§ 4175. Records; unrecorded births and deaths. 1. If, at any time\nafter the birth, or within one year of the death, of any person within\nthe state, a certified copy of the official record of said birth or\ndeath, with the information required to be registered by this article,\nis necessary for legal, judicial, or other proper purposes, and, after\nsearch by the commissioner or his or her representatives, it appears\nthat no such certificate of birth or death was made and filed as\nprovided by this article, then the commissioner shall immediately\nrequire the physician, nurse practitioner, or nurse-midwife who, being\nin attendance upon a birth, failed or neglected to file a certificate\nthereof, or the funeral director, undertaker, or other person who,\nhaving charge of the interment or removal of the body of a deceased\nperson, failed or neglected to file the certificate of death, if he or\nshe is living, to obtain and file at once with the local registrar such\ncertificate in as complete form as the lapse of time will permit.\n 2. With said delayed certificate shall be filed such statements\nsubscribed and affirmed by the persons making them as true under the\npenalties of perjury and other evidence as may be required by the\ncommissioner.\n 3. If the physician, nurse practitioner, nurse-midwife, funeral\ndirector, or undertaker responsible for the report is deceased or cannot\nbe located, then the person making application for the certified copy of\nthe record may file such certificate of birth or death together with\nsuch statements subscribed and affirmed by the persons making them as\ntrue under the penalties of perjury and other evidence as the\ncommissioner may require.\n 4. The commissioner shall file such certificate and issue a certified\ncopy thereof to said applicant without fee.\n 5. The delinquent physician, nurse practitioner, nurse-midwife,\nfuneral director, undertaker, or other person may, in the discretion of\nthe commissioner, be prosecuted as required by this article, without bar\nfrom the statute of limitations, if he or she neglects or fails to file\npromptly the certificate required by this section.\n
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