contractions, and respirations shall be distinguished from fleeting respiratory
				efforts or gasps.
"Marriage license valid date"
means the day on
				which the marriage license becomes valid and on or after which the parties are
				authorized to marry. When the marriage license valid date is computed, the date
				of application shall be excluded. The marriage license shall become valid after
				the expiration of three calendar days after the date of application, unless
				earlier validated by a court of competent jurisdiction.
"Medical certification"
means a statement
				which attests that the medical information reported on the certificate of death
				or fetal death is accurate to the best of the medical certifier's
				knowledge.
"Medical certifier"
means an Iowa-licensed
				physician, physician assistant, advanced registered nurse practitioner, or
				medical examiner who attests that the death event has taken place and who
				determines the cause and manner of death.
"Medical examiner"
means the medical legal
				officer who makes the determination of the cause of death in nonroutine deaths
				such as non-natural, sudden, or unattended deaths or other deaths which affect
				the public interest.
"Modification"
means any change made to a
				record that has been accepted and registered, such as a correction, an
				amendment, a change after adoption or paternity determination, or any other
				change.
"Mutual consent voluntary adoption registry"
means a registry which authorizes adult adopted children, adult siblings, and
				the biological parents of adult adoptees to register to obtain identifying
				birth information.
"Natural cause of death"
means a death due to
				a disease or the aging process and not due to external causes.
"Newborn safe haven registration"
means the
				registration of the birth of a living infant of unknown parentage who has been
				abandoned or left at some unknown time after birth in a location other than the
				place of delivery.
"Non-birthing institution"
means a private or
				public hospital licensed pursuant to Iowa Code chapter 135B that does not have
				a licensed obstetric unit or is not licensed to provide obstetric services but
				may provide obstetric services on an emergency basis.
"Non-institution birth"
means a live birth
				that occurs outside of an institution and not en route to an
				institution.
"Non-natural cause of death,"
pursuant to Iowa
				Code section
				144.28(1)
"a,"
means the death is a direct or indirect result of
				physical, chemical, thermal, or electrical trauma, or drug or alcohol
				intoxication or other poisoning.
"Notification of record search"
means the
				document issued to the applicant when the record requested cannot be located
				through a search of registered records. The document contains a certification
				statement, is printed on security paper, and has authentication seals and
				signatures.
"Officiant"
means (1) a judge of the Iowa
				supreme court, court of appeals, or district court, including a district
				associate judge, an associate juvenile judge, or a judicial magistrate, and
				including a senior judge as defined in Iowa Code section
				602.9202(3), or (2)
				 a person ordained or designated as a leader
				of the person's religious faith.
"Physician"
means an individual licensed
				pursuant to Iowa Code chapter 148.
"Physician assistant"
means an individual
				licensed pursuant to Iowa Code chapter 148C.
"Presumptive death"
means a death event
				presumed to have occurred in Iowa where no human body is found and a court of
				competent jurisdiction has determined the death has occurred.
"Putative father"
means a man who is alleged
				to be or who claims to be the biological father of a child born to a woman to
				whom the man is not married at the time of the conception or birth of the child
				or at any time during the period between the conception and birth of the
				child.
"Record of death"
means the compilation of
				those entries of a death, whether electronic or paper, which are contained in
				indexed systems which record the death event occurring in Iowa. "Record of
				death" shall include the certificate of death.
"Record of fetal death"
means the compilation
				of those entries of a fetal death, whether electronic or paper, which are
				contained in indexed systems which record a fetal death event occurring in
				Iowa. "Record of fetal death" shall include the certificate of fetal
				death.
"Record of foreign born adoption"
means the
				compilation of those entries of a live birth event for a child born in a
				foreign country and adopted by an Iowa resident. "Record of foreign born
				adoption" shall include the certificate of foreign birth and shall not
				constitute U.S. citizenship.
"Record of live birth"
means the compilation
				of those entries of a live birth event, whether electronic or paper, which are
				contained in indexed systems which record a live birth event occurring in Iowa.
				"Record of live birth" shall include the certificate of live birth.
"Record of marriage"
means the compilation of
				those entries of a marriage event, whether electronic or paper, which are
				contained in indexed systems which record a marriage event occurring in Iowa.
				"Record of marriage" shall include the certificate of marriage.
"Registrant"
means the person named on the
				certificate as the person who was born, died, or was married.
"Registration"
means the process by which
				vital statistics records are completed, filed, and incorporated by the state
				registrar in the official records.
"Report of dissolution or annulment"
means the
				statistical report of dissolution or annulment, whether electronic or paper,
				excluding all entries indicated as confidential or for statistical information
				only.
"Report of termination of pregnancy"
means the
				aggregated compilation of the information received by the department on
				terminations of pregnancies for each information item listed, with the
				exception of the report tracking number, the health care provider code, and any
				set of information for which the number is so small that the confidentiality of
				any person to whom the information relates may be compromised.
"Research"
means the systematic investigation
				designed primarily to develop or contribute to scientific, medical, public
				health or psychosocial disciplines and generalized knowledge and not for
				private gain.
"Sealed"
means the removal from inspection of
				any copy of an original certificate in the custody of the county registrar and
				the state registrar.
"Security paper"
means standardized paper for
				issuing certified copies of vital record events that meets, at a minimum,
				national requirements for security features embedded within the paper to deter
				tampering, counterfeiting, photocopying, or imaging in order to help prevent
				fraudulent use of the certified copy and prevent identity theft.
"Single parent birth"
means any record of live
				birth for which there is a reference or statement on the certificate or entry
				which directly indicates "no" regarding "born in wedlock" or "married"; or any
				record of live birth for which there is reference or statement on the
				certificate or entry that either parent is "unknown" or "anonymous"; or any
				certificate or entry which reflects the omission or absence of the name of the
				father of the child.
"Spontaneous termination of pregnancy"
means
				the occurrence of an unintended termination of pregnancy at any time during the
				period from conception to 20 weeks' gestation and is not a spontaneous
				termination of pregnancy at any time during the period from 20 weeks or greater
				which is reported to the department as a fetal death under Iowa Code section
				144.29.
"Standard birth registration"
means a vital
				record of a live birth event that occurred in Iowa which was submitted and
				accepted for registration within one year of the event.
"State registrar"
means the director of the
				department or the director's designee.
"Stillbirth"
means an unintended fetal death
				occurring after a gestation period of 20 completed weeks or more or an
				unintended fetal death of a fetus with a weight of 350 or more grams.
"System of vital statistics"
or
"system"
means the registration, collection, preservation,
				amendment, and certification of vital statistics records, and activities and
				records related thereto including the data processing, analysis, and
				publication of statistical data derived from such records.
"Uncertified copy"
means an unofficial copy of
				a registered vital record which is not printed on security paper and which does
				not contain any authentication by the issuing jurisdiction. Uncertified copies
				shall contain an overstamp such as: "Not for Legal Purposes," "Administrative
				Use Only," "Deceased," "For Genealogical Purposes Only," "Working Copy," or any
				other overstamp as authorized by the state registrar.
"Vital records"
means certificates or reports
				of birth, death, fetal death, marriage, dissolution, annulment, and related
				data.
"Vital statistics"
means data derived from
				reports, certificates, and records of live birth, death, fetal death, induced
				termination of pregnancy, marriage, dissolution of marriage or annulment, and
				data related thereto.