2005 Nevada Revised Statutes - Chapter 440 — Vital Statistics

CHAPTER 440 - VITAL STATISTICS

GENERAL PROVISIONS

NRS 440.010 Boarddefined.

NRS 440.020 Deadbody defined.

NRS 440.025 Humanremains and remains defined.

NRS 440.030 Livebirth defined.

NRS 440.040 Personin charge of interment defined.

NRS 440.050 Physiciandefined.

NRS 440.060 StateRegistrar defined.

NRS 440.070 Stillbirthdefined.

NRS 440.080 Vitalstatistics defined.

NRS 440.085 Chapterinapplicable to remains of native Indian.

NRS 440.090 Requisitesof certificates.

NRS 440.100 Personsrequired to furnish information.

STATE ADMINISTRATION

NRS 440.110 StateRegistrar of Vital Statistics.

NRS 440.120 Regulationsof State Board of Health concerning registration; enforcement by StateRegistrar.

NRS 440.130 Preparationand distribution of forms and blanks; charge for blank certificate.

NRS 440.135 Formfor reporting divorce or annulment of marriage: Preparation; contents;distribution.

NRS 440.140 Preparationand issuance of instructions; use of other forms and blanks prohibited.

NRS 440.150 Examinationand supplementation of certificates.

NRS 440.160 Preservationand indexing of certificates.

NRS 440.165 Reproductionof original records and files.

NRS 440.170 Recordsopen to inspection; use of data restricted.

NRS 440.175 Statisticalinformation; limitation on preparation or issuance of certain documents;charging certain fees to homeless persons prohibited; remittance required forissuing copies.

LOCAL ADMINISTRATION

NRS 440.190 Countyhealth officer as registrar.

NRS 440.200 Furnishingblank certificates.

NRS 440.210 Certificatesof birth and death: Examination by local health officer.

NRS 440.220 Certificatesof birth and death: Enforcement of requirements by local health officer.

NRS 440.230 Certificatesof birth and death: Numbering; attestation of date of filing by local healthofficer.

NRS 440.240 Certificatesof birth and death: Preservation of copies by local health officer.

NRS 440.250 Certificatesof birth and death: Filing by deputy county health officer; filing of list ofdeceased persons with public administrator.

NRS 440.260 Certificatesof birth and death: Time for delivery to State Registrar.

REGISTRATION OF BIRTH

NRS 440.270 Immediateregistration required.

NRS 440.280 Dutyof registering birth: Persons required to file; time for filing; requiredinformation.

NRS 440.283 Voluntaryacknowledgment of paternity: Board to develop and distribute affidavits;certain entities to provide services.

NRS 440.287 Rescissionof affidavit for voluntary acknowledgment of paternity.

NRS 440.290 Certificateof birth: Form and contents.

NRS 440.300 Certificateof birth: Supplemental report of name required for unnamed child.

NRS 440.303 Certificateof birth: Replacement of certificate written in foreign language; applicationfor and preparation of new certificate written in English.

NRS 440.305 Certificateof birth: State Registrar to change name on certificate upon request of certainpersons.

NRS 440.310 Certifiedreports and other documents pertaining to adoption: Duties of State Registrar;opening of sealed documents upon order of court.

NRS 440.315 Certificateof birth: Removal of notation of illegitimacy; application for and issuance ofnew certificate.

NRS 440.325 Certificateof birth: Issuance of new certificate upon establishment of paternity;availability of record on court order; availability of records to Division ofWelfare and Supportive Services of Department of Health and Human Services.

NRS 440.327 Certificateof birth: Requests for certificates of certain missing children.

NRS 440.330 Registrationof foundling; contents of report.

NRS 440.340 Registrationof stillborn children.

RECORDS REGARDING DEATH AND DISPOSITION OF REMAINS

NRS 440.350 Formand contents of certificate of death or stillbirth.

NRS 440.360 Authenticationof personal and statistical information concerning certificate.

NRS 440.370 Signaturerequired on statement of facts concerning disposition of body.

NRS 440.380 Medicalcertificate of death: Signature; contents.

NRS 440.390 Certificateof stillbirth.

NRS 440.400 Useof indefinite or unsatisfactory terms.

NRS 440.410 Mannerof defining cause of death.

NRS 440.415 Pronouncementof death by registered nurse or physician assistant: Conditions; release ofbody; regulations.

NRS 440.420 Dutiesof funeral director, health officer and coroner when death occurs withoutmedical attendance.

NRS 440.430 Dutiesof coroner.

NRS 440.433 Noticeto parents or guardian of autopsy upon body of minor; placement of internalorgans.

NRS 440.435 Deathcaused by sudden infant death syndrome: Ordinance may authorize postmortemexamination; duties of coroner.

NRS 440.437 Deathcaused by sudden infant death syndrome: Report by State Registrar.

NRS 440.440 Dutiesof funeral director and sheriff upon death of unknown person.

NRS 440.450 Prerequisitesto disposal of body.

NRS 440.460 Personaland statistical information.

NRS 440.470 Presentationof certificate.

NRS 440.480 Statementas to disposition of body.

NRS 440.490 Presentationof completed certificate of death to local registrar.

NRS 440.495 Notificationof county clerk or registrar of voters.

NRS 440.500 Burialand removal permits: Issuance; contents; death from infectious, contagious orcommunicable disease.

NRS 440.510 Contentsof burial permit.

NRS 440.520 Dispositionof burial or removal permit.

NRS 440.530 Burialpermit to accompany body.

NRS 440.540 Necessityfor permit to inter more than 72 hours after death; removal of body to anotherregistration district.

NRS 440.550 Bodytransported from another state.

NRS 440.560 Intermentwithout burial permit prohibited.

NRS 440.570 Validityof burial permit in another district.

NRS 440.580 Signature,endorsement and return of permit.

NRS 440.590 Recordsof interments.

RECORDS OF MARRIAGE

NRS 440.595 Filingwith State Registrar; duties of county recorder and State Registrar.

NRS 440.600 Countyclerk required to report number of marriage licenses issued.

RECORDS OF DIVORCE AND ANNULMENT OF MARRIAGE

NRS 440.605 Reportsto be filed by clerk of district court with State Registrar; fees.

CERTIFICATES AS EVIDENCE; DELAYED OR ALTERED CERTIFICATES

NRS 440.610 Certificateas prima facie evidence.

NRS 440.620 Proofrequired for filing of delayed certificate.

NRS 440.630 Procedurefor delayed or altered certificates.

NRS 440.640 Delayedor altered certificates as evidence.

CERTIFIED COPIES OF RECORDS; FEES OF STATE AND LOCALREGISTRARS

NRS 440.650 Issuanceof certified copy of certificate; limitation.

NRS 440.660 Certifiedcopy of record of birth or death is prima facie evidence.

NRS 440.670 Abstractedbirth certificate: Issuance; contents; form; use as evidence.

NRS 440.690 Receiptof fees: Accounting; deposit; refunding overpayments.

NRS 440.700 Feesfor services and copies of certificates; certificates available without fee.

NRS 440.710 Salaryor fee of deputy registrar; local health officer prohibited from charging feefor issuance of burial or removal permit.

NRS 440.715 Feefor support of office of county coroner.

UNLAWFUL ACTS; PENALTIES

NRS 440.720 Neglector refusal of physician to execute medical certificate of death.

NRS 440.730 Falsecertification of cause of death by physician.

NRS 440.735 Signatureof uncompleted certificate of death.

NRS 440.740 Failureor refusal to file certificate of birth with local health officer.

NRS 440.750 Interment,removal or other disposition of dead body without permit.

NRS 440.760 Alterationof certificate of birth or death.

NRS 440.765 Useor possession of certificate of birth of another person.

NRS 440.770 Furnishingfalse information for certificate of birth or death.

NRS 440.773 Salefor profit of copy or abstract of certificate of marriage.

NRS 440.775 Injunctionagainst sale for profit of copy of certificate of marriage.

NRS 440.780 Violationof chapter or regulations of Board.

_________

GENERAL PROVISIONS

NRS 440.010 Boarddefined. As used in this chapter, Boardmeans the State Board of Health.

