(2) Each local registrar shall submit to the department and the county clerk and recorder the name, address, and telephone number of at least one proposed deputy registrar, who may function as a deputy after receiving written authorization from the department to do so. The deputy registrar may function as registrar when the registrar is unavailable.

(3) Each registrar must report to the department and the county clerk and recorder any change in the name, address, or telephone number for the registrar or the deputy registrar.

(4) Before resigning or retiring as registrar, a registrar must send the department notification of the fact and a recommendation for a replacement. A resignation or retirement will be effective the last day of the month the notification is received by the department. The appointment of a replacement registrar will be effective the first day of the month after the replacement receives the appointment letter.

(5) On the fifth day of every month, each local registrar must mail to the department all original certificates, (birth, death, and fetal death) filed with the registrar during the previous month.

In addition to the definitions contained in 50-15-101, MCA, the following definitions apply to this chapter:

(1) "Amendment" means alteration or addition of any item on the face of a vital record after it is on file with the department, in a county clerk and recorder's office, or with a clerk of district court.

(2) "Ashes" which are the result of a cremation of a human body are considered the same as a dead body as defined in 50-15-101(3), MCA.

(3) "Authorized certifier" means, in relation to a certified copy of a vital record, either a county clerk and recorder or a person designated by the department to issue certified copies on its behalf.

(4) "Certified copy" means a document copied or electronically extracted from a vital record filed with the department or from a duplicate copy of that record filed with a county clerk and recorder and that is printed on the department's security paper and contains an attestation by an official designated by the department that the document is a true and correct copy of the information contained in the original vital record.

(5) "Certifying official" means an individual authorized to issue a certified copy of a vital record by the department or a county clerk and recorder.

(6) "Department" means the Department of Public Health and Human Services, Office of Vital Statistics.

(7) "Filing date" means the date a vital record is accepted for registration by the department.

(8) "Literal format" means, in regard to a date, the name of the month spelled out, the numerical day of the month, and the numerical four-digit year, e.g., January 1, 1998.

(9) "Next of kin" means the spouse, parents, adult children, and adult brothers and sisters of a registrant and any other person declared next of kin by a court of competent jurisdiction.

(10) "Registrant" means an individual for whom a vital record is completed and filed, including, for example, the decedent on a death certificate, the person for whom a birth certificate is filed, the husband and wife on a divorce record, and the bride and groom on a marriage record.

(11) "Summary of evidence" means a number assigned to an affidavit, administrative order, or court order which is used to track the evidence provided to amend, correct, or reissue a vital record.

(12) "Supporting documentation" means any document required as evidence for the filing of a delayed vital record or for verification of changes to original data or adding missing data on a filed vital record.

(1) A local registrar accepting a paper vital record for filing shall add the filing date and sign a death, birth, fetal death, or stillborn certificate. The registrar shall forward the original document to the department and one duplicate to the county clerk and recorder as required by 50-15-109, MCA.

(2) The local registrar shall retain one duplicate, which must be easily accessible for reference. The local registrar may not further copy or provide any copies of the retained duplicate.

(3) A registrar must retain for two years each copy of a paper certificate recorded in accordance with 50-15-109, MCA. After two years, the local registrar shall destroy the triplicate copy of the certificates. The destruction of any certificate must be reported in writing to the department.

(4) Submission to and acceptance of an electronic image of a birth, death, or fetal death certificate by the department through the department's approved electronic registration system constitutes an official filing of a record. All certified paper copies generated from electronically filed records must be accepted as though they contain all required signatures.

(5) A paper filing occurs when the local registrar accepts the certificate. An electronic filing occurs when the record passes all validation checks and is assigned a state file number. If both a paper certificate and an electronic filing exist, the electronic filing is considered the original certificate and it must be filed first.

(6) When leaving the position of local registrar, the outgoing registrar must deliver all records, manuals, and materials to the succeeding registrar or to another person designated by the department.

(1) All marriage license applications and birth, death, fetal death, and marriage certificates must be submitted on forms provided or authorized by the department.

(2) Each vital record application and certificate must be typed or plainly written in unfading black ink that is legible on all copies or must be completed using computer printers that produce dense and legible characters in black. The characters entered onto these forms must be adequate for high quality reproduction by microfilming or photocopying and may not contain any alterations or obliteration of the original data.

(3) If the preparation of a certificate or application is so poor as to make the reading of the form difficult or if the entries are not dark enough to reproduce satisfactorily, the registrar shall notify the person who submitted the certificate or application that it is unacceptable. The person who filed the certificate or application must prepare and file a new certificate or application within ten days after receipt of the notification.

(a) trace those parts of the record that are too dim to be microfilmed;

(b) retype the record on a separate form and microfilm the retyped copy; or

(c) copy the original vital record and trace those parts of the record that are too dim to be microfilmed.

(2) If (1) (b) or (c) are employed, the original record must be retained for reference purposes.

(3) In no case may the department or any of its employees change the substance or contents of any vital record.

(4) If the original vital record is illegible and the substance or content cannot definitely be determined, illegible portions must not be retraced, and, if retyped, the copy shall indicate those portions of the original that were illegible.

This rule has been repealed.

(1) Any requested or court ordered amendment to a filed birth or death record must be submitted in writing to the department. On receipt of a request or court order, the department may immediately notify the appropriate county clerk and recorder to suspend the issuance of the affected record until the department issues a letter of correction.

