NRS: CHAPTER 440 - VITAL STATISTICS

[Rev. 6/29/2024 4:06:52 PM--2023]

CHAPTER 440 - VITAL STATISTICS

GENERAL PROVISIONS

NRS 440.005 “Advanced practice registered nurse” defined.

NRS 440.010 “Board” defined.

NRS 440.020 “Dead body” defined.

NRS 440.025 “Human remains” and “remains” defined.

NRS 440.030 “Live birth” defined.

NRS 440.035 “Midwife” defined.

NRS 440.040 “Person in charge of interment” defined.

NRS 440.050 “Physician” defined.

NRS 440.060 “State Registrar” defined.

NRS 440.070 “Stillbirth” defined.

NRS 440.080 “Vital statistics” defined.

NRS 440.085 Chapter inapplicable to remains of native Indian.

NRS 440.090 Requisites of certificates.

NRS 440.100 Persons required to furnish information.

STATE ADMINISTRATION

NRS 440.110 State Registrar of Vital Statistics.

NRS 440.120 Regulations of State Board of Health concerning registration; enforcement by State Registrar.

NRS 440.125 State Registrar required to ensure security and confidentiality of vital statistics; release of certain vital statistics.

NRS 440.130 Preparation and distribution of forms and blanks; charge for blank certificate.

NRS 440.135 Form for reporting divorce or annulment of marriage: Preparation; contents; distribution.

NRS 440.140 Preparation and issuance of instructions; use of other forms and blanks prohibited.

NRS 440.150 Examination and supplementation of certificates.

NRS 440.155 Registration of altered or amended certificates.

NRS 440.160 Preservation, indexing and copying of certificates.

NRS 440.165 Reproduction of original records and files.

NRS 440.170 Records open to inspection; use of data restricted.

NRS 440.175 Furnishing statistical data; limitation on preparation or issuance of certain documents; charging fees to homeless persons, imprisoned persons and certain persons released from prison prohibited; remittance of fees required for issuing copies; notification concerning missing documents.

LOCAL ADMINISTRATION

NRS 440.190 County health officer as registrar.

NRS 440.200 Furnishing blank certificates.

NRS 440.210 Certificates of birth and death: Examination by local health officer.

NRS 440.220 Certificates of birth and death: Enforcement of requirements by local health officer.

NRS 440.230 Certificates of birth and death: Numbering; attestation of date of filing by local health officer.

NRS 440.240 Certificates of birth and death: Preservation of copies by local health officer.

NRS 440.250 Certificates of birth and death: Filing by deputy county health officer; filing of list of deceased persons with public administrator or certain other persons.

NRS 440.260 Certificates of birth and death: Time for delivery to State Registrar.

REGISTRATION OF BIRTH

NRS 440.270 Immediate registration required.

NRS 440.280 Duty of registering birth: Persons required to file; time for filing; required information.

NRS 440.283 Voluntary acknowledgment of paternity: Board to develop and distribute declarations to be signed; certain entities to provide services and notice concerning effect of declaration.

NRS 440.285 Voluntary acknowledgment of parentage: Board to develop and distribute declarations to be signed; certain entities to provide notice concerning effect of declaration.

NRS 440.287 Rescission of declaration for voluntary acknowledgment of paternity or parentage.

NRS 440.290 Certificate of birth: Form and contents.

NRS 440.300 Certificate of birth: Supplemental report of name required for unnamed child.

NRS 440.303 Certificate of birth: Replacement of certificate written in foreign language; application for and preparation of new certificate written in English.

NRS 440.305 Certificate of birth: State Registrar to change name on certificate upon request of certain persons.

NRS 440.310 Certified reports and other documents pertaining to adoption: Duties of State Registrar; opening of sealed documents upon order of court.

NRS 440.315 Certificate of birth: Removal of notation of illegitimacy; application for and issuance of new certificate.

NRS 440.319 Certificate of birth: Effect of gestational agreement.

NRS 440.325 Certificate of birth: Issuance of new certificate upon establishment of paternity or parentage; availability of record on court order; availability of records to Division of Welfare and Supportive Services of Department of Health and Human Services.

NRS 440.327 Certificate of birth: Requests for certificates of certain missing children.

NRS 440.330 Registration of foundling; contents of report.

NRS 440.340 Registration of stillborn children.

RECORDS REGARDING DEATH AND DISPOSITION OF REMAINS

NRS 440.350 Form and contents of certificate of death or stillbirth.

NRS 440.360 Authentication of personal and statistical information concerning certificate.

NRS 440.370 Signature required on statement of facts concerning disposition of body.

NRS 440.380 Medical certificate of death: Signature; contents.

NRS 440.390 Presentation of certificate of stillbirth.

NRS 440.400 Effect of using indefinite or unsatisfactory terms on certificate.

NRS 440.410 Manner of defining cause of death.

NRS 440.415 Pronouncement of death by registered nurse or physician assistant: Conditions; release of body; regulations.

NRS 440.420 Duties of funeral director, health officer, coroner and coroner’s deputy when death occurs without medical attendance.

NRS 440.430 Duties of coroner.

NRS 440.433 Notice to parents or guardian of autopsy upon body of minor; placement of internal organs.

NRS 440.435 Death caused by sudden infant death syndrome: Ordinance may authorize postmortem examination; duties of coroner.

NRS 440.437 Death caused by sudden infant death syndrome: Report by State Registrar.

NRS 440.440 Duties of funeral director and sheriff upon death of unknown person.

NRS 440.450 Prerequisites to disposal of body.

NRS 440.460 Personal and statistical information.

NRS 440.470 Presentation of certificate of death.

NRS 440.480 Statement as to disposition of body.

NRS 440.490 Presentation of completed certificate of death to local registrar.

NRS 440.495 Notification of county clerk or registrar of voters.

NRS 440.500 Burial and removal permits: Issuance; contents; death from infectious, contagious or communicable disease.

NRS 440.510 Contents of burial permit.

NRS 440.520 Disposition of burial or removal permit.

NRS 440.530 Burial permit to accompany body.

NRS 440.540 Necessity for permit to inter more than 72 hours after death; removal of body to another registration district.

NRS 440.550 Body transported from another state.

NRS 440.560 Interment without burial permit prohibited.

NRS 440.570 Validity of burial permit in another district.

NRS 440.580 Signature, endorsement and return of permit.

NRS 440.590 Records of interments.

RECORDS OF MARRIAGE

NRS 440.595 Filing with State Registrar; duties of county recorder, certain county clerks and State Registrar.

NRS 440.600 County clerk required to report number of marriage licenses issued.

RECORDS OF DIVORCE AND ANNULMENT OF MARRIAGE

NRS 440.605 Reports to be filed by clerk of district court with State Registrar; fees.

CERTIFICATES AS EVIDENCE; DELAYED OR ALTERED CERTIFICATES

NRS 440.610 Certificate as prima facie evidence.

NRS 440.620 Proof required for filing of delayed certificate.

NRS 440.630 Procedure for delayed or altered certificates.

NRS 440.640 Delayed or altered certificates as evidence.

CERTIFIED COPIES OF RECORDS; FEES OF STATE AND LOCAL REGISTRARS

NRS 440.650 Issuance of certified copy of certificate; limitation; notification concerning documents missing from application.

NRS 440.660 Certified copy of record of birth or death is prima facie evidence.

NRS 440.670 Abstracted birth certificate: Issuance; contents; form; use as evidence.

NRS 440.690 Receipt of fees: Accounting; deposit; refunding overpayments; use of certain proceeds.

NRS 440.700 Fees for services and copies of certificates; certificates available without fee to certain persons.

NRS 440.710 Salary or fee of deputy registrar; local health officer prohibited from charging fee for issuance of burial or removal permit.

NRS 440.715 Fee for support of office of county coroner.

UNLAWFUL ACTS; PENALTIES

NRS 440.720 Neglect or refusal of physician or advanced practice registered nurse to execute medical certificate of death.

NRS 440.730 False certification of cause of death by physician or advanced practice registered nurse.

NRS 440.735 Affixing of signature to uncompleted certificate of death.

NRS 440.740 Failure or refusal to file certificate of birth with local health officer.

NRS 440.750 Interment, removal or other disposition of dead body without permit.

NRS 440.760 Alteration of certificate of birth or death.

NRS 440.765 Use or possession of certificate of birth of another person.

NRS 440.770 Furnishing false information for certificate of birth or death.

NRS 440.773 Sale for profit of copy or abstract of certificate of marriage.

NRS 440.775 Injunction against sale for profit of copy of certificate of marriage.

NRS 440.780 Violation of chapter or regulations of Board.

_________

GENERAL PROVISIONS

NRS 440.005 “Advanced practice registered nurse” defined. As used in this chapter, “advanced practice registered nurse” means a registered nurse who holds a valid license as an advanced practice registered nurse issued by the State Board of Nursing pursuant to NRS 632.237.

(Added to NRS by 2017, 1754)

NRS 440.010 “Board” defined. As used in this chapter, “Board” means the State Board of Health.

[Part 25a:199:1911; added 1941, 381; 1931 NCL § 5259.01]

NRS 440.020 “Dead body” defined. As used in this chapter, “dead body” means a lifeless human body, or such severed parts of the human body or the bones thereof, from the state of which it reasonably may be concluded that death had recently occurred, and where the circumstances under which such dead body was found indicate that the death has not been recorded.