[Part 25a:199:1911; added 1941, 381; 1931 NCL 5259.01]

NRS 440.020 Deadbody defined. As used in this chapter, deadbody means a lifeless human body, or such severed parts of the human body orthe bones thereof, from the state of which it reasonably may be concluded thatdeath had recently occurred, and where the circumstances under which such deadbody was found indicate that the death has not been recorded.

[Part 25a:199:1911; added 1941, 381; 1931 NCL 5259.01]

NRS 440.025 Humanremains and remains defined. As used inthis chapter human remains or remains means the body of a deceased person,and includes the body in any state of decomposition and the cremated remains ofa body.

(Added to NRS by 1961, 255)

NRS 440.030 Livebirth defined. As used in this chapter, livebirth means a birth in which the child shows evidence of life after completebirth. A birth is complete when the child is entirely outside the mother, evenif the cord is uncut and the placenta still attached. The words evidence oflife include heart action, breathing or coordinated movement of voluntarymuscle.

[Part 25a:199:1911; added 1941, 381; 1931 NCL 5259.01]

NRS 440.040 Personin charge of interment defined. As used inthis chapter, person in charge of interment means any person who places, orcauses to be placed, a deceased stillborn child, or dead body, or, aftercremation, the ashes thereof, in the earth, a grave, tomb, vault, urn or otherreceptacle, either in a cemetery or at any other place, or otherwise disposesthereof.

[Part 25a:199:1911; added 1941, 381; 1931 NCL 5259.01]

NRS 440.050 Physiciandefined. As used in this chapter, physicianis limited to a person authorized under the laws of this State to practice assuch.

[Part 25a:199:1911; added 1941, 381; 1931 NCL 5259.01](NRS A 1977, 960)

NRS 440.060 StateRegistrar defined. As used in this chapter,State Registrar means the State Registrar of Vital Statistics.

[Part 25a:199:1911; added 1941, 381; 1931 NCL 5259.01](NRS A 1985, 290)

NRS 440.070 Stillbirthdefined. As used in this chapter, stillbirthmeans a birth after at least 20 weeks of gestation, in which the child shows noevidence of life after complete birth.

[Part 25a:199:1911; added 1941, 381; 1931 NCL 5259.01]

NRS 440.080 Vitalstatistics defined. As used in this chapter,vital statistics means records of birth, legitimation of birth, death, fetaldeath, marriage, annulment of marriage, divorce and data incidental thereto.

[Part 25a:199:1911; added 1941, 381; 1931 NCL 5259.01](NRS A 1967, 1107)

NRS 440.085 Chapterinapplicable to remains of native Indian. Theprovisions of this chapter do not apply to the interment, removal or otherdisposition of the human remains of a native Indian pursuant to NRS 383.150 to 383.190, inclusive.

(Added to NRS by 1989, 576)

NRS 440.090 Requisitesof certificates. All certificates, either ofbirth, death or stillbirth, shall be written legibly, in unfading black ink, ortypewritten, and no certificate shall be held to be complete and correct thatdoes not supply all of the items of information called for, or satisfactorilyaccount for their omission.

[Part 14:199:1911; A 1941, 381; 1931 NCL 5248]

NRS 440.100 Personsrequired to furnish information. Allphysicians, registered nurses, midwives, informants or funeral directors, andall other persons having knowledge of the facts, shall furnish such informationas they may possess regarding any birth or death upon demand of the StateRegistrar, in person, by mail, or through the local health officer.

[Part 18:199:1911; RL 2969; NCL 5252](NRS A1983, 134; 1993, 1159)

STATE ADMINISTRATION

NRS 440.110 StateRegistrar of Vital Statistics. TheAdministrator of the Health Division of the Department of Health and HumanServices is the State Registrar of Vital Statistics.

[Part 5:199:1911; A 1939, 297; 1945, 130; 1943 NCL 5239](NRS A 1983, 834)

NRS 440.120 Regulationsof State Board of Health concerning registration; enforcement by StateRegistrar.

1. The Board shall provide an adequate system for theregistration of births and deaths by adopting and enforcing regulationsprescribing the method and form of making such registration.

2. The State Registrar shall carry into effect theregulations and orders of the Board.

[1:119:1929; NCL 5277] + [2:119:1929; NCL 5278](NRS A 1985, 369)

NRS 440.130 Preparationand distribution of forms and blanks; charge for blank certificate.

1. The Board shall prepare, print and supply to alllocal health officers all blanks and forms used in registering, recording andpreserving the returns, or in otherwise carrying out the purposes of thischapter.

2. The State Registrar shall charge for each blankcertificate of birth, death or stillbirth a fee of $1.

[Part 18:199:1911; RL 2969; NCL 5252](NRS A1983, 894)

NRS 440.135 Formfor reporting divorce or annulment of marriage: Preparation; contents;distribution.

1. The Board shall prescribe, and the State Registrarshall furnish in sufficient numbers to each county clerk for distribution, aform for the reporting of divorces and annulments of marriage.

2. The information required by such form must belimited to:

(a) The names and social security numbers of theparties;

(b) The court and county in which the decree isgranted; and

(c) The date of the decree.

(Added to NRS by 1967, 1108; A 1997, 2338)

NRS 440.140 Preparationand issuance of instructions; use of other forms and blanks prohibited. The Board shall prepare and issue such detailed instructionsas may be required to procure the uniform observance of this chapter and themaintenance of a perfect system of registration, and no forms or blanks otherthan those so prepared shall be used.

[Part 18:199:1911; RL 2969; NCL 5252]

NRS 440.150 Examinationand supplementation of certificates. The StateRegistrar shall carefully examine the certificates received from the localhealth officers, and if they are incomplete or unsatisfactory he shall requiresuch further information to be furnished as may be necessary to make the recordcomplete and satisfactory.

[Part 18:199:1911; RL 2969; NCL 5252]

NRS 440.160 Preservationand indexing of certificates. The State Registrarshall:

1. Arrange and permanently preserve the certificatesin a systematic manner.

2. Prepare and maintain a comprehensive and continuouscard index of all births and deaths registered. The cards must show the name ofthe child or the deceased, the place and date of birth or death and the numberof the certificate. When a certificate of birth indicates that a person haschanged his name, the card index must contain a card for each name.

[Part 18:199:1911; RL 2969; NCL 5252](NRS A1960, 157; 1981, 464)

NRS 440.165 Reproductionof original records and files. To preserveoriginal documents, the State Registrar is authorized to prepare typewritten,photographic or other reproductions of original records and files in hisoffice.

(Added to NRS by 1967, 1108; A 1971, 808)

NRS 440.170 Recordsopen to inspection; use of data restricted.

1. All certificates in the custody of the StateRegistrar are open to inspection subject to the provisions of this chapter. Itis unlawful for any employee of the State to disclose data contained in vitalstatistics, except as authorized by this chapter or by the Board.

2. Information in vital statistics indicating that abirth occurred out of wedlock must not be disclosed except upon order of acourt of competent jurisdiction.

3. The Board:

(a) Shall allow the use of data contained in vitalstatistics to carry out the provisions of NRS442.300 to 442.330, inclusive;

(b) Shall allow the use of certificates of death by amultidisciplinary team to review the death of a child established pursuant to NRS 432B.405 and 432B.406; and

(c) May allow the use of data contained in vitalstatistics for other research purposes, but without identifying the persons towhom the records relate.

[Part 45:199:1911; added 1941, 381; 1931 NCL 5268.14](NRS A 1967, 1107; 1999, 3508; 2003, 865)

NRS 440.175 Statisticalinformation; limitation on preparation or issuance of certain documents;charging certain fees to homeless persons prohibited; remittance required forissuing copies.

1. Upon request, the State Registrar may furnishstatistical data to any federal, state, local or other public or privateagency, upon such terms or conditions as may be prescribed by the Board.

2. No person may prepare or issue any document whichpurports to be an original, certified copy, certified abstract or official copyof:

(a) A certificate of birth, death or fetal death,except as authorized in this chapter or by the Board.

(b) A certificate of marriage, except a county recorderor a person so required pursuant to NRS 122.120.

(c) A decree of divorce or annulment of marriage,except a county clerk or the judge of a court of record.

