Chapter 3701-5 Vital Statistics
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 recently 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 office 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 accepting death certificates, fetal death certificates or provisional death certificates for filing and for issuing burial permits, 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, marriage, divorce, dissolution of marriage, 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 office 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 or the state 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.
R.C. 119.032 review dates: 09/01/2010 and 08/15/2015
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, 305.23, 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, 2/1/05
(A) The following forms, as set forth in the designated appendices to this rule, are prescribed for use in the system of vital statistics. Notwithstanding the requirement that the forms set forth below be used in the system of vital statistics, a mother's name and address and a father's name are not required to be entered on a fetal death certificate.;
(1) Certificate of live birth (appendix A);
(2) Certificate of death (appendix B);
(3) Certificate of fetal death (appendix C);
(4) Provisional death certificate (appendix D);
(5) Supplementary medical information (appendix E);
(6) Certificate of service (appendix F);
(7) Burial-transit permit (appendix G);
(8) Certificate of adoption (appendix H);
(9) Affidavit requesting new birth certificate for adopted child (appendix I);
(10) Certified abstract of marriage (appendix J);
(11) Certified abstract of divorce, annulment, or dissolution (appendix K);
(12) Determination of paternity (appendix L);
(13) Affidavit for correction of birth, death or fetal death record (appendix M);
(14) Application, finding, and order for correction of birth record (appendix N);
(15) Supplemental report of given name of child (appendix O);
(16) Finding and order establishing registration of birth (appendix P);
(17) Application, finding, and order for registration (appendix Q);
(18) Affidavit for adopted person requesting information (appendix R);
(19) Authorization to release information about biological parent (appendix S);
(20) Authorization to release information about biological sibling (appendix T);
(21) Withdrawal of authority to release information about biological parent (appendix U);
(22) Withdrawal of authority to release information about biological sibling (appendix V);
(23) Disclosure statement for medical and health information (appendix W);
(24) Application for certified copy of birth or death certificate or paternity affidavit (appendix X);
(25) Application for certificate of public record (appendix Y);
(26) Denial of release for birth parent (appendix Z);
(27) Authorization for release form for birth parent (appendix AA);
(28) Request for assistance by adopted person (appendix BB);
(29) Rescission of request for assistance by adopted person (appendix CC);
(30) Certification of birth (appendix DD);
(31) Certification of stillbirth certificate (appendix EE);
(B) To be registered, each vital record that is required to be filed under Chapter 3705. of the Revised Code shall comply with all of the following requirements, except as otherwise provided in that chapter:
(1) The record shall be prepared in a form approved or prescribed and distributed by the director;
(2) The record shall be prepared and completed in accordance with the written instructions prescribed and distributed by the director;
(3) The record shall contain all items of information requested thereon. If any such items are omitted, the person responsible for completion of the record shall satisfactorily account for their omission;
(4) The record shall contain, in type or legible print, the certifier's name under his or her signature; and
(5) All signatures required on the record shall be handwritten in black ink or by an electronic signature.
(C) All forms, certificates, and reports used in the system of vital statistics are the property of the Ohio department of health and shall be surrendered to the state registrar upon demand. The forms prescribed and distributed by the director for reporting vital statistics shall be used only for official purposes. Only those forms furnished or approved by the director shall be used in the reporting of vital statistics or in making copies thereof.
R.C. 119.032 review dates: 09/02/2010 and 08/15/2015
Promulgated Under: 119.03
Statutory Authority: 3705.02
Rule Amplifies: 3705.08, 3107.45, 3107.47, 3107.48
Prior Effective Dates: 11/20/1994, 5/3/97, 12/1/05
The fee for a certified copy of a vital record or a certification of birth issued by the office of vital statistics shall be twelve dollars plus any fees required by division (B) of section 3705.24 of the Revised Code, section 3705.242 of the Revised Code and section 3109.14 of the Revised Code.
R.C. 119.032 review dates: 08/23/2010 and 08/15/2015
Promulgated Under: 119.03
Statutory Authority: 3705.24
Rule Amplifies: 3705.24
Prior Effective Dates: 12/2/1991, 11/15/99, 12/1/05
(A) Any birth certificate submitted for filing eleven or more days after the birth occurred constitutes a delayed birth registration. All such certificates of birth shall be filed with the local registrar who, at the time the certificate is filed, has jurisdiction over the registration district where the birth occurred. An out of institution birth certificate submitted for filing eleven or more days after the birth occurred shall be registered if it meets the requirements of paragraph (B) of this rule and the requirements of rule 3701-5-16 of the Administrative Code.