[Part 25a:199:1911; added 1941, 381; 1931 NCL § 5259.01]

NRS 440.025 “Human remains” and “remains” defined. As used in this chapter “human remains” or “remains” means the body of a deceased person, and includes the body in any state of decomposition and the cremated remains of a body.

(Added to NRS by 1961, 255)

NRS 440.030 “Live birth” defined. As used in this chapter, “live birth” means a birth in which the child shows evidence of life after complete birth. A birth is complete when the child is entirely outside the person giving birth, even if the cord is uncut and the placenta still attached. The words “evidence of life” include heart action, breathing or coordinated movement of voluntary muscle.

[Part 25a:199:1911; added 1941, 381; 1931 NCL § 5259.01]—(NRS A 2021, 3428)

NRS 440.035 “Midwife” defined. As used in this chapter, “midwife” means:

1. A person certified as:

(a) A Certified Professional Midwife by the North American Registry of Midwives, or its successor organization; or

(b) A Certified Nurse-Midwife by the American Midwifery Certification Board, or its successor organization; or

2. Any other type of midwife.

(Added to NRS by 2021, 3428)

NRS 440.040 “Person in charge of interment” defined. As used in this chapter, “person in charge of interment” means any person who places, or causes to be placed, a deceased stillborn child, or dead body, or, after cremation, the ashes thereof, in the earth, a grave, tomb, vault, urn or other receptacle, either in a cemetery or at any other place, or otherwise disposes thereof.

[Part 25a:199:1911; added 1941, 381; 1931 NCL § 5259.01]

NRS 440.050 “Physician” defined. As used in this chapter, “physician” is limited to a person authorized under the laws of this State to practice as such.

[Part 25a:199:1911; added 1941, 381; 1931 NCL § 5259.01]—(NRS A 1977, 960)

NRS 440.060 “State Registrar” defined. As used in this chapter, “State Registrar” means the State Registrar of Vital Statistics.

[Part 25a:199:1911; added 1941, 381; 1931 NCL § 5259.01]—(NRS A 1985, 290)

NRS 440.070 “Stillbirth” defined. As used in this chapter, “stillbirth” means a birth after at least 20 weeks of gestation, in which the child shows no evidence of life after complete birth.

[Part 25a:199:1911; added 1941, 381; 1931 NCL § 5259.01]

NRS 440.080 “Vital statistics” defined. As used in this chapter, “vital statistics” means records of birth, legitimation of birth, death, fetal death, marriage, annulment of marriage, divorce and data incidental thereto.

[Part 25a:199:1911; added 1941, 381; 1931 NCL § 5259.01]—(NRS A 1967, 1107)

NRS 440.085 Chapter inapplicable to remains of native Indian. The provisions of this chapter do not apply to the interment, removal or other disposition of the human remains of a native Indian pursuant to NRS 383.150 to 383.190, inclusive.

(Added to NRS by 1989, 576)

NRS 440.090 Requisites of certificates. All certificates, either of birth, death or stillbirth, shall be written legibly, in unfading black ink, or typewritten, and no certificate shall be held to be complete and correct that does not supply all of the items of information called for, or satisfactorily account for their omission.

[Part 14:199:1911; A 1941, 381; 1931 NCL § 5248]

NRS 440.100 Persons required to furnish information. All physicians, registered nurses, midwives, informants or funeral directors, and all other persons having knowledge of the facts, shall furnish such information as they may possess regarding any birth or death upon demand of the State Registrar, in person, by mail, or through the local health officer.

[Part 18:199:1911; RL § 2969; NCL § 5252]—(NRS A 1983, 134; 1993, 1159)

STATE ADMINISTRATION

NRS 440.110 State Registrar of Vital Statistics. The Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services is the State Registrar of Vital Statistics.

[Part 5:199:1911; A 1939, 297; 1945, 130; 1943 NCL § 5239]—(NRS A 1983, 834; 2013, 3047)

NRS 440.120 Regulations of State Board of Health concerning registration; enforcement by State Registrar.

1. The Board shall provide an adequate system for the registration of births and deaths by adopting and enforcing regulations prescribing the method and form of making such registration.

2. The State Registrar shall carry into effect the regulations and orders of the Board.

[1:119:1929; NCL § 5277] + [2:119:1929; NCL § 5278]—(NRS A 1985, 369)

NRS 440.125 State Registrar required to ensure security and confidentiality of vital statistics; release of certain vital statistics.

1. In accordance with the regulations adopted by the Board, the State Registrar shall ensure the security and confidentiality of vital statistics maintained by his or her office.

2. Except as otherwise provided in this section and NRS 440.170, 440.175 and 440.650, information relating to vital statistics may be released:

(a) If the vital statistic is a certificate of birth, 125 years after the date of the birth.

(b) If the vital statistic is a certificate of death, 50 years after the date of the death.

(Added to NRS by 2013, 147)

NRS 440.130 Preparation and distribution of forms and blanks; charge for blank certificate.

1. The Board shall prepare, print and supply to all local health officers all blanks and forms used in registering, recording and preserving the returns, or in otherwise carrying out the purposes of this chapter.

2. The State Registrar shall charge for each blank certificate of birth, death or stillbirth a fee of $1.

[Part 18:199:1911; RL § 2969; NCL § 5252]—(NRS A 1983, 894)

NRS 440.135 Form for reporting divorce or annulment of marriage: Preparation; contents; distribution.

1. The Board shall prescribe, and the State Registrar shall furnish in sufficient numbers to each county clerk for distribution, a form for the reporting of divorces and annulments of marriage.

2. The information required by such form must be limited to:

(a) The names of the parties;

(b) The court and county in which the decree is granted; and

(Added to NRS by 1967, 1108; A 1997, 2338; 2007, 1314)

NRS 440.140 Preparation and issuance of instructions; use of other forms and blanks prohibited. The Board shall prepare and issue such detailed instructions as may be required to procure the uniform observance of this chapter and the maintenance of a perfect system of registration, and no forms or blanks other than those so prepared shall be used.

[Part 18:199:1911; RL § 2969; NCL § 5252]

NRS 440.150 Examination and supplementation of certificates. The State Registrar shall carefully examine the certificates received from the local health officers, and if they are incomplete or unsatisfactory the State Registrar shall require such further information to be furnished as may be necessary to make the record complete and satisfactory.

[Part 18:199:1911; RL § 2969; NCL § 5252]

NRS 440.155 Registration of altered or amended certificates.

1. The State Registrar may approve an application for the registration of an altered or amended certificate if:

(a) The applicant has submitted an application prescribed by the Board;

(b) The State Registrar has received all documentation which is required in support of the altered certificate; and

2. The evidence affecting the alteration of a certificate, after it has been filed with the State Registrar, must be kept in a special permanent file.

3. The State Registrar shall dismiss an application for the registration of an altered certificate if the documentation submitted by the applicant does not comply with the requirements prescribed by the Board or if the State Registrar has cause to question the validity or adequacy of the documentation submitted by the applicant.

4. If the State Registrar dismisses an application for the registration of an altered certificate, the State Registrar shall inform the applicant of his or her right to seek a court order for the registration.

(Added to NRS by 2013, 147)

NRS 440.160 Preservation, indexing and copying of certificates. The State Registrar shall:

1. Arrange and permanently preserve the certificates in a systematic manner.

2. Prepare and maintain a comprehensive and continuous index of all births and deaths registered. The index must show the name of the child or the deceased, the place and date of birth or death and the number of the certificate. When a certificate of birth indicates that a person has changed his or her name, the index must contain an entry for each name.

3. Make a complete and accurate copy of each vital statistic, including, without limitation, using typewritten, photographic, electronic or other means of reproduction approved by the Board. Such a copy, when verified and approved by the State Registrar, shall be deemed to be the original record, and the original record may be disposed of in accordance with the regulations adopted by the Board.

[Part 18:199:1911; RL § 2969; NCL § 5252]—(NRS A 1960, 157; 1981, 464; 2013, 148)

NRS 440.165 Reproduction of original records and files. To preserve vital statistics, the State Registrar is authorized to prepare typewritten, photographic, electronic or other reproductions of original records and files in his or her office. Such reproductions, when verified and approved by the State Registrar, shall be deemed to be the original record, and the original record may be disposed of in accordance with the regulations adopted by the Board.

(Added to NRS by 1967, 1108; A 1971, 808; 2013, 148)

NRS 440.170 Records open to inspection; use of data restricted.

1. All certificates in the custody of the State Registrar are open to inspection subject to the provisions of this chapter. It is unlawful for any employee of the State to disclose data contained in vital statistics, except as authorized by this chapter or by the Board.

2. Information in vital statistics indicating that a birth occurred out of wedlock must not be disclosed except upon order of a court of competent jurisdiction.

3. The Board:

(a) Shall allow the use of data contained in vital statistics to carry out the provisions of NRS 442.300 to 442.330, inclusive;

(b) Shall allow the use of certificates of death by a multidisciplinary team:

(1) To review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475; and

(2) To review the death of a child established pursuant to NRS 432B.405 and 432B.406;

(1) Committee on Domestic Violence appointed pursuant to NRS 228.470; and

(2) Committee to Review Suicide Fatalities created by NRS 439.5104; and

(d) May allow the use of data contained in vital statistics for other research purposes, but without identifying the persons to whom the records relate.

