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physician, if any, and shall state the cause of death as "stillborn, with the cause of the stillbirth, if known, whether a premature birth, and, if born prematurely, the period of uterogestation, in months, if known; and a burial or removal permit of the prescribed form shall be required. Midwives shall not sign certificates of death for stillborn children; but such cases, and stillbirths occurring without attendance of either physician or midwife shall be treated as death without medical attendance, as hereinafter provided in this article.
§ 3. Subdivision twenty-one of section three hundred and eighty- § 383, three of such chapter, as added by chapter six hundred and nine- amended. teen of the laws of nineteen hundred and thirteen. is hereby amended to read as follows:
21. Number of children of this mother "born alive, stillborn, and total now living.
§ 4. Section three hundred and eighty-five of such chapter, as 385 added by chapter six hundred and nineteen of the laws of nineteen hundred and thirteen, is hereby amended to read as follows:
§ 385. Registration of physicians, midwives, and undertakers. Every physician, midwife and undertaker shall, on or before the day on which this article takes effect, register his or her name, address and occupation with the registrar of the district in which he or she resides, and shall so register in any district in which he or she may hereafter establish a residence or maintain an office; and shall thereupon be supplied by the registrar with a copy of this article, together with such rules and regulations as may be prepared by the public health council relative to its enforcement. Within thirty days after the close of each calendar year each registrar shall make a return to the state commissioner of health of all physicians, midwives, and undertakers who have been registered in his district during the whole or any part of the preceding calendar year; provided, that no fee or other compensation shall be charged by registrars to physicians, midwives or undertakers for registering their names under this section or making returns thereof to the state commissioner of health.
§ 5. Section three hundred and eighty-seven of such chapter, as § 387 added by chapter six hundred and nineteen of the laws of nineteen hundred and thirteen and amended by chapter four hundred and fifteen of the laws of nineteen hundred and twenty-two, is hereby amended to read as follows:
§ 387. Records to be kept by state commissioner of health. The state commissioner of health shall prepare, print, and supply to all registrars all blanks and forms used in registering, recording and preserving the returns, or in otherwise carrying out the purposes of this article, and shall prepare and issue such detailed instructions, not inconsistent with the regulations established by the public health council, as may be required to procure the uniform observance of its provisions and the maintenance of a perfect system of 6 Remainder of subd. 21 substituted for word " living."
or maintain an office," new.
Word "and" substituted for word "or."
registration; and no other blanks shall be used than those supplied by the state commissioner of health. He shall carefully examine the certificates received monthly from the registrars, and if any such are incomplete or unsatisfactory he shall require such further information to be supplied as may be necessary to make the record complete and satisfactory. All physicians, midwives, undertakers, or informants, and all other persons having knowledge of the facts, are hereby required to supply, upon a form provided by the state commissioner of health or upon the original certificate, such information as they may possess regarding any birth or death upon demand of the state commissioner of health, in person, by mail, or through the registrar; provided, that no certificate of birth or death, after its acceptance for registration by the registrar, and no other record made in pursuance of this article, shall be altered or changed in any respect otherwise than by amendments properly dated, signed and witnessed. The state commissioner of health shail arrange, and permanently preserve the certificates in a systematic manner, and shall prepare and maintain a comprehensive and continuous typewritten or printed index of all births and deaths registered; said index to be arranged alphabetically, in the case of deaths, by the names of decedents, and in the case of births, by the names of fathers or mothers if born out of wedlock. He shall inform all registrars what diseases are to be considered infections, contagious, or communicable and dangerous to the public health, as decided by the public health council and when deaths occur from such diseases the registrar shall forthwith report to the local health officer, on a form provided for the purpose, the name, age, and address of the deceased, together with the disease, and the name of the physician who has certified the cause of death, so that10 proper precautions may be taken to prevent their spread.
