Local Registration Statutes Quiz True or False?

Abbreviations TAC = Texas Administrative Code HSC = Health and Safety Code CCP = Code of Criminal Procedure GC = Government Code

Question 1 True or False? A local registrar does not need to call attention to any incomplete or unsatisfactory items when a birth or death certificate is presented for registration.

Question 1 = False Health and Safety Code 191.027

Question 2 True or False? A death record is public information and available to the public on or after the 25th anniversary of the date of death.

Question 2 = False Government Code 552.115(a-1,2) Reason: After the 25th anniversary

Question 3 True or False? A summary death index must be prepared yearly in alphabetical order by surname of the registrant, followed by any given names or initials, the date of event, the county of occurrence, and the sex of the registrant.

Question 3 = True Texas Administrative Code 181.23(c)(3)

Question 4 True or False? A general birth index or a summary birth index is not public information and is not available to the public if the fact of an adoption or paternity determination can be revealed by the index.

Question 4 = True Texas Administrative Code 181.23(b)(2) Government Code 552.115(b)

Question 5 True or False? No certified copy or abstract should be issued if the security paper does not include specific security features, such as a latent image or a watermark

Question 5 = True Texas Administrative Code 181.28(c)12 DISCUSSION: Discuss all the security measures listed. It is important to verify with the state that all statutory security items are present when ordering new paper. Find out: who to contact at VSU?

Question 6 True or False? If an applicant doesn’t have a current form of photo identification, the applicant can present two valid supporting forms of identification, one of which must bear the applicant’s fingerprint.

Question 6 = False Texas Administrative Code 181.1(13) Reason: one of which bears the applicant’s SIGNATURE Forms of identification are listed in the Local Registrar Handbook. Albert will also be sharing additions to the TAC that will further help clarify what kind of identification will be accepted.

Question 7 True or False? There are no fee exemptions for issuing certified copies of vital records.

Question 7 = False Health & Safety Code 191.0046 Sec. 191.0046.  FEE EXEMPTIONS. (a) On the request of a child's parent or guardian, the state registrar shall issue without fee a certificate necessary for admission to school or to secure employment. The certificate shall be limited to a statement of the child's date of birth. (b)  The state registrar shall issue without fee a certified copy of a record not otherwise prohibited by law to a veteran or to the veteran's widow, orphan, or other dependent if the copy is for use in settling a claim against the government. (c)  On court order, the state registrar may issue without fee a certified copy of a birth record in cases related to child labor or the public schools. (d)  The state registrar on request shall issue without a fee a copy of a birth or death record that is not certified to a child fatality review team or the child fatality review team committee established under Subchapter F, Chapter 264, Family Code.

Question 8 True or False? A Child Protective Services (CPS) worker may obtain a birth certificate for a child they are representing.

Question 8 = True Texas Administrative Code 181.1(17) Reason: A CPS worker, can serve as the qualified applicant if they prove that they are a legal representative for the child and the reason why the record is needed. A legal representative is an attorney in fact a funeral director, or any other person designated by affidavit, contact or court order acting on behalf and for the benefit of the registrant or his or her immediate family. In order to determine the need for the protection for personal property rights when the legal representative is acting on behalf and for the benefit of the registrant or the registrant’s immediate family or other entity having a direct and tangible interest in the record, the state registrar, local registrar, or county clerk shall require a designation document or an attested statement to that effect.

Question 9 True or False? Local Registrars should file death certificates electronically, using the Texas Electronic System (TER).

Question 9 = True Health & Safety Code 193.002(4) Health & Safety Code 193.005(h) Health & Safety Code 195.002 Discussion: Discuss the importance of LR who aren’t on TER yet, need to comply and help other stakeholders uphold the law. Local registrars are not specifically required by law to submit death certificates electronically.  However, since the medical certifiers and funeral homes are, it is important that the local registrar is also using TER so that the other to entities who are required to use TER can comply.  Health and Safety Code 195.002 states the state registrar is to ensure the uniform compliance with the vital statistics law and states that the State Registrar has supervisory power over the local registrars.  To that end, we instruct locals that they should (I want to stress should - not must) enroll and use TER to ensure the uniform compliance with vital statistics law.  Sec. 193.002.  PERSON REQUIRED TO FILE. The person in charge of interment or in charge of removal of a body from a registration district for disposition shall: (1)  obtain and file the death certificate or fetal death certificate; (2)  enter on the certificate the information relating to disposition of the body; (3)  sign the certificate; and (4)  file the certificate electronically as specified by the state registrar. Health & Safety Code 193.005(h) (h)  The person completing the medical certification shall submit the information and attest to its validity using an electronic process approved by the state registrar. HSC Sec. 195.002.  SUPERVISION AND INVESTIGATION BY STATE REGISTRAR. (a) The state registrar shall execute this title throughout the state. To ensure uniform compliance with this title, the state registrar has supervisory power over local registrars, deputy registrars, and subregistrars.