(2) Application for the amendment of marriage applications, licenses, certificates, or marital termination reports (which are not part of the decree) may be made by either party directly to the clerk of district court that issued the marriage license or has on file the marital termination orders. The clerk of district court will make the changes and forward a copy of the corrected document to the department.

(3) Except in those cases specified in (4) and (5), a vital record may only be amended by an order from a court with appropriate jurisdiction, the original data provider, or those persons authorized by 50-15-121(1), MCA.

(4) The demographic information of a death record may be amended by the next of kin, the informant listed on the death certificate, the funeral director, or the person in charge of the final disposition of the body. If any information provided by the informant is disputed after the record has been filed, changes to the demographic data must be made pursuant to an order from a court with appropriate jurisdiction.

(5) Applications to amend the medical certification of cause of death must only be made by the physician who provided the medical certification, or a coroner or state medical examiner if the coroner or medical examiner assumed responsibility for the case. If the cause of death certification is disputed, changes to the cause of death certification must be made pursuant to an order from a court with appropriate jurisdiction.

(6) The department's supervisory staff may amend a vital record when the nature of the amendment is needed to protect the integrity, accuracy, and validity of the record.

(7) A court order that changes a vital record must indicate if an amended or substitute record is to be created. If the court order does not indicate a preference, the record will be amended.

(8) Except as provided in (5) and (6), any subsequent change to information previously amended under this rule requires an order from a court with appropriate jurisdiction.

(1) Except as noted in ARM 37.8.311, a filed original vital record must be amended by placing a line through the information to be deleted and typing the new information above the line. Electronic records must be amended by overlaying the new information on all electronic images of the record used for certified copies. If the change to the record is to add missing or blank information, the added information must be entered in the appropriate location.

(2) Any certified copy of a vital record issued in the state that was amended or corrected within the first year after filing will not be marked "AMENDED"; however, the summary evidence number and the date of the correction will be indicated. Any vital record amended one year or more after the event will be marked "AMENDED" and will contain the summary evidence number and the date the alterations occurred.

(3) The documentation that justifies the amendment of a vital record must be made available upon request to any person receiving a certified copy.

(4) In cases other than those cited in ARM 37.8.311, the department may amend any portion of a vital record if a requestor submits a correction affidavit.

(a) The correction affidavit must include the following information:

(i) the name of the registrant or registrants appearing on the record;

(ii) the date and place of birth, birth resulting in a stillbirth, death, or fetal death;

(iii) the specific items on the record that are to be changed, including the information as presently shown and the proposed corrected information;

(iv) the relationship of the affiant to the registrant;

(v) certification by the affiant that all affected parties concur with the changes; and

(vi) supporting documentation provided by the affiant as irrefutable proof that the amendment(s) are correct.

(b) If not all parties agree to the changes, an order from a court with appropriate jurisdiction is required.

(5) The department will determine the number and suitability of the supporting documentation required as irrefutable proof to sustain the accuracy of the amendment(s).

(6) Supporting documents must not be altered and must meet the following criteria:

(a) For any person under the age of five, the document(s) must be dated at least one year before the date of the application or within the first year of birth.

(b) For any person five years of age or older, the documents must be dated at least five years before the date of application or within three years after the date of birth.

(c) No two documents submitted as evidence may be from the same source.

(7) Upon request, the department will provide a list of suggested supporting documents.

(1) To facilitate and to ensure proper accounting, local registrars shall submit to the department, on a monthly, weekly, or biweekly basis, statements of the certificates that have been filed in the registrar's county. If submitted on a monthly basis, the local registrars shall submit the statements on or before the fifth day of each month. The statements must be recorded on forms supplied by the department, and must indicate the number of birth, death, and fetal death certificates filed in the registrar's county. If no certificates were filed, the statement must so indicate.

(2) Registrars are entitled to a payment of $1 per certificate or monthly report filed.

(1) The fee for a certified copy (photocopy or computer-produced) of a birth certificate, a fetal death certificate, an acknowledgment of paternity, or a delayed birth registration is $12.

(2) The fee for a certified copy (photocopy or computer-produced) of a death certificate is $16 for each copy, including any additional certified copies requested at the same time as the first certified copy.

(3) The fee for an informational copy of a death certificate is $14 for each copy.

(4) The department will charge a fee of $10 per name for a record search within any period of five years or less. If the record is not located, the fee will not be refunded. If the request is for more than five years, an additional fee of $1 per year over the first five years will be charged.

(5) The fee for providing record information for statistical or administrative purposes as allowed by law is $5 for each five-year period per name.

(6) The fee to process a finalized adoption or a rescission of an adoption is $25. A certified copy of the new certificate will be provided for a fee of $12.

(7) The fee to open a court ordered sealed file is $25.

(8) The fee for filing a delayed registration of a vital record is $25. A certified copy of the delayed certificate will be provided for a fee of $12.

(9) The fee for amending or correcting a vital record after one year from the date of filing is $15. A certified copy of the amended record will be provided to the person requesting the amendment or correction for a fee of $12.

(10) The fee for a search of the putative father registry is $10 per name.

(11) The fee to provide electronic copies of index files is $50 per monthly update and $50 for an annual update.

(12) The fee for producing aggregate statistics is $50 per hour for programming and processing if that processing takes more than half an hour's work on existing programs.

(13) The fee for a disinterment permit is $5. The local registrar will collect the fee, $2 of which must be remitted to the department.