3. A person or governmental organization which issuescertified or official copies pursuant to paragraph (a) of subsection 2 shall:

(a) Not charge a fee for issuing a certified orofficial copy of a certificate of birth to a homeless person who submits asigned affidavit on a form prescribed by the State Registrar stating that theperson is homeless.

(b) Remit to the State Registrar:

(1) For each registration of a birth or death inits district, $2.

(2) For each copy issued of a certificate ofbirth in its district, other than a copy issued pursuant to paragraph (a), $7.

(3) For each copy issued of a certificate ofdeath in its district, $1.

(Added to NRS by 1967, 1108; A 1981, 464; 1983, 894;1991, 69, 848, 849; 2003,2570; 2005, 1213)

LOCAL ADMINISTRATION

NRS 440.190 Countyhealth officer as registrar. The county healthofficer shall act as a collector of vital statistics for his county.

[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL 2957; NCL 5240]

NRS 440.200 Furnishingblank certificates. The local health officershall furnish blank forms of certificates to such persons as require them.

[Part 19:199:1911; RL 2970; NCL 5253]

NRS 440.210 Certificatesof birth and death: Examination by local health officer. Each local health officer shall carefully examine eachcertificate of birth or death when presented for record to see that it has beenmade out in accordance with the provisions of this chapter and the instructionsof the Board.

[Part 19:199:1911; RL 2970; NCL 5253]

NRS 440.220 Certificatesof birth and death: Enforcement of requirements by local health officer.

1. If any certificate of death is incomplete orunsatisfactory, the local health officer shall call attention to the defects inthe return and withhold issuing the burial or removal permit until the defectsare corrected.

2. If any certificate of birth is incomplete, thelocal health officer shall immediately notify the informant, and require him tosupply the missing items if they can be obtained.

[Part 19:199:1911; RL 2970; NCL 5253]

NRS 440.230 Certificatesof birth and death: Numbering; attestation of date of filing by local healthofficer. The local health officer shall numberconsecutively the certificates of birth and death, in two separate series,beginning with the number 1 for the first birth and the first death occurringin each calendar year, and sign his name as health officer in attest of thedate of filing in his office.

[Part 19:199:1911; RL 2970; NCL 5253]

NRS 440.240 Certificatesof birth and death: Preservation of copies by local health officer. The local health officer shall make a complete andaccurate copy of each birth and death certificate registered by him in a recordbook supplied by the State Registrar. Record books shall be preservedpermanently in his office as the local record in such manner as directed by theBoard.

[Part 19:199:1911; RL 2970; NCL 5253](NRS A1963, 942)

NRS 440.250 Certificatesof birth and death: Filing by deputy county health officer; filing of list of deceasedpersons with public administrator.

1. Not later than the fifth day of each month, deputycounty health officers shall file with the county health officer all originalbirth and death certificates executed by them.

2. Within 5 days after receipt of the original deathcertificates, the county health officer shall file with the publicadministrator a written list of the names and social security numbers of alldeceased persons and the names of their next of kin as those names appear onthe certificates.

[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL 2957; NCL 5240](NRS A 1971, 508; 1997, 2338)

NRS 440.260 Certificatesof birth and death: Time for delivery to State Registrar. On the 10th day of each month the local health officershall transmit to the State Registrar all original certificates registered byhim during the preceding month. If no births or deaths occurred in any month,he shall report that fact to the State Registrar, on the 10th day of thefollowing month, on a card provided for that purpose.

[Part 19:199:1911; RL 2970; NCL 5253](NRS A1963, 943)

REGISTRATION OF BIRTH

NRS 440.270 Immediateregistration required. All births that occurin this state shall be registered immediately in the registration districts inwhich they occur, pursuant to this chapter.

[12:199:1911; RL 2963; NCL 5246]

NRS 440.280 Dutyof registering birth: Persons required to file; time for filing; requiredinformation.

1. If a birth occurs in a hospital or the mother andchild are immediately transported to a hospital, the person in charge of thehospital or his designated representative shall obtain the necessaryinformation, prepare a birth certificate, secure the signatures required by thecertificate and file it within 10 days with the health officer of theregistration district where the birth occurred. The physician in attendanceshall provide the medical information required by the certificate and certifyto the fact of birth within 72 hours after the birth. If the physician does notcertify to the fact of birth within the required 72 hours, the person in chargeof the hospital or his designated representative shall complete and sign thecertification.

2. If a birth occurs outside a hospital and the motherand child are not immediately transported to a hospital, the birth certificatemust be prepared and filed by one of the following persons in the followingorder of priority:

(a) The physician in attendance at or immediately afterthe birth.

(b) Any other person in attendance at or immediatelyafter the birth.

(c) The father, mother or, if the father is absent andthe mother is incapacitated, the person in charge of the premises where thebirth occurred.

3. If a birth occurs in a moving conveyance, the placeof birth is the place where the child is removed from the conveyance.

4. In cities, the certificate of birth must be filedsooner than 10 days after the birth if so required by municipal ordinance orregulation.

5. If the mother was:

(a) Married at the time of birth, the name of herhusband must be entered on the certificate as the father of the child unless:

(1) A court has issued an order establishingthat a person other than the mothers husband is the father of the child; or

(2) The mother and a person other than themothers husband have signed an affidavit for the voluntary acknowledgment ofpaternity developed by the Board pursuant to NRS440.283.

(b) Widowed at the time of birth but married at thetime of conception, the name of her husband at the time of conception must beentered on the certificate as the father of the child unless:

(1) A court has issued an order establishingthat a person other than the mothers husband at the time of conception is thefather of the child; or

(2) The mother and a person other than themothers husband at the time of conception have signed an affidavit for thevoluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283.

6. If the mother was unmarried at the time of birth,the name of the father may be entered on the original certificate of birth onlyif:

(a) The provisions of paragraph (b) of subsection 5 areapplicable;

(b) A court has issued an order establishing that theperson is the father of the child; or

(c) The mother and father of the child have signed anaffidavit for the voluntary acknowledgment of paternity developed by the Boardpursuant to NRS 440.283. If both thefather and mother execute an affidavit consenting to the use of the surname ofthe father as the surname of the child, the name of the father must be enteredon the original certificate of birth and the surname of the father must beentered thereon as the surname of the child.

7. An order entered or an affidavit executed pursuantto subsection 6 must be submitted to the local health officer, his authorizedrepresentative, or the attending physician or midwife before a propercertificate of birth is forwarded to the State Registrar. The order oraffidavit must then be delivered to the State Registrar for filing. The StateRegistrars file of orders and affidavits must be sealed and the contentsof the file may be examined only upon order of a court of competent jurisdictionor at the request of the father or mother or the Division of Welfare andSupportive Services of the Department of Health and Human Services as necessaryto carry out the provisions of 42 U.S.C. 654a. The local health officer shallcomplete the original certificate of birth in accordance with subsection 6 andother provisions of this chapter.

8. As used in this section, court has the meaningascribed to it in NRS 125B.004.

[Part 13:199:1911; A 1941, 353; 1931 NCL 5247](NRSA 1967, 1108; 1973, 207; 1977, 350; 1981, 465; 1983, 1879; 1997, 2338)

NRS 440.283 Voluntaryacknowledgment of paternity: Board to develop and distribute affidavits;certain entities to provide services.

1. The Board shall:

(a) Develop an affidavit for the voluntaryacknowledgment of paternity in this state that complies with the requirementsprescribed by the Secretary of Health and Human Services pursuant to 42 U.S.C. 652(a); and

(b) Distribute the affidavits to:

(1) Each hospital or obstetric center in thisstate; and

(2) Any other entity authorized to provideservices relating to the voluntary acknowledgment of paternity pursuant to theregulations adopted by the Secretary of Health and Human Services pursuant to42 U.S.C. 666(a)(5)(C).

2. Subject to the provisions of subsection 3, theState Registrar of Vital Statistics and the entities described in paragraph (b)of subsection 1 shall offer to provide services relating to the voluntaryacknowledgment of paternity in the manner prescribed in the regulations adoptedby the Secretary of Health and Human Services pursuant to 42 U.S.C. 666(a)(5)(C).