§ 6. Section three hundred and eighty-nine of such chapter, as added by chapter six hundred and nineteen of the laws of nineteen hundred and thirteen, and last amended by chapter one hundred and sixty-eight of the laws of nineteen hundred and twenty-four," is hereby amended to read as follows:
§ 389. District records to be kept by registrar. Each registrar shall supply blank forms of certificates to such persons as require them. Each registrar shall carefully examine each certificate of birth or death when presented for record in order to ascertain whether or not it has been made out in accordance with the pro visions of this act and the instructions of the state commissioner of health; and if any certificate of death is incomplete or unsatisfactory, it shall be his duty to call attention to the defects in the return, and he may withhold the burial or removal permit until such defects are corrected. All certificates, either of birth or death, shall be written legibly, in durable black ink, and no certificate12 shall be held to be complete and correct that does not supply all of the
9 Word "and" substituted for words "in order that."
items of information called for therein, or satisfactorily account for their omission. If the certificate of death is properly executed and complete, he shall then issue a burial or removal permit to the undertaker; provided, that in case the death occurred from some disease which is held by the public health council to be infectious, conItagious, or communicable and dangerous to the public health, no permit for the removal or other disposition of the body shall be issued by the registrar, except to an undertaker licensed under section two hundred and ninety-five of the public health law, under I such conditions as may be prescribed by the state public health council. If a certificate of birth is incomplete, the local registrar shall immediately notify the informant, and require him to supply the missing items of information if they can be obtained. He shall I number consecutively the certificates of birth and death, in two separate series, beginning with the number one for the first birth and the first death in each calendar year, and sign his name as registrar in attest of the date of filing in his office. He shall also : make a complete and accurate copy of each birth and each death certificate registered by him in a record book supplied by the state commissioner of health, to be preserved permanently in his office as the local record, in such manner as directed by the state13 commissioner of health. Within ten days after receiving the 1 certificate of any legitimate birth he shall furnish to the parents or guardian of the child a certificate of registration, to be made out on a form which shall be furnished by the state commissioner of health;14 and such certificate of registration shall be accepted by public authorities in this state for the purposes indicated in section three hundred and eighty-eight of this chapter in the same manner as certified copies of birth certificates; he shall also make a notation on his copy of the original birth certificate indicating the date of issuance of such certificate of registration. He shall, on the fifth day of each month, transmit to the state commissioner of health all original certificates registered by him for the preceding month,15 and also any delayed certificates registered by him dur=ing the month. If no births or no deaths occurred in any month, he shall on the fifth day of the following month, report that fact to the state commissioner of health on a card provided for such = purpose.
16 A local registrar may charge a fee of twenty-five cents for a search or fifty cents for a verified transcript of any record of a birth or death recorded in his district, provided however, that no fee shall be charged for certifications or transcripts to be used for school entrance, employment certificates, or for purposes of government compensation.
17 Each registrar shall transmit forthwith to the district health officer, if such registrar's primary district is included as
14 Words except that the issuance of such certificate of registration may be postponed until the child's given name is also registered;" omitted.
15 Remainder of sentence new.
16 Following paragraph new.
17 Remainder of section materially amended.
8 390 amended.
§ 391 amended.
part of a general health district established under section twenty-b of article three of this act, on a form or forms to be designed and furnished by the state commissioner of health, a summary of the information set forth on each birth certificate and on each death certificate, which has been registered in such primary registration district. Each registrar shall be paid by the board of health of the general health district twenty cents for each such summary promptly transmitted, for each district which such regis trar serves; and such compensation shall be paid annually upon certification by the district health officer to the district board of health.
