1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) Amendment.

      1. (a) “Amendment” means an alteration of or change to a vital record based on a court order or documentation specified in this chapter.
      2. (b) “Amendment” includes more than one alteration of or change to a vital record, if the alterations or changes are specified in the same court order or the same request supported by documentation specified in this chapter.
   2. (2) “Amendment to change a name” means changing or altering any part of the name on a vital record.
   3. (3) “Attending clinician” means the physician, nurse midwife, or direct-entry midwife in charge of a birth outside an institution.

   4. (4) Authorized Representative.

      1. (a) “Authorized representative” means a parent, guardian, or other representative of the subject of the vital record who presents evidence, satisfactory to the Secretary, that that individual is an authorized representative.

      2. (b) “Authorized representative” includes but is not limited to:

         1. (i) A member of the immediate or surviving family;
         2. (ii) A direct ascendant or descendent;
         3. (iii) An executor;
         4. (iv) An attorney; or
         5. (v) After October 1, 1999, a confidential intermediary or the Director of the Social Services Administration of the Department of Human Services.
   5. (5) “Common carrier” means a public transportation business, line, or system which moves persons or goods from place to place. For the purpose of these regulations, “common carrier” does not include a funeral director's hearse or vehicle.
   6. (6) “Confidential intermediary” means an individual or child placement agency qualified by the Director of the Social Services Administration of the Department of Human Services for the purpose of providing search, contact, and reunion services, as defined at §B(19) of this regulation.
   7. (7) “Correction of a name” means altering the spelling of a name to eliminate an obvious misspelling, such as Jaon to Joan, or to eliminate a spelling contrary to the one used by the family, such as Smith to Smythe.
   8. (8) “Dead body” means a lifeless human body or parts of a body or its bones from the condition of which it reasonably may be concluded that death has occurred. The term “dead body” does not apply to amputated parts.
   9. (9) “Delayed birth registration” means registration of a birth when the child is more than 1 year old.
   10. (10) “Department” means the Maryland Department of Health.
   11. (11) “Direct-entry midwife” means an individual licensed to practice direct-entry midwifery under Health Occupations Article, Title 8, Subtitle 6C, Annotated Code of Maryland.
   12. (12) “Electronic signature” means an electronic process associated with a record and executed by an individual with the intent to sign the record.
   13. (13) “Fetal death” means death before the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy. The death is indicated by the fact that after the separation, the fetus does not breathe or show any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.
   14. (14) “Filing” means the presentation of a certificate, report, or other record provided for in this subtitle, of a birth, death, fetal death, adoption, marriage, or divorce for registration by the Secretary.
   15. (15) “Final disposition” means the burial, interment, cremation, or other disposition of a dead body or fetus.
   16. (16) “Human remains” means a dead body or dead fetus for whom a death certificate is required to be filed under this chapter or Health-General Article, Title 4, Subtitle 2, Annotated Code of Maryland.

   17. (17) “Institution” means any establishment, public or private:

       1. (a) Which provides in-patient medical, surgical, or diagnostic care or treatment;
       2. (b) Which provides nursing, custodial, or domiciliary care to two or more unrelated individuals; or
       3. (c) To which persons are committed by law.
   18. (18) “Live birth” means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the period of gestation, which, after separation, breathes or shows any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscle, whether the umbilical cord has been cut or the placenta is attached.
   19. (19) “Mortician” means a funeral director and mortician as defined in Health Occupations Article, Title 7, Annotated Code of Maryland, or other person who is authorized to make final disposition of the human remains.
   20. (20) “Nurse midwife” means an individual certified to practice as a nurse midwife under Health Occupations Article, Title 8, Annotated Code of Maryland.
   21. (21) “Physician” means a person authorized or licensed to practice medicine in this State pursuant to the provisions of Health Occupations Article, Title 14, Annotated Code of Maryland.
   22. (22) “Physician Assistant” means an individual who is licensed under Health Occupations Article, Title 15, Annotated Code of Maryland, to practice medicine with physician supervision.
   23. (23) “Registration” means the acceptance by the Secretary and the incorporation in the Department's official records of certificates, reports, or other records provided for in this subtitle, of births, deaths, fetal deaths, adoptions, marriages, or divorces.

   24. (24) “Search, contact, and reunion service” means a service to:

       1. (a) Locate adopted individuals and biological parents of adopted individuals;
       2. (b) Assess the mutual desire for communication or disclosure of information between adopted individuals and biological parents of adopted individuals; and
       3. (c) Provide, or provide referral to, counseling for adopted individuals and biological parents of adopted individuals.
   25. (25) “Secretary” means the Secretary of Health.
   26. (26) “Vital records” means records of birth, death, fetal death, marriage, divorce, adoption, and adjudication of paternity required by law to be registered with the Secretary.