(B) A certificate of birth filed within one year after the birth occurred shall be registered if it meets the requirements of paragraph (E) of this rule and the following requirements, as applicable:
(1) If the birth was attended by a physician, the certificate of birth contains the physician's signature and date; or
(2) If the birth was not attended by a physician, or was attended by a physician who is deceased, the certificate of birth is supported by an affidavit of an individual, other than one of the child's parents, who has knowledge that the birth occurred at the time and place indicated on the certificate of birth. An affidavit required by this paragraph shall affirm that the birth occurred at the time and place indicated on the certificate.
(C) A certificate of birth filed more than one year but not more than seven years after the birth occurred shall be registered if it meets the requirements of paragraph (E) of this rule and the following requirements, as applicable:
(1) If the birth was attended by a physician, the local registrar shall submit the certificate to the office of vital statistics with a written request that the office search the state files to determine whether or not an original certificate of birth was filed at the time of birth. The local registrar shall register the certificate of birth if the office of vital statistics determines that no original certificate of birth was registered and the state registrar approves the registration; or
(2) If the birth was not attended by a physician, or if the birth was attended by a physician but the physician is deceased, the birth shall be established through the probate court in accordance with section 3705.15 of the Revised Code.
(D) The birth of any person whose birth was not registered within seven years after the birth occurred or whose birth record has been lost or destroyed, shall be registered upon receipt of an order from a probate court, issued pursuant to section 3705.15 of the Revised Code, ordering registration of the birth.
(E) In addition to the applicable requirements of paragraphs (B) to (C) of this rule, a delayed birth certificate, to be registered, shall meet all of the following requirements:
(1) The certificate shall be accompanied by all social security numbers that have been issued to the parents of the child, unless the office of child support in the Ohio department of job and family services, acting in accordance with regulations prescribed under the Family Support Act of 1988, 102 Stat. 2353, 42 U.S.C. 405 , as amended, finds good cause for not requiring that the numbers be furnished with the certificate;
(2) The parents' social security numbers shall not be recorded on the certificate;
(3) The local registrar of vital statistics shall transmit the social security numbers to the state office of vital statistics in accordance with section 3705.07 of the Revised Code; and
(4) No social security number obtained under this section shall be used for any purpose other than child support enforcement.
(A) The local registrar, with the approval of the director, may appoint one or more sub-registrars for the registration district. A sub-registrar shall not be located within nine miles from a local registrar. Sub-registrars may accept certificates of death, fetal death certificates, and provisional certificates of death for filing at the local registrar and may issue burial permits.
(B) Each sub-registrar shall note over his or her signature the date on which each certificate is filed and shall forward the certificate for registration to the local registrar of the district in which the death or fetal death occurred within twenty-four hours after receiving the certificate.
(A) The medical certificate of death shall be completed and signed by the physician who attended the deceased or by the coroner within forty-eight hours after death. When the medical certification as to the cause of death cannot be provided by the attending physician or coroner prior to burial, for sufficient cause, as specified in paragraph (B) of this rule, the funeral director may file a provisional death certificate with the local registrar or sub-registrar for the purpose of securing a burial or burial-transit permit. When the funeral director files a provisional death certificate to secure a burial or burial-transit permit, the funeral director shall file a satisfactory and complete death certificate within five days after the date of death.
(B) The following circumstances shall constitute sufficient cause why the medical certification cannot be provided prior to burial, therby authorizing filing a provisional certificate of death or fetal death to secure a burial permit under section 3705.17 of the Revised Code.
(1) The physician or coroner is unavilable to sign the certificate of death or fetal death because of illness or absence from the community;
(2) The results of an autopsy or chemical or biological examination are pending;
(3) The certificate of death or fetal death has been provided or coroner but has not been signed.
When the results of a coroner's investigation or a medical examination to determine the cause of death are not known within five days from the date of death, the coroner or attending physician, as applicable, shall sign the certificate of death, enter "cause of death pending" in the medical portion, and return the certificate to the funeral director or other person in charge of final disposition. The funeral director or other person shall immediately file the certificate of death or fetal death certificate with the local registrar, or sub-registrar. When the cause of death has been determined, the coroner or attending physician, as applicable shall complete the supplementary medical report form prescribed and provided by the director. The coroner or physician shall file the form with the local registrar or sub-registrar as an addendum to the previously filed certificate of death no later than six months after the date of death.
(A) When the funeral director files a provisional death certificate to secure a burial or burial-transit permit, such funeral director shall file a satisfactory and complete death certificate within five working days after the date of death.
(B) If a satisfactory and complete certificate of death or fetal death is not filed within five days after date of death or fetal death, the local registrar shall investigate the matter to determine the cause of delay. After investigation, if a satisfactory and complete certificate of death is not filed with the local registrar within a reasonable period of time, the local registrar shall report the matter to the office of vital statistics. The office then shall attempt to secure the filing of the certificate.