3. Before providing an affidavit for theacknowledgment of paternity to the mother of a child or a person who wishes toacknowledge the paternity of the child, the agencies described in paragraph (b)of subsection 1 shall ensure that the mother and the person who wishes toacknowledge paternity are given notice, orally and in writing, of the rights,responsibilities and legal consequences of, and the alternatives to, signingthe affidavit for the acknowledgment of paternity.

(Added to NRS by 1997, 2337)

NRS 440.287 Rescissionof affidavit for voluntary acknowledgment of paternity.

1. If a mother or a person who has signed an affidavitfor the voluntary acknowledgment of paternity with the mother rescinds theacknowledgment pursuant to subsection 2 of NRS126.053, the State Registrar shall not issue a new certificate of birth toremove the name of the person who originally acknowledged paternity unless acourt issues an order establishing that the person who acknowledged paternityis not the father of the child.

2. As used in this section, court has the meaningascribed to it in NRS 125B.004.

(Added to NRS by 1997, 2338)

NRS 440.290 Certificateof birth: Form and contents. The form of thebirth certificate to be used under this chapter shall include as a minimum theitems required by the standard certificate of live birth as recommended by theUnited States Public Health Service, but no certificate to be used under thischapter shall include any notation of legitimacy or illegitimacy. The entry ofthe name of the father of a child or of the surname of the father as thesurname of the child on the certificate of birth pursuant to NRS 440.280 shall not be considered anotation of legitimacy or illegitimacy within the meaning of this section.

[Part 14:199:1911; A 1941, 381; 1931 NCL 5248](NRSA 1971, 134; 1973, 208; 1977, 351)

NRS 440.300 Certificateof birth: Supplemental report of name required for unnamed child.

1. When any certificate of birth of a living child ispresented without the statement of the given name, the local health officer,the local registrar or the State Registrar shall make out and deliver to theparents of the child a special blank for the supplemental report of the givenname of the child, which shall be filled out as directed and returned to theState Registrar as soon as the child shall have been named.

2. The Board shall prescribe by regulation the timewithin which a supplementary report furnishing information omitted on theoriginal certificate may be returned for the purpose of completing the originalcertificate.

3. Certificates of birth completed by a supplementaryreport shall not be considered as delayed or altered.

[15:199:1911; A 1941, 381; 1931 NCL 5249]

NRS 440.303 Certificateof birth: Replacement of certificate written in foreign language; applicationfor and preparation of new certificate written in English.

1. A person whose birth certificate or other evidenceof birth is written in a language other than English, or the parent or guardianof the person, may apply to the State Registrar for a birth certificate in theEnglish language.

2. Application for a birth certificate pursuant tothis section must be made in writing on a form supplied by the State Registrarand be accompanied by:

(a) The document for which a replacement is sought.

(b) A translation of the document.

(c) An affidavit executed by the translator before aperson who is authorized to administer oaths, attesting to the accuracy of thetranslation.

(d) A certificate from the United States Immigrationand Naturalization Service which establishes that the person who is the subjectof the document has entered the United States legally.

(e) The fee required by this chapter for the making andcertification of the record of any birth by the State Registrar.

3. When he receives an application and the documentsrequired by this section, the State Registrar shall prepare a birth certificateand clearly mark it on its face: ISSUED TO REPLACE A BIRTH RECORD FROM............... IN THE ................ LANGUAGE.

(Added to NRS by 1979, 471)

NRS 440.305 Certificateof birth: State Registrar to change name on certificate upon request of certainpersons. Upon request of a person or hisparent, guardian or legal representative, and after receipt of a certified copyof an order of the court changing the name of such person, whether such orderwas entered prior or subsequent to July 1, 1960, the State Registrar shallindicate the change of name on the certificate of birth of such person.

(Added to NRS by 1960, 157)

NRS 440.310 Certifiedreports and other documents pertaining to adoption: Duties of State Registrar;opening of sealed documents upon order of court.

1. Whenever the State Registrar receives a certifiedreport of adoption or amendment of adoption filed in accordance with theprovisions of NRS 127.157 or the laws ofanother state or foreign country, or a certified copy of the adoption decree,concerning a person born in Nevada, the State Registrar shall prepare and filea supplementary certificate of birth in the new name of the adopted personwhich shows the adoptive parents as the parents and seal and file the report ordecree and the original certificate of birth.

2. Whenever the State Registrar receives a certifiedreport of adoption, amendment or annulment of an order or decree of adoptionfrom a court concerning a person born in another state, the District ofColumbia, the Commonwealth of Puerto Rico, a territory or possession of theUnited States, or Canada, the report must be forwarded to the officeresponsible for vital statistics in the persons place of birth.

3. Whenever the State Registrar receives a certifiedreport of adoption or amendment of adoption filed in accordance with theprovisions of NRS 127.157 concerning aperson born in a foreign country other than Canada, the State Registrar shall,if he receives evidence that:

(a) The person being adopted is a citizen of the UnitedStates; and

(b) The adoptive parents are residents of Nevada,

prepare andfile a supplementary certificate of birth as described in subsection 1 and sealand file the report.

4. Sealed documents may be opened only upon an orderof the court issuing the adoption decree, expressly so permitting, pursuant toa petition setting forth the reasons therefor.

5. Except as otherwise provided in subsection 2, uponthe receipt of a certified copy of a court order of annulment of adoption, theState Registrar shall seal and file the order and supplementary certificate ofbirth and, if the person was born in Nevada, restore the original certificateto its original place in the files.

[46:199:1911; added 1941, 381; 1931 NCL 5268.15](NRS A 1973, 391; 1977, 1349; 1979, 472; 1981, 466; 2001, 360)

NRS 440.315 Certificateof birth: Removal of notation of illegitimacy; application for and issuance ofnew certificate. Any person, or any parent orguardian, of a child with respect to whom a certificate of birth has beenissued by this state indicating the illegitimacy of the person or child mayapply to the State Registrar for a new certificate which does not contain anynotation of illegitimacy, and upon such application the State Registrar shallissue such a certificate.

(Added to NRS by 1971, 135)

NRS 440.325 Certificateof birth: Issuance of new certificate upon establishment of paternity;availability of record on court order; availability of records to Division ofWelfare and Supportive Services of Department of Health and Human Services.

1. In the case of the paternity of a child beingestablished by the:

(a) Mother and father acknowledging paternity of achild by signing an affidavit for the voluntary acknowledgment of paternitydeveloped by the Board pursuant to NRS440.283; or

(b) Order of a district court,

the StateRegistrar, upon the receipt of the affidavit or court order, shall prepare anew certificate of birth in the name of the child as shown in the affidavit ororder with no reference to the fact of legitimation.

2. The new certificate must be identical with thecertificate registered for the birth of a child born in wedlock.

3. Except as otherwise provided in subsection 4, theevidence upon which the new certificate was made and the original certificatemust be sealed and filed and may be opened only upon the order of a court ofcompetent jurisdiction.

4. The State Registrar shall, upon the request of theDivision of Welfare and Supportive Services of the Department of Health andHuman Services, open a file that has been sealed pursuant to subsection 3 toallow the Division to compare the information contained in the affidavit ororder upon which the new certificate was made with the information maintainedpursuant to 42 U.S.C. 654a.

(Added to NRS by 1971, 1045; A 1989, 1644; 1997,2340)

NRS 440.327 Certificateof birth: Requests for certificates of certain missing children. The State Registrar shall not, without a court order to doso, issue to any person or governmental entity an original or copy of thecertificate of birth of a child who is listed as missing in the bulletinprepared by the Director of the Clearinghouse for information concerningmissing or exploited children pursuant to NRS432.160. The State Registrar shall inform the Director of the Clearinghouseof the name and identifying information, dates and circumstances of any personor governmental entity requesting the certificate of birth of such a childwithout a court order and any other information which might be helpful infurthering the purposes of NRS 432.150to 432.220, inclusive.

(Added to NRS by 1987, 1495; A 1993, 1376)

NRS 440.330 Registrationof foundling; contents of report.

1. Whoever assumes the custody of a living child ofunknown parentage shall immediately report, on a form to be approved by theBoard, to the local registrar of the registration district in which suchcustody is assumed, the following:

(a) Date of finding or assumption of custody.

(b) Place of finding or assumption of custody.

(c) Sex.

(d) Color or race.

(e) Approximate age.

(f) Name and address of the person or institution withwhom the child has been placed for care, if any.

