Published: 2015
Key Benefits:
[Rev. 2/20/2020 12:26:20 PM]
[NAC-440 Revised Date: 2-20]
CHAPTER 440 - VITAL STATISTICS
REGISTRATION OF BIRTHS AND DEATHS
440.010 “State Registrar” defined.
440.020 Severability.
440.021 Examination of certificate: Procedure; requirements; abbreviated form; definition.
440.0215 Index of data or statistical information: Procedure for use; contents.
440.022 Furnishing of statistical information to governmental agencies or covered entities: Requirements for confidentiality of information, legitimate governmental purpose and payment of fees.
440.023 Alteration or correction of certificate: Request; requirements when certifier no longer affiliated with facility; correction of obvious errors.
440.026 Alteration or correction of certificate: Filing of affidavit with State Registrar; duties of State Registrar and local registrar.
440.030 Alteration or correction of certificate: Principal affidavit and other verifiable evidence.
440.035 Alteration or correction of certificate: Changes which require court order.
440.040 Alteration or correction of certificate: Circumstances in which affidavit in support not required.
440.050 Preparation of new certificate to replace unusable certificate.
440.060 Replacement certificates.
440.070 Issuance of certified copies of certificates.
440.075 Restrictions on use of statistical portion of certificate; quality, color and type of paper; use of same type of paper by each registrar.
440.080 Addition of child’s name to birth certificate.
440.090 Form for recording birth of foundling child.
440.092 Birth certificate for homebirth: “Homebirth” defined.
440.094 Birth certificate for homebirth: Required documentary evidence; required determinations of State Registrar.
440.095 Birth certificate for homebirth: Determination of sufficiency of documentary evidence; requirements for documents submitted as evidence of homebirth.
440.096 Birth certificate for homebirth: Types of acceptable documentary evidence.
440.098 Birth certificate for homebirth: Filing by midwife; access to Electronic Birth Registry System.
440.100 Preparation of new birth certificate to delete illegitimacy notation.
440.110 Preparation of new birth certificate upon establishment of parentage.
440.120 Preparation of new birth certificate where child adopted.
440.140 Preparation of new birth certificate when ordered by court.
440.150 Preparation of new birth certificate: Signatures.
440.155 Abstracted certificate of birth: Issuance; contents.
440.158 Pronouncement of death.
440.160 Certification of cause of death; completion of rejected certificate.
440.162 Time for initiation of certificate of death or fetal death.
440.165 Statement of the cause of death; electronic submission to approved electronic death registry system.
440.170 Attendance at death.
440.180 Death not attended.
440.185 Issuance of burial or removal permit without certificate of death.
440.190 Disinterment.
DELAYED CERTIFICATES OF BIRTH
440.300 “Delayed certificate of birth” defined.
440.310 Prerequisites for filing.
440.320 Documentary evidence: General requirements.
440.330 Documentary evidence: Order of preference.
440.340 Documentary evidence: Determination of sufficiency; investigation of case.
440.350 Documentary evidence: Authority of State Registrar if applicant unable to furnish.
440.360 Signing of affidavit by person of record, or parents or guardian thereof.
FEES
440.400 Fees.
REGISTRATION OF BIRTHS AND DEATHS
NAC 440.010 “State Registrar” defined. (NRS 440.120) As used in this chapter, “State Registrar” has the meaning ascribed to it in NRS 440.060. The term includes the State Registrar’s appointed designees.
[Bd. of Health, Births and Deaths Art. 1 § 1.2, eff. 7-3-76] — (NAC A by R060-97, 1-30-98; R066-16, 11-2-2016)
NAC 440.020 Severability. (NRS 440.120) If any provision of this chapter is declared unconstitutional or invalid for any reason, the remainder of those provisions are not affected thereby.
[Bd. of Health, Births and Deaths Art. 14, eff. 7-3-76] — (NAC A by R033-16 & R066-16, 11-2-2016)
NAC 440.021 Examination of certificate: Procedure; requirements; abbreviated form; definition. (NRS 440.120, 440.170)
1. A person who wishes to examine a certificate must:
(a) Identify his or her relationship to the person who is named on the certificate;
(b) Specify the type of information he or she wishes to obtain by examining the certificate; and
(c) Pay any applicable fees.
2. The State Registrar may allow a person to examine a certificate if:
(a) The State Registrar or the State Registrar’s designee determines that the person has a direct and tangible interest in the matter recorded on the certificate;
(b) The State Registrar or the State Registrar’s designee determines that the certificate does not contain any information that is confidential or the disclosure of which would constitute an unwarranted invasion of privacy which would result in irreparable harm to the person named on the certificate or to the members of the immediate family of the person named on the certificate; or
(c) The person submits to the State Registrar a copy of an order of a court of competent jurisdiction that states that the person may examine the certificate in its entirety.
3. The State Registrar may allow a person who cannot comply with the requirements set forth in subsection 2 to examine an abbreviated form of the certificate that contains any information the State Registrar has determined would not constitute an unwarranted invasion of privacy which would result in irreparable harm to the person named on the certificate or to the members of the immediate family of the person named on the certificate.