R.C. 119.032 review dates: 09/01/2010 and 08/15/2015
Promulgated Under: 119.03
Statutory Authority: 3705.02, 3705.17
Rule Amplifies: 3705.17, 3705.20
Prior Effective Dates: 1/1/1960, 6/1/66, 12/13/76, 11/20/94
The burial permit fee required by section 3705.17 of the Revised Code shall be waived when the funeral director or other person in charge of the final disposition of the remains provides a signed statement to the sub-registrar or local registrar. The statement must indicate which agency or instrumentality of the united states, state or state agency, or political subdivision of the state paid for the total cost of the burial.
(A) When carrying out the birth and death record matching program authorized by section 3705.27 of the Revised Code, the state registrar shall establish that a match exists by comparing specific information on the certificates of birth and death. The items for comparison shall include, at minimum, the following:
(1) The name of the decedent;
(2) The name of the decedent's father or maiden name of the decedent's mother;
(3) The date of birth or age of decedent; and
(4) The state of birth of decedent.
No match shall be determined to exist unless there is a death certificate.
(B) The date of death and the state where death occurred, or in the case of an Ohio death, the death certificate number, shall be affixed to the birth record.
The director shall preserve all vital records filed with the office of vital statistics in accordance with Chapter 3705. of the Revised Code by maintaining the original or a typewritten, photographic, electronic, or other reproduction of the vital record in the office of vital statistics. When one hundred twenty-five years have elapsed after the date of birth or fifty years have elapsed after the date of death, fetal death (stillbirth), marriage, divorce, dissolution, or annulment, the director may transfer the certificate of birth, death, or fetal death, or abstract of marriage, divorce, dissolution of marriage, or annulment into the custody of the Ohio historical society. Provisional certificates of death and fetal death shall be used by the division only for auditing and law enforcement purposes and may be destroyed after one year. The director shall maintain an index to these records for reference and verification at the office of vital statistics.
R.C. 119.032 review dates: 09/01/2010 and 08/15/2015
Promulgated Under: 119.03
Statutory Authority: 3705.02
Rule Amplifies: 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, 305.23, 3705.24, 3705.241, 3705.242, 3705.25, 3705.26, 3705.27, 3705.28, 3705.29, 3705.99
Prior Effective Dates: 11/20/1994
(A) The state registrar or the local registrar may disclose data from vital statistics records including data from the "information for medical and health use only" to any governmental agency or political subdivision which request the data for statistical or research purposes in the course of their official duties.
(B) The state registrar may permit the release of data from the "information for medical and health use only" section of a birth record for statistical or research purposes. No data shall be furnished from records for statistical or research purposes until the state registrar has received an agreement signed by a responsible agent of the research organization agreeing to conform to the following release conditions:
(1) Research protocol must be submitted to the state registrar for review and approval;
(2) The release agreement must state that vital statistics information received will not become part of any permanent record in the institution or organization;
(3) The release agreement must state that vital statistics information will be kept confidential and will not be provided to another individual, agency, or organization;
(4) Copies of survey letters and/or questionnaires must be submitted for approval when used in conjunction with vital statistics information;
(5) If applicable, copies of human subject review board/committee approval from institution or other organization must be submitted;
(6) Any other conditions deemed necessary by the director to protect the confidentiality of the "information for medical and health use only" section of the certificate of birth.
The fee for an heirloom birth certificate shall be twenty-five dollars of which ten dollars shall be used for the purposes specified by the family and children first council pursuant to section 121.37 of the Revised Code and including the fee required by section 3109.14 of the Revised Code, The director may reduce the amount of the fee to be used by the family and children first council if the council so requests.