[Part 45:199:1911; added 1941, 381; 1931 NCL § 5268.14]—(NRS A 1967, 1107; 1999, 3508; 2003, 865; 2011, 740; 2013, 368; 2017, 2468)

1. Upon request, the State Registrar may furnish statistical data to any federal, state, local or other public or private agency, upon such terms or conditions as may be prescribed by the Board.

2. No person may prepare or issue any document which purports to be an original, certified copy, certified abstract or official copy of:

(a) A certificate of birth, death or fetal death, except as authorized in this chapter or by the Board.

(b) A certificate of marriage, except a county clerk, county recorder or a person so required pursuant to NRS 122.120.

3. A person or governmental organization which issues certified or official copies pursuant to paragraph (a) of subsection 2 shall:

(a) Not charge a fee for issuing a certified or official copy of a certificate of birth to:

(1) A homeless person who submits on a form prescribed by the State Registrar a statement signed under penalty of perjury that the person is homeless. The issuing person or governmental organization shall not require such a statement to be notarized.

(2) A person who submits documentation from the Department of Corrections verifying that the person is imprisoned or was released from prison within the immediately preceding 90 days.

(b) Remit to the State Registrar fees collected which are charged in an amount established by the State Registrar by regulation:

(1) For each registration of a birth or death in its district.

(2) For each copy issued of a certificate of birth in its district, other than a copy issued pursuant to paragraph (a).

(3) For each copy issued of a certificate of death in its district.

4. A person or governmental organization which issues certified or official copies pursuant to paragraph (a) of subsection 2 shall, upon determining that required documents are missing from an application for a certified or official copy of a certificate of birth, notify the applicant of the deficiency. Such notice must include, without limitation, notice of the additional documents that the applicant must submit. If the applicant is a homeless person who submits on a form prescribed by the State Registrar a statement signed under penalty of perjury that the person is homeless, the person or governmental organization shall allow the applicant at least 30 days after the date of the notice to submit the missing documents. The issuing person or governmental organization shall not require the signed statement to be notarized.

(Added to NRS by 1967, 1108; A 1981, 464; 1983, 894; 1991, 69, 848, 849; 2003, 2570; 2005, 1213; 2007, 890; 2010, 26th Special Session, 89; 2011, 2602; 2021, 33; 2023, 1863)

LOCAL ADMINISTRATION

NRS 440.190 County health officer as registrar. The county health officer shall act as a collector of vital statistics for his or her county.

[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL § 2957; NCL § 5240]

NRS 440.200 Furnishing blank certificates. The local health officer shall furnish blank forms of certificates to such persons as require them.

[Part 19:199:1911; RL § 2970; NCL § 5253]

NRS 440.210 Certificates of birth and death: Examination by local health officer. Each local health officer shall carefully examine each certificate of birth or death when presented for record to see that it has been made out in accordance with the provisions of this chapter and the instructions of the Board.

[Part 19:199:1911; RL § 2970; NCL § 5253]

NRS 440.220 Certificates of birth and death: Enforcement of requirements by local health officer.

1. If any certificate of death is incomplete or unsatisfactory, the local health officer shall call attention to the defects in the return and withhold issuing the burial or removal permit until the defects are corrected.

2. If any certificate of birth is incomplete, the local health officer shall immediately notify the person who produced the certificate and require him or her to supply the missing items if they can be obtained.

[Part 19:199:1911; RL § 2970; NCL § 5253]—(NRS A 2013, 148)

NRS 440.230 Certificates of birth and death: Numbering; attestation of date of filing by local health officer. The local health officer shall number consecutively the certificates of birth and death, in two separate series, beginning with the number 1 for the first birth and the first death occurring in each calendar year, and sign his or her name as health officer in attest of the date of filing in his or her office.

[Part 19:199:1911; RL § 2970; NCL § 5253]

NRS 440.240 Certificates of birth and death: Preservation of copies by local health officer. The local health officer shall make a complete and accurate copy of each birth and death certificate registered by him or her in the format prescribed by the State Registrar. The copies shall be preserved permanently in his or her office as the local record in such manner as directed by the Board.

[Part 19:199:1911; RL § 2970; NCL § 5253]—(NRS A 1963, 942; 2013, 148)

NRS 440.250 Certificates of birth and death: Filing by deputy county health officer; filing of list of deceased persons with public administrator or certain other persons.

1. Not later than the fifth day of each month, deputy county health officers shall file with the county health officer all original birth and death certificates executed by them.

2. Within 5 days after receipt of the original death certificates, the county health officer shall file with the public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, a written list of the names, social security numbers and residential addresses of all deceased persons and the names of their next of kin as those names appear on the certificates.

[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL § 2957; NCL § 5240]—(NRS A 1971, 508; 1997, 2338; 2019, 1551; 2021, 992)

NRS 440.260 Certificates of birth and death: Time for delivery to State Registrar. On the 10th day of each month the local health officer shall transmit to the State Registrar all original certificates registered by him or her during the preceding month. If no births or deaths occurred in any month, the local health officer shall report that fact to the State Registrar, on the 10th day of the following month, on a card provided for that purpose.

[Part 19:199:1911; RL § 2970; NCL § 5253]—(NRS A 1963, 943)

REGISTRATION OF BIRTH

NRS 440.270 Immediate registration required. All births that occur in this state shall be registered immediately in the registration districts in which they occur, pursuant to this chapter.

[12:199:1911; RL § 2963; NCL § 5246]

NRS 440.280 Duty of registering birth: Persons required to file; time for filing; required information.

1. If a birth occurs in a hospital or the person giving birth and child are immediately transported to a hospital, the person in charge of the hospital or his or her designated representative shall obtain the necessary information, prepare a birth certificate, secure the signatures required by the certificate and file it within 10 days with the health officer of the registration district where the birth occurred. The physician in attendance shall provide the medical information required by the certificate and certify to the fact of birth within 72 hours after the birth. If the physician does not certify to the fact of birth within the required 72 hours, the person in charge of the hospital or the designated representative shall complete and sign the certification.

2. If a birth occurs outside a hospital and the person giving birth and child are not immediately transported to a hospital, the birth certificate must be prepared and filed by one of the following persons in the following order of priority:

(a) The physician in attendance at or immediately after the birth.

(b) Any other person in attendance at or immediately after the birth.

(c) The person giving birth or other parent or, if the other parent is absent and the person giving birth is incapacitated, the person in charge of the premises where the birth occurred.

3. If a birth occurs in a moving conveyance, the place of birth is the place where the child is removed from the conveyance.

4. In cities, the certificate of birth must be filed sooner than 10 days after the birth if so required by municipal ordinance or regulation.

5. If the person giving birth was:

(a) Married at the time of birth, the name of the spouse of that person must be entered on the certificate as the other parent of the child unless:

(1) A court has issued an order establishing that a person other than the spouse of the person giving birth is the other parent of the child; or

(2) The person giving birth and a person other than the spouse of the person giving birth have signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283 or a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to NRS 440.285.

(b) Widowed at the time of birth but married at the time of conception, the name of the spouse of the person giving birth at the time of conception must be entered on the certificate as the other parent of the child unless:

(1) A court has issued an order establishing that a person other than the spouse of the person giving birth at the time of conception is the other parent of the child; or

(2) The person giving birth and a person other than the spouse of the person giving birth at the time of conception have signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283 or a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to NRS 440.285.

6. If the person giving birth was unmarried at the time of birth, the name of the other parent may be entered on the original certificate of birth only if:

(a) The provisions of paragraph (b) of subsection 5 are applicable;

(b) A court has issued an order establishing that the person is the other parent of the child; or

(c) The parents of the child have signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283 or a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to NRS 440.285. If both parents execute a declaration consenting to the use of the surname of one parent as the surname of the child, the name of that parent must be entered on the original certificate of birth and the surname of that parent must be entered thereon as the surname of the child.

7. An order entered or a declaration executed pursuant to subsection 6 must be submitted to the local health officer, the local health officer’s authorized representative, or the attending physician or midwife before a proper certificate of birth is forwarded to the State Registrar. The order or declaration must then be delivered to the State Registrar for filing. The State Registrar’s file of orders and declarations must be sealed and the contents of the file may be examined only upon order of a court of competent jurisdiction or at the request of either parent or the Division of Welfare and Supportive Services of the Department of Health and Human Services as necessary to carry out the provisions of 42 U.S.C. § 654a. The local health officer shall complete the original certificate of birth in accordance with subsection 6 and other provisions of this chapter.

8. As used in this section, “court” has the meaning ascribed to it in NRS 125B.004.

[Part 13:199:1911; A 1941, 353; 1931 NCL § 5247]—(NRS A 1967, 1108; 1973, 207; 1977, 350; 1981, 465; 1983, 1879; 1997, 2338; 2007, 1527; 2017, 250, 791; 2021, 3428)

NRS 440.283 Voluntary acknowledgment of paternity: Board to develop and distribute declarations to be signed; certain entities to provide services and notice concerning effect of declaration.

