23-02.1-01. Definitions

23-02.1-01. Definitions

As used in this chapter:

1. "Authorized representative" means a person that has the legal authority to act on

behalf of the person named on a record, including a personal representative or

guardian.

2. "Birth record" means a record reporting a live birth.

3. "Certified" means a copy of the original record on file with the department of health

and human services which is signed and sealed by the state registrar or deputy state

registrar.

4. "Dead body" means a lifeless human body or parts of such body or bones thereof from

the state of which it may reasonably be concluded that death recently occurred.

5. "Electronic birth registration system" means the electronic birth registration system

maintained by the department of health and human services.

6. "Electronic death registration system" means the electronic death registration system

maintained by the department of health and human services.

7. "Facts of death" means the demographic and personal information pertaining to an

individual's death.

8. "Fetal death" or "birth resulting in stillbirth" means death occurring before the complete

expulsion or extraction from its mother of a product of human conception. The death is

indicated by the fact that after such expulsion or extraction the fetus does not breathe

or show any evidence of life such as beating of the heart, pulsation of the umbilical

cord, or definite movement of voluntary muscles.

9. "Filing" means the presentation of a record, report, or other information provided for in

this chapter of a birth, death, fetal death, adoption, marriage, divorce, or other event as

specified by the department of health and human services for registration by the state

registrar.

10. "Final disposition" means the entombment, burial, interment, cremation, whole-body

donation to a school of medicine, removal from the state, or other disposition of a dead

body or fetus.

11. "Health statistics" means data derived from records of birth, death, fetal death,

marriage, divorce, or other records relating to the health of the populace or the state of

the environment.

12. "Homeless youth" means an individual under sixteen years of age living in one of the

situations described in 42 U.S.C. 11434(a)(2) and who is not in the care and physical

custody of a parent or legal guardian.

13. "Homeless youth agency" means an agency assisting a homeless youth in obtaining

the homeless youth's birth record.

14. "Institution" means any establishment, public or private, which provides inpatient

medical, surgical, or diagnostic care or treatment, or nursing, custodial, or domiciliary

care to two or more individuals unrelated by blood, or to which individuals are

committed by law.

15. "Live birth" means the complete expulsion or extraction from its mother of a product of

human conception, regardless of the duration of pregnancy, which 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.

16. "Medical certification" means the medical information pertaining to an individual's

death, including the cause and manner of death.

17. "Miscarriage of birth" means the expulsion of a fetus from the womb, spontaneously or

as a result of an accident, before twenty weeks gestation.

18. "Personal or real property interests" means ownership or other legal rights or duties

concerning personal or real property.

19. "Physician" means an individual authorized or licensed to practice medicine or

osteopathy under chapter 43-17.

20. "Registration" means the acceptance by the state registrar and incorporation into

official records, reports, or other records provided for in this chapter, of birth, death,

fetal death, marriage, divorce, or other records as may be determined by the

personal or real property.

19. "Physician" means an individual authorized or licensed to practice medicine or

osteopathy under chapter 43-17.

20. "Registration" means the acceptance by the state registrar and incorporation into

official records, reports, or other records provided for in this chapter, of birth, death,

fetal death, marriage, divorce, or other records as may be determined by the

department of health and human services.

21. "Relative" means an individual's current or surviving spouse, a parent or legal

guardian, a child, a grandparent, or a grandchild. The state registrar may require proof

of the relationship.

22. "Sex" means the biological state of being female or male, based on the individual's

nonambiguous sex organs, chromosomes, or endogenous hormone profiles at birth.

23. "Subregistrar" means a funeral practitioner or other suitable individual from a licensed

funeral home who is appointed by the state registrar for the purpose of issuing final

disposition-transit permits.

24. "System of health statistics tabulation and analysis" includes the tabulation, analysis,

and presentation or publication of statistical data derived from health statistics.

25. "System of vital records registration" includes the registration, collection, preservation,

amendment, and certification of birth, death, fetal death, marriage, divorce, or other

records as may be determined necessary by the department of health and human

services.