(g) Name given to the child by the finder or custodian.

2. The place where the child was found or wherecustody has been assumed shall be known as the place of birth, and the date ofbirth shall be determined by approximation.

3. The foundling report shall constitute thecertificate of birth for such foundling child, and the provisions of thischapter relating to certificates of birth shall apply in the same manner andwith the same effect to such report.

4. If a foundling child shall later be identified anda regular certificate of birth be found or obtained, the report constitutingthe certificate of birth shall be sealed and filed and may be opened only uponthe order of a court of competent jurisdiction.

[48:199:1911; added 1941, 381; 1931 NCL 5268.17]

NRS 440.340 Registrationof stillborn children.

1. Stillborn children or those dead at birth shall beregistered as a stillbirth and a certificate of stillbirth shall be filed withthe local health officer in the usual form and manner.

2. The medical certificate of the cause of death shallbe signed by the attending physician, if any.

3. Midwives shall not sign certificates of stillbirthfor stillborn children; but such cases, and stillbirths occurring withoutattendance of either physician or midwife, shall be treated as deaths withoutmedical attention as provided for in this chapter.

[24:199:1911; A 1941, 381; 1931 NCL 5258]

RECORDS REGARDING DEATH AND DISPOSITION OF REMAINS

NRS 440.350 Formand contents of certificate of death or stillbirth. Thecertificate of death or of stillbirth that shall be used is the standard formapproved by the United States Public Health Service.

[Part 7:199:1911; A 1941, 381; 1931 NCL 5241](NRSA 1977, 351)

NRS 440.360 Authenticationof personal and statistical information concerning certificate. The personal and statistical particulars of the death orstillbirth certificate shall be authenticated by the name of the informant, whomay be any competent person acquainted with the facts.

[Part 7:199:1911; A 1941, 381; 1931 NCL 5241]

NRS 440.370 Signaturerequired on statement of facts concerning disposition of body. The statement of facts relating to the disposition of thebody must be signed by the funeral director or person acting as undertaker orby an authorized representative of the crematory if the body is cremated.

[Part 7:199:1911; A 1941, 381; 1931 NCL 5241](NRSA 1983, 135; 1985, 290, 946)

NRS 440.380 Medicalcertificate of death: Signature; contents.

1. The medical certificate of death must be signed bythe physician, if any, last in attendance on the deceased, or pursuant toregulations adopted by the Board, it may be signed by the attending physiciansassociate physician, the chief medical officer of the hospital or institutionin which the death occurred, or the pathologist who performed an autopsy uponthe deceased. The person who signs the medical certificate of death shallspecify:

(a) The social security number of the deceased.

(b) The hour and day on which the death occurred.

(c) The cause of death, so as to show the cause ofdisease or sequence of causes resulting in death, giving first the primarycause of death or the name of the disease causing death, and the contributoryor secondary cause, if any, and the duration of each.

2. In deaths in hospitals or institutions, or ofnonresidents, the physician shall furnish the information required under thissection, and may state where, in his opinion, the disease was contracted.

[Part 7:199:1911; A 1941, 381; 1931 NCL 5241](NRSA 1977, 352; 1981, 466; 1997, 2340)

NRS 440.390 Certificateof stillbirth. The certificate of stillbirthmust be presented by the funeral director or person acting as undertaker to thephysician in attendance at the stillbirth, for the certificate of the fact ofstillbirth and the medical data pertaining to stillbirth as the physician canfurnish them in his professional capacity.

[Part 7:199:1911; A 1941, 381; 1931 NCL 5241](NRSA 1983, 135; 1985, 290)

NRS 440.400 Useof indefinite or unsatisfactory terms. Indefiniteand unsatisfactory terms, indicating only symptoms of disease or conditionsresulting from disease, will not be held sufficient for issuing a burial orremoval permit. Any certificate containing only such terms as defined by theState Board of Health shall be returned to the physician for correction andmore definite statement.

[Part 7:199:1911; A 1941, 381; 1931 NCL 5241]

NRS 440.410 Mannerof defining cause of death. Causes of death, whichmay be the result of either disease or violence, shall be carefully defined;and if from violence, the means of injury shall be stated, and whether(probably) accidental, suicidal or homicidal.

[Part 7:199:1911; A 1941, 381; 1931 NCL 5241]

NRS 440.415 Pronouncementof death by registered nurse or physician assistant: Conditions; release ofbody; regulations.

1. A physician who anticipates the death of a patientbecause of an illness, infirmity or disease may authorize a specific registerednurse or physician assistant or the registered nurses or physician assistantsemployed by a medical facility or program for hospice care to make apronouncement of death if they attend the death of the patient.

2. Such an authorization is valid for 120 days. Exceptas otherwise provided in subsection 3, the authorization must:

(a) Be a written order entered on the chart of thepatient;

(b) State the name of the registered nurse or nurses orphysician assistant or assistants authorized to make the pronouncement ofdeath; and

(c) Be signed and dated by the physician.

3. If the patient is in a medical facility or underthe care of a program for hospice care, the physician may authorize theregistered nurses or physician assistants employed by the facility or programto make pronouncements of death without specifying the name of each nurse orphysician assistant, as applicable.

4. If a pronouncement of death is made by a registerednurse or physician assistant, the physician who authorized that action shall signthe medical certificate of death within 24 hours after being presented with thecertificate.

5. If a patient in a medical facility is pronounceddead by a registered nurse or physician assistant employed by the facility, theregistered nurse or physician assistant may release the body of the patient toa licensed funeral director pending the completion of the medical certificateof death by the attending physician if the physician or the medical director orchief of the medical staff of the facility has authorized the release inwriting.

6. The Board may adopt regulations concerning theauthorization of a registered nurse or physician assistant to makepronouncements of death.

7. As used in this section:

(a) Medical facility means:

(1) A facility for skilled nursing as defined inNRS 449.0039;

(2) A facility for hospice care as defined in NRS 449.0033;

(3) A hospital as defined in NRS 449.012;

(4) An agency to provide nursing in the home asdefined in NRS 449.0015; or

(5) A facility for intermediate care as defined inNRS 449.0038.

(b) Physician assistant means a person who holds alicense as a physician assistant pursuant to chapter630 of NRS or a certificate as an osteopathic physicians assistantpursuant to chapter 633 of NRS.

(c) Program for hospice care means a program forhospice care licensed pursuant to chapter 449of NRS.

(d) Pronouncement of death means a declaration of thetime and date when the cessation of the cardiovascular and respiratoryfunctions of a patient occurs as recorded in the patients medical record bythe attending provider of health care in accordance with the provisions of thischapter.

(Added to NRS by 1993, 1158; A 1999, 247; 2005, 2519)

NRS 440.420 Dutiesof funeral director, health officer and coroner when death occurs withoutmedical attendance.

1. In case of any death occurring without medicalattendance, the funeral director shall notify the local health officer of suchdeath and refer the case to him for immediate investigation and certification.

2. Where there is no qualified physician inattendance, and in such cases only, the local health officer is authorized tomake the certificate and return from the statements of relatives or otherpersons having adequate knowledge of the facts.

3. If the death was caused by unlawful or suspiciousmeans, the local health officer shall then refer the case to the coroner for investigationand certification.

4. In counties which have adopted an ordinanceauthorizing a coroners examination in cases of sudden infant death syndrome,the funeral director shall notify the local health officer whenever the causeor suspected cause of death is sudden infant death syndrome. The local healthofficer shall then refer the case to the coroner for investigation andcertification.

5. The coroner or his deputy may certify the cause ofdeath in any case which is referred to the coroner by the local health officeror pursuant to a local ordinance.

[Part 8:199:1911; A 1937, 162; 1931 NCL 5242](NRSA 1975, 1416; 1977, 352; 1983, 135)

NRS 440.430 Dutiesof coroner.

1. Any coroner whose duty it is to hold an inquest onthe body of any deceased person, and to make the certificate of death requiredfor a burial permit, shall state in his certificate the name of the diseasecausing death, or, if from external causes:

(a) The means of death; and

(b) Whether (probably) accidental, suicidal orhomicidal.

2. In either case, the coroner shall furnish suchinformation as may be required by the Board in order to classify the deathproperly.