(A) The coroner shall investigate the death of and perform an autopsy on any child under two years of age that dies suddenly when in apparent good health unless a court with jurisdiction determines under section 313.131 of the Revised Code that an autopsy is contrary to the religious beliefs of the child. The coroner shall investigate the death and perform the autopsy by conducting the following:
(1) An investigation of the site where the child was found dead and indicating, if the information is available, whether the child was observed to die, when the child was last seen alive, the place of death, the circumstances under which the child was found dead and by whom, the position of the child when found, and the identity of all individuals who attempted to resuscitate the child;
(2) A complete medical history of the child, including, if the information is available, the child's date of birth, birth weight, type of delivery, number of well-baby visits, history of major illness including recent illness and any medical treatment, feeding history, birth mother's prenatal history and history of any drug use, whether any siblings have suddenly died under the age of two while in apparent good health or have died from any other cause;
(3) An external examination of the child including noting the child's state of nutrition and development, examining the nares and choanae, determining the age, race, sex, body length, and body weight of the child, and evaluating the child for evidence of rash, dehydration, anomalies, and injury;
(4) An internal examination including evaluating the epiglottis, larynx, and trachea, and noting the presence or absence of thymic petechiae, pleural petechiae, epicardial petechiae and fluid blood;
(5) A microscopic examination of any of the following that are indicated after conducting paragraphs (A)(1) through (A)(4) of this rule, provided that a specimen is possible to obtain:
(a) One vertical section of the heart including the left atrium and left ventricle;
(b) One section of each lobe of both lungs;
(c) Both kidneys and adrenals;
(d) The ileum including a Peyer's patch;
(e) The liver and pancreas;
(f) The larynx including the epiglottis;
(g) The brain, including the cortex, basal ganglia, mid-pons, and medulla, each to include meninges; and
(h) The thymus; and
(6) Any other examination or investigation that is indicated by the facts and circumstances of the case.
(B) The coroner shall perform the following procedures where indicated by the facts and circumstances of the case:
(1) A total body x-ray for evidence of repetitive battering;
(2) Biochemical determinations of sodium, potassium, and glucose, using vitreous humor;
(3) Bacterial cultures of heart blood, spleen, both lungs, stool, cerebrospinal fluid and larynx;
(4) Viral cultures of the heart, both lungs, one kidney, gastrointestinal tract and brain; and
(5) A collection for testing of spinal fluid, urine, and gastric contents, five to ten milliliters of whole blood, and approximately ten grams of the liver. These specimens shall be examined and the presence and levels of the following shall be determined:
(a) Common agents acting upon the central nervous system;
(d) Carbon monoxide; and
(e) Any other agents as appropriate to the case.
(6) Retention of frozen liver, brain, kidney, and lung specimans for a period of at least six months
(C) The coroner shall report to the Ohio department of health a preliminary diagnosis of the cause of death of any child under two years of age who died suddenly when in apparent good health. The preliminary diagnosis shall be reported to the Ohio department of health as soon as possible, but no later than seventy-two hours after the death of the child and shall be made either orally, or on a form prescribed by the director of the Ohio department of health containing the following information:
(1) The child's name, sex, age, race, date of birth and date of death;
(2) The child's county of residence and county of death; and
(3) The mother's and father's name, age, and address.
If the preliminary diagnosis is orally made to the Ohio department of health, the coroner shall also report the preliminary diagnosis on the form prescribed by the director and shall submit the form to the Ohio department of health within fourteen days.
(D) If the child's parent makes a request for the preliminary results of the autopsy, the coroner or person designated by him shall give the parent an oral statement of the preliminary results after they are available.
(E) The coroner shall send written notice of the final results of the investigation and autopsy, including the final results of examinations, investigations and procedures required in paragraphs (A) and (B) of this rule, to the Ohio department of health, the health district or department with jurisdiction in the area in which the child's parent resides, and, upon a request of the parent of the child, to the child's attending physician, within a reasonable time after the final results are available. The coroner shall send written notice of the final results to a parent upon written request.
(A) In any case where a birth occurs outside an institution and the birth certificate is filed within ten days of the birth, documentation of the following shall be required in order to register an out of institution birth:
(1) Evidence of pregnancy, such as, but not limited to:
(a) prenatal record, or
(b) a statement from a physician or other health care provider qualified to determine pregnancy, or
(c) a home visit by a public health nurse or other health care provider, or
(d) other evidence acceptable to the state registrar.
(2) Evidence that the infant was born alive, such as but not limited to:
(a) a statement from the physician or other health care provider who saw or examined the infant, or
(b) an observation of the infant during a home visit by a public health nurse, or
(c) other evidence acceptable to the state registrar.
(3) If the birth occurred in the mother's residence, evidence of the mother's presence in Ohio on the date of the birth, such as but not limited to:
(a) a driver's license, or a state issued identification card, which includes the mother's current residence on the face of the license or card, or
(b) a rent receipt or any type of utility, telephone or other bill that includes the mother's name and address.
(4) If the birth occurred outside of the mother's place of residence and the mother is a resident of this state, such evidence shall consist of:
(a) An affidavit from the tenant of the premises where the birth occurred that the mother was present on those premises at the time of the birth and;
(b) Evidence of the affiant's residence;
(c) Evidence of the mother's residence;
(d) Any other evidence acceptable to the state registrar.
(B) At the discretion of the state registrar, additional evidence may be required to verify the facts of birth. If the required evidence is not available and the local registrar is not able to verify the facts of birth, the out of institution birth may be registered only by a court of competent jurisdiction.