(14) Overpayment of a required fee received in the office of vital statistics will be refunded if in excess of $5, and any overpayment of less than $5 will be refunded, if the applicant requests it in writing within one year after the payment to the department.

(1) Anyone who submits a completed state-approved application must provide proof of identification before obtaining a certified or noncertified copy of a vital record.

(2) If a death certificate lists the cause of death as "pending," a certified or noncertified copy will be issued that has the cause of death information removed.

(3) The following people may obtain a certified copy of a birth record:

(a) a registrant, upon establishing the registrant's identity to the satisfaction of the certifying official;

(b) a spouse, child, or parent of a registrant to whom the requested record pertains, upon establishing identification and relationship to the registrant to the satisfaction of the certifying official;

(c) a grandparent whose child is listed as a parent on the grandchild's birth certificate upon establishing identification and relationship to the satisfaction of the certifying official;

(d) a caretaker relative providing a medical authorization affidavit issued under 40-6-501 and 40-6-502, MCA, or an educational authorization affidavit issued under 20-50-503, MCA;

(e) an individual having legal guardianship of the registrant, upon submitting a copy of a legal document showing proof of the guardianship;

(f) an individual who needs a certified copy to protect his or her personal or property rights, upon submitting a notarized or certified document that states that the applicant is required to obtain a certified copy in order to protect the applicant's personal or property rights; or

(g) an authorized representative of the registrant, or an authorized representative of the spouse, child, parent, or legal guardian of a registrant, upon establishing their identity to the satisfaction of the certifying official.

(4) The following people may not receive a copy, certified or uncertified, of a registrant's birth records:

(a) a former spouse whose marriage to the registrant was terminated through divorce, annulment, or invalidation unless the former spouse can demonstrate a need to protect individual or property rights; or

(b) a natural parent of an adopted child when the parent does not have parental rights to that child.

(5) Birth certificates may be released to the public no earlier than 30 years after the date of birth. Only noncertified copies will be released.

(6) A certified copy of certificate of birth that resulted in a stillbirth may only be issued to the following:

(a) either parent if listed on the certificate; or

(b) those persons listed in 50-15-121(1), MCA, upon receipt of an order from a court with appropriate jurisdiction.

(7) Informational noncertified copies of a certificate of a birth that resulted in a stillbirth may be released to the public no earlier than 30 years after the date of delivery.

(8) A clerk of the district court may issue a certified copy of a marriage or marital termination record to anyone listed in (3) after receiving a completed application for the record and establishing the identity of the requestor and the requestor's relationship to the registrants.

(9) A certifying official may not file, issue or certify a copy of a vital record from another state or country.

(10) Unless authorized by the department, a county certifying official may not provide a copy, certified or otherwise, of a birth certificate in the official's custody to another county's certifying official for filing.

(1) Each application for a certified copy of a vital record should be on a department-approved application form. Written applications not using the department-approved application form must contain the applicant's name, signature, address, and the purpose for which the certified copy is needed. All applications must include either a copy of the requestor's valid identification, or the requestor's signature on the application must be notarized.

(2) For a certified or noncertified copy of a birth record, in addition to the requirements of (1), the request must include:

(a) the registrant's full name and date of birth;

(b) the place (town or rural location, and county) of birth;

(c) the mother's full maiden name (first, middle, and last);

(d) the father's full name, if available; and

(e) the applicant's relationship to the registrant.

(3) For a certified or noncertified copy of a death record, in addition to the requirements of (1), the application must include:

(a) the registrant's full name;

(b) the date of death; and

(c) the county of death.

(4) Upon request, the department will provide a list of acceptable forms of identification needed from the requestor.

(1) Each certified copy of a vital record issued in Montana must include:

(a) the date the copy is issued;

(b) the name of the authorized certifier;

(c) the signature of the authorized certifier or a facsimile approved by the certifier; and

(d) the seal (raised or embossed) of the issuing agency or office.

(2) Each certified birth record must include, in addition to the items in (1):

(a) the given name of the registrant;

(b) the surname of the registrant along with any generational identifiers present on the original filed document such as Jr., Sr., etc.;

(c) the date of birth, in literal format (e.g., January 1, 1990);

(d) county of birth;

(e) sex;

(f) the date the original record was filed, in literal format; and

(g) the names of the registrant's parents. If the mother's or father's name is not included on the filed document, the phrase "NOT RECORDED" must be displayed on the certified copy where the mother's or father's name would normally appear; and

(h) if the registrant of a birth record is deceased, each copy must clearly indicate "DECEASED" on the face of the copy.

(3) Each certified death record must include, in addition to the items in (1):

(a) the given name of the registrant;

(b) the surname of the registrant along with any generational identifier present on the original filed document such as Jr., Sr., etc.;

(c) the date of death in literal format;

(d) the date of birth in literal format;

(e) the county of death;

(f) the sex; and

(g) the date the record was filed, in literal format.

(4) Each certified copy of a birth that resulted in a stillbirth record must include, in addition to the items in (1):

(a) the full given name of the registrant if provided on the record;

(b) the surname of the registrant along with any generational identifier present on the original filed document such as Jr., Sr., etc.;

(c) the date of delivery in literal format;

(d) the county of delivery;

(e) the sex; and

(f) the date the record was filed, in literal format.

(5) Noncertified copies of a certificate must:

(a) be printed on white nonsecurity paper;

(b) at the top of the certificate, be stamped "FOR INFORMATIONAL PURPOSES ONLY";

(c) not contain a raised seal or any statement that will certify the copy as true; and

(d) not be signed.