[Part 8:199:1911; A 1937, 162; 1931 NCL 5242]

NRS 440.433 Noticeto parents or guardian of autopsy upon body of minor; placement of internalorgans.

1. When an autopsy is performed upon the body of aminor, the person who orders the autopsy shall make a diligent effort to givethe parents or guardian of the minor notice of the autopsy in person, by telephoneor by mail.

2. The internal organs must, if feasible, be kept withthe body after such an autopsy is completed.

(Added to NRS by 1987, 1793)

NRS 440.435 Deathcaused by sudden infant death syndrome: Ordinance may authorize postmortemexamination; duties of coroner.

1. The board of county commissioners of any county mayprovide by ordinance that in all cases where the cause or suspected cause of adeath is sudden infant death syndrome, the coroner may take possession of thebody, exhuming the body if necessary, and authorize the performance of apostmortem examination thereon. Such examination may include an analysis of thestomach, stomach contents, blood, organs, fluids or tissues of the body.

2. The findings resulting from the examination performedunder subsection 1, including the opinions and conclusions of the examiningphysician, shall be reduced to writing and included in the coroners record ofdeath. The coroner shall file a copy of such report with the State Registrar.

(Added to NRS by 1975, 1415)

NRS 440.437 Deathcaused by sudden infant death syndrome: Report by State Registrar. The State Registrar shall annually publish a reportspecifying the number of postmortem examinations performed, pursuant to NRS 440.435, where the cause or suspectedcause of death was sudden infant death syndrome. Such report shall also specifythe number of such cases in which the cause of death was determined by thecoroner to be sudden infant death syndrome.

(Added to NRS by 1975, 1415)

NRS 440.440 Dutiesof funeral director and sheriff upon death of unknown person.

1. In any case of a death occurring to anyone whoseidentity is unknown, before burying the body the funeral director shall annexto the certificate of death a certificate from the sheriff that the sheriff hason file in his office the fingerprints of the body.

2. Sheriffs of the respective counties shall maintainin their respective offices a file known as the unidentified deceased personsfile. Sheriffs shall, without further compensation, see that such fingerprintsare obtained as provided in this section and placed in the file as a publicrecord.

[Part 8:199:1911; A 1937, 162; 1931 NCL 5242](NRSA 1983, 135)

NRS 440.450 Prerequisitesto disposal of body. The funeral director orperson acting as undertaker is responsible for obtaining and filing thecertificate of death with the local health officer, or his deputy, in theregistration district in which the death occurred, and for securing a burial orremoval permit prior to any disposition of the body.

[Part 9:199:1911; RL 2960; NCL 5243](NRS A 1983,135)

NRS 440.460 Personaland statistical information. The funeraldirector or person acting as undertaker shall obtain the personal andstatistical particulars required from the person best qualified to supply them,over the signature and address of his informant.

[Part 9:199:1911; RL 2960; NCL 5243](NRS A 1983,136)

NRS 440.470 Presentationof certificate. The funeral director or personacting as undertaker shall present the certificate to the attending physician,if any, or to the health officer or coroner, for the medical certificate of thecause of death and other particulars necessary to complete the record.

[Part 9:199:1911; RL 2960; NCL 5243](NRS A 1983,136)

NRS 440.480 Statementas to disposition of body. The funeraldirector or person acting as undertaker shall state the facts required relativeto the date and place of burial over his signature and with his address.

[Part 9:199:1911; RL 2960; NCL 5243](NRS A 1983,136)

NRS 440.490 Presentationof completed certificate of death to local registrar. Thefuneral director or person acting as undertaker shall present the completed certificateof death to the local registrar within 72 hours after the occurrence ordiscovery of the death. If a case is referred to the coroner, he shall presenta completed certificate to the local registrar upon disposition of theinvestigation.

[Part 9:199:1911; RL 2960; NCL 5243](NRS A 1977,352; 1981, 467; 1983, 136)

NRS 440.495 Notificationof county clerk or registrar of voters. Uponpresentation of a completed certificate of death, the county health officershall send a certified copy of the certificate of death or a certified list ofany person who, at the time of death was 17 years of age or older, to thecounty clerk or registrar of voters of the county where the deceased personresided. Each certified list must contain the social security numbers of thepersons whose names are included on the list.

(Added to NRS by 1989, 2174; A 1997, 2341)

NRS 440.500 Burialand removal permits: Issuance; contents; death from infectious, contagious orcommunicable disease.

1. Except as provided in subsections 2 and 3, if acertificate of death is properly executed and complete, the local healthofficer shall then issue a burial or removal permit to the funeral director.The permit must indicate the name of the cemetery, mausoleum, columbarium or otherplace of burial where the human remains will be interred, inurned or buried.

2. In case the death occurred from some disease thatis held by the Board to be infectious, contagious, or communicable anddangerous to the public health, no permit for the removal or other dispositionof the body may be granted by the local health officer except under suchconditions as may be prescribed by the Board.

3. The Board may by regulation provide for theissuance of the burial transit permit prior to the filing of the completeddeath certificate if that requirement would result in undue hardship.

[Part 19:199:1911; RL 2970; NCL 5253](NRS A1961, 255; 1977, 352; 1983, 136)

NRS 440.510 Contentsof burial permit. If the interment or otherdisposition of the body is to be made within the State, the wording of theburial permit may be limited to a statement by the local health officer andover his signature that a satisfactory certificate of death having been filedwith him as required by law, permission is granted to inter, remove orotherwise dispose of the body of the deceased. The permit must include thename, age, sex, social security number and cause of death of the decedent, thename of the place where the human remains will be interred, inurned or buried,and any other details required on the form prescribed by the Board.

[10:199:1911; RL 2961; NCL 5244](NRS A 1961,255; 1997, 2341)

NRS 440.520 Dispositionof burial or removal permit. The funeral directorshall:

1. Deliver the burial permit to the sexton or personin charge of the place of burial, before interring or otherwise disposing ofthe body.

2. Attach the removal permit to the box containing thebody, when shipped by any transportation company.

[Part 9:199:1911; RL 2960; NCL 5243](NRS A 1983,136)

NRS 440.530 Burialpermit to accompany body. The permit shallaccompany the body to its destination, where, if within the State of Nevada, itshall be delivered to the sexton or to any other person in charge of the placeof burial.

[Part 9:199:1911; RL 2960; NCL 5243]

NRS 440.540 Necessityfor permit to inter more than 72 hours after death; removal of body to anotherregistration district.

1. Except as provided in subsection 2, the body of anyperson whose death occurs in this state shall not be interred, deposited in avault or tomb, cremated or otherwise disposed of, removed from or into anyregistration district, or be held temporarily pending a further dispositionmore than 72 hours after death, until a permit for burial or removal or otherdisposition thereof has been properly issued by the local health officer of theregistration district in which the death occurred.

2. If the person who is to certify the cause of deathconsents, a body may be moved from the place of death into another registrationdistrict to be prepared for final disposition.

[Part 23:199:1911; RL 2974; NCL 5257](NRS A1977, 353)

NRS 440.550 Bodytransported from another state. When a deadbody is transported by a common carrier into a local health district in Nevadafor burial, the transit and removal permit, issued in accordance with the lawand health regulations of the place where the death occurred, shall be acceptedby the local health officer of the district into which the body has been transportedfor burial or other disposition as a basis upon which he shall issue a localburial permit in the same way as if the death occurred in his district. Heshall plainly enter upon the face of the burial permit the fact that it was abody shipped in for interment, and give the actual place of death.

[Part 23:199:1911; RL 2974; NCL 5257](NRS A1977, 353)

NRS 440.560 Intermentwithout burial permit prohibited. No sexton orother person in charge of any premises in which interments are made shall interor permit the interment or other disposition of any body unless it isaccompanied by a burial, removal or transit permit as provided in this chapter.

[Part 11:199:1911; RL 2962; NCL 5245]

NRS 440.570 Validityof burial permit in another district. A burialpermit shall not be required from the local health officer of the district inwhich interment is made when a body is removed from one district in Nevada toanother in this state for the purpose of burial or other disposition, either bycommon carrier, hearse or other conveyance.