Question 10 True or False? A deputy registrar should be appointed by each Local Registrar so that a registrar is available at all times for the registration of births and deaths

Question 10 = True Health and Safety Code 191.022 (c)

Question 11 True or False? Not later than the 10th of each month, the Local Registrar shall file an abstract of each death certificate issued and file it with the voter registrar of the decedent’s count of residence and the secretary of state.

Question 11= True Texas Election Code 16.001(a)

Question 12 True or False? The local registrar can mail a blank birth certificate to a mother who gave birth at home, in order to assist the mother with filing the birth.

Question 12 = False Texas Administrative Code 181.26(i) Reason: No blank birth certificate forms shall be distributed by mail to any one other than a registered, certified, or documented health care provider. Is there anyone you CAN mail a blank birth certificate too? Licensed institutions, certified nurse midwives, documented midwives, etc. Also must keep a record of the number of blank birth certificate forms and their control number issued to each individual.

Question 13 True or False? The essential elements to register a non- institutional birth are: proof of pregnancy; proof that there was an infant born alive; and proof that the infant’s birth occurred on the date stated.

Question 13 = False Texas Administrative Code 181.26(c) Reason: must also provide proof that the birth occurred in the registration district Only one affidavit of personal knowledge per birth registration handbook (a) All certificates of birth shall be filed as required by the Health and Safety Code, §192.001.   (1) Births occurring in a licensed institution shall be filed as required by the Health and Safety Code, §192.003. Licensed institutions include hospitals and birthing centers licensed by the department.   (2) Births occurring outside licensed institutions shall be filed as described in this section. (b) A registered, certified, or documented health care provider's signature on the birth certificate, or participation in electronic birth registration shall serve as prima facie evidence of the essential elements of proof required in subsection (c) of this section. The local registrar may accept certificates by mail when the signature of the registered, certified, or documented health care provider is on file with that registrar's office. (c) The essential elements to register a noninstitutional birth are:   (1) proof of pregnancy;   (2) proof that there was an infant born alive;   (3) proof that the birth occurred in the registration district; and   (4) proof that the infant's birth occurred on the date stated. (d) A birth as described in subsection (c) of this section shall only be filed upon personal presentation of the following evidence by the individual responsible for the preparation and registering of the certificate. An identifying document, with photograph, shall be presented in the following order of preference:   (1) a passport or certificate of naturalization;   (2) a military service or military dependent identification card;   (3) a United States government identification card, or national identification card issued by another country;   (4) a current driver's license or other state identification card;   (5) an alien registration receipt card; or   (6) an employee or student identification card, with photograph. (e) At the discretion of the local registrar, the requirements contained in this section may be supplemented with any additional requirements which may be needed to verify the circumstances of the birth. Such additional requirements may include, but are not limited to, one or more of the following:   (1) an unannounced visit to the mother's residence or the place of the alleged birth by a public health nurse, other health professional, registrar staff, or other person including city, county, state, or federal law enforcement officer, prior to registering the alleged birth. This paragraph does not permit nor give authority to enter these premises unless permission is obtained from the occupant at the time of the visit;   (2) multiple forms of identifying documents, with or without photographs, when the documents described in this section are unavailable;   (3) personal appearance of both parents, either together or separately; or   (4) personal appearance of the infant whose birth certificate the parents are attempting to file. (f) If the required or supplemental evidence described in this section is not available and the registrar is otherwise unable to verify the circumstances of the birth, the birth may only be filed upon order of a court of competent jurisdiction. (g) A certificate of birth concerning a child who is between one and four years of age may only be filed by the state registrar. The state registrar shall require the same proof and documentation as previously mentioned in this section and, in addition, an affidavit of the parents and the attendant, if any, as to why the certificate was not timely filed. If the proof and documentation are not available, the certificate may only be filed as prescribed by the Health and Safety Code, §192.027. (h) Each local registrar shall notify the state registrar's office of any suspicious documents or records submitted or filed with his/her office. (i) Blank birth certificate forms shall only be issued to licensed institutions, certified nurse midwives, documented midwives, and individuals by the local registrar or the state registrar in reasonable amounts. No blank birth certificate forms shall be distributed by mail to any one other than a registered, certified, or documented health care provider. (j) Each local registrar shall maintain a record of the number of blank birth certificate forms and their control number issued to each individual. The local registrar shall submit a copy of this record to the state registrar on a monthly basis.