This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
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| Rule |
Rule 3701-5-01 | Definitions.
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.
Last updated November 2, 2022 at 1:53 PM
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Rule 3701-5-02 | Forms used in the system of vital statistics.
(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 report: (1) Certificate of live
birth (appendix A); (2) Certificate of death
(appendix B); (3) Report of fetal death
(appendix C); (4) Affidavit correction
of birth record (appendix D); (5) Supplementary medical
certification (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 to correct
a death certificate or fetal death report (appendix M); (14) Application,
finding, and order for correction of birth record (appendix N); (15) Certification of
birth record (recreation of birth facts) (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 for adoption file (appendix
R); (19) Medical birth information request
(appendix S); (20) Application for certified copy of
birth or death certificate or paternity affidavit (appendix T); (21) Application for certificate of public
record (appendix U); (22) Denial of release for biological
parent (appendix V); (23) Authorization for release form for
biological parent (appendix W); (24) Authorization of release of adopted
name (appendix X); (25) Rescission of authorization of
release of adopted name (appendix Y); (26) Certification of
birth (appendix Z); and (27) Certification of birth for a
stillborn (appendix AA). (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; and (4) The record shall
contain, in type or legible print, the certifier's name. (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.
View AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView Appendix
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Rule 3701-5-03 | Fees for certified copies of vital records and certifications of birth issued by the office of vital statistics.
The fee for a certified copy of a vital record or a
certification of birth issued by the bureau 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.
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Rule 3701-5-04 | Registration of an institution birth.
(A) All birth certificates shall be
completed within ten days of birth. All certificates of birth must be presented
for filing within twenty-one days of the date of birth with either the local
registrar who, at the time the certificate is filed, has jurisdiction over the
registration district where the birth occurred, or with the state registrar. If
the birth was attended by a physician, the certificate of birth contains the
physician's name and date; or 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. (B) A certificate of birth for an
institution 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 (D) of this rule and if the birth was attended by a physician, the
local registrar shall submit the certificate to the bureau of vital statistics
with a written request that the bureau search the state files to determine
whether an original certificate of birth was filed at the time of birth. The
local registrar shall register the certificate of birth if the bureau of vital
statistics determines that no original certificate of birth was registered and
the state registrar approves the registration. (C) The birth of any person whose
institution 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. (D) In addition to the applicable
requirements of paragraphs (A) and (B) 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 bureau 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.A. 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
bureau of vital statistics in accordance with section 3705.07 of the Revised
Code. (E) No social security number obtained
under this section shall be used for any purpose other than child support
enforcement.
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Rule 3701-5-05 | Appointment of sub-registrars.
(A) The local registrar, with the approval of the director, may
appoint one or more sub-registrars for the registration district. (B) Each sub-registrar shall approve a disposition permit within
twenty-four hours after verifying a certificate of death was initiated, or
verifying a certificate of death has been completed if requesting a cremation
disposition permit. (C) Failure to comply with duties may result in removal by the
local board of health or state registrar. (D) Each sub-registrar shall remit fees for disposition permits
as set forth by the state registrar.
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Rule 3701-5-06 | Medical certification of cause of death.
The medical certificate of death shall be completed
and certified by the attending physician who attended the deceased, or by the
coroner, within forty-eight hours after death, unless the results of an autopsy
or chemical or biological examination are pending.
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Rule 3701-5-07 | Filing of the certificate of death when the cause of death is not known.
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 certify the certificate of death, enter " pending"
or "pending - not drug related" in the cause of death portion, and
return the certificate to the funeral director or other person in charge of
final disposition. The funeral director shall immediately file the certificate
of death or fetal death report with the local registrar. If there is no funeral
home, the agent shall file the death certificate with the local registrar. When
the cause of death has been determined, the coroner or attending physician, as
applicable shall complete the supplementary medical certification form
prescribed and provided by the director. The coroner or physician shall file
the form with the local registrar as an addendum to the previously filed
certificate of death no later than six months after the date of death.
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Rule 3701-5-08 | Investigation of delayed filing of certificates of death and fetal death.
(A) A funeral director shall obtain
a disposition permit prior to or at the time of filing a death certificate. A
disposition shall not occur prior to obtaining a disposition permit. A
satisfactory and complete death certificate shall be filed 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 may 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
licensing agency that licenses the entity causing the delay.
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Rule 3701-5-09 | Disposition permit fees.
The disposition 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 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.
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Rule 3701-5-10 | Matching of certificates of birth and death.
(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, the state
where death occurred, and the death certificate number, shall be affixed to the
birth record. The date of birth, the state of where the birth occurred, and the
birth certificate number, shall be affixed to the death record.
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Rule 3701-5-11 | Record preservation by office of vital statistics.
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 bureau 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), abstracts of 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 history connection. The director shall maintain an index
for records that have not elapsed.
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Rule 3701-5-12 | Disclosure of medical and health information.
(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 that request the data for statistical or
research purposes in the course of their official duties. (B) The director or state registrar
may permit the release of data from the "information for medical and
health use only" section of a birth record, for appropriate statistical
or research purposes after consultation with the department institutional
review board. No data shall be furnished from records for statistical or
research purposes until the department institutional review board 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 department 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.
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Rule 3701-5-13 | Heirloom birth certificate fee.
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.
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Rule 3701-5-14 | Coroner's protocol.
Effective:
March 19, 1993
Promulgated Under:
Ch 119.
(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; (b) Salicylates; (c) Alcohols; (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.
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Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3701-5-15 | Adoption file fee.
Effective:
October 25, 1996
The fee to copy the contents of an adoption file pursuant to sections 3107.38 and 3107.47 of the Revised Code shall be twenty dollars.
Last updated November 2, 2022 at 1:55 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3701-5-16 | Registration of out of institution birth.
(A) In any case where a birth occurs
outside an institution and the birth certificate is filed within one year 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 or postnatal 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 filed at the
state registrar's discretion. (C) An out of institution birth that has
not been filed within one year of date of birth, must be filed with the
applicable probate court and forwarded to the state bureau of vital statistics
for registration.
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