N.J. Admin. Code § 8:2A-2.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:2A-2.1 - Certified copies

(a)The State Registrar or a local registrar may only issue a certified copy of a death record to a person who satisfies the following requirements:

1.The person is able to identify the record;

2.The person provides, at a minimum, all of the information requested on the Vital Statistics and Registration form entitled "Application for a Certification or a Certified Copy of a Vital Record," available from the Department upon request by calling (609) 292-4087 and at http://nj.gov/health/vital/vital.shtml; and

3.The person produces documentation verifying that he or she is:

i.The parent of the subject of the death record;

ii.The subject's legal guardian or legal representative;

iii.The subject's spouse or domestic partner;

iv.The subject's child, grandchild or sibling, if of legal age;

v.A State or Federal agency requesting the record for official purposes;

vi.A person requesting the record pursuant to a court order; or

vii.A person requesting the record under emergent circumstances, as determined on a case-by-case basis by the Commissioner.

(b)The certified copy of the death record shall include information deemed appropriate by the State Registrar; however, at a minimum, it shall include the name of the decedent, place of death (county, municipality), date of death, sex, date of birth, date of issuance and manner of death, providing this information is available.

(c)The certified copy of the death record may include other information; however, the last sickness and death particulars (cause of death and medical particulars) will only be included on the certified copy of the death record if the applicant satisfies the requirement in (a)3 above and requests that the last sickness and death particulars be included.

(d)Any of the relatives to the decedent listed in (a)3i through iv above, with the exception of the funeral director as legal representative, may consent to the release to a third party of a certified copy of the death record containing cause of death and medical particulars. Such consent must be provided in the form of an Authorization for Release of Cause of Death similar to that set forth in Appendix A, incorporated herein by reference.

(e)Any certified copy of a death record, with or without last sickness and death particulars, may be released without consent under the following conditions:

1.To qualified personnel for the purpose of conducting scientific research only under the following conditions:

i.An Institutional Review Board, constituted pursuant to Federal regulation 45 C.F.R. 46.101 et seq., shall review and approve the research protocol prior to release of the death record;

ii.Research personnel shall not identify the subject of the record, directly or indirectly, in any report of the research; and

iii.Research personnel shall not disclose the identity of the subject of the record in any manner;

2.To qualified personnel for the purpose of conducting management audits, financial audits or program evaluation only under the following conditions:

i.Personnel shall not identify the subject of the record, directly or indirectly, in any report of an audit or evaluation;

ii.Personnel shall not disclose the identity of the subject of the record in any manner; and

iii.Identifying information shall not be released to the personnel unless it is vital to the audit or evaluation;

3.To the Department as required by State or Federal law; or

4.As permitted by the rules adopted by the Commissioner for the purposes of disease prevention and control.

N.J. Admin. Code § 8:2A-2.1