N.Y. PBH Law § 4121

§ 4121. Vital statistics; registrar; qualifications and appointment.\n1. In each primary registration district there shall be a registrar of\nvital statistics.\n 2. Qualifications of registrars of vital statistics hereafter\nappointed may be prescribed by the public health council, provided that:\n (a) a local health officer shall be eligible for appointment as\nregistrar of vital statistics; and,\n (b) no licensed and registered funeral director, undertaker or\nembalmer engaged or employed in the business or practice of funeral\ndirecting, undertaking or embalming, and no other person engaged or\nemployed in the business of funeral directing, undertaking or embalming\nshall be eligible for appointment as a registrar, deputy registrar or\nsub-registrar of vital statistics.\n 3. (a) In towns and villages the registrar or registrars of vital\nstatistics shall be appointed by the town board and by the village board\nof trustees respectively; a local town clerk shall be eligible for\nappointment as registrar of his town and of any village wholly within\nsaid town in which he has an office, and a village clerk shall be\neligible for appointment as a registrar of his village and of any town\nin which he resides.\n (b) In the cities, unless otherwise provided by charter, the registrar\nor registrars of vital statistics shall be appointed by the mayor.\n (c) In each primary registration district consisting of a state\nhospital, charitable or penal institution, the registrar shall be the\ndirector or person in charge of such institution, provided, however,\nthat he shall receive no additional remuneration for acting as such\nregistrar.\n (d) In an area designated as a county or part-county registration\ndistrict, the county commissioner of health or public health director\nshall be appointed by the board of supervisors as registrar of such\ncounty or part-county registration district. If there be no county\ncommissioner of health or public health director, then the board of\nsupervisors, with the approval of the commissioner, shall designate the\nregistrar. When such appointment is made, the terms of office of\nregistrars theretofore appointed within such county or part-county\nregistration district shall thereupon terminate, and the county\ncommissioner of health or public health director or registrar so\ndesignated shall be the registrar of the entire area embraced within\nsuch county or part-county registration district.\n 4. When a district is divided into two or more primary registration\ndistricts, the appointment of a registrar for each shall be made by the\nsame appointing authority which had jurisdiction over the original\ndistrict.\n 5. (a) When two or more primary registration districts are combined,\nthe registrar for such combined district shall be appointed by the board\nor city council of those former primary registration districts having\nhad an aggregate of one hundred or more births, deaths or fetal deaths\nin each of the two preceding calendar years, and which theretofore made\nthe appointment of registrars of the original districts, except that;\n (b) in a county registration district, the county commissioner of\nhealth or public health director, or if there be no county commissioner\nof health or public health director, the designee of the board of\nsupervisors of such county shall be appointed as registrar for the area\nof his jurisdiction as provided in paragraph (d) of subdivision three of\nthis section;\n (c) where the combined primary registration districts have each\nregistered less than an aggregate of one hundred births, deaths or fetal\ndeaths in each of the two preceding calendar years the registrar of the\ncombined districts, or of the districts forming a part-county\nregistration district shall be appointed by the board of supervisors of\nsuch county.\n