1. The Board shall:

(a) Develop a declaration to be signed under penalty of perjury for the voluntary acknowledgment of paternity in this State that complies with the requirements prescribed by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 652(a); and

(b) Distribute the declarations to:

(1) Each hospital or freestanding birthing center in this State; and

(2) Any other entity authorized to provide services relating to the voluntary acknowledgment of paternity pursuant to the regulations adopted by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 666(a)(5)(C).

2. Subject to the provisions of subsection 3, the State Registrar of Vital Statistics and the entities described in paragraph (b) of subsection 1 shall offer to provide services relating to the voluntary acknowledgment of paternity in the manner prescribed in the regulations adopted by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 666(a)(5)(C).

3. Before providing a declaration for the acknowledgment of paternity to the person who gave birth to a child or a person who wishes to acknowledge the paternity of the child, the agencies described in paragraph (b) of subsection 1 shall ensure that the person who gave birth and the person who wishes to acknowledge paternity are given notice, orally and in writing, of the rights, responsibilities and legal consequences of, and the alternatives to, signing the declaration for the acknowledgment of paternity.

(Added to NRS by 1997, 2337; A 2007, 1528; 2021, 3430)

NRS 440.285 Voluntary acknowledgment of parentage: Board to develop and distribute declarations to be signed; certain entities to provide notice concerning effect of declaration.

1. The Board shall:

(a) Develop a declaration to be signed under penalty of perjury for the voluntary acknowledgment of parentage in this State; and

(b) Distribute the declarations to each hospital or freestanding birthing center in this State.

2. Before providing a declaration for the acknowledgment of parentage to the person who gave birth to a child or a person who wishes to acknowledge the parentage of a child, the agencies described in paragraph (b) of subsection 1 shall ensure that the person who gave birth and the person who wishes to acknowledge parentage are given notice, orally and in writing, of the rights, responsibilities and legal consequences of, and the alternatives to, signing the declaration for the acknowledgment of parentage.

(Added to NRS by 2017, 250; A 2021, 3430)

NRS 440.287 Rescission of declaration for voluntary acknowledgment of paternity or parentage.

1. If a person who has given birth or a person who has signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283 or a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to NRS 440.285 with the person who has given birth rescinds the acknowledgment pursuant to subsection 2 of NRS 126.053, the State Registrar shall not issue a new certificate of birth to remove the name of the person who originally acknowledged paternity or parentage, as applicable, unless a court issues an order establishing that the person who acknowledged paternity or parentage, as applicable, is not the father or parent, as applicable, of the child.

2. As used in this section, “court” has the meaning ascribed to it in NRS 125B.004.

(Added to NRS by 1997, 2338; A 2007, 1529; 2017, 252; 2021, 3431)

NRS 440.290 Certificate of birth: Form and contents. The form of the birth certificate to be used under this chapter shall include as a minimum the items required by the standard certificate of live birth as recommended by the United States Public Health Service, but no certificate to be used under this chapter shall include any notation of legitimacy or illegitimacy. The entry of the name of the father of a child or of the surname of the father as the surname of the child on the certificate of birth pursuant to NRS 440.280 shall not be considered a notation of legitimacy or illegitimacy within the meaning of this section.

[Part 14:199:1911; A 1941, 381; 1931 NCL § 5248]—(NRS A 1971, 134; 1973, 208; 1977, 351)

NRS 440.300 Certificate of birth: Supplemental report of name required for unnamed child.

1. When any certificate of birth of a living child is presented without the statement of the given name, the local health officer, the local registrar or the State Registrar shall make out and deliver to the parents of the child a special blank for the supplemental report of the given name of the child, which shall be filled out as directed and returned to the State Registrar as soon as the child shall have been named.

2. The Board shall prescribe by regulation the time within which a supplementary report furnishing information omitted on the original certificate may be returned for the purpose of completing the original certificate.

3. Certificates of birth completed by a supplementary report shall not be considered as “delayed” or “altered.”

[15:199:1911; A 1941, 381; 1931 NCL § 5249]

NRS 440.303 Certificate of birth: Replacement of certificate written in foreign language; application for and preparation of new certificate written in English.

1. A person whose birth certificate or other evidence of birth is written in a language other than English, or the parent or guardian of the person, may apply to the State Registrar for a birth certificate in the English language.

2. Application for a birth certificate pursuant to this section must be made in writing on a form supplied by the State Registrar and be accompanied by:

(a) The document for which a replacement is sought.

(b) A translation of the document.

(c) An affidavit executed by the translator before a person who is authorized to administer oaths, attesting to the accuracy of the translation.

(d) A certificate from the United States Citizenship and Immigration Services of the Department of Homeland Security which establishes that the person who is the subject of the document has entered the United States legally.

(e) The fee required by this chapter for the making and certification of the record of any birth by the State Registrar.

3. When the State Registrar receives an application and the documents required by this section, the State Registrar shall prepare a birth certificate and clearly mark it on its face: “ISSUED TO REPLACE A BIRTH RECORD FROM ............... IN THE ................ LANGUAGE.”

(Added to NRS by 1979, 471)

NRS 440.305 Certificate of birth: State Registrar to change name on certificate upon request of certain persons. Upon request of a person or his or her parent, guardian or legal representative, and after receipt of a certified copy of an order of the court changing the name of such person, whether such order was entered prior or subsequent to July 1, 1960, the State Registrar shall indicate the change of name on the certificate of birth of such person.

(Added to NRS by 1960, 157)

NRS 440.310 Certified reports and other documents pertaining to adoption: Duties of State Registrar; opening of sealed documents upon order of court.

1. Whenever the State Registrar receives a certified report of adoption or amendment of adoption filed in accordance with the provisions of NRS 127.157 or the laws of another state or foreign country, or a certified copy of the adoption decree, concerning a person born in Nevada, the State Registrar shall prepare and file a supplementary certificate of birth in the new name of the adopted person which shows the adoptive parents as the parents and seal and file the report or decree and the original certificate of birth.

2. Whenever the State Registrar receives a certified report of adoption, amendment or annulment of an order or decree of adoption from a court concerning a person born in another state, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, or Canada, the report must be forwarded to the office responsible for vital statistics in the person’s place of birth.

3. Whenever the State Registrar receives a certified report of adoption or amendment of adoption filed in accordance with the provisions of NRS 127.157 concerning a person born in a foreign country other than Canada, the State Registrar shall, if the State Registrar receives evidence that:

(a) The person being adopted is a citizen of the United States; and

(b) The adoptive parents are residents of Nevada,

Ê prepare and file a supplementary certificate of birth as described in subsection 1 and seal and file the report.

4. Sealed documents may be opened only upon an order of the court issuing the adoption decree, expressly so permitting, pursuant to a petition setting forth the reasons therefor.

5. Except as otherwise provided in subsection 2, upon the receipt of a certified copy of a court order of annulment of adoption, the State Registrar shall seal and file the order and supplementary certificate of birth and, if the person was born in Nevada, restore the original certificate to its original place in the files.

[46:199:1911; added 1941, 381; 1931 NCL § 5268.15]—(NRS A 1973, 391; 1977, 1349; 1979, 472; 1981, 466; 2001, 360)

NRS 440.315 Certificate of birth: Removal of notation of illegitimacy; application for and issuance of new certificate. Any person, or any parent or guardian, of a child with respect to whom a certificate of birth has been issued by this state indicating the illegitimacy of the person or child may apply to the State Registrar for a new certificate which does not contain any notation of illegitimacy, and upon such application the State Registrar shall issue such a certificate.

(Added to NRS by 1971, 135)

NRS 440.319 Certificate of birth: Effect of gestational agreement.

1. Whenever the State Registrar receives an order issued by a district court in this State pursuant to subsection 4 of NRS 126.720 validating a gestational agreement and declaring the intended parent or parents to be the parent or parents of the resulting child, the State Registrar shall prepare and file a certificate of birth in the name of the child which shows the intended parent or parents as the parent or parents of the child and seal and file the order and the original certificate of birth, if any. Unless the court order is issued by a district court in this State for an action which was originally commenced in this State, a court order concerning a gestational agreement is not valid for any purpose in this State as it relates to a child born in this State, including, without limitation, the preparation and filing of a certificate of birth by the State Registrar.

2. As used in this section:

(a) “Gestational agreement” has the meaning ascribed to it in NRS 126.570.

(b) “Intended parent” has the meaning ascribed to it in NRS 126.590.

(Added to NRS by 2015, 780)

1. In the case of the paternity or parentage of a child being established by the:

(a) Person who gave birth and other parent acknowledging paternity of a child by signing a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283;

(b) Person who gave birth and another person acknowledging parentage of the child by signing a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to NRS 440.285; or

Ê the State Registrar, upon the receipt of the declaration or court order, shall prepare a new certificate of birth in the name of the child as shown in the declaration or order with no reference to the fact of legitimation.

2. The new certificate must be identical with the certificate registered for the birth of a child born in wedlock.

3. Except as otherwise provided in subsection 4, the evidence upon which the new certificate was made and the original certificate must be sealed and filed and may be opened only upon the order of a court of competent jurisdiction.

4. The State Registrar shall, upon the request of the Division of Welfare and Supportive Services of the Department of Health and Human Services, open a file that has been sealed pursuant to subsection 3 to allow the Division to compare the information contained in the declaration or order upon which the new certificate was made with the information maintained pursuant to 42 U.S.C. § 654a.

