reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.6 - Certification of Long Term Care Facilities Informal Dispute Resolution › Rule 37.5.611 - INFORMAL DISPUTE RESOLUTION, CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS) RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) The
				presiding official shall make a written recommendation to CMS, the facility and
				the state survey agency following the informal dispute resolution.
(2) CMS shall have the final authority to
				make a determination in the informal dispute resolution process. CMS may
				accept, reject or amend the recommendation of the presiding official.
(3) If CMS notifies the state survey agency
				that CMS is making the final determination following informal dispute
				resolution, the state survey agency will not issue the deficiency citation form
				until CMS instructs the state to do so.
(4) The deficiency citation form shall be
				amended as specified in ARM
				37.5.607 based on the written
				determination of CMS. If any amendments are made based on the CMS
				determination, the amended deficiency citation form will be sent by the state
				survey agency to CMS and the facility.
53-6-109,
					 53-6-113,
					 MCA; IMP,
					 53-6-109,
					 53-6-113,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.6 - Certification of Long Term Care Facilities Informal Dispute Resolution › Rule 37.5.615 - INCORPORATION OF STANDARDS FOR MONITORING AND REFERRAL FOR MEDICATIONS AND TREATMENTS IN THE CERTIFICATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) In
				compliance with
				53-6-109,
				MCA, the following facility monitoring and referral standards for medications
				and treatments shall be used in the survey and certification process:
(a) the facility shall have a process in
				place to monitor all residents who receive a medication or treatment for
				excessive dose, duplicate therapy, excessive duration, inadequate monitoring
				based on current practice standards, inadequate indications or
				contraindications for use, adverse consequences which indicate the dose should
				be reduced or discontinued, or any combination of these reasons;
(b) the facility must notify the attending
				physician and, if appropriate, the facility medical director, the consulting
				pharmacist and/or other appropriate medical professionals when it identifies
				any of the conditions outlined in (1)(a) and request his or her review of
				continuing the medication or treatment as ordered. Such notifications, and any
				resulting conclusions about continuing the medication or treatment or any
				changes in medications or treatments must be documented in the resident's
				medical record by the facility staff;
(c) if the process described in (1)(a) is in
				place and is being fully implemented and utilized, but a violation of any
				federal or state standard or condition for participation in the Medicaid
				program still exists, the state survey agency will cite the deficiency on the
				facility's deficiency citation form. The state survey agency will also refer
				the attending physician to the board of medical examiners for review of the
				care provided by the physician; or
(d) if the process described in (1)(a) is not
				in place or is not being implemented or utilized fully and a violation of any
				federal or state standard or condition for participation in the Medicaid
				program exists, the state survey agency will cite the deficiency on the
				facility's deficiency citation form.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.1 - General › Rule 37.8.101 - REGISTRARS, GENERAL

