Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-5 - Vital Statistics › Section 3701-5-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A) "Live birth means the complete expulsion
			 or extraction from its mother of a product of human conception, that 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.
(B) "Fetal
			 death" means death prior to the complete expulsion or extraction from its
			 mother of a product of human conception, of at least twenty weeks of gestation,
			 which, after such expulsion or extraction does not breathe or show any other
			 evidence of life such as breathing of the heart, pulsation of the umbilical
			 cord, or definite movement of voluntary muscles.
(C) "Dead body" means a human body or part of
			 a human body from the condition of which it reasonably may be concluded that
			 death occurred.
(D) "Physician"
			 means a person licensed pursuant to Chapter 4731. of the Revised Code to
			 practice medicine or surgery or osteopathic medicine and surgery.
(E) "Attending physician" means the physician
			 in charge of the patient's care for the illness or condition that resulted in
			 death.
(F) "Institution" means any
			 establishment, public or private, that provides medical, surgical, or
			 diagnostic care or treatment, or domiciliary care, to two or more unrelated
			 individuals, or to persons committed by law.
(G) "Funeral director" means the business or
			 profession of directing or supervising funerals for profit, the business or
			 profession of preparing dead human bodies for burial by means other than
			 embalming, the disposition of dead human bodies, the provision or maintenance
			 of a place for the preparation, the care, or disposition of dead human bodies,
			 the use in connection with a business of the term "funeral director,
			 "undertaker," "mortician," or any other term from which can be implied the
			 business of funeral directing, or the holding out to the public that one is a
			 funeral director or a disposer of dead human bodies.
(H) "Registration district" means a city or
			 county health district created by section
			 3709.01 of the Revised Code. The
			 director of health may combine two or more primary registration districts, or
			 may establish any state hospital, or other public institution, as a primary
			 registration district.
(I) "State
			 registrar" means the head of the 
								bureau of vital statistics in the department of
			 health.
(J) "Local registrar" means
			 the head of a primary registration district.
(K) "Deputy registrar" means an individual
			 appointed by the local registrar, with the approval of the director, under
			 section 3705.05, of the Revised Code. In
			 the case of the absence, illness, or disability of the local registrar, the
			 deputy registrar acts in his or her place.
(L) "Sub-registrar" means a person appointed
			 by a local registrar for the purpose of approving
			 permits for the disposition of remains
								, as provided in section
			 3705.17 of the Revised
			 Code.
(M) "Final disposition" means
			 the burial, cremation, entombment, removal from the state, donation, or other
			 authorized disposition of a dead body or a fetus.
(N)
			 "Cremation" means the reduction to ashes of a dead body.
(O) "System of vital statistics means the
			 registration, collection, preservation, amendment, and certification of vital
			 records, the collection of other reports required by Chapter 3705. of the
			 Revised Code and activities related thereto.
(P) "Vital records" means certificates or
			 reports of birth, death, fetal death, or abstracts of
			  marriage, divorce, dissolution , and annulment, and data
			 related thereto and other documents maintained as required by
			 statute.
(Q) "File" means the
			 presentation of vital records to the local registrar.
(R)
								"Registration" means the acceptance by the
			 
								bureau
			 of vital statistics and the incorporation of vital records into its official
			 records.
(S) "Birth record" means a
			 birth certificate that has been registered with the office of vital statistics;
			 or, if registered prior to the effective date of this section, with the
			 division of vital statistics; or, if registered prior to the establishment of
			 the division of vital statistics, with the department of health or a local
			 registrar.
(T) "Certification of
			 birth" means a document issued by the director of health or state registrar or
			 a local registrar under division (B) of section
			 3705.23 of the Revised
			 Code.
(U) "Director" means the
			 director of health.
(V) "Physician
			 in attendance" means the physician who was in attendance at or immediately
			 after the birth of the child or, the physician who is the chief or head of the
			 department or section of obstetrics in the institution.
(W) "Governmental use only certificate" means
			 a vital record issued to a local, state or federal government agency for use in
			 official government business. The governmental use only certificate will be a
			 plain paper copy issued free of charge and will be marked as a governmental use
			 only certificate. A certified copy of a governmental use only certificate will
			 be issued free of charge upon issuance of a court ordered subpoena for a vital
			 record.
(X) "Stillbirth
			 certificate" means a certificate recognizing the fetal death of an infant at
			 any age of gestation. The director or state registrar shall issue a stillbirth
			 certificate upon receipt of a application signed by either parent. The
			 certificate shall contain the name of the infant, sex of the infant, and date
			 of delivery and place of delivery. The director,
								 state registrar, or local registrar shall charge no fee for the
			 certificate. A certificate recognizing the delivery of a stillborn infant is
			 not proof of a live birth for purposes of federal, state and local
			 taxes.
(Y)
								
			 "Delayed birth" means any birth that happens in an institution, that is not
			 registered within seven years of date of birth, or is not registered within one
			 year, if the birth occurs out of institution.
Effective: 7/3/2016
Five Year Review
				(FYR) Dates: 04/11/2016 and
				04/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3705.02
Rule
				Amplifies: 3705;01, 3705.02,
				3705.03,
				3705.04,
				3705.05,
				3705.06,
				3705.07,
				3705.071,
				3705.08,
				3705.09,
				3705.091,
				3705.10,
				3705.11,
				3705.12,
				3705.13,
				3705.14,
				3705.15,
				3705.16,
				3705.17,
				3705.18,
				3705.19,
				3705.20,
				3705.21,
				3705.22,
				3705.23,
				3705.24,
				3705.241,
				3705.242,
				3705.25,
				3705.26,
				3705.27,
				3705.28,
				3705.29,
				3705.30,
				3705.31,
				3705.32,
				3705.33,
				3705.35,
				3705.36,
				3705.99
Prior
				Effective Dates: 1/1/1960, 6/1/66, 12/1/74, 11/20/94, 5/3/97,
				12/1/05