(1) With the exception noted in (2), all certified copies of birth, death, and fetal death records must be issued on paper that contains the following security features:

(a) sensitized security paper;

(b) background security design;

(c) copy-void pantograph;

(d) consecutive numbering;

(e) prismatic printing;

(f) complex colors;

(g) watermark;

(h) intaglio border; and

(i) embossed hologram.

(2) Any alternate method of issuing a certified copy must be approved by the department, in writing, before its official use.

(3) Each certified copy of a vital record issued in Montana must contain the heading "STATE OF MONTANA" centered at the top of the copy, and, if issued by a county clerk and recorder, a centered heading naming the county of issuance immediately below the "STATE OF MONTANA" heading.

(4) Each certified copy of a vital record issued in Montana must contain the following certification and issuance statements at the bottom:

This certifies that this document is a true duplication of the original information on file with the Department of Public Health and Human Services.

Signature or facsimile  Certifying official's title

(1) A certificate of birth for every child born in Montana must be completed and filed within ten calendar days after the date of birth.

(2) If a birth occurs in a health care facility, the certificate must be filed by the attending physician, physician's designee, the person in charge of the health care facility, or the designee of that person.

(3) If a birth occurs en route to a health care facility, the person in charge of the health care facility or that person's designee must prepare and file the birth certificate in accordance with 50-15-221(3), MCA.

(4) With the exception of a birth that occurs en route to a health care facility, if a birth occurs somewhere other than in a health care facility, a birth certificate must be prepared and filed by the person indicated by 50-15-221(4), MCA, along with a signed and notarized affidavit stating:

(a) the state and county of the birth;

(b) the name of the person or persons, if any, in attendance at the birth;

(c) the child's given names and surname, sex, hour, date, and place of birth; and

(d) the father's full name, if available, and the mother's full maiden name.

(5) If no one in attendance at the birth is available, the local registrar will comply with 50-15-202, MCA, and complete the certificate using information obtained with reasonable certainty.

(6) All births must be filed using either a current paper form or Montana's Electronic Birth Registration System.

(7) The information in the section of a birth certificate labeled "information for medical and health use only" is provided to the department only, and is neither considered to be nor certified as part of the legal birth certificate.

(8) All dates must be in literal format (e.g., January 1, 2000, instead of 1-1-00).

(9) If a birth occurs somewhere other than in a health care facility and is not attended by a physician or a licensed midwife, and the birth certificate is filed before the first birthday, additional evidence in support of the facts of the birth is required. A certificate for the birth must be completed and filed by the individual responsible for filing the certificate as stated in 50-15-221(4), MCA, and include evidence of the pregnancy, evidence that the infant was born alive, and evidence the birth occurred within this state, as stated in (10) through (12).

(10) Evidence of a pregnancy is:

(a) a prenatal record;

(b) a statement from a physician or other health care provider qualified to determine pregnancy;

(c) a report of a home visit by a public health nurse or other health care provider that indicates the mother was pregnant at the time of the visit; or

(d) other evidence acceptable by the department.

(11) Evidence that the infant was born alive includes:

(a) a statement from the physician or other health care provider who saw or examined the infant;

(b) an observation of the infant during a home visit by a public health nurse; or

(c) other evidence acceptable to the department.

(12) Evidence of the mother's presence in Montana on the date of birth includes:

(a) if the birth occurred in the mother's residence:

(i) a driver's license or a state-issued identification card that lists the mother's current residence;

(ii) a rent or mortgage receipt dated near the date of birth that includes the mother's name and address;

(iii) any type of utility, telephone, or other bill dated near the time of birth that includes the mother's name and address; or

(iv) other evidence acceptable to the department.

(b) if the birth occurred outside of the mother's place of residence and the mother is a resident of Montana, such evidence must consist of:

(i) an affidavit from the tenant of the premises where the birth occurred, that the mother was present on those premises at the time of birth;

(ii) evidence of the affiant's residence similar to that required in (12)(a)(i);

(iii) evidence of the mother's residence in the state similar to that required in (12)(a)(i); or

(iv) other evidence acceptable to the department.

(13) If the mother is not a resident of Montana, such evidence must consist of clear and convincing evidence acceptable to the department.

(14) The department will determine the acceptability of all documentary evidence submitted in support of a birth outside a health care facility. Documents presented must be in the form of the original record or a duly certified copy thereof or a notarized signed statement from the custodian of the record attesting to the accuracy of the record.

(1) Before a mother who recently gave birth in or en route to a health care facility leaves the facility in which the birth occurred, the health care facility administrator or the administrator's authorized designee shall present a completed birth certificate to a parent of the child so they may verify the information contained in the birth certificate. When the parent agrees that the information is correct, the parent shall sign the certificate after the words "I certify that the personal information provided on this certificate is correct to the best of my knowledge and belief." If the information is not correct, the birth certificate must be redone with the correct information and presented again to the parent for signature.

(2) A parent's informational copy (not a certified copy) of the birth certificate must be given to the parent at the time he or she signs the certificate.

(3) If a birth occurs outside of a health care facility, the person responsible for certifying the live birth and filing the birth certificate under the provisions of 50-15-221 (4) , MCA, must fulfill the same duties as those specified in (1) and (2) for a health care facility administrator.

(2) The birth must be filed on a Montana delayed birth registration form available from the department.