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall provide to each county clerk and recorder the name, address and telephone
				number of the local registrars in that county.
(2) Each local registrar shall submit to the
				department and the county clerk and recorder the name, address, and telephone
				number of at least one proposed deputy registrar, who may function as a deputy
				after receiving written authorization from the department to do so. The deputy
				registrar may function as registrar when the registrar is
				unavailable.
(3) Each registrar
				must report to the department and the county clerk and recorder any change in
				the name, address, or telephone number for the registrar or the deputy
				registrar.
(4) Before resigning or
				retiring as registrar, a registrar must send the department notification of the
				fact and a recommendation for a replacement. A resignation or retirement will
				be effective the last day of the month the notification is received by the
				department. The appointment of a replacement registrar will be effective the
				first day of the month after the replacement receives the appointment
				letter.
(5) On the fifth day of
				every month, each local registrar must mail to the department all original
				certificates, (birth, death, and fetal death) filed with the registrar during
				the previous month.
Sec.
					 50-15-102
					 and
					 50-15-103,
					 MCA; IMP, Sec.
					 50-15-103,
					 50-15-104,
					 50-15-105
					 and
					 50-15-109,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.1 - General › Rule 37.8.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to the definitions contained in
				  50-15-101,
				  MCA, the following definitions apply to this chapter:
(1) "Amendment" means alteration or addition
				of any item on the face of a vital record after it is on file with the
				department, in a county clerk and recorder's office, or with a clerk of
				district court.
(2) "Ashes" which
				are the result of a cremation of a human body are considered the same as a dead
				body as defined in
				50-15-101(3),
				MCA.
(3) "Authorized certifier"
				means, in relation to a certified copy of a vital record, either a county clerk
				and recorder or a person designated by the department to issue certified copies
				on its behalf.
(4) "Certified copy"
				means a document copied or electronically extracted from a vital record filed
				with the department or from a duplicate copy of that record filed with a county
				clerk and recorder and that is printed on the department's security paper and
				contains an attestation by an official designated by the department that the
				document is a true and correct copy of the information contained in the
				original vital record.
(5)
				"Certifying official" means an individual authorized to issue a certified copy
				of a vital record by the department or a county clerk and recorder.
(6) "Department" means the Department of
				Public Health and Human Services, Office of Vital Statistics.
(7) "Filing date" means the date a vital
				record is accepted for registration by the department.
(8) "Literal format" means, in regard to a
				date, the name of the month spelled out, the numerical day of the month, and
				the numerical four-digit year, e.g., January 1, 1998.
(9) "Next of kin" means the spouse, parents,
				adult children, and adult brothers and sisters of a registrant and any other
				person declared next of kin by a court of competent jurisdiction.
(10) "Registrant" means an individual for
				whom a vital record is completed and filed, including, for example, the
				decedent on a death certificate, the person for whom a birth certificate is
				filed, the husband and wife on a divorce record, and the bride and groom on a
				marriage record.
(11) "Summary of
				evidence" means a number assigned to an affidavit, administrative order, or
				court order which is used to track the evidence provided to amend, correct, or
				reissue a vital record.
(12)
				"Supporting documentation" means any document required as evidence for the
				filing of a delayed vital record or for verification of changes to original
				data or adding missing data on a filed vital record..
AUTH:
					 50-15-102,
					 50-15-103,
					 MCA; IMP:
					 50-15-101,
					 50-15-103,
					 MCA; Sections 1 and 2, Chapter 332, L.
					 2021
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.1 - General › Rule 37.8.103 - LOCAL REGISTRAR DUTIES

Current through Register Vol. 13, July 5, 2024
(1) A local
				registrar accepting a paper vital record for filing shall add the filing date
				and sign a death, birth, fetal death, or stillborn certificate. The registrar
				shall forward the original document to the department and one duplicate to the
				county clerk and recorder as required by
				50-15-109,
				MCA.
(2) The local registrar shall
				retain one duplicate, which must be easily accessible for reference. The local
				registrar may not further copy or provide any copies of the retained
				duplicate.
(3) A registrar must
				retain for two years each copy of a paper certificate recorded in accordance
				with
				50-15-109, MCA.
				After two years, the local registrar shall destroy the triplicate copy of the
				certificates. The destruction of any certificate must be reported in writing to
				the department.
(4) Submission to
				and acceptance of an electronic image of a birth, death, or fetal death
				certificate by the department through the department's approved electronic
				registration system constitutes an official filing of a record. All certified
				paper copies generated from electronically filed records must be accepted as
				though they contain all required signatures.
(5) A paper filing occurs when the local
				registrar accepts the certificate. An electronic filing occurs when the record
				passes all validation checks and is assigned a state file number. If both a
				paper certificate and an electronic filing exist, the electronic filing is
				considered the original certificate and it must be filed first.
(6) When leaving the position of local
				registrar, the outgoing registrar must deliver all records, manuals, and
				materials to the succeeding registrar or to another person designated by the
				department.
50-15-102,
					 50-15-103,
					 MCA; IMP,
					 50-15-102,
					 50-15-103,
					 50-15-109,
					 50-15-124,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.1 - General › Rule 37.8.104 - AUTHORIZED FORMAT FOR SUBMISSION OF A VITAL RECORD

Current through Register Vol. 13, July 5, 2024
(1) All marriage license applications and
				birth, death, fetal death, and marriage certificates must be submitted on forms
				provided or authorized by the department.
(2) Each vital record application and
				certificate must be typed or plainly written in unfading black ink that is
				legible on all copies or must be completed using computer printers that produce
				dense and legible characters in black. The characters entered onto these forms
				must be adequate for high quality reproduction by microfilming or photocopying
				and may not contain any alterations or obliteration of the original
				data.
(3) If the preparation of a
				certificate or application is so poor as to make the reading of the form
				difficult or if the entries are not dark enough to reproduce satisfactorily,
				the registrar shall notify the person who submitted the certificate or
				application that it is unacceptable. The person who filed the certificate or
				application must prepare and file a new certificate or application within ten
				days after receipt of the notification.
50-15-102,
					 50-15-103,
					 MCA; IMP,
					 40-1-107,
					 50-15-102,
					 50-15-103,
					 50-15-121,
					 50-15-124,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.1 - General › Rule 37.8.105 - PRESERVATION OF OLD RECORDS