[Part 23:199:1911; RL 2974; NCL 5257]

NRS 440.580 Signature,endorsement and return of permit. Each sextonor person in charge of any burial ground shall endorse upon the permit the dateof interment, over his signature, and shall return all permits so endorsed tothe local health officer of his district within 10 days from the date ofinterment or within the time fixed by the local health officer or by the Board.

[Part 11:199:1911; RL 2962; NCL 5245]

NRS 440.590 Recordsof interments.

1. Each sexton or person in charge of any burialground shall keep a record of all interments made in the premises under hischarge, stating:

(a) The name of the deceased person.

(b) The place of death.

(c) The date of burial.

(d) The name and address of the funeral director.

2. The record must be open to public inspection at alltimes.

[Part 11:199:1911; RL 2962; NCL 5245](NRS A1983, 136)

RECORDS OF MARRIAGE

NRS 440.595 Filingwith State Registrar; duties of county recorder and State Registrar.

1. A record of each marriage performed in this Statemust be filed with the State Registrar as provided in this section.

2. Each county recorder shall on or before the 10thday of the following month forward to the State Registrar the informationcontained on each certificate of marriage delivered to him during the precedingmonth. The information must be forwarded in a form approved by the HealthDivision of the Department of Health and Human Services.

3. The State Registrar shall enter in his records thenames of the parties, the date of the marriage and the county in which it wasperformed and recorded.

(Added to NRS by 1967, 1108; A 1975, 1426; 1987, 779)

NRS 440.600 Countyclerk required to report number of marriage licenses issued. On or before January 10 and July 10 of each year thecounty clerks of the several counties shall transmit to the State Registrar thenumber of marriage licenses issued by them during the preceding 6 months.

[34:199:1911; added 1919, 221; 1919 RL p. 2894; NCL 5268](NRS A 1963, 943)

RECORDS OF DIVORCE AND ANNULMENT OF MARRIAGE

NRS 440.605 Reportsto be filed by clerk of district court with State Registrar; fees.

1. For each divorce and annulment of marriage grantedby any court in this state a report must be prepared and filed by the clerk ofthe district court with the State Registrar. The information necessary toprepare the report must be furnished, with the complaint in the action, to theclerk of the district court by the complainant or his legal representative onthe form furnished by the State Registrar.

2. On the first business day of each month the clerkof the district court shall forward to the State Registrar the report of eachdivorce and annulment granted during the preceding calendar month.

3. Every clerk of the district court shall collect, atthe time the complaint is filed in any action for divorce or annulment ofmarriage, a fee of $10, which he shall forward to the State Controller to bedeposited in the State General Fund. This fee is in addition to the other costsin the case.

(Added to NRS by 1967, 1108; A 1969, 389; 1983, 335; 2001, 2927)

CERTIFICATES AS EVIDENCE; DELAYED OR ALTERED CERTIFICATES

NRS 440.610 Certificateas prima facie evidence. Each certificate, asprovided for in this chapter, filed within 6 months after the time prescribedfor their filing, shall be prima facie evidence of the facts therein stated.Data pertaining to the father of a child is such evidence if the alleged fatheris, or becomes, the husband of the mother in a legal marriage; if not, the datapertaining to the father of a child is not such evidence in any civil orcriminal proceeding adverse to the interests of the alleged father, or of hisheirs, devisees or other successors in interest, if the paternity iscontroverted.

[20a:199:1911; added 1941, 381; 1931 NCL 5254.01]

NRS 440.620 Proofrequired for filing of delayed certificate. Theacceptance for filing of any certificate by the State Registrar more than 4years after the time prescribed for its filing shall be subject to regulationsin which the Board shall prescribe in detail the proofs to be submitted by anyapplicant for delayed filing of a certificate.

[42:199:1911; added 1941, 381; A 1943, 204; 1943 NCL 5268.11]

NRS 440.630 Procedurefor delayed or altered certificates.

1. Certificates accepted subsequent to 4 years afterthe time prescribed for filing and certificates which have been altered afterbeing filed with the State Registrar shall contain the date of the delayedfiling and the date of the alteration and be marked distinctly Delayed orAltered.

2. After a certificate has been accepted for delayedfiling or after the Board has permitted an alteration of a certificate on file,the alteration shall be noted by the State Registrar on the reverse side of thecertificate, together with a summary statement of the evidence submitted insupport of the alteration.

3. All the evidence affecting the alteration of acertificate, after it has been filed with the State Registrar, shall be kept ina special permanent file.

[43:199:1911; added 1941, 381; 1931 NCL 5268.12]

NRS 440.640 Delayedor altered certificates as evidence. Theadmissibility in evidence of a delayed or altered certificate shall besubject to the discretion of the court, judicial or administrative body orofficial to whom any such certificate is offered as evidence.

[44:199:1911; added 1941, 381; 1931 NCL 5268.13]

CERTIFIED COPIES OF RECORDS; FEES OF STATE AND LOCALREGISTRARS

NRS 440.650 Issuanceof certified copy of certificate; limitation.

1. Upon request, the State Registrar shall furnish anyapplicant a certified copy of the record of any birth or death registered underthe provisions of this chapter.

2. The State Registrar shall not issue a certifiedcopy of a certificate or parts thereof unless he is satisfied that theapplicant therefor has a direct and tangible interest in the matter recorded,subject, however, to review by the Board or a court of competent jurisdictionunder the limitations of NRS 440.170.

[Part 20:199:1911; A 1955, 419] + [Part 5:119:1929; A1945, 39; 1943 NCL 5281] + [Part 45:199:1911; added 1941, 381; 1931 NCL 5268.14]

NRS 440.660 Certifiedcopy of record of birth or death is prima facie evidence. Any copy of the record of a birth or death when properlycertified by the State Registrar to be a true copy thereof shall be prima facieevidence in all courts and places of the facts therein stated.

[Part 20:199:1911; A 1955, 419] + [Part 5:119:1929; A1945, 39; 1943 NCL 5281](NRS A 1963, 943)

NRS 440.670 Abstractedbirth certificate: Issuance; contents; form; use as evidence.

1. Upon request, the State Registrar shall supply toany applicant a certificate reciting the birth date, sex, race and birthplaceof any person whose birth is registered under the provisions of this chapter. Thecertificate must show that the data therein contained is as disclosed by therecord of the birth.

2. The Board may, by regulation, authorize countyhealth officers to issue such certificates. The Board shall determine thestandard form for the abstracted certificates.

3. Every such certificate is prima facie evidence inall courts and places of the facts therein stated.

[Part 5:119:1929; A 1945, 39; 1943 NCL 5281](NRS A1981, 467; 1993, 107)

NRS 440.690 Receiptof fees: Accounting; deposit; refunding overpayments.

1. The State Registrar shall keep a true and correctaccount of all fees received under this chapter.

2. The money collected pursuant to subsection 2 of NRS 440.700 must be remitted by the StateRegistrar to the State Treasurer for credit to the Childrens Trust Accountcreated by NRS 432.131. The moneycollected pursuant to subsection 3 of NRS440.700 must be remitted by the State Registrar to the State Treasurer forcredit to the Review of Death of Children Account created by NRS 432B.409. Any money collectedpursuant to subsection 5 of NRS 440.700must be remitted by the State Registrar to the county treasurers of the variousparticipating counties for credit to their accounts for the support of theoffices of the county coroners created pursuant to NRS 259.025. Any other proceeds accruing tothe State of Nevada under the provisions of this chapter must be forwarded tothe State Treasurer for deposit in the State General Fund.

3. Upon the approval of the State Board of Examinersand pursuant to its regulations, the Health Division of the Department ofHealth and Human Services may maintain an account in a bank or credit union forthe purpose of refunding overpayments of fees for vital statistics.

[Part 20:199:1911; A 1955, 419] + [2:199:1911; added1945, 177; 1943 NCL 5267.A] + [Part 5:119:1929; A 1945, 39; 1943 NCL 5281]+ [7:119:1929; A 1943, 201; 1943 NCL 5283](NRS A 1975, 258; 1985, 615; 1999, 1498; 2003, 865; 2005, 474, 1061)

NRS 440.700 Feesfor services and copies of certificates; certificates available without fee.