(3) The person filing the form must submit to the department documents proving the applicant's name, the date and place of birth and the applicant's parents' names. Documentation of the name of the applicant and the date and place of birth must be supported by at least the following:

(a) if the record is filed within five years after the date of birth, either a health care facility record created at the time of birth and two pieces of documentary evidence meeting the requirements of (4) or, if a health care facility record is not available, three pieces of such documentary evidence; or

(b) if the record is filed five years or more after the date of birth, three pieces of documentary evidence meeting the requirements of (5) .

(4) For any person under the age of five, the documents must be dated at least one year before the date of the application or within the first year of birth.

(5) Any document submitted in evidence for any person five years of age or older must be dated at least five years before the date of application or within three years after the date of birth.

(6) No two of the documents submitted as evidence may be from the same source and only one document may be a sworn affidavit. A sworn affidavit must state the date and place of birth of the applicant, establish the age of the affiant and the fact that the affiant was present at the birth and be signed by a person who is at least 10 years older than the applicant for the delayed birth certificate.

(7) Of the documents that are not sworn affidavits, at least one must establish the place, month, day and year of birth; one must establish the town or county and state of birth; and they must establish the full names of both parents, including the mother's maiden name.

(8) Only official copies of documents will be accepted. Affidavits from notary publics that they have examined documents will not be accepted in lieu of official documents. Altered documents will not be accepted.

(9) If an application for a delayed birth certificate is incomplete or does not meet the department's issuance criteria as listed above, the department shall notify the applicant of:

(a) the problems;

(b) the procedures necessary to rectify the problems; and

(c) the right to seek an order from a court of competent jurisdiction to obtain registration of the delayed birth certificate.

(10) If, after notification, the application is not actively pursued for a period of 180 days, the application and supporting documents will be returned to the applicant and a new fee, application and supporting documentation will be required to reapply.

(1)  Upon request by either parent made in accordance with the requirements of 50-15-209, MCA, and this rule, the department will issue a certificate of nonviable birth. 

(2)  All requests for issuance of a certificate of nonviable birth must be made by completing the department's Application for Certificate of Nonviable Birth (version 1.0) form, which the department adopts and incorporates by reference. The form is available electronically at www.dphhs.mt.gov/vitalrecords/vitalrecordsforms or by contacting the Office of Vital Records at P.O. Box 4210, Helena, MT, 59604, 406-444-2685.

(1) Upon request by either parent, a certificate of birth resulting in a stillbirth must be filed within ten calendar days after the date of the delivery or the date the certificate was requested to be filed. If the delivery meets the definition of a stillbirth as defined in 50-15-101, MCA, the person in charge of the final disposition of the fetus must file a properly completed Montana Certificate of Fetal Death.

(2) If a stillbirth delivery occurs in Montana and a certificate of fetal death has not been filed, additional evidence must be provided to support the facts of the pregnancy, that the delivery resulted in a stillbirth, and that the delivery occurred within this state.

(3) Acceptable examples of evidence of pregnancy include the following:

(a) prenatal record;

(b) a statement from a physician or other health care provider qualified to determine pregnancy;

(c) a report of a home visit by a public health nurse or other health care provider that indicates that the mother was pregnant at the time of the visit; or

(d) other evidence acceptable by the department.

(4) Evidence that the birth was stillborn includes the following:

(a) a completed and filed Montana Certificate of Fetal Death;

(b) a statement from the physician or other health care provider who saw and examined the stillborn child; or

(c) other evidence acceptable to the department.

(5) Evidence of the mother's presence in Montana on the date of delivery includes the following:

(a) if the delivery occurred in the mother's residence:

(i) a driver's license or a state-issued identification card that lists the mother's current residence;

(ii) a rent or mortgage receipt that includes the mother's name and address;

(iii) any type of utility, telephone, or other bill that includes the mother's name and address; or

(iv) other evidence acceptable to the department.

(b) if the delivery occurred outside of the mother's place of residence and the mother is a resident of Montana, such evidence must consist of:

(i) an affidavit from the tenant of the premises where the delivery occurred stating that the mother was present on those premises at the time of delivery; and

(ii) evidence of the affiant's residence similar to that required in (5)(a); and

(iii) evidence of the mother's residence in the state similar to that required in (5)(a); or

(iv) other evidence acceptable to the department.

(6) If the mother is not a resident of Montana, proof that a stillbirth occurred in Montana outside of a health care facility must consist of clear and convincing evidence acceptable to the department.

(7) The department shall determine the acceptability of all documentary evidence submitted in support of a stillbirth that occurred outside of a health care facility.

(8) Documents presented must be in the form of the original record or a duly certified copy thereof or a notarized signed statement from the custodian of the record or document attesting to the accuracy of the record.

This rule has been repealed.

(a) the child's name (before adoption) , sex, date and place of birth, and names of natural parents;

(b) name, date and place of birth and residence of adoptive parents at the time of the child's adoption;

(c) the name of the child as set forth in the adoption decree;

(d) name and address of the attorney or agency handling the adoption;

(e) if this is a stepparent adoption or single parent adoption, indication of that fact; and

(f) certification by the clerk of a district court.

(2) Once a registrar has been notified of an adoption, the registrar must send all original birth documents to the department within 30 days.

(1) The department will replace the original birth certificate with a new one without indicating that the information was amended in cases of adoption, a determination of paternity, an acknowledgment of paternity, or legitimation.

(2) In order to establish the replacement certificate, the department must be provided with the following:

(a) For an adoption:

(i) a certified copy of the certificate of adoption; and

(ii) a certified copy of the final order of adoption.