Current through Register Vol. 13, July 5, 2024
(1) Employees of
				the department, for purposes of making old or faded records suitable for
				microfilming or photocopying may:
(a) trace
				those parts of the record that are too dim to be microfilmed;
(b) retype the record on a separate form and
				microfilm the retyped copy; or
(c)
				copy the original vital record and trace those parts of the record that are too
				dim to be microfilmed.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.1 - General › Rule 37.8.106 - AMENDMENT OF VITAL RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-15-102,
					 50-15-103,
					 50-15-204,
					 50-15-223,
					 MCA; IMP,
					 50-15-102,
					 50-15-103,
					 50-15-204,
					 50-15-223,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.1 - General › Rule 37.8.107 - AMENDMENT OF VITAL RECORD

Current through Register Vol. 13, July 5, 2024
(1) Any requested
				or court ordered amendment to a filed birth or death record must be submitted
				in writing to the department. On receipt of a request or court order, the
				department may immediately notify the appropriate county clerk and recorder to
				suspend the issuance of the affected record until the department issues a
				letter of correction.
(2)
				Application for the amendment of marriage applications, licenses, certificates,
				or marital termination reports (which are not part of the decree) may be made
				by either party directly to the clerk of district court that issued the
				marriage license or has on file the marital termination orders. The clerk of
				district court will make the changes and forward a copy of the corrected
				document to the department.
(3)
				Except in those cases specified in (4) and (5), a vital record may only be
				amended by an order from a court with appropriate jurisdiction, the original
				data provider, or those persons authorized by
				50-15-121(1),
				MCA.
(4) The demographic
				information of a death record may be amended by the next of kin, the informant
				listed on the death certificate, the funeral director, or the person in charge
				of the final disposition of the body. If any information provided by the
				informant is disputed after the record has been filed, changes to the
				demographic data must be made pursuant to an order from a court with
				appropriate jurisdiction.
(5)
				Applications to amend the medical certification of cause of death must only be
				made by the physician who provided the medical certification, or a coroner or
				state medical examiner if the coroner or medical examiner assumed
				responsibility for the case. If the cause of death certification is disputed,
				changes to the cause of death certification must be made pursuant to an order
				from a court with appropriate jurisdiction.
(6) The department's supervisory staff may
				amend a vital record when the nature of the amendment is needed to protect the
				integrity, accuracy, and validity of the record.
(7) A court order that changes a vital record
				must indicate if an amended or substitute record is to be created. If the court
				order does not indicate a preference, the record will be amended.
(8) Except as provided in (5) and (6), any
				subsequent change to information previously amended under this rule requires an
				order from a court with appropriate jurisdiction.
AUTH:
					 50-15-102,
					 50-15-103,
					 50-15-204,
					 50-15-223,
					 MCA; IMP:
					 50-15-102,
					 50-15-103,
					 50-15-204,
					 50-15-223,
					 50-15-403,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.1 - General › Rule 37.8.108 - AMENDMENT PROCESS AND DOCUMENT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Except as noted
				in ARM 37.8.311, a filed original vital
				record must be amended by placing a line through the information to be deleted
				and typing the new information above the line. Electronic records must be
				amended by overlaying the new information on all electronic images of the
				record used for certified copies. If the change to the record is to add missing
				or blank information, the added information must be entered in the appropriate
				location.
(2) Any certified copy of
				a vital record issued in the state that was amended or corrected within the
				first year after filing will not be marked "AMENDED"; however, the summary
				evidence number and the date of the correction will be indicated. Any vital
				record amended one year or more after the event will be marked "AMENDED" and
				will contain the summary evidence number and the date the alterations
				occurred.
(3) The documentation
				that justifies the amendment of a vital record must be made available upon
				request to any person receiving a certified copy.
(4) In cases other than those cited in ARM
				37.8.311, the department may amend any portion of a vital record if a requestor
				submits a correction affidavit.
(a) The
				correction affidavit must include the following information:
(i) the name of the registrant or registrants
				appearing on the record;
(ii) the
				date and place of birth, birth resulting in a stillbirth, death, or fetal
				death;
(iii) the specific items on
				the record that are to be changed, including the information as presently shown
				and the proposed corrected information;
(iv) the relationship of the affiant to the
				registrant;
(v) certification by
				the affiant that all affected parties concur with the changes; and
(vi) supporting documentation provided by the
				affiant as irrefutable proof that the amendment(s) are correct.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.1 - General › Rule 37.8.109 - REGISTRAR'S MONTHLY STATEMENT OF CERTIFICATES FILED