4. As used in this section, “examine” does not include obtaining a copy of a certificate.
(Added to NAC by Bd. of Health by R060-97, eff. 1-30-98)
NAC 440.0215 Index of data or statistical information: Procedure for use; contents. (NRS 440.120, 440.170) Except as otherwise provided in NAC 440.022, the State Registrar or the State Registrar’s designee may provide a data or statistical index that contains information from the vital statistics records that he or she maintains to a person who does not have a direct and tangible interest in that information if:
1. The person who requests the information:
(a) Submits evidence that is satisfactory to the State Registrar or the State Registrar’s designee that the person is requesting the information for a legitimate public health research purpose;
(b) Specifically describes the type of information he or she is requesting; and
(c) Pays all applicable fees; and
2. The index contains:
(a) Only names of persons and their corresponding places and dates of birth or death; or
(b) Other information set forth in the vital statistics records the State Registrar maintains but does not identify the persons to whom that information relates.
Ê The index must not contain any social security numbers or residential addresses.
3. The index is not requested using personal identifying information, including, without limitation, a person’s name or residential address.
(Added to NAC by Bd. of Health by R060-97, eff. 1-30-98; A by R066-16, 11-2-2016)
NAC 440.022 Furnishing of statistical information to governmental agencies or covered entities: Requirements for confidentiality of information, legitimate governmental purpose and payment of fees. (NRS 440.120, 440.175) The State Registrar may furnish any governmental agency or covered entity, as defined in 45 C.F.R. §160.103, with any information contained in the vital statistics records the State Registrar maintains if the agency:
1. Is required by state or federal law to maintain the confidentiality of the information;
2. Agrees in writing to maintain the confidentiality of the information;
3. Is requesting the information for purposes relating to research, epidemiology or legal proceedings or any other purpose deemed by the State Registrar to be legitimate; and
4. Pays all applicable fees.
(Added to NAC by Bd. of Health by R060-97, eff. 1-30-98; A by R066-16, 11-2-2016; R150-18, 1-30-2019)
NAC 440.023 Alteration or correction of certificate: Request; requirements when certifier no longer affiliated with facility; correction of obvious errors. (NRS 440.120)
1. A request to alter or correct information other than medical information on a certificate of:
(a) Birth must originate with the person whose birth is registered on the certificate or the person’s parent, guardian or legal representative.
(b) Death or fetal death must originate with a funeral director from the funeral home listed on the certificate, a coroner or medical examiner from the county listed on the certificate or a certifier or informant listed on the certificate.
2. Except as otherwise provided in subsections 3 and 4, a request to alter or correct the medical information on a certificate of birth, death or fetal death must originate with:
(a) The certifier of the medical information on the record; or
(b) For a certificate of death, any county coroner or medical examiner investigating the death.
3. If the certifier of the medical information on a certificate of birth, death or fetal death is no longer affiliated with the facility at which the birth, death or fetal death was certified, the medical director of the facility or a person acting in a similar capacity at that facility may alter or correct such medical information if:
(a) The medical director or other person submits a request to the State Registrar; and
(b) The State Registrar approves the request.
4. The State Registrar may correct obvious errors on a certificate of birth, death or fetal death. For the purposes of this subsection, the correction of a name is not an obvious error.
5. As used in this section, “medical information” means:
(a) For a certificate of birth, the date and time of birth, sex of the child and name of the facility in which a birth occurred; and
(b) For a certificate of death or fetal death, the date and hour of death, cause of death or any part of the cause of death and information concerning communicable diseases or injuries.
(Added to NAC by Bd. of Health, eff. 12-3-84; A by R150-18, 1-30-2019)
NAC 440.026 Alteration or correction of certificate: Filing of affidavit with State Registrar; duties of State Registrar and local registrar. (NRS 440.120)
1. A person who requests that the State Registrar alter or correct a certificate of birth, death or fetal death must prepare an affidavit in support of the request and file it with the State Registrar if:
(a) Except as otherwise authorized by NAC 440.040, the certificate has been assigned a state file number; or
(b) The proposed alteration does not require a court order.
2. Except as otherwise provided in NAC 440.035, if the State Registrar finds that the submitted evidence supporting a request for an alteration is satisfactory, the State Registrar shall alter the original certificate and send a copy of it to the local registrar.
3. A local registrar who receives such an affidavit:
(a) Shall not alter his or her copy of the certificate; and
(b) Shall replace the existing copy in his or her files with a copy of the certificate after alteration by the State Registrar.
(Added to NAC by Bd. of Health, eff. 12-3-84; A by R066-16, 11-2-2016; R150-18, 1-30-2019)
NAC 440.030 Alteration or correction of certificate: Principal affidavit and other verifiable evidence. (NRS 440.120)
1. An affidavit for alteration or correction of a certificate must consist of two parts as follows:
(a) The first part must consist of an affidavit in which the affiant sets forth the facts that are not correctly stated on the certificate and also sets forth the changes necessary to correct the certificate.
(b) The second part must consist of other verifiable evidence corroborating the facts contained in the principal affidavit, which may include, without limitation, a supplementary affidavit if deemed appropriate by the State Registrar. Any supplementary affidavit must be executed by a person other than the affiant of the principal affidavit.
2. The State Registrar may accept the affidavit for alteration or correction of a certificate only if the affiants:
(a) Have signed any affidavit and these signatures are notarized;
(b) Have personal knowledge of the facts stated therein; and
(c) Have provided a supplementary affidavit or other verifiable evidence to support the affidavit.