(b) For a legitimation:

(i) a notarized Acknowledgement of Paternity for Legitimation; and

(ii) a certified copy of the marriage certificate.

(c) For a court order establishing paternity:

(i) a certified copy of the court order establishing paternity under 40-6-123, MCA, which must contain:

(A) the child's name as it appears on the original certificate;

(B) the child's date and county of birth; and

(C) the full name, date of birth, and place of birth of the father being placed on the certificate.

(d) For an acknowledgement of paternity when the last name of the child is being changed:

(i) a notarized Acknowledgement of Paternity signed by both parents; and

(ii) a notarized request for a new certificate signed by both parents.

(3) Once paternity has been established, the registrant's last name may only be changed through an adoption, legitimation, or court order.

(4) Except in the cases specified in ARM 37.8.108, the amendment of a registrant's given name or surname on a birth certificate may be made only if the department receives a certified copy of an order from a court with appropriate jurisdiction. The court order that directs the name change must include the registrant's name as it appears on the certificate, the registrant's date of birth, the county of birth, if available, and information sufficient to locate and identify the record to be amended. If the court order directs the issuance of a new certificate, the record will not show amendments, and the new certificate will not indicate on its face that it was amended. The procedure to add a first name, middle name, or both, to a birth record that is more than one year old, as in the case when a child is not named at birth, is regulated under ARM 37.8.108.

(5) For any period in which the department is subject to an injunction against enforcement of S.B. 280, codified at 50-15-224, MCA, or S.B. 280 is held invalid, (5)(b) applies. Otherwise, (5)(a) applies.

(a) The sex of a registrant as cited on a certificate may be amended only if the department receives a certified copy of an order from a court with appropriate jurisdiction indicating that the sex of an individual born in Montana has been changed by surgical procedure. The order must contain sufficient information for the department to locate the original record.  If the registrant's name is also to be changed, the order must indicate the full name of the registrant as it appears on the original birth certificate and the full name to which it is to be amended.  If the order directs the issuance of a new certificate that does not show amendments, the new certificate will not indicate on its face that it was amended.  If the sex of an individual was listed incorrectly on the original certificate, refer to ARM 37.8.108.

(b) The sex of a registrant as cited on a certificate may be corrected only if:

(i) the sex of an individual was listed incorrectly on the original certificate as a result of a scrivener's error or a data entry error, and the department receives a correction affidavit and supporting documents, consistent with ARM 37.8.108(4), (5), and (6), including a copy of the records of the health care facility or attending health care professional, contemporaneous to the birth, that identify the sex of the individual, with an affidavit from the health care facility or professional attesting to the date and accuracy of the records; or

(ii) the sex of the individual was misidentified on the original certificate and the department receives a correction affidavit and supporting documents, consistent with ARM 37.8.108(4) and (5), including a copy of the results of chromosomal, molecular, karyotypic, DNA, or genetic testing that identify the sex of the individual, together with an affidavit from the health care facility, health care professional, or laboratory testing facility that conducted the test and/or analyzed the test results, attesting to the test results and their accuracy.

(a) the names and places of birth of the parents of each party;

(b) the date and place of the marriage, the name of the officiant, and whether it will be a religious or civil ceremony.

(2) The marriage license application form must indicate whether the parties are related to each other, and if so, the relationship.

(3) The marriage license application form must also contain the following information, for the benefit of local officials:

(a) whether prior applications were rejected, and if so, why;

(b) whether either party is under the influence of intoxicating liquor or narcotic drugs;

(c) the future address and telephone number of the parties;

(d) the certification by the parties of the foregoing information; and

(e) signature of the judge where required, and notarization by the clerk of court.

This rule has been repealed.

(1) A certificate of death for each death that occurs in Montana must be completed and filed using either a current Montana certificate of death form or Montana's Electronic Death Registration System.

(2) Death certificate forms may be obtained from the department or printed using commercial computer software that produces the approved form.

(3) The person in charge of the final disposition of the dead body must present the death certificate to the physician, advanced practice registered nurse, or coroner for cause of death certification within three working days after being notified of the death or receiving the authorization for removal, transportation, and final disposition of a dead body, which ever occurs first.

(4) The certifying physician, advanced practice registered nurse, or coroner must complete and return the death certificate to the person in charge of the final disposition of the body within 48 hours of receipt. If the cause of death certification is pending results, then the cause of death must be listed as "pending." When the final results are received, they must be sent to the department using a correction affidavit.

(5) The certifying physician, advanced practice registered nurse, or coroner may only certify and amend the date of death, time of death, place of death, or cause of death data. A certifying physician, advanced practice registered nurse, or coroner aware of errors in the demographic data must notify the person in charge of final disposition of the body of any errors.

(6) For the purpose of the death certificate, any professional registered nurse licensed by the state of Montana may provide pronouncement of death information.

(7) The person in charge of final disposition of a body may only certify the demographic data on the death certificate. The person in charge of final disposition of a body aware of errors in the cause of death data must notify the certifying physician or coroner of the error.

(8) Within ten calendar days after the date of the death or the date it was first discovered, the person in charge of final disposition of a body must file a properly completed death certificate with the local registrar of the county where the death occurred.

(1) A fetal death certificate must be completed and filed as specified in 50-15-403, MCA, using a Montana certificate of fetal death form.

(2) Fetal death certificate forms must be obtained from the department.

