Ariz. Admin. Code § 9-19-203

Current through Register Vol. 30, No. 43, October 25, 2024

Section R9-19-203 - Requests for Birth Registration from Physicians, Registered Nurse Practitioners, Nurse Midwives, or Midwive

A. Before requesting the registration of the birth of an individual not born in a hospital whose birth was attended by a physician, registered nurse practitioner, nurse midwife, or midwife, the physician, registered nurse practitioner, nurse midwife, or midwife who attended the birth and is willing and able to request the registration of the individual's birth shall:

1. Obtain, in a written format:

a. The information in R9-19-201(A)(1) and (2); and

b. A statement attesting to the validity of the information in R9-19-201(A)(1) and (2), signed and dated by the person providing the information;

2. Provide, in a Department-provided format, the information in R9-19-201(A)(3) and (4); and

3. Sign and date a written statement attesting to the validity of the information in R9-19-201(A)(3) and (4).

B. A physician, registered nurse practitioner, nurse midwife, or midwife who attended an individual's birth and is willing and able to request the registration of the individual's birth shall:

1. Maintain a copy of the document in subsection (A) for at least 10 years after the date of the individual's birth; and

2. Provide a copy of the document in subsection (A) to the State Registrar for review within two business days after the time of the State Registrar's request, where a business day is a Monday, Tuesday, Wednesday, Thursday, or Friday that is not a state holiday or a statewide furlough day.

C. To request the registration of the birth of an individual not born in a hospital whose birth was attended by a physician, registered nurse practitioner, nurse midwife, or midwife, within seven days after the date of the individual's birth, if the physician, registered nurse practitioner, nurse midwife, or midwife is willing and able to, the physician, registered nurse practitioner, nurse midwife, or midwife shall:

1. Either:

a. Enter into the state electronic birth registration system the information required in R9-19-201(A), or

b. Submit a copy of the document in subsection (A) to the State Registrar or a local registrar or deputy local registrar; and

2. If applicable, submit to the State Registrar or a local registrar or deputy local registrar the document required in subsection (E) or (F).

D. To request the registration of the birth of an individual not born in a hospital whose birth was attended by a physician, registered nurse practitioner, nurse midwife, or midwife, more than seven days but less than one year after the individual's birth, if the physician, registered nurse practitioner, nurse midwife, or midwife is willing and able to, the physician, registered nurse practitioner, nurse midwife, or midwife shall submit, in a Department-provided format, to the State Registrar or a local registrar or deputy local registrar:

1. The information required in R9-19-201(A);

2. A copy of the medical records related to the individual's birth;

3. If applicable, the document required in subsection (E) or (F); and

4. A written statement, signed and dated by the physician, registered nurse practitioner, nurse midwife, or midwife, attesting, to the best of the knowledge of the physician, registered nurse practitioner, nurse midwife, or midwife, that the submitted information and documents are valid.

E. If the name of an individual's mother in R9-19-201(A)(1)(b)(i) is based on a court order establishing maternity, the person submitting the information for a birth record shall submit a copy of the court order establishing maternity, certified by the issuing entity.

F. If the name of an individual's father in R9-19-201(A)(1)(c)(i) is based on:

1. A voluntary acknowledgement of paternity, the person submitting the information for a birth record shall submit a copy of the voluntary acknowledgement of paternity that meets the requirements in A.R.S. § 25-812; or

2. An administrative order or a court order establishing paternity, the person submitting the information for a birth record shall submit a copy of the administrative order or court order establishing paternity, certified by the issuing entity.

G. If the State Registrar or a local registrar or deputy local registrar determines that a request for registration of an individual's birth submitted according to subsection (C) or (D):

1. Contains the required information and, if applicable, evidentiary documents, the State Registrar, local registrar, or deputy local registrar shall establish a birth record for the individual and register the individual's birth; or

2. Does not contain the required information or applicable evidentiary documents, the State Registrar, a local registrar, or deputy local registrar shall:

a. Not establish a birth record for the individual or register the individual's birth; and

b. Provide written notification to the person who submitted the request, according to R9-19-103(C):

i. Specifying the missing, incomplete, false, or invalid information or evidentiary documents; and

ii. Informing the person that the person has:

(1) For a request submitted according to subsection (C), until 30 days after the individual's birth to provide the required information; or

(2) For a request submitted according to subsection (D), until one year after the individual's birth or 30 days after the date of the written notification in subsection (G)(2)(b), whichever is later, to provide the required information or evidentiary documents.

Ariz. Admin. Code § R9-19-203

Former Section R9-19-203 repealed, new Section R9-19-203 renumbered from R9-19-204 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1). Adopted by final rulemaking at 22 A.A.R. 1782, effective 10/1/2016.