Current through Register Vol. 13, July 5, 2024
(1) To facilitate and to ensure proper
				accounting, local registrars shall submit to the department, on a monthly,
				weekly, or biweekly basis, statements of the certificates that have been filed
				in the registrar's county. If submitted on a monthly basis, the local
				registrars shall submit the statements on or before the fifth day of each
				month. The statements must be recorded on forms supplied by the department, and
				must indicate the number of birth, death, and fetal death certificates filed in
				the registrar's county. If no certificates were filed, the statement must so
				indicate.
50-15-102,
					 50-15-103,
					 MCA; IMP,
					 50-15-102,
					 50-15-107,
					 50-15-109,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.1 - General › Rule 37.8.110 - PAYMENT OF FEES TO LOCAL REGISTRARS

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall certify to the treasurer of each county the number of births,
				deaths, and fetal deaths registered in such county, with the names of the local
				registrars, and the amounts due them. Such certifications must be made annually
				unless in the opinion of the department it is desirable to make them more
				often.
(2) Registrars are entitled
				to a payment of $1 per certificate or monthly report filed.
Sec.
					 50-15-102,
					 50-15-103
					 and
					 50-15-107,
					 MCA; IMP, Sec.
					 50-15-102
					 and
					 50-15-107,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.1 - General › Rule 37.8.116 - FEES FOR CERTIFICATION, FILE SEARCHES, AND OTHER VITAL RECORDS SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The fee for a certified copy (photocopy
				or computer-produced) of a birth certificate, a fetal death certificate, an
				acknowledgment of paternity, or a delayed birth registration is $12.
(2) The fee for a certified copy (photocopy
				or computer-produced) of a death certificate is $16 for each copy, including
				any additional certified copies requested at the same time as the first
				certified copy.
(3) The fee for an
				informational copy of a death certificate is $14 for each copy.
(4) The department will charge a fee of $10
				per name for a record search within any period of five years or less. If the
				record is not located, the fee will not be refunded. If the request is for more
				than five years, an additional fee of $1 per year over the first five years
				will be charged.
(5) The fee for
				providing record information for statistical or administrative purposes as
				allowed by law is $5 for each five-year period per name.
(6) The fee to process a finalized adoption
				or a rescission of an adoption is $25. A certified copy of the new certificate
				will be provided for a fee of $12.
(7) The fee to open a court ordered sealed
				file is $25.
(8) The fee for filing
				a delayed registration of a vital record is $25. A certified copy of the
				delayed certificate will be provided for a fee of $12.
(9) The fee for amending or correcting a
				vital record after one year from the date of filing is $15. A certified copy of
				the amended record will be provided to the person requesting the amendment or
				correction for a fee of $12.
(10)
				The fee for a search of the putative father registry is $10 per name. (11) The
				fee to provide electronic copies of index files is $50 per monthly update and
				$50 for an annual update.
(12) The
				fee for producing aggregate statistics is $50 per hour for programming and
				processing if that processing takes more than half an hour's work on existing
				programs.
(13) The fee for a
				disinterment permit is $5. The local registrar will collect the fee, $2 of
				which must be remitted to the department.
(14) Overpayment of a required fee received
				in the office of vital statistics will be refunded if in excess of $5, and any
				overpayment of less than $5 will be refunded, if the applicant requests it in
				writing within one year after the payment to the department.
AUTH:
					 50-15-102,
					 50-15-103,
					 50-15-111,
					 MCA; IMP:
					 42-2-218,
					 50-15-111,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.1 - General › Rule 37.8.126 - ACCESS TO RECORDS

Current through Register Vol. 13, July 5, 2024
(1) Anyone who
				submits a completed state-approved application must provide proof of
				identification before obtaining a certified or noncertified copy of a vital
				record.
(2) If a death certificate
				lists the cause of death as "pending ," a certified or noncertified copy will
				be issued that has the cause of death information removed.
(3) The following people may obtain a
				certified copy of a birth record:
(a) a
				registrant, upon establishing the registrant's identity to the satisfaction of
				the certifying official;
(b) a
				spouse, child, or parent of a registrant to whom the requested record pertains,
				upon establishing identification and relationship to the registrant to the
				satisfaction of the certifying official;
(c) a grandparent whose child is listed as a
				parent on the grandchild's birth certificate upon establishing identification
				and relationship to the satisfaction of the certifying official;
(d) a caretaker relative providing a medical
				authorization affidavit issued under
				40-6-501
				and
				40-6-502,
				MCA, or an educational authorization affidavit issued under 20-50-503,
				MCA;
(e) an individual having legal
				guardianship of the registrant, upon submitting a copy of a legal document
				showing proof of the guardianship;
(f) an individual who needs a certified copy
				to protect his or her personal or property rights, upon submitting a notarized
				or certified document that states that the applicant is required to obtain a
				certified copy in order to protect the applicant's personal or property rights;
				or
(g) an authorized representative
				of the registrant, or an authorized representative of the spouse, child,
				parent, or legal guardian of a registrant, upon establishing their identity to
				the satisfaction of the certifying official.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.1 - General › Rule 37.8.127 - APPLICATION FOR COPY OF VITAL RECORD