(3) The person in charge of the final disposition of the body of a fetus must present the fetal death certificate to the physician, advanced practice registered nurse, or coroner for cause of death certification within three working days after being notified of the death or receiving the authorization for removal, transportation, and final disposition of a dead body, whichever occurs first.

(4) The certifying physician, advanced practice registered nurse, or coroner must complete and return the fetal death certificate to the person in charge of final disposition of the fetal body within 48 hours after receiving the certificate. If the cause of fetal death is pending, then the cause of death on the certificate must be listed as "pending." When the final results are received, they must be sent to the department using a correction affidavit.

(5) The certifying physician, advanced practice registered nurse, or coroner may only certify and amend the date, hour, and place of delivery; cause of death data; or medical and health information on a fetal death certificate. A certifying physician, advanced practice registered nurse, or coroner who is aware of any error in the demographic data must notify the person in charge of final disposition of the body of the fetus of the error.

(6) The person in charge of final disposition of the body of a fetus may only certify the demographic data on the fetal death certificate. The person in charge of final disposition of the body of a fetus who is aware of an error in the cause of death data must notify the certifying physician, advanced practice registered nurse, or coroner of the error.

(7) Within ten calendar days after the date of the fetal death or the date it was first discovered, the person in charge of final disposition of the body of the fetus must file a properly completed fetal death certificate with the local registrar of the county where the death occurred.

(2) The provisions of (1) apply in the case of deaths from the diseases listed in ARM 37.114.203.

(3) Persons in charge of interment are responsible for the strict observance of the regulations of the department relative to the burial of bodies dead of communicable diseases.

(1) Only a Montana district court with appropriate jurisdiction may order a birth or a death certificate be filed for a birth or a death that occurred within Montana.

(2) A local registrar may not complete a court ordered birth certificate. The court order must be submitted directly to the department, whereupon a certificate will be prepared and placed on file.

(3) A local registrar may not complete a court ordered death certificate. The court order must be submitted directly to the local coroner, who will prepare and file the certificate with the department.

(4) When a court order from a Montana district court with appropriate jurisdiction directs the preparation and filing of a birth certificate, the information necessary to complete the certificate must be specified in the order.

(5) When a death is legally presumed but not confirmed, as in the case where the body has not been found, a death certificate may be filed only by the order of a Montana district court with appropriate jurisdiction directing the local coroner to prepare and file a death certificate with the department and specifying the information necessary to complete the certificate.

(a) insofar as possible, the decedent's full name or, in the case of a fetal death, the full name of the mother;

(b) the place of death, including city, county, name and address of facility if applicable, address of a place which is not a named facility or the specific geographic location if an address does not exist;

(c) the date death occurred or was first discovered or date of delivery if a fetal death;

(d) a signed and dated authorization statement along with, if applicable, a signed and dated certification of oral authorization;

(e) a signed and dated statement of assumption of responsibility for filing the death or fetal death certificate; and

(f) social security number of the decedent.

(2) The physician, physician's designee, coroner having jurisdiction or mortician who authorizes the removal of a dead body or the remains of a fetal death from the place of death must complete a dead body removal authorization on the department's form and, before or at the time of removal, if the person authorizing removal is:

(a) a physician or physician's designee, give all three copies of the form to the person in charge of disposition;

(b) a coroner or mortician, retain a copy of the completed form and give the other two copies to the person in charge of disposition, unless (2) (c) applies; or

(c) also the person in charge of disposition, retain all three copies and comply with (3) .

(3) The person who removes a dead body or the remains of a fetal death from the place of death must retain a copy of the completed department dead body removal authorization form for that removal and mail or otherwise deliver the remaining copy or copies to the local registrar within 48 hours of the body's removal.

(4) If the registrar receives more than one copy of a completed dead body removal authorization form, he must retain one copy and provide the other copy to the coroner having jurisdiction.

(a) the registrar has received a completed dead body removal authorization form for a decedent but does not receive a death or fetal death certificate, whichever is appropriate, for the same decedent within 10 days after the death occurred or was discovered.

(b) the registrar has received a death or fetal death certificate for a decedent but has not received a dead body removal authorization form for that same decedent.

(1) A disinterment permit must be completed and filed using a department disinterment permit form.

(2) Disinterment permit forms are available from the local registrar and will be provided to the registrar by the department.

(3) The request for disinterment must be made by the decedent's next of kin, by an order from a Montana district court with appropriate jurisdiction, or by a public official authorized by law to make such a request. The endorsement on the permit must indicate the source of authority for the request and reasonable cause for the disinterment. If there is a dispute about a disinterment, and all affected parties do not concur, an order from a Montana district court with appropriate jurisdiction directing the disinterment is required.

(4) The permit consists of five copies that must be distributed as follows:

(a) The original copy must accompany the body for use by the receiving cemetery or crematory.

(b) A copy must be retained by the cemetery where the disinterment occurs, by the applicant to whom the permit is issued, and by the local registrar.

(c) A copy must be sent to the department.

(5) To facilitate and assure proper accounting, the department may issue prenumbered permit forms to local registrars as required.

(2) The requirements of Title 50, chapter 15, MCA, shall be literally enforced. Hospitals, other institutions, doctors offices, morticians, communal colonies and all other persons responsible for the generation or recording of vital statistics shall furnish such information or reports as required by Title 50, chapter 15, MCA, or the rules of the department.