(Added to NRS by 1971, 1045; A 1989, 1644; 1997, 2340; 2007, 1529; 2017, 252; 2021, 3431)

NRS 440.327 Certificate of birth: Requests for certificates of certain missing children. The State Registrar shall not, without a court order to do so, issue to any person or governmental entity an original or copy of the certificate of birth of a child who is listed as missing in the bulletin prepared by the Director of the Clearinghouse for information concerning missing or exploited children pursuant to NRS 432.160. The State Registrar shall inform the Director of the Clearinghouse of the name and identifying information, dates and circumstances of any person or governmental entity requesting the certificate of birth of such a child without a court order and any other information which might be helpful in furthering the purposes of NRS 432.150 to 432.220, inclusive.

(Added to NRS by 1987, 1495; A 1993, 1376)

NRS 440.330 Registration of foundling; contents of report.

1. Whoever assumes the custody of a living child of unknown parentage shall immediately report, on a form to be approved by the Board, to the local registrar of the registration district in which such custody is assumed, the following:

(a) Date of finding or assumption of custody.

(b) Place of finding or assumption of custody.

(d) Color or race.

(e) Approximate age.

(f) Name and address of the person or institution with whom the child has been placed for care, if any.

(g) Name given to the child by the finder or custodian.

2. The place where the child was found or where custody has been assumed shall be known as the place of birth, and the date of birth shall be determined by approximation.

3. The foundling report shall constitute the certificate of birth for such foundling child, and the provisions of this chapter relating to certificates of birth shall apply in the same manner and with the same effect to such report.

4. If a foundling child shall later be identified and a regular certificate of birth be found or obtained, the report constituting the certificate of birth shall be sealed and filed and may be opened only upon the order of a court of competent jurisdiction.

[48:199:1911; added 1941, 381; 1931 NCL § 5268.17]

NRS 440.340 Registration of stillborn children.

1. Stillborn children or those dead at birth shall be registered as a stillbirth and a certificate of stillbirth shall be filed with the local health officer in the usual form and manner.

2. The medical certificate of the cause of death shall be signed by the attending physician or attending advanced practice registered nurse, if any.

3. Midwives shall not sign certificates of stillbirth for stillborn children; but such cases, and stillbirths occurring without attendance of either physician, advanced practice registered nurse or midwife, shall be treated as deaths without medical attention as provided for in this chapter.

[24:199:1911; A 1941, 381; 1931 NCL § 5258]—(NRS A 2017, 1754)

RECORDS REGARDING DEATH AND DISPOSITION OF REMAINS

NRS 440.350 Form and contents of certificate of death or stillbirth. The certificate of death or of stillbirth that shall be used is the standard form approved by the United States Public Health Service.

[Part 7:199:1911; A 1941, 381; 1931 NCL § 5241]—(NRS A 1977, 351)

NRS 440.360 Authentication of personal and statistical information concerning certificate. The personal and statistical particulars of the death or stillbirth certificate shall be authenticated by the name of the informant, who may be any competent person acquainted with the facts.

[Part 7:199:1911; A 1941, 381; 1931 NCL § 5241]

NRS 440.370 Signature required on statement of facts concerning disposition of body. The statement of facts relating to the disposition of the body must be signed by the funeral director or person acting as undertaker or by an authorized representative of the crematory if the body is cremated.

[Part 7:199:1911; A 1941, 381; 1931 NCL § 5241]—(NRS A 1983, 135; 1985, 290, 946)

NRS 440.380 Medical certificate of death: Signature; contents.

1. The medical certificate of death must be signed by the physician or advanced practice registered nurse, if any, last in attendance on the deceased, or pursuant to regulations adopted by the Board, it may be signed by the attending physician’s associate physician, the chief medical officer of the hospital or institution in which the death occurred, or the pathologist who performed an autopsy upon the deceased. The person who signs the medical certificate of death shall specify:

(a) The social security number of the deceased.

(b) The hour and day on which the death occurred.

(c) The cause of death, so as to show the cause of disease or sequence of causes resulting in death, giving first the primary cause of death or the name of the disease causing death, and the contributory or secondary cause, if any, and the duration of each.

2. In deaths in hospitals or institutions, or of nonresidents, the physician or advanced practice registered nurse shall furnish the information required under this section, and may state where, in his or her opinion, the disease was contracted.

[Part 7:199:1911; A 1941, 381; 1931 NCL § 5241]—(NRS A 1977, 352; 1981, 466; 1997, 2340; 2017, 1754)

NRS 440.390 Presentation of certificate of stillbirth. The certificate of stillbirth must be presented by the funeral director or person acting as undertaker to the physician or advanced practice registered nurse in attendance at the stillbirth, for the certificate of the fact of stillbirth and the medical data pertaining to stillbirth as the physician or advanced practice registered nurse can furnish them in his or her professional capacity.

[Part 7:199:1911; A 1941, 381; 1931 NCL § 5241]—(NRS A 1983, 135; 1985, 290; 2017, 1754)

NRS 440.400 Effect of using indefinite or unsatisfactory terms on certificate. Indefinite and unsatisfactory terms, indicating only symptoms of disease or conditions resulting from disease, will not be held sufficient for issuing a burial or removal permit. Any certificate containing only such terms as defined by the State Board of Health shall be returned to the physician or advanced practice registered nurse for correction and more definite statement.

[Part 7:199:1911; A 1941, 381; 1931 NCL § 5241]—(NRS A 2017, 1754)

NRS 440.410 Manner of defining cause of death. Causes of death, which may be the result of either disease or violence, shall be carefully defined; and if from violence, the means of injury shall be stated, and whether (probably) accidental, suicidal or homicidal.

[Part 7:199:1911; A 1941, 381; 1931 NCL § 5241]

NRS 440.415 Pronouncement of death by registered nurse or physician assistant: Conditions; release of body; regulations.

1. A physician who anticipates the death of a patient because of an illness, infirmity or disease may authorize a specific registered nurse or physician assistant or the registered nurses or physician assistants employed by a medical facility or program for hospice care to make a pronouncement of death if they attend the death of the patient. An advanced practice registered nurse who anticipates the death of a patient because of an illness, infirmity or disease may authorize a specific registered nurse or the registered nurses employed by a medical facility or program for hospice care to make a pronouncement of death if they attend the death of the patient.

2. Such an authorization is valid for 120 days. Except as otherwise provided in subsection 3, the authorization must:

(a) Be a written order entered on the chart of the patient;

(b) State the name of the registered nurse or nurses or physician assistant or assistants authorized to make the pronouncement of death; and

3. If the patient is in a medical facility or under the care of a program for hospice care, the physician may authorize the registered nurses or physician assistants employed by the facility or program, or an advanced practice registered nurse may authorize such a registered nurse, to make pronouncements of death without specifying the name of each nurse or physician assistant, as applicable.

4. If a pronouncement of death is made by a registered nurse or physician assistant, the physician or advanced practice registered nurse who authorized that action shall sign the medical certificate of death within 24 hours after being presented with the certificate.

5. If a patient in a medical facility is pronounced dead by a registered nurse or physician assistant employed by the facility, the registered nurse or physician assistant may release the body of the patient to a licensed funeral director pending the completion of the medical certificate of death by the attending physician or attending advanced practice registered nurse if the physician, advanced practice registered nurse or the medical director or chief of the medical staff of the facility has authorized the release in writing.

6. The Board may adopt regulations concerning the authorization of a registered nurse or physician assistant to make pronouncements of death.

7. As used in this section:

(a) “Advanced practice registered nurse” means a registered nurse who holds a valid license as an advanced practice registered nurse issued by the State Board of Nursing pursuant to NRS 632.237.

(b) “Medical facility” means:

(1) A facility for skilled nursing as defined in NRS 449.0039;

(2) A facility for hospice care as defined in NRS 449.0033;

(3) A hospital as defined in NRS 449.012;

(4) An agency to provide nursing in the home as defined in NRS 449.0015; or

(5) A facility for intermediate care as defined in NRS 449.0038.

(c) “Physician assistant” means a person who holds a license as a physician assistant pursuant to chapter 630 or 633 of NRS.

(d) “Program for hospice care” means a program for hospice care licensed pursuant to chapter 449 of NRS.

(e) “Pronouncement of death” means a declaration of the time and date when the cessation of the cardiovascular and respiratory functions of a patient occurs as recorded in the patient’s medical record by the attending provider of health care in accordance with the provisions of this chapter.

(Added to NRS by 1993, 1158; A 1999, 247; 2005, 2519; 2007, 1855; 2017, 1755)

NRS 440.420 Duties of funeral director, health officer, coroner and coroner’s deputy when death occurs without medical attendance.

1. In case of any death occurring without medical attendance, the funeral director shall notify the local health officer, coroner or coroner’s deputy of such death and refer the case to the local health officer, coroner or coroner’s deputy for immediate investigation and certification.

2. Where there is no qualified physician or advanced practice registered nurse in attendance, and in such cases only, the local health officer is authorized to make the certificate and return from the statements of relatives or other persons having adequate knowledge of the facts.

3. If the death was caused by unlawful or suspicious means, the local health officer shall then refer the case to the coroner for investigation and certification.