§ 7. Section three hundred and ninety of such chapter, as added by chapter six hundred and nineteen of the laws of nineteen hundred and thirteen and last amended by chapter two hundred and thirteen of the laws of nineteen hundred and nineteen,18 is hereby amended to read as follows:
§ 390. Fees of registrar for the prompt and correct return and filing of birth and death certificates. Except as hereinbefore other wise provided each registrar and each physician and each midwife shall be paid the sum of twenty-five cents for each birth certificate properly and completely made out and registered and each death certificate properly and completely made out in accordance with the international list of causes of death and returned and filed with the registrar and correctly recorded and promptly returned by him to the state commissioner of health, as required by this article. And in case no births or no deaths were registered during any month, the local registrar shall report to that effect. Each local registrar shall be paid the sum of two dollars for a complete13 monthly report to be transmitted on the fifth day of the following month to the state commissioner of health on such form as may be provided or required by the commissioner. All amounts payable to the local registrar under the provisions of this article shall be paid by the municipality comprising the registration district, upon certification by the state commissioner of health and all amounts payable to physicians and midwives20 shall be certified to by the local registrar annually and paid to said physicians and midwives by said municipality. The state commissioner of health shall annually certify to the municipality the number of births and deaths properly registered, and of complete monthly reports promptly transmitted,21 with the name of the local registrar and the amount due him at the rate fixed herein. In addition thereto the local registrar shall be paid a fee of twenty-five cents for each burial, removal or transit permit issued by him.
§ 8. Section three hundred and ninety-one of such chapter, as added by chapter six hundred and nineteen of the laws of nineteen hundred and thirteen and amended by chapter three hundred and ninety-eight of the laws of nineteen hundred and twenty-one, is hereby amended to read as follows:
18 Previously amended by L. 1915, ch. 385; L. 1917, ch. 111.
19 Word " complete" new.
20 Words and midwives " new.
21 Words "and of complete monthly reports promptly transmitted," new.
§ 391. Certified copies of records; state commissioner of health to furnish. The state commissioner of health or person authorized by him may, upon request, supply any applicant a certified copy of the record of any birth or death registered under the provisions of this act, for the making and certification of which he shall be entitled to a fee of one dollar, to be paid by the applicant; provided that the United States census bureau may obtain, without expense to the state, transcripts of certified copies of births and deaths without payment of fee here prescribed, for use solely as statistical data. Any copy of the record of a birth or death, when properly certified by the state commissioner of health or person authorized to act for him shall be prima facie evidence in all courts and places of the facts therein stated. For any search of the files and records when no certified copy is made, the state commissioner of health shall be entitled to a fee of fifty cents for each hour or fractional part of an hour of time of search, said fee to be paid by the applicant.
If at any time after the birth, or within one year of the death of any person within the state, a certified copy of the official record of said birth or death with the information required to be registered by this act, be necessary for legal, judicial, or other proper purposes, and, after search by the state commissioner of health or his representative,24 it should appear that no such certificate of birth or death was made and filed as provided by this act, then the25 state commissioner of health shall immediately require the physician, or midwife, who, being in attendance upon a birth since the date of the taking effect of this act, failed or neglected to file a certificate thereof or the undertaker, or other person who having charge of the interment or removal of the body of the deceased person since the date of the taking effect of this act, failed or neglected to file the certificate of death, if he or she be living to obtain and file at once with the local registrar such certificate in as complete form as the lapse of time will permit, together with a fee of five dollars, which shall be transmitted to the state commissioner of health and accounted for as a fee for certified copies. 26 With said certificate shall be filed such sworn statements or affidavits as may be required by the state commissioner of health. The delinquent physician, midwife, undertaker, or other person may also, in the discretion of the state commissioner of health be prosecuted as required by this article, and shall be prosecuted without bar from the statute of limitations, if he or she shall neg22 Words or person authorized by him new.
23 Words " or person authorized to act for him," new. 24 Words or his representative new. 25 Words person asking for such certified copy may file a sworn statement, to be accompanied by the affidavits of two competent witnesses, as to the fact of birth or death, with as many particulars of the standard certificate supplied as possible, and the state commissioner of health shall file it and issue a certified copy thereof to said applicant without fee and without charge for time of search; and the," omitted.
26 Following sentence formerly read: "With said certificate shall be filed the sworn statement and affidavits hereinabove mentioned."