(1) The following tumors are designated as reportable:

(a) malignant neoplasm, with the exception of a basal or squamous carcinoma of the skin;

(b) skin cancer of the labia, vulva, penis or scrotum;

(c) benign tumor of the brain, including a:

(i) meningioma (cerebral meninges);

(ii) pinealoma (pineal gland); or

(iii) adenoma (pituitary gland);

(d) carcinoid tumor, whether malignant, benign or not otherwise specified (NOS).

(2) A benign tumor other than one of those listed in (1) may be reported to the department for inclusion in the tumor registry if prior approval has been obtained from the Department of Public Health and Human Services, Public Health and Safety Division, Montana Central Tumor Registry, 1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951.

(3) A tumor which is otherwise reportable, but has been diagnosed and recorded using the words "apparently", "appears", "comparable with", "compatible with", "consistent with", "favors", "malignant appearing", "most likely", "presumed", "probable", "suspected", "suspicious", or "typical of" with reference to that tumor is considered reportable.

(4) In order for the department to maintain current reporting, hospitals and physicians shall submit to the department information on reportable tumors within six months from the first inpatient or outpatient date that the patient was seen with cancer; independent laboratories shall submit to the department information on reportable tumors within six months from the date the laboratory service associated with the tumor was rendered.

(1) Whenever a hospital initially provides medical services to any patient relating to a tumor designated as reportable by ARM 37.8.1801, it must collect, record, and make available to the department the following information about that patient:

(a) name and current physical address of patient;

(b) patient's physical address at time of diagnosis;

(c) social security number;

(d) name of spouse, if any;

(e) phone number;

(f) race, Hispanic origin if applicable, sex, and marital status;

(g) age at diagnosis, place of birth, and month, day, and year of birth;

(h) name, address, and phone number of friend or relative to act as contact, plus relationship of that contact to patient;

(i) date and place of initial diagnosis;

(j) primary site of tumor (paired organ);

(k) sequence of primary tumors if more than one;

(l) other primary tumors;

(m) method of confirming diagnosis;

(n) histology, including dates, place, histologic type and slide number;

(o) summary staging, including whether in situ, localized, regional, distant or unstaged, with no information, or whether AJCC or TNM staging is utilized, and, if so, the findings of this staging;

(p) description of tumor and its spread, if any, including size in centimeters, number of positive nodes, number of nodes examined and site of distant metastases;

(q) procedures done to diagnose or stage tumors including dates, procedures, and results (such as physical exams, scopes, x-rays, scans, or lab tests);

(r) cumulative summary of all first course therapy directed at the subject tumor, including:

(i) date of therapy;

(ii) specific type of surgery or radiation therapy, if any, and details of chemical, hormonal, or other kinds of treatment; and

(iii) if no therapy given, reason for lack of therapy.

(s) status at time of latest recorded information, i.e., whether alive or dead, tumor in evidence, or recurring, or status unknown;

(t) if recurrence of tumor, date, type, and distant sites of first recurrence;

(u) names of physicians primarily and secondarily responsible for follow up;

(v) date of each follow up;

(w) if patient has died, date of death, place, cause, and whether autopsy performed;

(x) primary payer at diagnosis;

(y) usual occupation and industry; and

(z) tobacco and alcohol use history.

(2) As used in this rule, "first course therapy" includes all methods of treatment recorded in the treatment plan and administered to the patient before disease progression or recurrence.

(1) Whenever a patient for whom information has been provided to the tumor registry is admitted to the hospital providing the information on an inpatient or outpatient basis for further treatment related to the tumor for which original registration in the tumor registry was made, the hospital must keep on file the following information:

(a) patient's name, noting any change from previous records;

(b) any paired organ involvement, noting sequence;

(c) subsequent histology, including dates, place, histology type, slide number and procedure;

(d) date, type of procedure and findings of any surgery or other exploratory measure;

(e) date and type of any administration of radiation;

(f) date of any administration of hormones, chemotherapy, immunotherapy or any other kind of treatment;

(g) date of death and/or last follow up;

(h) if death has occurred, the place, cause and whether an autopsy was performed;

(i) if an autopsy was performed, its findings pertaining to cancer;

(j) status at time of latest recorded information, i.e., whether alive or dead, tumor in evidence, or has recurred, or status is unknown;

(k) if recurrence of tumor, date, type, and distant sites of first recurrence; and

(l) names of those physicians primarily and secondarily responsible for follow up treatment.

(1) Whenever a clinical laboratory which is not owned or operated by a hospital provides laboratory services for any patient relating to a tumor designated as reportable by ARM 37.8.1801, it must collect, record, and make available to the department the following information about that patient:

(a) name and current address of patient;

(b) patient's address at time of diagnosis;

(c) social security number;

(d) name of spouse, if any;

(e) race, sex, and marital status;

(f) age at diagnosis, month, day, and year of birth;

(g) date and place of initial diagnosis;

(h) primary site of tumor (paired organ);

(i) sequence of primary tumors, if more than one;

(j) method of confirming diagnosis;

(k) histology, including dates, place, histologic type, and slide number;

(l) summary staging, including whether in situ, localized, regional, distant or unstaged, with no information, or whether AJCC or TNM staging is utilized, and, if so, the findings of the staging;

(m) description of tumor and its spread, if any, including size in centimeters, number of positive nodes, number of nodes examined, and site of distant metastasis;

(n) status at time of latest recorded information, i.e., whether alive or dead, tumor in evidence, or recurring, or status unknown; and

(o) names of physicians primarily and secondarily responsible for follow up.