4. In counties which have adopted an ordinance authorizing a coroner’s examination in cases of sudden infant death syndrome, the funeral director shall notify the local health officer whenever the cause or suspected cause of death is sudden infant death syndrome. The local health officer shall then refer the case to the coroner for investigation and certification.

5. The coroner or the coroner’s deputy may certify the cause of death in any case which is referred to the coroner by the local health officer or pursuant to a local ordinance.

[Part 8:199:1911; A 1937, 162; 1931 NCL § 5242]—(NRS A 1975, 1416; 1977, 352; 1983, 135; 2013, 148; 2017, 1756)

NRS 440.430 Duties of coroner.

1. Any coroner whose duty it is to hold an inquest on the body of any deceased person, and to make the certificate of death required for a burial permit, shall state in the coroner’s certificate the name of the disease causing death, or, if from external causes:

(a) The means of death; and

(b) Whether (probably) accidental, suicidal or homicidal.

2. In either case, the coroner shall furnish such information as may be required by the Board in order to classify the death properly.

[Part 8:199:1911; A 1937, 162; 1931 NCL § 5242]

NRS 440.433 Notice to parents or guardian of autopsy upon body of minor; placement of internal organs.

1. When an autopsy is performed upon the body of a minor, the person who orders the autopsy shall make a diligent effort to give the parents or guardian of the minor notice of the autopsy in person, by telephone or by mail.

2. The internal organs must, if feasible, be kept with the body after such an autopsy is completed.

(Added to NRS by 1987, 1793)

NRS 440.435 Death caused by sudden infant death syndrome: Ordinance may authorize postmortem examination; duties of coroner.

1. The board of county commissioners of any county may provide by ordinance that in all cases where the cause or suspected cause of a death is sudden infant death syndrome, the coroner may take possession of the body, exhuming the body if necessary, and authorize the performance of a postmortem examination thereon. Such examination may include an analysis of the stomach, stomach contents, blood, organs, fluids or tissues of the body.

2. The findings resulting from the examination performed under subsection 1, including the opinions and conclusions of the examining physician, shall be reduced to writing and included in the coroner’s record of death. The coroner shall file a copy of such report with the State Registrar.

(Added to NRS by 1975, 1415)

NRS 440.437 Death caused by sudden infant death syndrome: Report by State Registrar. The State Registrar shall annually publish a report specifying the number of postmortem examinations performed, pursuant to NRS 440.435, where the cause or suspected cause of death was sudden infant death syndrome. Such report shall also specify the number of such cases in which the cause of death was determined by the coroner to be sudden infant death syndrome.

(Added to NRS by 1975, 1415)

NRS 440.440 Duties of funeral director and sheriff upon death of unknown person.

1. In any case of a death occurring to anyone whose identity is unknown, before burying the body the funeral director shall annex to the certificate of death a certificate from the sheriff that the sheriff has on file in his or her office the fingerprints of the body.

2. Sheriffs of the respective counties shall maintain in their respective offices a file known as the unidentified deceased persons file. Sheriffs shall, without further compensation, see that such fingerprints are obtained as provided in this section and placed in the file as a public record.

[Part 8:199:1911; A 1937, 162; 1931 NCL § 5242]—(NRS A 1983, 135)

NRS 440.450 Prerequisites to disposal of body. The funeral director or person acting as undertaker is responsible for obtaining and filing the certificate of death with the local health officer, or his or her deputy, in the registration district in which the death occurred, and for securing a burial or removal permit prior to any disposition of the body.

[Part 9:199:1911; RL § 2960; NCL § 5243]—(NRS A 1983, 135)

NRS 440.460 Personal and statistical information. The funeral director or person acting as undertaker shall obtain the personal and statistical particulars required from the person best qualified to supply them, over the signature and address of his or her informant.

[Part 9:199:1911; RL § 2960; NCL § 5243]—(NRS A 1983, 136)

NRS 440.470 Presentation of certificate of death. The funeral director or person acting as undertaker shall present the certificate to the attending physician or attending advanced practice registered nurse, if any, or to the health officer or coroner, for the medical certificate of the cause of death and other particulars necessary to complete the record unless the attending physician or attending advanced practice registered nurse initiated the record of death and provided the required information at the time of death.

[Part 9:199:1911; RL § 2960; NCL § 5243]—(NRS A 1983, 136; 2017, 1756, 2765)

NRS 440.480 Statement as to disposition of body. The funeral director or person acting as undertaker shall state the facts required relative to the date and place of burial over his or her signature and with his or her address.

[Part 9:199:1911; RL § 2960; NCL § 5243]—(NRS A 1983, 136)

NRS 440.490 Presentation of completed certificate of death to local registrar. The funeral director or person acting as undertaker shall present the completed certificate of death to the local registrar within 72 hours after the occurrence or discovery of the death. If a case is referred to the coroner, he or she shall present a completed certificate to the local registrar upon disposition of the investigation.

[Part 9:199:1911; RL § 2960; NCL § 5243]—(NRS A 1977, 352; 1981, 467; 1983, 136)

NRS 440.495 Notification of county clerk or registrar of voters. Upon presentation of a completed certificate of death, the county health officer shall send a certified copy of the certificate of death or a certified list of any person who, at the time of death was 17 years of age or older, to the county clerk or registrar of voters of the county where the deceased person resided. Each certified list must contain the social security numbers of the persons whose names are included on the list.

(Added to NRS by 1989, 2174; A 1997, 2341)

NRS 440.500 Burial and removal permits: Issuance; contents; death from infectious, contagious or communicable disease.

1. Except as provided in subsections 2 and 3, if a certificate of death is properly executed and complete, the local health officer shall then issue a burial or removal permit to the funeral director. The permit must indicate the name of the cemetery, mausoleum, columbarium or other place of burial where the human remains will be interred, inurned or buried.

2. In case the death occurred from some disease that is held by the Board to be infectious, contagious, or communicable and dangerous to the public health, no permit for the removal or other disposition of the body may be granted by the local health officer except under such conditions as may be prescribed by the Board.

3. The Board may by regulation provide for the issuance of the burial transit permit prior to the filing of the completed death certificate if that requirement would result in undue hardship.

[Part 19:199:1911; RL § 2970; NCL § 5253]—(NRS A 1961, 255; 1977, 352; 1983, 136)

NRS 440.510 Contents of burial permit. If the interment or other disposition of the body is to be made within the State, the wording of the burial permit may be limited to a statement by the local health officer and over his or her signature that a satisfactory certificate of death having been filed with him or her as required by law, permission is granted to inter, remove or otherwise dispose of the body of the deceased. The permit must include the name, age, sex, social security number and cause of death of the decedent, the name of the place where the human remains will be interred, inurned or buried, and any other details required on the form prescribed by the Board.

[10:199:1911; RL § 2961; NCL § 5244]—(NRS A 1961, 255; 1997, 2341)

NRS 440.520 Disposition of burial or removal permit. The funeral director shall:

1. Deliver the burial permit to the sexton or person in charge of the place of burial, before interring or otherwise disposing of the body.

2. Attach the removal permit to the box containing the body, when shipped by any transportation company.

[Part 9:199:1911; RL § 2960; NCL § 5243]—(NRS A 1983, 136)

NRS 440.530 Burial permit to accompany body. The permit shall accompany the body to its destination, where, if within the State of Nevada, it shall be delivered to the sexton or to any other person in charge of the place of burial.

[Part 9:199:1911; RL § 2960; NCL § 5243]

NRS 440.540 Necessity for permit to inter more than 72 hours after death; removal of body to another registration district.

1. Except as provided in subsection 2, the body of any person whose death occurs in this state shall not be interred, deposited in a vault or tomb, cremated or otherwise disposed of, removed from or into any registration district, or be held temporarily pending a further disposition more than 72 hours after death, until a permit for burial or removal or other disposition thereof has been properly issued by the local health officer of the registration district in which the death occurred.

2. If the person who is to certify the cause of death consents, a body may be moved from the place of death into another registration district to be prepared for final disposition.

[Part 23:199:1911; RL § 2974; NCL § 5257]—(NRS A 1977, 353)

NRS 440.550 Body transported from another state. When a dead body is transported by a common carrier into a local health district in Nevada for burial, the transit and removal permit, issued in accordance with the law and health regulations of the place where the death occurred, shall be accepted by the local health officer of the district into which the body has been transported for burial or other disposition as a basis upon which he or she shall issue a local burial permit in the same way as if the death occurred in his or her district. The local health officer shall plainly enter upon the face of the burial permit the fact that it was a body shipped in for interment, and give the actual place of death.

[Part 23:199:1911; RL § 2974; NCL § 5257]—(NRS A 1977, 353)

NRS 440.560 Interment without burial permit prohibited. No sexton or other person in charge of any premises in which interments are made shall inter or permit the interment or other disposition of any body unless it is accompanied by a burial, removal or transit permit as provided in this chapter.

[Part 11:199:1911; RL § 2962; NCL § 5245]

NRS 440.570 Validity of burial permit in another district. A burial permit shall not be required from the local health officer of the district in which interment is made when a body is removed from one district in Nevada to another in this state for the purpose of burial or other disposition, either by common carrier, hearse or other conveyance.

