New Jersey Administrative Code › Title 8 - HEALTH › Chapter 2A - DEATH RECORDS › Subchapter 2 - ACCESS TO DEATH RECORDS › Section 8:2A-2.2 - Certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a)The State Registrar
				or local registrar may issue certifications containing information obtained from the
				death record to requestors not identified in
				8:2A-2.1(a)3, so long
				as those requestors are first able to identify the record sought.
(b)All certifications issued under (a) above shall
				state that they are for informational purposes only and are not to be used for
				identification or legal purposes.
(c)The
				certification of the death record shall include, at a minimum, the name of the
				decedent, place of death (county, municipality), date of death, sex, date of birth,
				date of issuance and manner of death providing this information is
				available.
(d)The certification of the
				death record may include other information; however, the last sickness and death
				particulars (cause of death and medical particulars) will only be included on the
				certification of the death record if the applicant produces documentation verifying
				that he or she is:
1.The parent of the subject of the death record;
2.The subject's legal guardian or legal representative;
3.The subject's spouse or domestic partner;
4.The subject's child, grandchild or sibling, if of legal
				  age;
5.A State or Federal agency requesting the record for official
				  purposes;
6.A person requesting the record pursuant to a court order;
				  or
7.A person requesting the record under emergent circumstances, as
				  determined on a case-by-case basis by the Commissioner.
(e)Any of the relatives to the decedent listed in
				(d)1 through 4 above, with the exception of the funeral director as legal
				representative, may consent to the release to a third party of a certification of
				the death record containing cause of death and medical particulars. Such consent
				must be provided in the form of an Authorization for Release of Cause of Death
				similar to that set forth in the chapter Appendix, incorporated herein by
				reference.
(f)Any certification of a
				death record, with or without last sickness and death particulars, may be released
				without consent under the following conditions:
1.To qualified personnel for the purpose of conducting scientific
				  research only under the following conditions:
i.An Institutional Review Board, constituted pursuant to Federal
				  regulation
				  45 C.F.R.
				  46.101 et seq., shall review and approve the
				  research protocol prior to release of the death record;
ii.Research personnel shall not identify the subject of the
				  record, directly or indirectly, in any report of the research; and
iii.Research personnel shall not disclose the identity of the
				  subject of the record in any manner;
2.To qualified personnel for the purpose of conducting management
				  audits, financial audits or program evaluation only under the following
				  conditions:
i.Personnel shall not identify the subject of the record, directly
				  or indirectly, in any report of an audit or evaluation;
ii.Personnel shall not disclose the identity of the subject of the
				  record in any manner; and
iii.Identifying information shall not be released to the personnel
				  unless it is vital to the audit or evaluation;
3.To the Department as required by State or Federal law; or
4.As permitted by the rules adopted by the Commissioner for the
				  purposes of disease prevention and control.
(g)The State Registrar or other custodian of vital
				records shall not permit physical inspection or access to the full death record, nor
				shall he or she disclose information, copy or issue the full death record, unless he
				or she is satisfied that the applicant is authorized to obtain a full copy of such
				record under 8:2A-2.1 or 2.2.