Current through Register Vol. 13, July 5, 2024
(1) Each
				application for a certified copy of a vital record should be on a
				department-approved application form. Written applications not using the
				department-approved application form must contain the applicant's name,
				signature, address, and the purpose for which the certified copy is needed. All
				applications must include either a copy of the requestor's valid
				identification, or the requestor's signature on the application must be
				notarized.
(2) For a certified or
				noncertified copy of a birth record, in addition to the requirements of (1),
				the request must include:
(a) the
				registrant's full name and date of birth;
(b) the place (town or rural location, and
				county) of birth;
(c) the mother's
				full maiden name (first, middle, and last);
(d) the father's full name, if available;
				and
(e) the applicant's
				relationship to the registrant.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.1 - General › Rule 37.8.128 - CONTENTS OF CERTIFIED AND NON-CERTIFIED COPIES

Current through Register Vol. 13, July 5, 2024
(1) Each certified copy of a vital record
				issued in Montana must include:
(a) the date
				the copy is issued;
(b) the name of
				the authorized certifier;
(c) the
				signature of the authorized certifier or a facsimile approved by the certifier;
				and
(d) the seal (raised or
				embossed) of the issuing agency or office.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.1 - General › Rule 37.8.129 - FORMAT AND PAPER REQUIREMENTS FOR CERTIFIED COPIES

Current through Register Vol. 13, July 5, 2024
(1) With the exception noted in (2), all
				certified copies of birth, death, and fetal death records must be issued on
				paper that contains the following security features:
(a) sensitized security paper;
(b) background security design;
(c) copy-void pantograph;
(d) consecutive numbering;
(e) prismatic printing;
(f) complex colors;
(g) watermark;
(h) intaglio border; and
(i) embossed hologram.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.3 - Birth › Rule 37.8.301 - CERTIFICATE OF BIRTH

Current through Register Vol. 13, July 5, 2024
(1) A certificate
				of birth for every child born in Montana must be completed and filed within ten
				calendar days after the date of birth.
(2) If a birth occurs in a health care
				facility, the certificate must be filed by the attending physician, physician's
				designee, the person in charge of the health care facility, or the designee of
				that person.
(3) If a birth occurs
				en route to a health care facility, the person in charge of the health care
				facility or that person's designee must prepare and file the birth certificate
				in accordance with
				50-15-221(3),
				MCA.
(4) With the exception of a
				birth that occurs en route to a health care facility, if a birth occurs
				somewhere other than in a health care facility, a birth certificate must be
				prepared and filed by the person indicated by
				50-15-221(4),
				MCA, along with a signed and notarized affidavit stating:
(a) the state and county of the
				birth;
(b) the name of the person
				or persons, if any, in attendance at the birth;
(c) the child's given names and surname, sex,
				hour, date, and place of birth; and
(d) the father's full name, if available, and
				the mother's full maiden name.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.3 - Birth › Rule 37.8.302 - PARENTAL REVIEW OF BIRTH CERTIFICATE INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Before a mother who recently gave birth
				in or en route to a health care facility leaves the facility in which the birth
				occurred, the health care facility administrator or the administrator's
				authorized designee shall present a completed birth certificate to a parent of
				the child so they may verify the information contained in the birth
				certificate. When the parent agrees that the information is correct, the parent
				shall sign the certificate after the words "I certify that the personal
				information provided on this certificate is correct to the best of my knowledge
				and belief." If the information is not correct, the birth certificate must be
				redone with the correct information and presented again to the parent for
				signature.
(2) A parent's
				informational copy (not a certified copy) of the birth certificate must be
				given to the parent at the time he or she signs the certificate.
(3) If a birth occurs outside of a health
				care facility, the person responsible for certifying the live birth and filing
				the birth certificate under the provisions of
				50-15-221(4),
				MCA, must fulfill the same duties as those specified in (1) and (2) for a
				health care facility administrator.
Sec.
					 50-15-102,
					 MCA; IMP, Sec.
					 50-15-102,
					 50-15-103,
					 50-15-108,
					 50-15-109
					 and
					 50-15-221,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.3 - Birth › Rule 37.8.303 - DELAYED BIRTH CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(1) Any person born
				in the state of Montana whose birth was not properly recorded within one year
				after the birth may file and receive a delayed birth certificate if the
				requirements of this rule are met.
(2) The birth must be filed on a Montana
				delayed birth registration form available from the department.
(3) The person filing the form must submit to
				the department documents proving the applicant's name, the date and place of
				birth and the applicant's parents' names. Documentation of the name of the
				applicant and the date and place of birth must be supported by at least the
				following:
(a) if the record is filed within
				five years after the date of birth, either a health care facility record
				created at the time of birth and two pieces of documentary evidence meeting the
				requirements of (4) or, if a health care facility record is not available,
				three pieces of such documentary evidence; or
(b) if the record is filed five years or more
				after the date of birth, three pieces of documentary evidence meeting the
				requirements of (5).
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.3 - Birth › Rule 37.8.306 - CERTIFICATE OF NONVIABLE BIRTH