3. If medical records that may be used as other verifiable evidence for the purposes of paragraph (b) of subsection 1 are not available, the State Registrar may allow another type of document to be used for that purpose.
4. Evidence submitted as other verifiable evidence for the purposes of paragraph (b) of subsection 1 to support the alteration or correction of information concerning the parents of a child on a birth certificate must be dated prior to the birth of the child.
5. As used in this section:
(a) “Alteration or correction of a certificate” includes, without limitation, an alteration or correction to any:
(1) Date of birth;
(2) Date of death;
(3) Age;
(4) Part of the location of the birth or death;
(5) Gender or sex;
(6) Time of birth;
(7) Hour of death;
(8) Birthplace;
(9) Part of an address;
(10) Certifier or attendant information;
(11) Part of the cause of death;
(12) Communicable disease information;
(13) Funeral director or certifier information;
(14) Information relating to disposition of the decedent’s remains; or
(15) Occupation, industry, education, social security number, race, ethnicity or military service information of the decedent or any name on a certificate for which an error can be proven.
(b) “Personal knowledge” means cognizance of a circumstance or fact gained directly through firsthand experience or observation, or through a personal, familial, medical or professional relationship with the person.
[Bd. of Health, Births and Deaths Art. 3 §§ 3.1-3.2, eff. 7-3-76] — (NAC A 12-3-84; R066-16, 11-2-2016; R150-18, 1-30-2019)
NAC 440.035 Alteration or correction of certificate: Changes which require court order. (NRS 440.120) The State Registrar shall not alter or correct any certificate assigned a state file number without an order from a court of competent jurisdiction if that proposed alteration:
1. Consists of the substitution of a different name or of the name of a different person as surviving spouse of the deceased or changes the name or marital status of the deceased on a death certificate, unless verifiable evidence indicating that an error occurred is submitted to the State Registrar;
2. Except as otherwise provided in paragraph (c) of subsection 6 of NRS 440.280, consists of the substitution of a different name for:
(a) A child whose birth is registered on the certificate and is proposed more than 1 year after the date of the birth; or
(b) Either of his or her parents;
3. Would indicate some other change in a legal relationship, but does not include the change of a middle name to a middle initial, a middle initial to a middle name or the informant on a death certificate;
4. In combination with other alterations or corrections, including, without limitation, alterations or corrections made through previous requests, may change or hide the identity of the person to whom the certificate pertains, as determined by the State Registrar; or
5. Except as otherwise provided in this subsection, would change information that has previously been altered or corrected. This subsection does not apply to an alteration or change to the cause of death proposed by the certifier of medical information on a certificate of death or fetal death.
(Added to NAC by Bd. of Health, eff. 12-3-84; A by R066-16, 11-2-2016; R150-18, 1-30-2019)
NAC 440.040 Alteration or correction of certificate: Circumstances in which affidavit in support not required. (NRS 440.120)
1. A funeral director, certifier or attending physician or advanced practice registered nurse may alter or correct a certificate of birth, death or fetal death without preparing an affidavit in support of the request if the original certificate is still held by the State Registrar or a local registrar and has not been assigned a state file number.
2. A coroner or medical examiner may alter or correct a certificate of death or fetal death without preparing an affidavit in support of the request if a state file number was issued before the coroner or medical examiner conducted an investigation.
[Bd. of Health, Births and Deaths Art. 3 §§ 3.3-3.6, eff. 7-3-76] — (NAC A 12-3-84; R066-16, 11-2-2016; R150-18, 1-30-2019)
NAC 440.050 Preparation of new certificate to replace unusable certificate. (NRS 440.120) The State Registrar may require the preparation of a new certificate if any certificate is found to be illegible, nonpermanent or otherwise unusable.
[Bd. of Health, Births and Deaths Art. 2, eff. 7-3-76]
NAC 440.060 Replacement certificates. (NRS 440.120)
1. The State Registrar may prepare a replacement certificate.
2. To the extent possible the information on the certificate must be copied directly from the old certificate to the new certificate. If information necessary to complete the replacement certificate is not included on the original certificate, such information may be added by altering or correcting the certificate in the manner prescribed by NAC 440.023 to 440.040, inclusive.
3. Except for the local registrar’s signature, the signatures required for the certificate must be typed or entered in conformity with the signatures appearing on the original certificate. The item labeled “Registrar Signature” must be signed by the State Registrar.
4. The original certificate must be retained for permanent filing.
5. The new certificate must be noted as a replacement certificate for an original certificate on file.
[Bd. of Health, Births and Deaths Art. 12, eff. 7-3-76] — (NAC A by R066-16, 11-2-2016; R150-18, 1-30-2019)
NAC 440.070 Issuance of certified copies of certificates. (NRS 440.120, 440.650)
1. The district health officer of Washoe County and the district health officer of Clark County may issue a certified copy of a certificate of birth or death if the certificate was originally filed with that district health office. The district health officer shall issue a certified copy in the manner set forth in NRS 440.650.
2. As used in NRS 440.650, “direct and tangible interest” means a:
(a) Direct relationship by blood or marriage within the second degree of consanguinity to the person named on the certificate;
(b) Legal relationship to the person named on the certificate;
(c) Requirement imposed by law or otherwise to facilitate legal process; or
(d) Funeral director or his or her designee from the funeral home who is listed on the death certificate within 180 days after the date of registration of the death.
