Title 23, Health and Safety

The department of health and human services may adopt, amend, and repeal rules and regulations for the purposes of carrying out the provisions of this chapter, in accordance with chapter 28-32.

1. The state registrar shall: a. Direct and supervise the statewide system of vital records and registration and be the primary custodian of said records. b. Direct, supervise, and control the activities of subregistrars and the activities of other local officials related to the …

A subregistrar may issue final disposition-transit permits for those counties served by the funeral home the subregistrar is employed by. The subregistrar or cemetery sexton shall file all completed final disposition-transit permits with the county recorder in the county where th…

The form of the records, reports, and other information required by this chapter is subject to the approval of and modification by the department of health and human services. In order to maintain uniformity in the system of vital records registration and the system of health sta…

Each record, report, and other information required to be filed under this chapter must have entered upon its face the date of registration duly attested.

1. A birth record for each live birth that occurs in this state must be filed with the state registrar. 2. If a birth occurs in an institution, the person in charge of the institution or a designated representative shall use the department of health and human services' electronic…

1. Whoever assumes custody of a living infant of unknown parentage shall report using the electronic birth registration system or on a form and in the manner prescribed by the state registrar within seven days to the state registrar the following information: a. The date and plac…

1. If the birth of an individual born in this state has not been registered, a birth record may be filed in accordance with the regulations of the department of health and human services. The birth record must be registered subject to such evidentiary requirements as the departme…

When a death occurring in this state has not been registered within the time period specified in section 23-02.1-19, a record may be filed in accordance with regulations of the department of health and human services. 1. Such records must be registered subject to such evidentiary…

1. For each adoption decreed by any court in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. The report must include such facts as are necessary to locate and identify the birth record for the …

1. The state registrar shall establish a new birth record for a person born in this state when the registrar receives the following: a. An adoption report as provided in section 23-02.1-17 or a certified copy of the decree of adoption together with the information necessary to id…

1. A death record for each death that occurs in this state must be filed with the state registrar in accordance with the rules and regulations set forth by the department of health and human services using the electronic death registration system. All registration and issuing of …

1. A fetal death record for each fetal death that occurs in this state after a gestation period of twenty completed weeks or more must be filed with the state registrar. 2. When a fetal death occurs in an institution, the person in charge of the institution or a designated repres…

The state registrar may issue a certified copy of a fetal loss to an individual who experiences a documented miscarriage of birth, if the individual provides to the state registrar a completed fetal loss request form established by the department of health and human services whic…

1. The funeral practitioner who first obtains custody of a dead body or fetus shall obtain a final disposition-transit permit before final disposition or removal from this state of the body or fetus. 2. The final disposition-transit permits must be issued by the state registrar o…

1. The department of health and human services may, by regulation and upon such conditions as it may prescribe to assure compliance with the purposes of this chapter, provide for the extension of the periods of time prescribed in sections 23-02.1-19, 23-02.1-20, and 23-02.1-21 fo…

1. A record of each marriage performed in this state must be filed with the state registrar as provided in this section. 2. The officer who issues the marriage license shall prepare the record on the form prescribed and furnished by the state registrar upon the basis of informati…

1. For each divorce and annulment of marriage granted by any court in this state, a report must be prepared and filed by the clerk of court with the state registrar. The information necessary to prepare the report must be furnished, with the petition, to the clerk of court by the…

1. A record registered under this chapter may be amended only in accordance with this chapter and regulations under this chapter adopted by the department of health and human services to protect the integrity and accuracy of vital records. 2. A record that is amended under this s…

1. The sex designation on a birth record of an individual born in this state may not be amended under section 23-02.1-25 due to a gender identity change. 2. The sex designation on a birth record of an individual born in this state may not be amended or corrected under section 23-…

To preserve original documents, the state registrar is authorized to prepare typewritten, photographic, electronic, or other reproductions of original records and files in the state registrar's office. These reproductions when certified by the state registrar must be accepted as …

Birth, death, and fetal death records, filings, data, or other information related to birth, death, and fetal death records are confidential and may not be disclosed except as authorized under this chapter. The state registrar shall restrict access to all vital records to protect…

In accordance with section 23-02.1-27 and the regulations adopted pursuant thereto: 1. The state registrar shall, upon request of a person entitled to a copy under section 23-02.1-27, issue a certified copy of any record or part of a record in the registrar's custody. Each copy i…

1. The department of health and human services shall prescribe the fees, if any, not to exceed fifteen dollars, to be paid for the following: a. Each certified copy of a record. b. Each certified statement of the facts of birth other than a copy of the original birth record. c. E…

1. Every person in charge of an institution as defined in this chapter shall keep a record of personal particulars and data concerning each person admitted or confined to such institution. This record must include all information required by the standard record of birth, death, a…

Any person having knowledge of the facts shall furnish such information as the person may possess regarding any birth, death, fetal death, marriage, or divorce upon demand of the state registrar.

1. a. Any person who willfully and knowingly makes any false statement in a report, record, or certificate required to be filed under this chapter, or in application for an amendment thereof, or who willfully and knowingly supplies false information intending that such informatio…

This chapter may be cited as the "Health Statistics Act".