Authority: Family Law Article, §§5-359, 5-3A-42, and 5-3B-29, and Title 5, Subtitle 4B;
Health-General Article, §§4-201—4-227 and 13-2207; Annotated Code of Maryland
Ch.316, Acts of 2016; Public Law 108-458; Public Law 109-13

Effective date: October 7, 1963

Amended effective January 1, 1965; May 16, 1966; January 1, 1970

Regulations .01—.09 repealed effective November 30, 1987 (14:24 Md. R. 2555)

Annotation: COMAR 10.03.01.07 cited in Attorney General Opinion No. 85-035 (December 31, 1985)

Regulations .01—.10 adopted effective November 30, 1987 (14:24 Md. R. 2555)

Regulation .01B amended effective August 17, 1992 (19:16 Md. R. 1474); January 2, 1994 (20:26 Md. R. 2027); January 24, 2000 (27:1 Md. R. 75); February 19, 2001 (28:3 Md. R. 205)

Regulation .01B amended as an emergency provision effective September 8, 2003 (30:19 Md. R. 1327); amended permanently effective December 11, 2003 (30:24 Md. R. 1740)

Regulation .01B amended effective October 8, 2007 (34:20 Md. R. 1736); June 15, 2009 (36:12 Md. R. 837)

Regulation .02 amended effective August 25, 1997 (24:17 Md. R. 1214)

Regulation .02 amended as an emergency provision effective December 18, 2002 (30:1 Md. R. 21)

Regulation .02 amended effective March 31, 2003 (30:6 Md. R. 420)

Regulation .02A, E amended effective June 15, 2009 (36:12 Md. R. 837)

Regulation .02C amended effective September 13, 1993 (20:18 Md. R. 1430)

Regulation .02D amended effective January 2, 1994 (20:26 Md. R. 2027)

Regulation .03B amended effective January 2, 1994 (20:26 Md. R. 2027)

Regulation .05 amended effective February 19, 2001 (28:3 Md. R. 205)

Regulation .06 amended effective February 19, 2001 (28:3 Md. R. 205)

Regulation .07 amended effective January 24, 2000 (27:1 Md. R. 75)

Regulation .07 amended as an emergency provision effective December 18, 2002 (30:1 Md. R. 21)

Regulation .07 amended as an emergency provision effective September 8, 2003 (30:19 Md. R. 1327); amended permanently effective December 11, 2003 (30:24 Md. R. 1740)

Regulation .07 amended effective October 8, 2007 (34:20 Md. R. 1736)

Regulation .07A amended effective January 2, 1994 (20:26 Md. R. 2027); August 25, 1997 (24:17 Md. R. 1214)

Regulation .07B amended effective August 17, 1992 (19:16 Md. R. 1474); January 2, 1994 (20:26 Md. R. 2027); June 15, 2009 (36:12 Md. R. 837); October 19, 2009 (36:21 Md. R. 1591)

Regulation .07C amended effective August 17, 1992 (19:16 Md. R. 1474)

Regulation .07D amended effective February 19, 2001 (28:3 Md. R. 205)

Regulation .07E amended effective July 9, 1990 (17:13 Md. R. 1610)

Regulation .07G amended effective January 17, 2005 (32:1 Md. R. 27)

Regulation .07H amended effective July 9, 1990 (17:13 Md. R. 1610); June 15, 2009 (36:12 Md. R. 837)

Regulation .07-1 adopted effective March 31, 2003 (30:6 Md. R. 420)

Regulation .09 amended as an emergency provision effective December 18, 2002 (30:1 Md. R. 21)

Regulation .09 amended effective March 31, 2003 (30:6 Md. R. 420); June 15, 2009 (36:12 Md. R. 837)

Regulation .11 adopted as an emergency provision effective January 20, 1989 (16:3 Md. R. 336); adopted permanently effective July 10, 1989 (16:13 Md. R. 1421)

Regulation .11 repealed effective June 15, 2009 (36:12 Md. R. 837)

Regulation .12 adopted as an emergency provision effective November 15, 1989 (16:26 Md. R. 2782); adopted permanently effective February 19, 1990 (17:3 Md. R. 297)

Regulation .12 amended effective February 18, 1991 (18:3 Md. R. 305)

Regulation .12 amended as an emergency provision effective September 8, 2003 (30:19 Md. R. 1327); amended permanently effective December 11, 2003 (30:24 Md. R. 1740)

Regulation .12B amended effective November 23, 2006 (33:23 Md. R. 1794)

Regulation .13 adopted effective August 17, 1992 (19:16 Md. R. 1474)

Regulation .14 adopted as an emergency provision effective September 8, 2003 (30:19 Md. R. 1327); adopted permanently effective December 11, 2003 (30:24 Md. R. 1740)

Chapter revised effective January 9, 2012 (38:27 Md. R. 1764)

Regulation .01B amended effective October 28, 2013 (40:21 Md. R. 1774); June 4, 2018 (45:11 Md. R. 578)

Regulation .02 amended effective June 4, 2018 (45:11 Md. R. 578)

Regulation .03 amended effective June 4, 2018 (45:11 Md. R. 578)

Regulation .03C amended effective January 18, 2016 (43:1 Md. R. 13)

Regulation .05F amended effective June 4, 2018 (45:11 Md. R. 578)

Regulation .06 amended effective June 4, 2018 (45:11 Md. R. 578)

Regulation .08B amended effective February 13, 2017 (44:3 Md. R. 188)

Regulation .08I, J amended effective August 29, 2016 (43:17 Md. R. 953)

Regulation .10A amended effective June 4, 2018 (45:11 Md. R. 578)

Regulation .13 amended effective April 15, 2013 (40:7 Md. R. 610)

Regulation .14A amended effective October 28, 2013 (40:21 Md. R. 1774)

Regulation .16 adopted effective June 4, 2018 (45:11 Md. R. 578)