[Bd. of Health, Births and Deaths Art. 9, eff. 7-3-76] — (NAC A 5-19-92; R066-16, 11-2-2016)
NAC 440.075 Restrictions on use of statistical portion of certificate; quality, color and type of paper; use of same type of paper by each registrar. (NRS 440.120, 440.303)
1. The statistical portion of a certificate of birth, death or fetal death is for medical and health use only and must not be reproduced as part of a certified copy.
2. A certified copy of a certificate of birth, death or fetal death must be made on paper of the following quality:
(a) Banknote security paper; or
(b) Other security paper as determined by the State Registrar.
3. The State Registrar and the local registrars shall determine the specifications for the type of security paper to be used when making certified copies of a certificate. Each registrar must use the same type of paper.
4. When the State Registrar prepares a new birth certificate in the English language pursuant to the provisions of NRS 440.303, the State Registrar shall prepare the certificate on security paper of a different color from that used for preparing copies of certificates for births, deaths and fetal deaths occurring in this state.
(Added to NAC by Bd. of Health, eff. 12-3-84; A by R066-16, 11-2-2016)
NAC 440.080 Addition of child’s name to birth certificate. (NRS 440.120, 440.300)
1. The form known as “affidavit for correction of a record” must be used for a report of a given name when the given name has been omitted on the original certificate.
2. The affidavit for correction of a record must be completed not later than 1 year after the birth of the child in accordance with the procedures for alteration or correction of a certificate now on file described in NAC 440.030.
3. If two parents are listed on a birth certificate and neither parent is deceased or otherwise incapacitated, both parents must submit separate affidavits agreeing to the addition of a given name to the birth certificate before the given name may be added.
[Bd. of Health, Births and Deaths Art. 4, eff. 7-3-76] — (NAC A by R066-16, 11-2-2016; R150-18, 1-30-2019)
NAC 440.090 Form for recording birth of foundling child. (NRS 440.120, 440.330) The form to be used in recording the birth of a foundling child must be the standard certificate of birth. In such cases, the certificate must be completed in the manner directed by the State Registrar.
[Bd. of Health, Births and Deaths Art. 5, eff. 7-3-76]
NAC 440.092 Birth certificate for homebirth: “Homebirth” defined. (NRS 440.120) As used in NAC 440.092 to 440.098, inclusive, “homebirth” means the birth of a child outside of a hospital when the mother and child are not transported to a hospital within 8 hours thereafter.
(Added to NAC by Bd. of Health by R066-16, eff. 11-2-2016)
NAC 440.094 Birth certificate for homebirth: Required documentary evidence; required determinations of State Registrar. (NRS 440.120)
1. To file a birth certificate for a homebirth, an applicant must provide documentary evidence that:
(a) The child was born in this State; and
(b) A birth certificate for that child was not previously filed in this State or any other state or country.
2. Based on documentary evidence supplied pursuant to subsection 1, the State Registrar must be able to determine:
(a) The parentage of the child;
(b) That a pregnancy occurred;
(c) That a live birth occurred; and
(d) That the homebirth occurred in this State.
(Added to NAC by Bd. of Health by R066-16, eff. 11-2-2016)
NAC 440.095 Birth certificate for homebirth: Determination of sufficiency of documentary evidence; requirements for documents submitted as evidence of homebirth. (NRS 440.120)
1. The State Registrar shall determine whether the documentary evidence submitted pursuant to subsection 2 of NAC 440.094 is sufficient to warrant the filing of a birth certificate for a homebirth. The State Registrar may deem any documentary evidence as insufficient and may conduct an independent investigation of a homebirth at any time.
2. Any document submitted as evidence of a homebirth must be authenticated as being an original document or a copy of a verifiable document. The State Registrar may accept documents not otherwise authenticated if accompanied by an affidavit submitted by the applicant declaring the authenticity of the document or the applicant’s belief in the truth of its contents.
3. Documents that show erasures or alterations must not be accepted as evidence of a homebirth. Where an applicant for a birth certificate for a homebirth has been unable to provide valid documentary evidence, a complete statement of the facts and the reason for the absence of such evidence must be noted on the record of birth of the child of the applicant.
(Added to NAC by Bd. of Health by R066-16, eff. 11-2-2016)
NAC 440.096 Birth certificate for homebirth: Types of acceptable documentary evidence. (NRS 440.120) Pursuant to NAC 440.094, the State Registrar may accept the following types of documentary evidence to establish:
1. Parentage:
(a) A current and valid photo identification; and
(b) Two completed witness information forms provided by the State Registrar.
2. That a pregnancy occurred:
(a) Prenatal health care records;
(b) An affidavit from a licensed physician, public health nurse or other qualified health care provider who consulted with the applicant during the pregnancy;
(c) An ultrasound performed on the applicant during the pregnancy; or
(d) If the documents described in paragraphs (a), (b) and (c) are not available, affidavits from three persons who have personal knowledge of the pregnancy, none of whom is a parent of the child.