Current through Register Vol. 13, July 5, 2024
(1) Upon
				request by either parent made in accordance with the requirements of
				50-15-209, MCA, and this rule, the
				department will issue a certificate of nonviable birth.
(2) All requests for issuance of a
				certificate of nonviable birth must be made by completing the department's
				Application for Certificate of Nonviable Birth (version 1.0) form, which the
				department adopts and incorporates by reference. The form is available
				electronically at
www.dphhs.mt.gov/vitalrecords/vitalrecordsforms
or by contacting the Office of Vital Records at P.O. Box 4210, Helena, MT,
				59604, 406-444-2685.
AUTH:
					 50-15-209, MCA; IMP:
					 50-15-209,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.3 - Birth › Rule 37.8.307 - CERTIFICATE OF BIRTH RESULTING IN A STILLBIRTH

Current through Register Vol. 13, July 5, 2024
(1) Upon request by either parent, a
				certificate of birth resulting in a stillbirth must be filed within ten
				calendar days after the date of the delivery or the date the certificate was
				requested to be filed. If the delivery meets the definition of a stillbirth as
				defined in
				50-15-101,
				MCA, the person in charge of the final disposition of the fetus must file a
				properly completed Montana Certificate of Fetal Death.
(2) If a stillbirth delivery occurs in
				Montana and a certificate of fetal death has not been filed, additional
				evidence must be provided to support the facts of the pregnancy, that the
				delivery resulted in a stillbirth, and that the delivery occurred within this
				state.
(3) Acceptable examples of
				evidence of pregnancy include the following:
(a) prenatal record;
(b) a statement from a physician or other
				health care provider qualified to determine pregnancy;
(c) a report of a home visit by a public
				health nurse or other health care provider that indicates that the mother was
				pregnant at the time of the visit; or
(d) other evidence acceptable by the
				department.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.3 - Birth › Rule 37.8.309 - CHILDREN BORN OUT OF WEDLOCK, CERTIFICATE FOR (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-15-102,
					 MCA; IMP, Sec.
					 50-15-103
					 and
					 50-15-109,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.3 - Birth › Rule 37.8.310 - ADOPTION

Current through Register Vol. 13, July 5, 2024
(1) A certificate of adoption must include
				the following information:
(a) the child's
				name (before adoption), sex, date and place of birth, and names of natural
				parents;
(b) name, date and place
				of birth and residence of adoptive parents at the time of the child's
				adoption;
(c) the name of the child
				as set forth in the adoption decree;
(d) name and address of the attorney or
				agency handling the adoption;
(e)
				if this is a stepparent adoption or single parent adoption, indication of that
				fact; and
(f) certification by the
				clerk of a district court.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.3 - Birth › Rule 37.8.311 - ADOPTIONS, NAME CHANGES, AND SEX CHANGES

Current through Register Vol. 13, July 5, 2024
(1) The department will replace the original
				birth certificate with a new one without indicating that the information was
				amended in cases of adoption, a determination of paternity, an acknowledgment
				of paternity, or legitimation.
(2)
				In order to establish the replacement certificate, the department must be
				provided with the following:
(a) For an
				adoption:
(i) a certified copy of the
				certificate of adoption; and
(ii) a
				certified copy of the final order of adoption.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.6 - Marriage › Rule 37.8.601 - MARRIAGE APPLICATIONS AND LICENSES

