2010 death amendment rules refresher training

2010 Death Amendment Rules Refresher Training

Death Amendment Rules Refresher

Office of the State Registrar

Death Record AmendmentsMinnesota Rules, part 4601.2100, subpart 2

Within 45 Days and Before Issuance

Informant or entity that filed death record may request an amendment

Amendment is limited to corrections of information originally recorded in error or the provision of missing information

Death Record Amendments

Minnesota Rules, part 4601.2100, subpart 1

Amending After 45 days OR Issuance

Requesting an Amendment

Any person may request an amendment to a death record

Amendment requests to demographic information can be made through the funeral director, informant, local or state registrar; but only the local or registrar can amend the record

Refer amendment requests to cause of death information to the State Registrar.




Amending through the Funeral Establishment

Must be within one year of the date of death

Informant must give written approval to the requested amendment

Registrar amends record upon receipt of written request from the funeral establishment

Death Record AmendmentsMinnesota Rules, part 4601.2100, subpart 4


Amending through the Informant

Must be within the first year after death

Must present to the registrar a notarized statement to amend

Statement from the informant must attest: he/she is the informant named on the original documentation of death; requested amendment is accurate; and he/she agrees to the requested amendment.




Amending through a local registrar

Must be within five years of a death

Must use the application to request an amend

Amendment is limited to change in name, date of death, place of death, date of birth, parentage, spouse’s name, maiden name, marital status, SSN or sex

Must present acceptable documentation




Review Documentation Carefully

LegibleNo Erasures or alterationsSource & DateOriginal or Authenticated


Minnesota Rules, part 4601.2100, subpart 5, item B


Acceptable documents: Birth record Marriage certificate Divorce decree Legal description of the place of death as recorded with

the county recorder Social Security Number (SSN) history from SSA Notarized statement from a person who was present at

the death (date or place of death) Court order that instructs a registrar to make the

requested change


Minnesota Rules, part 4601.2100, subparts 5 and 6


Refer to the state registrar if:More than five years have elapsed from the

date of deathThe requested amendment is to non-

demographic informationThe person requesting amendment cannot

provide acceptable documentationThe item to be amended has been

previously amended


FEES

Fees for Death AmendmentsMinnesota Statutes, section 144.226, subd. 1, paragraph (d)

There is no fee if the request for an amendment is made within 45 days of filing

The fee is $40.00 for amendment requests made more than 45 days after filing

Fees for Death CertificatesMinnesota Statutes, section 144.226, subd, 1, paragraph (a)Minnesota Rules, part 4601.0400, subpart 6, item A

If the certificate to be amended is surrendered:

There is no fee if the surrendered death certificate was issued less than one year ago

There is a $4 fee for deaths if the surrendered death certificate was issued more than one year ago

Fees for Death CertificatesMinnesota Statutes, section 144.226Minnesota Rules, part 4601.0400

If the certificate to be amended is not surrendered:

The Fee is $13 for a death certificate unless other reductions apply


Informant or entity who filed the death record may request an amendment

Amendment is limited to corrections in original death record and the provision of missing information

No fee for amendments made within 45 days and before issuance


$40 fee after 45 days or issuanceAmending through funeral director

must be within one year of the date of death and must be in writing

Amending through the Informant must be within one year, with notarized statement from the informant stating he/she agrees to the amendment


Amending through a local registrar must be within five years of the date of death and is limited to the decedent’s demographic information

Refer amendments to cause of death to the State Registrar

Must present acceptable documentation

What’s new in Vital Records?

FAMILY FUNERALS

Who has the right to make decisions about the body disposition after death or about the funeral?

The deceased or their family members.In Minnesota, there is a statutory

obligation for survivors to honor the written wishes of the deceased.

In situations where the decedent’s wishes are contested, the wishes of the next-of-kin take precedence.

Mortuary Science Regulation Minnesota Statutes 149A

Changes to Minnesota Statutes 149A became effective August 1, 2010.

The changes expand the rights of families to care for their own dead without the assistance of a funeral director.

The bill modified provisions relating to viewing, transporting and removal of a dead human body.

Family FuneralsHome Care of the Deceased

The right to hold a public visitation of an un-embalmed body within private property;

Use of dry ice instead of embalming for up to four days;

Have minors present; andHave flexible transportation options.

How does this affect your job

Families that do not retain a funeral director must file a death record at their Local Registrar’s office in the county where the death occurred or with the State Registrar.

Local Registrars may distribute the death worksheets. In those cases, direct the individual to complete the demographic portion only.

The medical portion of the death worksheet must be completed by the attending physician, and in some cases, the Medical Examiner.

Before the death record is filed:– Local Registrars must check the worksheet thoroughly for

completion, before entering the data into the VRV. Print the disposition permit and give the permit to family. Important to note, MDH is currently developing additional

policies and procedures related to family funerals.

2010 death amendment rules refresher training

Documents

death date

death information

death recordamendment

recordrefer amendment

date of birth

date of deathinformant

date of deaththe

receipt of written request