1. Except as otherwise provided in this section, theState Registrar shall charge and collect the following fees:

 

For searching thefiles for one name, if no copy is made..................................... $8

For verifying a vitalrecord......................................................................................... 8

For establishing andfiling a record of paternity (other than a hospital-based paternity), andproviding a certified copy of the new record..................................................................................................... 20

For a certified copyof a record of birth.................................................................. 13

For a certified copyof a record of death originating in a county in which the board of countycommissioners has not created an account for the support of the office of thecounty coroner pursuant to NRS 259.025 10

For a certified copyof a record of death originating in a county in which the board of countycommissioners has created an account for the support of the office of thecounty coroner pursuant to NRS 259.025 11

For correcting arecord on file with the State Registrar and providing a certified copy of thecorrected record 20

For replacing arecord on file with the State Registrar and providing a certified copy of thenew record 20

For filing a delayedcertificate of birth and providing a certified copy of the certificate 20

For the services of anotary public, provided by the State Registrar.................. 2

For an index ofrecords of marriage provided on microfiche to a person other than a countyrecorder of a county of this State..................................................................................................................... 200

For an index ofrecords of divorce provided on microfiche to a person other than a countyrecorder of a county in this State..................................................................................................................... 100

For compiling datafiles which require specific changes in computer programming 200

 

2. The fee collected for furnishing a copy of acertificate of birth or death includes the sum of $3 for credit to theChildrens Trust Account created by NRS432.131.

3. The fee collected for furnishing a copy of acertificate of death includes the sum of $1 for credit to the Review of Deathof Children Account created by NRS432B.409.

4. The State Registrar shall not charge a fee forfurnishing a certified copy of a record of birth to a homeless person who submitsa signed affidavit on a form prescribed by the State Registrar stating that theperson is homeless.

5. The fee collected for furnishing a copy of acertificate of death originating in a county in which the board of countycommissioners has created an account for the support of the office of thecounty coroner pursuant to NRS 259.025includes the sum of $1 for credit to the account for the support of the officeof the county coroner of the county in which the certificate originates.

6. Upon the request of any parent or guardian, theState Registrar shall supply, without the payment of a fee, a certificatelimited to a statement as to the date of birth of any child as disclosed by therecord of such birth when the certificate is necessary for admission to schoolor for securing employment.

7. The United States Bureau of the Census may obtain,without expense to the State, transcripts or certified copies of births anddeaths without payment of a fee.

[Part 5:119:1929; A 1945, 39; 1943 NCL 5281](NRS A1981, 467; 1985, 616; 1991, 848; 1997, 908; 2003, 866, 2570; 2005, 474, 1061, 1214)

NRS 440.710 Salaryor fee of deputy registrar; local health officer prohibited from charging feefor issuance of burial or removal permit.

1. In counties where deputy registrars are appointed,the board of county commissioners shall allow them a monthly salary or the sumof $1 for each birth and death certificate executed by them.

2. No local health officer may require from funeraldirectors or persons acting as undertakers any fee for the issuance of burialor removal permits under this chapter.

[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL 2957; NCL 5240] + [Part 23:199:1911; RL 2974; NCL 5257] + [4:119:1929;NCL 5280](NRS A 1969, 727; 1983, 137)

NRS 440.715 Feefor support of office of county coroner.

1. If a board of county commissioners creates anaccount for the support of the county coroner pursuant to NRS 259.025, a district health officer whoprovides a certified copy of a record of death originating in that county shallcharge and collect, in addition to any other fee therefor, the sum of $1 forthe support of the office of the county coroner created pursuant to NRS 244.163.

2. The district health officer shall remit any moneycollected pursuant to this section to the county treasurer of the county inwhich the certificate originates for credit to the account for the support ofthe office of the county coroner created pursuant to NRS 259.025.

(Added to NRS by 2005, 1060)

UNLAWFUL ACTS; PENALTIES

NRS 440.720 Neglector refusal of physician to execute medical certificate of death. Any physician who was in medical attendance upon anydeceased person at the time of death who neglects or refuses to make out anddeliver to the funeral director, sexton or other person in charge of theinterment, removal or other disposition of the body, upon request, the medicalcertificate of the cause of death shall be punished by a fine of not more than$250.

[Part 21:199:1911; RL 2972; NCL 5255](NRS A1967, 577; 1979, 1469; 1983, 137)

NRS 440.730 Falsecertification of cause of death by physician. Ifany physician knowingly makes a false certification of the cause of death inany case, he shall be punished by a fine of not more than $250.

[Part 21:199:1911; RL 2972; NCL 5255](NRS A1967, 578; 1979, 1469)

NRS 440.735 Signatureof uncompleted certificate of death. It isunlawful for any person to affix his signature to an uncompleted deathcertificate.

(Added to NRS by 1977, 661)

NRS 440.740 Failureor refusal to file certificate of birth with local health officer. Any physician or midwife in attendance upon a case ofconfinement or any person charged with responsibility for reporting births whoneglects or refuses to file a proper certificate of birth with the local healthofficer within the time required by law shall be punished by a fine of not morethan $250.

[Part 21:199:1911; RL 2972; NCL 5255](NRS A1967, 578; 1979, 1469)

NRS 440.750 Interment,removal or other disposition of dead body without permit. Any funeral director, sexton or other person in charge ofthe disposal who inters, removes or otherwise disposes of the body of anydeceased person without having received a burial or removal permit shall bepunished by a fine of not more than $250.

[Part 21:199:1911; RL 2972; NCL 5255](NRS A1967, 578; 1979, 1470; 1983, 137)

NRS 440.760 Alterationof certificate of birth or death. Any personwho shall willfully alter any certificate of birth or death, or the copy of anycertificate of birth or death, on file in the office of the local or StateBoard of Health, shall be guilty of a misdemeanor.

[Part 21:199:1911; RL 2972; NCL 5255](NRS A1967, 578)

NRS 440.765 Useor possession of certificate of birth of another person.

1. It is unlawful for any person to obtain or possessthe birth certificate of another for the purpose of establishing a falseidentity for himself or any other person.

2. A person who has in his possession the birthcertificate of another person without lawful reason for being in possession ofthe birth certificate or who uses the birth certificate of another in thecommission of a misdemeanor, is guilty of a misdemeanor.

3. A person who has in his possession two or morebirth certificates of other persons without lawful reason for being inpossession of the birth certificates or who uses the birth certificate ofanother person in the commission of a gross misdemeanor is guilty of a grossmisdemeanor.

4. A person who uses the birth certificate of anotherperson to aid in the commission of a felony is guilty of a category D felonyand shall be punished as provided in NRS193.130.

5. The offenses described in this section are separatefrom the primary offense if any, and the unlawful possession of a birthcertificate is a separate offense from its unlawful use.

(Added to NRS by 1975, 1483; A 1995, 1278)

NRS 440.770 Furnishingfalse information for certificate of birth or death. Anyperson who furnishes false information to a physician, funeral director,midwife or informant for the purpose of making incorrect certification ofbirths or deaths shall be punished by a fine of not more than $250.

[Part 21:199:1911; RL 2972; NCL 5255](NRS A1967, 578; 1979, 1470; 1983, 137)

NRS 440.773 Salefor profit of copy or abstract of certificate of marriage. Any person who sells or offers to sell for a profit a copyof a certificate of marriage or an abstract of a recorded certificate ofmarriage issued by a county recorder is guilty of a misdemeanor. Each sale oroffer to sell such a certificate constitutes a separate violation of thissection. This section does not apply to fees charged by a county recorder.

(Added to NRS by 1987, 97; A 1991, 70)

NRS 440.775 Injunctionagainst sale for profit of copy of certificate of marriage.

1. Any person who violates or proposes to violate NRS 440.773 may be enjoined by any court ofcompetent jurisdiction.

2. Actions for injunction under this section may beprosecuted:

(a) By the Attorney General or any district attorney inthis State; or

(b) Upon the complaint of the State Registrar or anycounty recorder.

(Added to NRS by 1987, 97)

NRS 440.780 Violationof chapter or regulations of Board. Everyperson violating any of the provisions of this chapter or refusing orneglecting to obey any lawful order, rule or regulation of the Board shall beguilty of a misdemeanor.

[39:199:1911; added 1939, 297; 1931 NCL 5268.05](NRS A 1967, 578)

 

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