3. That a live birth occurred:
(a) An affidavit from a licensed physician, public health nurse or other qualified health care provider who witnessed or examined the child within 14 days after the birth; or
(b) An appointment in person or, if the parent and child reside outside of this State, by videoconference, with the State Registrar or a local registrar of vital statistics with the parent and child present. If an appointment will be conducted by videoconference, the State Registrar must receive the completed documents described in subsections 1, 2 and 4 before the appointment.
4. That the homebirth occurred in this State:
(a) A utility bill showing residency of the parent in this State at the time of birth that also displays the parent’s name; or
(b) A statement which shows a credit or debit card transaction completed by the parent and which includes the date and location of the transaction. The transaction must have been completed in this State.
(Added to NAC by Bd. of Health by R066-16, eff. 11-2-2016; A by R150-18, 1-30-2019)
NAC 440.098 Birth certificate for homebirth: Filing by midwife; access to Electronic Birth Registry System. (NRS 440.120)
1. If a midwife provides sufficient documentation of his or her certification as a midwife and a current and valid state business registration, the State Registrar may grant the midwife access to the Electronic Birth Registry System of this State to file a birth certificate for a homebirth.
2. If sufficient documentation is not provided pursuant to subsection 1, to file a birth certificate for a homebirth, the documentary evidence required pursuant to subsection 2 of NAC 440.094 must be submitted to the State Registrar either in person or by mail.
3. The types of documentation that the State Registrar will accept from a midwife to establish access to the Electronic Birth Registry System pursuant to subsection 1 include:
(a) A license, certification, registration, permit or other authorization that grants the midwife the authority to engage in a profession or occupation in this State;
(b) Certification from the American Midwifery Certification Board;
(c) Certification from the North American Registry of Midwives; or
(d) A certification of completion for any other method of midwifery training or apprenticeship or from a school for midwifery approved by the State Registrar.
(Added to NAC by Bd. of Health by R066-16, eff. 11-2-2016)
NAC 440.100 Preparation of new birth certificate to delete illegitimacy notation. (NRS 440.120, 440.315) In the case specified by NRS 440.315, the information required for the new certificate must be obtained from the old certificate.
[Bd. of Health, Births and Deaths Art. 6 § 6.2, eff. 7-3-76]
NAC 440.110 Preparation of new birth certificate upon establishment of parentage. (NRS 440.120, 440.325) In the case specified by NRS 440.325, all information needed for the new certificate except the name of the child and the information related to the parent must be obtained from the original certificate. The name of the child and the name, age and state of birth of the parent must be obtained from the court order or Declaration of Paternity or Declaration of Parentage form filed with the State Registrar by a parent.
[Bd. of Health, Births and Deaths Art. 6 § 6.3, eff. 7-3-76] — (NAC A by R046-99, 9-27-99; R066-16, 11-2-2016; R150-18, 1-30-2019)
NAC 440.120 Preparation of new birth certificate where child adopted. (NRS 440.120, 440.310)
1. In preparing a new certificate of birth pursuant to NRS 440.310, the items specified by the certified adoption decree and the certified report of adoption must be completed as specified. Except as otherwise provided in subsection 2, if any of the information needed to complete the new certificate is not specified by the adoption decree or the report of adoption form, the information must be transcribed directly from the original certificate.
2. The information needed to complete the “Parent or Mother” and “Parent or Father” sections of the new certificate of birth must be collected from the report of adoption form devised for that purpose by the State Registrar or the equivalent officer of another jurisdiction. If the report of adoption form does not contain the information required to complete those sections of the new certificate, the information may be obtained from the certified court order. Except for a last name obtained through marriage or domestic partnership, the name of each parent on the report of adoption form must be identical to that on the adoption decree. Any name or suffix omitted on the adoption decree may be added to the decree if it is listed on the certified report of adoption form.
[Bd. of Health, Births and Deaths Art. 6 § 6.5, eff. 7-3-76; A 2-24-78] — (NAC A by R066-16, 11-2-2016; R150-18, 1-30-2019)
NAC 440.140 Preparation of new birth certificate when ordered by court. (NRS 440.120, 440.305) When the preparation of a new birth certificate is ordered by a court of competent jurisdiction, the items specified by the court order must be completed as specified. All other items must be transcribed directly from the original certificate.
[Bd. of Health, Births and Deaths Art. 6 § 6.4, eff. 7-3-76]
NAC 440.150 Preparation of new birth certificate: Signatures. (NRS 440.120) On any new birth certificate prepared by the State Registrar as specified in NAC 440.092 to 440.140, inclusive, the item labeled “Certifier Signature” must be typed or entered in conformity with the signature appearing on the original certificate and the item labeled “Registrar Signature” must be signed by the State Registrar.
[Bd. of Health, Births and Deaths Art. 6 § 6.1, eff. 7-3-76] — (NAC A by R066-16, 11-2-2016)
NAC 440.155 Abstracted certificate of birth: Issuance; contents. (NRS 440.120, 440.670) The State Registrar or a local registrar may issue an abstracted certificate of birth if the abstracted certificate contains only the following information:
1. Name of the person whose birth is recorded on the certificate;
2. Date of the birth of the person whose birth is recorded on the certificate;
3. State file number of the original certificate;
4. Race or ethnicity of the person whose birth is recorded on the certificate;
5. Sex of the person whose birth is recorded on the certificate;
6. Date of registration of the original certificate; and
7. Birthplace of the person whose birth is recorded on the certificate.
(Added to NAC by Bd. of Health by R060-97, eff. 1-30-98; A by R066-16, 11-2-2016)
NAC 440.158 Pronouncement of death. (NRS 440.120, 440.415)
1. When the cessation of the cardiovascular and respiratory functions of a person occurs, and, when applicable, all resuscitative efforts are without success, a physician licensed pursuant to chapter 630, 630A or 633 of NRS, or a physician assistant or registered nurse authorized by a physician pursuant to NRS 440.415, shall pronounce death.