[Part 23:199:1911; RL § 2974; NCL § 5257]

NRS 440.580 Signature, endorsement and return of permit. Each sexton or person in charge of any burial ground shall endorse upon the permit the date of interment, over his or her signature, and shall return all permits so endorsed to the local health officer of his or her district within 10 days from the date of interment or within the time fixed by the local health officer or by the Board.

[Part 11:199:1911; RL § 2962; NCL § 5245]

NRS 440.590 Records of interments.

1. Each sexton or person in charge of any burial ground shall keep a record of all interments made in the premises under his or her charge, stating:

(a) The name of the deceased person.

(b) The place of death.

(d) The name and address of the funeral director.

2. The record must be open to public inspection at all times.

[Part 11:199:1911; RL § 2962; NCL § 5245]—(NRS A 1983, 136)

RECORDS OF MARRIAGE

NRS 440.595 Filing with State Registrar; duties of county recorder, certain county clerks and State Registrar.

1. A record of each marriage performed in this State must be filed with the State Registrar as provided in this section.

2. Each county recorder and each county clerk that is required to file certificates of marriage shall, on or before the 10th day of the following month, forward to the State Registrar the information contained on each certificate of marriage delivered to him or her during the preceding month. The information must be forwarded in a form approved by the Division of Public and Behavioral Health of the Department of Health and Human Services.

3. The State Registrar shall enter in the records of the State Registrar the names of the parties, the date of the marriage and the county in which it was performed and recorded.

(Added to NRS by 1967, 1108; A 1975, 1426; 1987, 779; 2007, 891)

NRS 440.600 County clerk required to report number of marriage licenses issued. On or before January 10 and July 10 of each year the county clerks of the several counties shall transmit to the State Registrar the number of marriage licenses issued by them during the preceding 6 months.

[34:199:1911; added 1919, 221; 1919 RL p. 2894; NCL § 5268]—(NRS A 1963, 943)

RECORDS OF DIVORCE AND ANNULMENT OF MARRIAGE

NRS 440.605 Reports to be filed by clerk of district court with State Registrar; fees.

1. For each divorce and annulment of marriage granted by any court in this state a report must be prepared and filed by the clerk of the district court with the State Registrar. The information necessary to prepare the report must be furnished, with the complaint in the action, to the clerk of the district court by the complainant or the complainant’s legal representative on the form furnished by the State Registrar.

2. On the first business day of each month the clerk of the district court shall forward to the State Registrar the report of each divorce and annulment granted during the preceding calendar month.

3. Every clerk of the district court shall collect, at the time the complaint is filed in any action for divorce or annulment of marriage, a fee of $10, which the clerk shall forward to the State Controller to be deposited in the State General Fund. This fee is in addition to the other costs in the case.

(Added to NRS by 1967, 1108; A 1969, 389; 1983, 335; 2001, 2927)

CERTIFICATES AS EVIDENCE; DELAYED OR ALTERED CERTIFICATES

NRS 440.610 Certificate as prima facie evidence. Each certificate, as provided for in this chapter, filed within 6 months after the time prescribed for their filing, shall be prima facie evidence of the facts therein stated. Data pertaining to the parent who did not give birth to a child is such evidence if the alleged parent is, or becomes, the spouse of the person who gave birth to the child in a legal marriage; if not, the data pertaining to the parent who did not give birth to a child is not such evidence in any civil or criminal proceeding adverse to the interests of the alleged father, or of his heirs, devisees or other successors in interest, if the paternity is controverted.

[20a:199:1911; added 1941, 381; 1931 NCL § 5254.01]—(NRS A 2021, 3431)

NRS 440.620 Proof required for filing of delayed certificate. The acceptance for filing of any certificate by the State Registrar more than 1 year after the time prescribed for its filing shall be subject to regulations in which the Board shall prescribe in detail the proofs to be submitted by any applicant for delayed filing of a certificate.

[42:199:1911; added 1941, 381; A 1943, 204; 1943 NCL § 5268.11]—(NRS A 2013, 149)

NRS 440.630 Procedure for delayed or altered certificates.

1. Certificates accepted subsequent to 1 year after the time prescribed for filing and certificates which have been altered after being filed with the State Registrar shall contain the date of the delayed filing and the date of the alteration and be marked distinctly “Delayed” or “Altered.”

2. After a certificate has been accepted for delayed filing or after the Board has permitted an alteration of a certificate on file, the alteration shall be noted by the State Registrar on the reverse side of the certificate, together with a summary statement of the evidence submitted in support of the alteration.

3. All the evidence affecting the alteration of a certificate, after it has been filed with the State Registrar, shall be kept in a special permanent file.

[43:199:1911; added 1941, 381; 1931 NCL § 5268.12]—(NRS A 2013, 149)

NRS 440.640 Delayed or altered certificates as evidence. The admissibility in evidence of a “delayed” or “altered” certificate shall be subject to the discretion of the court, judicial or administrative body or official to whom any such certificate is offered as evidence.

[44:199:1911; added 1941, 381; 1931 NCL § 5268.13]

CERTIFIED COPIES OF RECORDS; FEES OF STATE AND LOCAL REGISTRARS

NRS 440.650 Issuance of certified copy of certificate; limitation; notification concerning documents missing from application.

1. Upon request, the State Registrar shall furnish any applicant a certified copy of the record of any birth or death registered under the provisions of this chapter.

2. The State Registrar shall not issue a certified copy of a certificate or parts thereof unless the State Registrar is satisfied that the applicant therefor has a direct and tangible interest in the matter recorded, subject, however, to review by the Board or a court of competent jurisdiction under the limitations of NRS 440.170.

3. The State Registrar shall, upon determining that required documents are missing from an application for a certified copy of a certificate of birth, notify the applicant of the deficiency. Such notice must include, without limitation, notice of the additional documents that the applicant must submit. If the applicant is a homeless person who submits on a form prescribed by the State Registrar a statement signed under penalty of perjury that the person is homeless, the State Registrar shall allow the applicant at least 30 days after the date of the notice to submit the missing documents. The State Registrar shall not require the signed statement to be notarized.

[Part 20:199:1911; A 1955, 419] + [Part 5:119:1929; A 1945, 39; 1943 NCL § 5281] + [Part 45:199:1911; added 1941, 381; 1931 NCL § 5268.14]—(NRS A 2023, 1864)

NRS 440.660 Certified copy of record of birth or death is prima facie evidence. Any copy of the record of a birth or death when properly certified by the State Registrar to be a true copy thereof shall be prima facie evidence in all courts and places of the facts therein stated.

[Part 20:199:1911; A 1955, 419] + [Part 5:119:1929; A 1945, 39; 1943 NCL § 5281]—(NRS A 1963, 943)

NRS 440.670 Abstracted birth certificate: Issuance; contents; form; use as evidence.

1. Upon request, the State Registrar shall supply to any applicant a certificate reciting the birth date, sex, race and birthplace of any person whose birth is registered under the provisions of this chapter. The certificate must show that the data therein contained is as disclosed by the record of the birth.

2. The Board may, by regulation, authorize county health officers to issue such certificates. The Board shall determine the standard form for the abstracted certificates.

3. Every such certificate is prima facie evidence in all courts and places of the facts therein stated.

[Part 5:119:1929; A 1945, 39; 1943 NCL § 5281]—(NRS A 1981, 467; 1993, 107)

NRS 440.690 Receipt of fees: Accounting; deposit; refunding overpayments; use of certain proceeds.

1. The State Registrar shall keep a true and correct account of all fees received under this chapter.

2. The money collected pursuant to subsection 2 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer for credit to the Children’s Trust Account created by NRS 432.131. The money collected pursuant to subsection 3 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer for credit to the Review of Death of Children Account created by NRS 432B.409. The money collected pursuant to subsection 4 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer for credit to the Grief Support Trust Account created by NRS 439.5132. Any money collected pursuant to subsection 6 of NRS 440.700 must be remitted by the State Registrar to the county treasurers of the various participating counties for credit to their accounts for the support of the offices of the county coroners created pursuant to NRS 259.025. Any other proceeds accruing to the State of Nevada under the provisions of this chapter may be used by the Division of Public and Behavioral Health of the Department of Health and Human Services to administer and carry out the provisions of this chapter and any regulations adopted pursuant thereto.

[Part 20:199:1911; A 1955, 419] + [2:199:1911; added 1945, 177; 1943 NCL § 5267.A] + [Part 5:119:1929; A 1945, 39; 1943 NCL § 5281] + [7:119:1929; A 1943, 201; 1943 NCL § 5283]—(NRS A 1975, 258; 1985, 615; 1999, 1498; 2003, 865; 2005, 474, 1061; 2013, 1472; 2017, 3171)

NRS 440.700 Fees for services and copies of certificates; certificates available without fee to certain persons.

1. Except as otherwise provided in this section, the State Registrar shall charge and collect a fee in an amount established by the State Registrar by regulation:

(a) For searching the files for one name, if no copy is made.

(b) For verifying a vital record.

(c) For establishing and filing a record of paternity, other than a hospital-based paternity, and providing a certified copy of the new record.

(d) For a certified copy of a record of birth.

(e) For a certified copy of a record of death originating in a county in which the board of county commissioners has not created an account for the support of the office of the county coroner pursuant to NRS 259.025.

