Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 4 - RULES FOR PUBLIC ACCESS TO VITAL RECORDS › Section 146-4-1 - PURPOSE AND DEFINITIONS

Current through 2024-29, July 17, 2024
A.
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.