Current through Register Vol. 13, July 5, 2024
(1)
				In addition to the information required by
				40-1-107,
				MCA, the marriage license application form must contain the following
				information, which must be reported to the department:
(a) the names and places of birth of the
				parents of each party;
(b) the date
				and place of the marriage, the name of the officiant, and whether it will be a
				religious or civil ceremony.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.6 - Marriage › Rule 37.8.602 - REPORT OF DISSOLUTION OR INVALIDITY OF MARRIAGE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-15-102,
					 MCA; IMP, Sec.
					 50-15-103,
					 50-15-302
					 and
					 50-15-303,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.8 - Death › Rule 37.8.801 - DEATH CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(1) A certificate
				of death for each death that occurs in Montana must be completed and filed
				using either a current Montana certificate of death form or Montana's
				Electronic Death Registration System.
(2) Death certificate forms may be obtained
				from the department or printed using commercial computer software that produces
				the approved form.
(3) The person
				in charge of the final disposition of the dead body must present the death
				certificate to the physician, advanced practice registered nurse, or coroner
				for cause of death certification within three working days after being notified
				of the death or receiving the authorization for removal, transportation, and
				final disposition of a dead body, which ever occurs first.
(4) The certifying physician, advanced
				practice registered nurse, or coroner must complete and return the death
				certificate to the person in charge of the final disposition of the body within
				48 hours of receipt. If the cause of death certification is pending results,
				then the cause of death must be listed as "pending." When the final results are
				received, they must be sent to the department using a correction
				affidavit.
(5) The certifying
				physician, advanced practice registered nurse, or coroner may only certify and
				amend the date of death, time of death, place of death, or cause of death data.
				A certifying physician, advanced practice registered nurse, or coroner aware of
				errors in the demographic data must notify the person in charge of final
				disposition of the body of any errors.
(6) For the purpose of the death certificate,
				any professional registered nurse licensed by the state of Montana may provide
				pronouncement of death information.
(7) The person in charge of final disposition
				of a body may only certify the demographic data on the death certificate. The
				person in charge of final disposition of a body aware of errors in the cause of
				death data must notify the certifying physician or coroner of the error.
(8) Within ten calendar days after
				the date of the death or the date it was first discovered, the person in charge
				of final disposition of a body must file a properly completed death certificate
				with the local registrar of the county where the death occurred.
AUTH:
					 50-15-102,
					 50-15-103,
					 50-15-403,
					 MCA; IMP:
					 50-15-109,
					 50-15-124,
					 50-15-403,
					 50-15-405,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.8 - Death › Rule 37.8.802 - FETAL DEATH CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(1) A fetal death
				certificate must be completed and filed as specified in
				50-15-403,
				MCA, using a Montana certificate of fetal death form.
(2) Fetal death certificate forms must be
				obtained from the department.
(3)
				The person in charge of the final disposition of the body of a fetus must
				present the fetal death certificate to the physician, advanced practice
				registered nurse, or coroner for cause of death certification within three
				working days after being notified of the death or receiving the authorization
				for removal, transportation, and final disposition of a dead body, whichever
				occurs first.
(4) The certifying
				physician, advanced practice registered nurse, or coroner must complete and
				return the fetal death certificate to the person in charge of final disposition
				of the fetal body within 48 hours after receiving the certificate. If the cause
				of fetal death is pending , then the cause of death on the certificate must be
				listed as "pending ." When the final results are received, they must be sent to
				the department using a correction affidavit.
(5) The certifying physician, advanced
				practice registered nurse, or coroner may only certify and amend the date,
				hour, and place of delivery; cause of death data; or medical and health
				information on a fetal death certificate. A certifying physician, advanced
				practice registered nurse, or coroner who is aware of any error in the
				demographic data must notify the person in charge of final disposition of the
				body of the fetus of the error.
(6) The person in charge of final disposition
				of the body of a fetus may only certify the demographic data on the fetal death
				certificate. The person in charge of final disposition of the body of a fetus
				who is aware of an error in the cause of death data must notify the certifying
				physician, advanced practice registered nurse, or coroner of the error.
(7) Within 10 calendar days after
				the date of the fetal death or the date it was first discovered, the person in
				charge of final disposition of the body of the fetus must file a properly
				completed fetal death certificate with the local registrar of the county where
				the death occurred.
AUTH:
					 50-15-102,
					 50-15-124,
					 MCA; IMP:
					 50-15-102,
					 50-15-109,
					 50-15-124,
					 50-15-403,
					 50-15-405,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.8 - Death › Rule 37.8.803 - NOTIFICATION OF HEALTH OFFICERS BY REGISTRAR, WHEN