2. A licensed emergency medical services professional shall pronounce death in accordance with emergency medical services protocol. If a death is reported to the coroner, the time of pronouncement of death must be communicated to the coroner or his or her designee.
3. The coroner or his or her designee may pronounce death if no official pronouncement has been made before his or her physical examination of the deceased.
(Added to NAC by Bd. of Health by R066-16, eff. 11-2-2016)
NAC 440.160 Certification of cause of death; completion of rejected certificate. (NRS 440.120, 440.380, 632.237)
1. The person who is required to certify the cause of death shall complete the portions of the death certificate pertaining to the cause of death and the certification of death within 48 hours after being assigned as the certifier.
2. If the death did not occur in a hospital or other institution and the death was attended by a physician or advanced practice registered nurse who will not be available within 48 hours after the death, the certificate must be presented or assigned to an associate physician or advanced practice registered nurse who has access to the attending physician’s or advanced practice registered nurse’s medical files on the deceased. The associate physician or advanced practice registered nurse shall complete and certify the death certificate within 48 hours after such presentation or after being assigned as the certifier.
3. If the death occurred in a hospital or other institution and the death was attended by a physician or advanced practice registered nurse who will not be available within 48 hours after the death, the certificate must be presented or assigned to the chief medical officer of the institution or an associate physician or advanced practice registered nurse who has access to the medical records of the deceased. The chief medical officer or associate physician or advanced practice registered nurse shall complete and certify the death certificate before the end of the next business day after such presentation or after being assigned as the certifier.
4. Any certificate rejected for not containing a certification of cause of death, lack of information or lack of certifier signature must be completed by the certifier within 24 hours after such rejection.
[Bd. of Health, Births and Deaths Art. 7, eff. 2-24-78] — (NAC A by R066-16, 11-2-2016; R150-18, 1-30-2019)
NAC 440.162 Time for initiation of certificate of death or fetal death. (NRS 440.120)
A person completing a certificate of death or fetal death must initiate the certificate:
1. If initiated by a certifier, not later than 24 hours after the death occurred; or
2. If initiated by a funeral director, not later than 24 hours after the funeral director receives the corpse.
(Added to NAC by Bd. of Health by R150-18, eff. 1-30-2019)
NAC 440.165 Statement of the cause of death; electronic submission to approved electronic death registry system. (NRS 440.120, 440.380, 440.410)
1. The statement of the cause of death in a medical certificate of death is the certifier’s best medical opinion and must be:
(a) Written legibly, when completed on a paper certificate; and
(b) Expressed clearly and concisely.
2. The State Registrar or local registrar shall return a medical certificate of death to the certifier to be corrected or made more definite if the statement:
(a) Consists of only the term “natural causes”;
(b) Consists solely of mechanisms of death which merely attest to the fact of death or contains any other indefinite or obsolete term which denotes only the symptom of a disease or the conditions resulting from a disease;
(c) Is illogically or confusingly written; or
(d) Contains abbreviations, misspellings or is written in shorthand or in all capital letters.
3. Part I of the statement of the cause of death in the standard certificate of death approved by the United States Public Health Service may contain only the sequence of disease or the injury or other trauma directly resulting in death, as follows:
(a) Line “A” must show the immediate (primary) cause of death;
(b) Lines “B” and “C” must show the contributory or intermediate cause of death; and
(c) Line “D” must show the underlying cause of death.
Ê The underlying cause of death must be the last cause listed. If there are no intermediate causes, the underlying cause must be entered on line “B”. If the immediate cause and the underlying cause are synonymous, only one entry is necessary. It is permissible for a certifier to qualify a cause of death as “probable” or “presumed,” even if the cause has not been definitively diagnosed.
4. Part II of the statement of the cause of death must show the diseases, injuries or other factors which are medically or statistically significant but not directly related to the cause of death.
5. The statement of the cause of death must be submitted electronically by the certifier to an electronic death registry system approved by the Division of Public and Behavioral Health of the Department of Health and Human Services and attested to by the certifier by means of an electronic signature.
6. As used in this section, “electronic signature” means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(Added to NAC by Bd. of Health, eff. 12-3-84; A by R126-12, 2-20-2013; R066-16, 11-2-2016)
NAC 440.170 Attendance at death. (NRS 439.200, 440.120, 632.237) Except as otherwise provided in NAC 440.180, a death shall be considered to have been attended by a physician or advanced practice registered nurse if the deceased:
1. Had been examined or treated, including, without limitation, having been prescribed medications or provided care by the physician or advanced practice registered nurse, as applicable, for an acute or chronic condition, within 180 days preceding the death;
2. Was pronounced dead by a registered nurse or physician assistant pursuant to NRS 440.415; or
3. Was diagnosed by a physician or advanced practice registered nurse as having an anticipated life expectancy of not more than 6 months.