(f) For a certified copy of a record of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025.

(g) For correcting a record on file with the State Registrar and providing a certified copy of the corrected record.

(h) For replacing a record on file with the State Registrar and providing a certified copy of the new record.

(i) For filing a delayed certificate of birth and providing a certified copy of the certificate.

(j) For the services of a notary public, provided by the State Registrar.

(k) For an index of records of marriage provided on microfiche to a person other than a county clerk or a county recorder of a county of this State.

(l) For an index of records of divorce provided on microfiche to a person other than a county clerk or a county recorder of a county in this State.

(m) For compiling data files which require specific changes in computer programming.

2. The fee collected for furnishing a copy of a certificate of birth or death must include the sum of $3 for credit to the Children’s Trust Account created by NRS 432.131.

3. The fee collected for furnishing a copy of a certificate of death must include the sum of $1 for credit to the Review of Death of Children Account created by NRS 432B.409.

4. The fee collected for furnishing a copy of a certificate of death must include the sum of 50 cents for credit to the Grief Support Trust Account created by NRS 439.5132.

5. The State Registrar shall not charge a fee for furnishing a certified copy of a record of birth to:

(a) A homeless person, including, without limitation, a homeless child or youth, who submits on a form prescribed by the State Registrar a statement signed under penalty of perjury that the person is homeless. The State Registrar shall not require such a statement to be notarized.

(b) A person who submits documentation from the Department of Corrections verifying that the person is imprisoned or was released from prison within the immediately preceding 90 days.

(c) A staff person of a local educational agency who has been designated pursuant to 42 U.S.C. § 11432(g)(1)(J)(ii) for a certified copy of a record of birth of a homeless child or youth who is enrolled in the local educational agency.

(d) A social worker licensed to practice in this State, for a certified copy of a record of birth of a homeless child or youth who is a client of the social worker.

6. The fee collected for furnishing a copy of a certificate of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025 must include the sum of $4 for credit to the account for the support of the office of the county coroner of the county in which the certificate originates.

7. Upon the request of any parent or guardian or an unaccompanied youth, the State Registrar shall supply, without the payment of a fee, a certificate limited to a statement as to the date of birth of any child or of the unaccompanied youth as disclosed by the record of such birth when the certificate is necessary for admission to school or for securing employment.

8. The United States Bureau of the Census may obtain, without expense to the State, transcripts or certified copies of births and deaths without payment of a fee.

9. As used in this section:

(a) “Homeless child or youth” has the meaning ascribed to it in 42 U.S.C. § 11434a.

(b) “Local educational agency” has the meaning ascribed to it in 42 U.S.C. § 11434a.

[Part 5:119:1929; A 1945, 39; 1943 NCL § 5281]—(NRS A 1981, 467; 1985, 616; 1991, 848; 1997, 908; 2003, 866, 2570; 2005, 474, 1061, 1214; 2007, 891; 2010, 26th Special Session, 89; 2011, 2603; 2017, 3172; 2019, 4165, 4506; 2021, 34, 522)

NRS 440.710 Salary or fee of deputy registrar; local health officer prohibited from charging fee for issuance of burial or removal permit.

1. In counties where deputy registrars are appointed, the board of county commissioners shall allow them a monthly salary or the sum of $1 for each birth and death certificate executed by them.

2. No local health officer may require from funeral directors or persons acting as undertakers any fee for the issuance of burial or removal permits under this chapter.

[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL § 2957; NCL § 5240] + [Part 23:199:1911; RL § 2974; NCL § 5257] + [4:119:1929; NCL § 5280]—(NRS A 1969, 727; 1983, 137)

NRS 440.715 Fee for support of office of county coroner.

1. If a board of county commissioners creates an account for the support of the county coroner pursuant to NRS 259.025, a district health officer who provides a certified copy of a record of death originating in that county shall charge and collect, in addition to any other fee therefor, the sum of $4 for the support of the office of the county coroner created pursuant to NRS 244.163.

2. The district health officer shall remit any money collected pursuant to this section to the county treasurer of the county in which the certificate originates for credit to the account for the support of the office of the county coroner created pursuant to NRS 259.025.

(Added to NRS by 2005, 1060; A 2019, 4166)

UNLAWFUL ACTS; PENALTIES

NRS 440.720 Neglect or refusal of physician or advanced practice registered nurse to execute medical certificate of death. Any physician or advanced practice registered nurse who was in medical attendance upon any deceased person at the time of death who neglects or refuses to make out and deliver to the funeral director, sexton or other person in charge of the interment, removal or other disposition of the body, upon request, the medical certificate of the cause of death shall be punished by a fine of not more than $250.

[Part 21:199:1911; RL § 2972; NCL § 5255]—(NRS A 1967, 577; 1979, 1469; 1983, 137; 2017, 1756)

NRS 440.730 False certification of cause of death by physician or advanced practice registered nurse. If any physician or advanced practice registered nurse knowingly makes a false certification of the cause of death in any case, the physician or advanced practice registered nurse shall be punished by a fine of not more than $250.

[Part 21:199:1911; RL § 2972; NCL § 5255]—(NRS A 1967, 578; 1979, 1469; 2017, 1756)

NRS 440.735 Affixing of signature to uncompleted certificate of death.

1. Except as otherwise provided in subsection 2, it is unlawful for any person to affix his or her signature to an uncompleted death certificate.

2. A physician, advanced practice registered nurse, health officer or coroner may affix his or her signature to an uncompleted death certificate after completing the portions of the death certificate applicable to the physician, advanced practice registered nurse, health officer or coroner.

(Added to NRS by 1977, 661; A 2017, 2765)

NRS 440.740 Failure or refusal to file certificate of birth with local health officer. Any physician or midwife in attendance upon a case of confinement or any person charged with responsibility for reporting births who neglects or refuses to file a proper certificate of birth with the local health officer within the time required by law shall be punished by a fine of not more than $250.

[Part 21:199:1911; RL § 2972; NCL § 5255]—(NRS A 1967, 578; 1979, 1469)

NRS 440.750 Interment, removal or other disposition of dead body without permit. Any funeral director, sexton or other person in charge of the disposal who inters, removes or otherwise disposes of the body of any deceased person without having received a burial or removal permit shall be punished by a fine of not more than $250.

[Part 21:199:1911; RL § 2972; NCL § 5255]—(NRS A 1967, 578; 1979, 1470; 1983, 137)

NRS 440.760 Alteration of certificate of birth or death. Any person who shall willfully alter any certificate of birth or death, or the copy of any certificate of birth or death, on file in the office of the local or State Board of Health, shall be guilty of a misdemeanor.

[Part 21:199:1911; RL § 2972; NCL § 5255]—(NRS A 1967, 578)

NRS 440.765 Use or possession of certificate of birth of another person.

1. It is unlawful for any person to obtain or possess the birth certificate of another for the purpose of establishing a false identity for himself or herself or any other person.

2. A person who has in his or her possession the birth certificate of another person without lawful reason for being in possession of the birth certificate or who uses the birth certificate of another in the commission of a misdemeanor, is guilty of a misdemeanor.

3. A person who has in his or her possession two or more birth certificates of other persons without lawful reason for being in possession of the birth certificates or who uses the birth certificate of another person in the commission of a gross misdemeanor is guilty of a gross misdemeanor.

4. A person who uses the birth certificate of another person to aid in the commission of a felony is guilty of a category D felony and shall be punished as provided in NRS 193.130.

5. The offenses described in this section are separate from the primary offense if any, and the unlawful possession of a birth certificate is a separate offense from its unlawful use.

(Added to NRS by 1975, 1483; A 1995, 1278)

NRS 440.770 Furnishing false information for certificate of birth or death. Any person who furnishes false information to a physician, advanced practice registered nurse, funeral director, midwife or informant for the purpose of making incorrect certification of births or deaths shall be punished by a fine of not more than $250.

[Part 21:199:1911; RL § 2972; NCL § 5255]—(NRS A 1967, 578; 1979, 1470; 1983, 137; 2017, 1756)

NRS 440.773 Sale for profit of copy or abstract of certificate of marriage. Any person who sells or offers to sell for a profit a copy of a certificate of marriage or an abstract of a recorded certificate of marriage issued by a county clerk or county recorder is guilty of a misdemeanor. Each sale or offer to sell such a certificate constitutes a separate violation of this section. This section does not apply to fees charged by a county clerk or county recorder.

(Added to NRS by 1987, 97; A 1991, 70; 2007, 892)

NRS 440.775 Injunction against sale for profit of copy of certificate of marriage.

1. Any person who violates or proposes to violate the provisions of NRS 440.773 may be enjoined by any court of competent jurisdiction.

2. Actions for injunction under this section may be prosecuted:

(a) By the Attorney General or any district attorney in this State; or

(b) Upon the complaint of the State Registrar or any county recorder or any county clerk that is authorized to file certificates of marriage.

(Added to NRS by 1987, 97; A 2007, 892)

NRS 440.780 Violation of chapter or regulations of Board. Every person violating any of the provisions of this chapter or refusing or neglecting to obey any lawful order, rule or regulation of the Board shall be guilty of a misdemeanor.

[39:199:1911; added 1939, 297; 1931 NCL § 5268.05]—(NRS A 1967, 578)