Current through Register Vol. 13, July 5, 2024
(1) In the case of death from a dangerous,
				communicable disease occurring in a registration district in which the local
				registrar has no jurisdiction as health officer, the registrar shall
				immediately notify the health officer having jurisdiction of the name and
				address of the deceased person and the name of the physician who attended the
				same, so that all precautions regarding quarantine, isolation, conduct of
				public funerals and disinfection of premises as required by the public health
				law and regulations of the department may be properly observed.
(2) The provisions of (1) apply in the case
				of deaths from the diseases listed in ARM
				37.114.203.
(3) Persons in charge of interment are
				responsible for the strict observance of the regulations of the department
				relative to the burial of bodies dead of communicable diseases.
Sec.
					 50-1-202,
					 MCA; IMP, Sec.
					 50-1-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.8 - Death › Rule 37.8.804 - COURT ORDERED FILING OF BIRTH OR DEATH CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(1) Only a Montana district court with
				appropriate jurisdiction may order a birth or a death certificate be filed for
				a birth or a death that occurred within Montana.
(2) A local registrar may not complete a
				court ordered birth certificate. The court order must be submitted directly to
				the department, whereupon a certificate will be prepared and placed on
				file.
(3) A local registrar may not
				complete a court ordered death certificate. The court order must be submitted
				directly to the local coroner, who will prepare and file the certificate with
				the department.
(4) When a court
				order from a Montana district court with appropriate jurisdiction directs the
				preparation and filing of a birth certificate, the information necessary to
				complete the certificate must be specified in the order.
(5) When a death is legally presumed but not
				confirmed, as in the case where the body has not been found, a death
				certificate may be filed only by the order of a Montana district court with
				appropriate jurisdiction directing the local coroner to prepare and file a
				death certificate with the department and specifying the information necessary
				to complete the certificate.
50-15-102,
					 50-15-103,
					 MCA; IMP,
					 50-15-204,
					 50-15-404,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.8 - Death › Rule 37.8.808 - DEAD BODY REMOVAL AUTHORIZATION

Current through Register Vol. 13, July 5, 2024
(1) A
				completed dead body removal authorization form must include, as a minimum:
(a) insofar as possible, the decedent's full
				name or, in the case of a fetal death, the full name of the mother;
(b) the place of death, including city,
				county, name and address of facility if applicable, address of a place which is
				not a named facility or the specific geographic location if an address does not
				exist;
(c) the date death occurred
				or was first discovered or date of delivery if a fetal death;
(d) a signed and dated authorization
				statement along with, if applicable, a signed and dated certification of oral
				authorization;
(e) a signed and
				dated statement of assumption of responsibility for filing the death or fetal
				death certificate; and
(f) social
				security number of the decedent.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.8 - Death › Rule 37.8.809 - NOTIFICATION OF FAILURE TO FILE

Current through Register Vol. 13, July 5, 2024
(1) A local
				registrar must immediately notify the department, orally or in writing,
				whenever:
(a) the registrar has received a
				completed dead body removal authorization form for a decedent but does not
				receive a death or fetal death certificate, whichever is appropriate, for the
				same decedent within 10 days after the death occurred or was
				discovered.
(b) the registrar has
				received a death or fetal death certificate for a decedent but has not received
				a dead body removal authorization form for that same decedent.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.8 - RECORDS AND STATISTICS › Subchapter 37.8.8 - Death › Rule 37.8.816 - DISINTERMENT PERMITS

Current through Register Vol. 13, July 5, 2024
(1) A disinterment
				permit must be completed and filed using a department disinterment permit
				form.
(2) Disinterment permit forms
				are available from the local registrar and will be provided to the registrar by
				the department.
(3) The request for
				disinterment must be made by the decedent's next of kin, by an order from a
				Montana district court with appropriate jurisdiction, or by a public official
				authorized by law to make such a request. The endorsement on the permit must
				indicate the source of authority for the request and reasonable cause for the
				disinterment. If there is a dispute about a disinterment, and all affected
				parties do not concur, an order from a Montana district court with appropriate
				jurisdiction directing the disinterment is required.
(4) The permit consists of five copies that
				must be distributed as follows:
(a) The
				original copy must accompany the body for use by the receiving cemetery or
				crematory.
(b) A copy must be
				retained by the cemetery where the disinterment occurs, by the applicant to
				whom the permit is issued, and by the local registrar.
(c) A copy must be sent to the
				department.