[Bd. of Health, Births and Deaths Art. 8 § 8.1, eff. 7-3-76] — (NAC A by R045-99, 9-27-99; R066-16, 11-2-2016; R150-18, 1-30-2019)
NAC 440.180 Death not attended. (NRS 439.200, 440.120, 632.237) If the deceased had been under the care of a physician or advanced practice registered nurse under the conditions set forth in NAC 440.170, but the cause of death was unrelated to the purpose for which the deceased consulted the physician or advanced practice registered nurse, as applicable, the death shall not be considered to have been attended and must be referred to the county coroner or medical examiner for review.
[Bd. of Health, Births and Deaths Art. 8 §§ 8.2 & 8.2.1, eff. 7-3-76] — (NAC A by R045-99, 9-27-99; R066-16, 11-2-2016; R150-18, 1-30-2019)
NAC 440.185 Issuance of burial or removal permit without certificate of death. (NRS 440.120) The State Registrar or a local registrar of vital statistics may issue a burial or removal permit without a completed certificate of death, or a certificate eligible to be registered, for:
1. A case of a coroner or medical examiner which is pending investigation; or
2. Any case requiring significant difficulty or expense to the applicant.
(Added to NAC by Bd. of Health by R066-16, eff. 11-2-2016)
NAC 440.190 Disinterment. (NRS 440.120)
1. Prior to any disinterment or removal of human remains, the funeral director or person who will perform the disinterment shall send a copy of the permit for the disinterment and file an affidavit for correction of a certificate pursuant to NAC 440.026 to the State Registrar.
2. Upon receipt of the copy of the permit and the affidavit, the State Registrar shall:
(a) Change the statement of the place of interment on the certificate of death to show the new place of interment if the remains have been interred in a new place; and
(b) Send a copy of the changed certificate to the local registrar in the county of the new place of interment.
[Bd. of Health, Births and Deaths Art. 13, eff. 7-3-76] — (NAC A 12-3-84; R066-16, 11-2-2016; R150-18, 1-30-2019)
DELAYED CERTIFICATES OF BIRTH
NAC 440.300 “Delayed certificate of birth” defined. (NRS 440.120, 440.620) As used in NAC 440.300 to 440.360, inclusive, “delayed certificate of birth” means a certificate of a person’s birth filed more than 1 year after the date of birth of the person of record.
[Bd. of Health, Delayed Birth Certificates Art. 1, eff. 4-11-80] — (NAC A by R066-16, 11-2-2016)
NAC 440.310 Prerequisites for filing. (NRS 440.120, 440.620)
1. A person for whom a delayed certificate of birth is to be filed must have been born in Nevada, and a birth certificate for the person must not have been previously filed in this state or any other state or country. An applicant must provide verification from the State Registrar or a local registrar that a registered record of birth does not currently exist within this State.
2. Before filing a delayed certificate of birth, the State Registrar must find that the following facts have been established concerning the person whose birth is to be registered:
(a) Date of birth;
(b) Birthplace; and
(c) Parentage.
3. An applicant for the filing of a delayed certificate of birth must present at least two documents from independent sources to prove each fact listed in subsection 2. One document may be used to prove more than one of those facts. In certain cases, to be determined by the State Registrar, the applicant’s inability to furnish documentary evidence does not preclude the State Registrar from filing the certificate.
[Bd. of Health, Delayed Birth Certificates Art. 2 §§ 2.1-2.3, eff. 4-11-80] — (NAC A by R066-16, 11-2-2016)
NAC 440.320 Documentary evidence: General requirements. (NRS 440.120, 440.620)
1. Any document presented must be at least 5 years old in order to be considered as evidence, except where:
(a) The person whose birth is involved is less than 12 years of age; or
(b) The State Registrar determines to take into account more recent records in his or her investigation of the case.
2. Any document must be authenticated by being an original copy, a verifiable copy or a notarized copy in a sealed file from an independent source. The State Registrar may permit documents not otherwise authenticated to be accompanied by an affidavit from the applicant declaring the authenticity of the document or the applicant’s belief in the truth of its contents.
3. Documents that show erasures or alterations must not be accepted as proof of the facts of birth.
4. All accepted documentary evidence must be listed as part of the record of delayed certificate of birth.
[Bd. of Health, Delayed Birth Certificates Art. 2 §§ 2.3.1-2.3.3, eff. 4-11-80] — (NAC A by R066-16, 11-2-2016)
NAC 440.330 Documentary evidence: Order of preference. (NRS 440.120, 440.620) The types of documentary evidence which the State Registrar may accept to establish the facts necessary for the filing of a delayed certificate of birth follow in the order of preference:
1. A hospital record of birth.
2. A physician’s record of birth.
3. An affidavit. If the affidavit is to prove the date of the applicant’s birth, the affiant must state why he or she knows and remembers the date. The relationship of the affiant to the applicant must be stated in the affidavit.
