I. If a child is born in New Hampshire at home or some place other than a facility that regularly prepares birth records and is brought to a New Hampshire hospital or birthing center with the mother within 24 hours of birth, the hospital or birthing center shall complete the birth record in accordance with RSA 5-C:19 except that the place of birth shall be entered as the city or town of the actual birth; the physician who attends the mother in the hospital shall be entered as the physician who attended the mother in the hospital or birthing center; and the certifying physician signature section shall be signed by the physician who attended the mother in the facility.
   II. Birthing centers shall complete birth records for children born in their facilities in accordance with the reporting requirements for hospital and institution live births as provided in RSA 5-C:19.
   III. In the case of a home birth, the record shall be completed as follows:
      (a) If attended by a physician, midwife, or nurse midwife, then the physician, midwife or nurse midwife shall report the birth of the child to the division or to the registrar in the town where the birth occurred within one week of the birth. The physician, midwife or nurse midwife shall, within 2 weeks of the birth, complete the birth worksheet by completing the medical and statistical sections in accordance with RSA 5-C:19 by entering his or her name and title as the attendant; by signing the worksheet as the attendant; by providing his or her mailing address; and, by giving the signed worksheet to the parent to bring to the clerk of the town or city where the birth occurred. The clerk of the town or city shall report to the division by the next working day any home birth that takes place within his or her jurisdiction if such an occurrence is brought to his or her attention and, the division shall notify the appropriate clerk of the town or city of any home birth reported directly to the division.
      (b) If a home birth is not attended by a physician or midwife, then the parent shall report the birth of the child to the division or to the registrar in the town where the birth occurred within one week of the birth. The clerk of the town or city shall report to the division by the next working day any home birth that takes place within his or her jurisdiction if such an occurrence is brought to his or her attention. The division shall notify the appropriate clerk of the town or city of any home birth reported directly to the division. Upon notice of a home birth, the clerk of the town or city shall prepare the birth worksheet completing as many items as possible, including the name and address of a birth attendant if a parent, friend, ambulance attendant, or other person attended the birth; sign the birth worksheet as certifier; and, if any of the original information on the worksheet was changed by a parent before presentation to the clerk of the town or city, the parent shall initial such changes and note the reason for the change in the margin of the birth worksheet. When a home birth occurs in the state of New Hampshire and the mother is taken with her child to a hospital outside the state, such a birth shall be registered by the division notifying the appropriate clerk of the town or city of any home birth reported directly to the division.
   IV. If a birth occurs in an unincorporated town or a geographical area where there is no clerk of the town, the birth record shall be filed with the nearest clerk of a town or city or the state registrar. The actual place of birth shall be shown on the birth record along with a notation stating why the birth record was filed in a city or town other than that of the birth occurrence.
   V. In the case where the mother has refused to provide the name of her husband, and at a later date she provides the name of her husband to the clerk of the town or city or the division, the mother shall also provide to the clerk of the town or city the documentation necessary to process a correction to the birth record pursuant to RSA 5-C:85. When reviewed pursuant to RSA 5-C:85, the clerk of the town or city shall add the name of the husband to the birth record.
   VI. Whenever the marital status on the birth record is disputed by the mother, she shall provide to the division a medical opinion in writing concerning the estimated date of conception in relation to the date of the divorce and a certified copy of the divorce decree to establish the exact date of divorce. The state registrar shall review the information provided and make the determination of marital status for the birth record. If the mother disputes the determination of the state registrar the mother may request an administrative hearing within 30 days of the registrar's decision.
Source. 2005, 268:1, eff. Jan. 1, 2006.