4. A utility bill showing both residency at the time of birth and at least one parent’s name.
5. A record of the United States Census Bureau.
6. A record of the Social Security Numerical Identification System.
7. A full page of a newspaper containing a notice of birth, showing the name and date of birth.
8. A certificate of baptism or confirmation, a cradle roll or other church record.
9. An entrance record from a school.
10. An insurance policy or a copy of a signed application for an insurance policy.
11. A certificate of discharge from the Armed Forces.
12. A record in a family bible if the information was recorded before the applicant’s first birthday.
13. A driver’s license.
14. A marriage record.
15. A record of a voter’s registration.
16. An employment record.
17. A birth certificate of the applicant’s child.
18. A record from an organization of which the applicant is or was a member.
19. Any other relevant document.
[Bd. of Health, Delayed Birth Certificates Art. 3, eff. 4-11-80] — (NAC A by R066-16, 11-2-2016)
NAC 440.340 Documentary evidence: Determination of sufficiency; investigation of case. (NRS 440.120, 440.620, 440.630)
1. The State Registrar or the State Registrar’s designated representative shall determine whether documentary evidence submitted is sufficient to warrant the filing of a delayed certificate of birth.
2. The State Registrar or such a representative may deem any documentary evidence as insufficient and at any time may institute a thorough and independent investigation of a case.
3. If an investigation is made, the State Registrar shall include a summary of findings as part of the record of birth.
[Bd. of Health, Delayed Birth Certificates Art. 4, eff. 4-11-80] — (NAC A by R066-16, 11-2-2016)
NAC 440.350 Documentary evidence: Authority of State Registrar if applicant unable to furnish. (NRS 440.120, 440.620, 440.630) Where an applicant for a delayed certificate of birth has been unable to furnish documentary evidence, the State Registrar may request and accept a complete statement of the facts and the reason for the absence of such evidence which must be placed in the record of birth, or advise the applicant of his or her right to seek an order from a court of competent jurisdiction to determine the sufficiency of any documentary evidence.
[Bd. of Health, Delayed Birth Certificates Art. 2 § 2.3.4, eff. 4-11-80] — (NAC A by R066-16, 11-2-2016)
NAC 440.360 Signing of affidavit by person of record, or parents or guardian thereof. (NRS 440.120, 440.620)
1. If the person of record is 18 years of age or over, the person of record must sign an affidavit provided by the State Registrar attesting under oath to his or her belief in the truth of the statements made concerning the applicant’s age, birthplace and parentage.
2. If the person of record is under 18 years of age, the affidavit may be signed by the person of record or by the parents or guardian of the person of record.
[Bd. of Health, Delayed Birth Certificates Art. 5, eff. 4-11-80] — (NAC A by R066-16, 11-2-2016)
FEES
NAC 440.400 Fees. (NRS 440.175, 440.700)
1. A health district shall remit to the State Registrar:
(a) For each registration of a birth or death in its district.............................................................. $2
(b) For each copy issued of a certificate of birth in its district, other than a copy issued pursuant to paragraph (a) of subsection 3 of NRS 440.175.................................................................................................. 7
(c) For each copy issued of a certificate of death in its district........................................................ 4
Ê Any amount remitted to the State Registrar pursuant to paragraphs (b) and (c) is inclusive of any amount a health district remits to the State Registrar pursuant to subsection 2 or 3 of NRS 440.700, as applicable.
2. Except as otherwise provided in NRS 440.175 and 440.700 and as applicable, the State Registrar will, or a local registrar may, charge and collect the following fees:
(a) For searching the files for one name, regardless of whether a record is located, if no copy is made $10
(b) Except as otherwise provided in paragraph (c), for verifying or witnessing a vital record or document or issuing a certified abstract of a certificate.......................................................................................... 10
(c) For electronic verification of a vital record through the Electronic Verification of Vital Events (EVVE) system 2
(d) For establishing and filing a record of paternity with the State Registrar, other than a hospital-based paternity, and providing a certified copy of the new record................................................................ 45
(e) For establishing and filing a record of paternity with the State Registrar, other than a hospital-based paternity, where the record of paternity is filed by the Division of Welfare and Supportive Services of the Department of Health and Human Services and a certified copy of the new record is not provided..... 10
(f) For a certified copy of a record of birth.................................................................................. 25
(g) For a certified copy of a record of death originating in a county in which the board of county commissioners has not created an account for the support of the office of the county coroner pursuant to NRS 259.025 22
(h) For a certified copy of a record of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025. 25
(i) Except as otherwise provided in paragraph (j), for correcting a record on file with the State Registrar and providing a certified copy of the corrected record............................................................................. 45
(j) For correcting a record on file with the State Registrar where the correction is filed by a certifier and the State Registrar determines that the correction is not the result of an error by the certifier.................... 10
(k) For replacing a record on file with the State Registrar and providing a certified copy of the new record 45
(l) For filing a delayed certificate of birth with the State Registrar and providing a certified copy of the certificate......................................................................................................................................... 45
(m) For the services of a notary public provided by the State Registrar.......................................... 2
(n) For an index of records of marriage provided on microfiche to a person other than a county clerk or a county recorder of a county of this State......................................................................................... 200
(o) For an index of records of divorce provided on microfiche to a person other than a county clerk or a county recorder of a county in this State......................................................................................... 100
(p) For compiling data files which require specific changes in computer programming................. 500
(Added to NAC by St. Registrar of Vital Statistics by R092-10, eff. 10-15-2010; A by R077-16, 11-2-2016; R021-19, 10-30-2019)
