69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 919
House Bill 2174
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Health Division, Department
of Human Resources)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Designates those eligible to obtain vital records and vital
reports. Designates information to be included in vital records.
Changes Vital Statistics Unit to Center for Health Statistics.
Makes related changes.
Creates offense of unlawful use of a vital record or vital
report. Punishes by maximum five years' imprisonment, $100,000
fine, or both.
Creates offense of obstructing the keeping of vital records or
vital reports. Punishes by maximum one year's imprisonment,
$5,000 fine, or both.
A BILL FOR AN ACT
Relating to vital statistics; creating new provisions; amending
ORS 109.400, 432.005, 432.010, 432.015, 432.030, 432.035,
432.075, 432.080, 432.085, 432.090, 432.105, 432.115, 432.119,
432.122, 432.140, 432.142, 432.165, 432.230, 432.235, 432.285,
432.287, 432.300, 432.307, 432.312, 432.317, 432.327, 432.333,
432.337, 432.405, 432.415, 432.420 and 432.430; and repealing
ORS 432.045, 432.050, 432.120, 432.175, 432.205, 432.215 and
432.990.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 432.005 is amended to read:
432.005. As used in this chapter, unless the context requires
otherwise:
(1) 'Assistant director' means the Assistant Director for
Health.
(2) 'Dead body' means a human body or such parts of such human
body from the condition of which it reasonably may be concluded
that death { - recently - } occurred.
(3) 'Division' means the Health Division of the Department of
Human Resources.
(4) 'Fetal death' means death prior to the complete expulsion
or extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy { - ; - } { + , but
does not include an induced termination of pregnancy. + } The
death is indicated by the fact that after such expulsion or
extraction the fetus does not breathe or show any other evidence
of life such as beating of the heart, pulsation of the umbilical
cord or definite movement of the voluntary muscles.
(5) 'File' means the presentation { + and acceptance + } of a
vital record { + or vital report + } provided for in this
chapter { - for registration - } by the { - Vital Statistics
Unit - } { + Center for Health Statistics + }.
(6) 'Final disposition' means the burial, interment, cremation,
removal from the state or other authorized disposition of a dead
body or fetus.
(7) 'Induced termination of pregnancy' means the purposeful
interruption of { + an intrauterine + } pregnancy with the
intention other than to produce a live-born infant { - or to
remove a dead fetus - } and
{ - which - } { + that + } does not result in a live
birth. { + 'Induced termination of pregnancy' does not include
management of prolonged retention of products of conception
following fetal death. + }
(8) 'Institution' means any establishment, public or private,
{ - which - } { + that + } provides inpatient { + or
outpatient + } medical, surgical or diagnostic care or treatment
or nursing, custodial or domiciliary care, or to which persons
are committed by law.
(9) 'Live birth' means the complete expulsion or extraction
from its mother of a product of human conception, irrespective of
the duration of pregnancy, { - which - } { + that + }, after
such expulsion or extraction, breathes or shows any other
evidence of life such as beating of the heart, pulsation of the
umbilical cord or definite movement of voluntary muscles, whether
or not the umbilical cord has been cut or the placenta is
attached.
(10) 'Physician' means a person authorized or licensed under
the laws of this state to practice medicine, osteopathy,
chiropractic or naturopathic medicine.
(11) 'Registration' means { - the acceptance by the Vital
Statistics Unit and the incorporation of vital records provided
for in this chapter - } { + the process by which vital records
and vital reports are completed, filed and incorporated + } into
{ - its - } { + the + } official records { + of the Center
for Health Statistics + }.
{ - (12) 'Search of the files' means consultation of the file
or the index to the file for the year in which the event is
stated to have occurred. A consultation of the file or index to
the file for two years on each side of the year in which the
event is stated to have occurred shall be considered a part of
the same search procedure when the record is not located in the
stated year. - }
{ - (13) 'Spontaneous fetal death' means the expulsion or
extraction of a product of human conception resulting in other
than a live birth and which is not an induced termination of
pregnancy. - }
{ - (14) - } { + (12) + } 'State registrar' means the State
Registrar of
{ - Vital Statistics - } { + the Center for Health
Statistics + }.
{ - (15) - } { + (13) + } 'System of vital statistics'
means the registration, collection, preservation, amendment and
certification of vital records { + and vital reports + }; the
collection of other reports required by this chapter, and
activities related thereto including the tabulation,
analysis { + , dissemination + } and publication of vital
statistics { + and training in the use of health data + }.
{ - (16) - } { + (14) + } 'Vital records' means
certificates or reports of birth, death, marriage, dissolution of
marriage and data related thereto.
{ + (15) 'Vital reports' means reports of fetal death,
induced termination of pregnancy, suicide attempts by persons
under 18 years of age and survey and questionnaire documents and
data related thereto. + }
{ - (17) - } { + (16) + } 'Vital statistics' means the data
derived from certificates and reports of birth, death,
{ - spontaneous - } fetal death, induced termination of
pregnancy, marriage, dissolution of marriage { + , suicide
attempts by persons under 18 years of age + } and related
reports.
SECTION 2. ORS 432.010 is amended to read:
432.010. (1) The Health Division shall establish { - a Vital
Statistics Unit - } { + the Center for Health Statistics, + }
which shall install, maintain and operate the system of vital
statistics throughout this state in cooperation with appropriate
units of local government. { + The Center for Health Statistics
shall be responsible for the proper administration of the system
of vital statistics and for the preservation and security of its
official records. + }
{ - (2) In order to promote and maintain nationwide
uniformity in the system of vital statistics, the forms of
certificates and reports required by this chapter or by rules
adopted pursuant thereto may include the items recommended by the
federal agency responsible for national vital statistics. - }
{ + (2) In order to promote and maintain nationwide
uniformity in the system of vital statistics, the State Registrar
of the Center for Health Statistics may refer to the 1992 federal
revision of the Model State Vital Statistics Act and Regulations
for recommendations regarding the forms of certificates and
reports required by this chapter. + }
(3) Each certificate, report and other document required by
this chapter shall be on a form or in a format prescribed by the
state registrar.
(4) All vital records shall contain the date { - received for
registration - } { + of filing + }.
(5) Information required in certificates { + , forms,
records + } or reports authorized by this chapter may be
filed { + , verified, registered and stored + } { - and
registered - } by photographic, electronic or other means as
prescribed by the state registrar.
SECTION 3. ORS 432.015 is amended to read:
432.015. The State Registrar { + of the Center for Health
Statistics + }, under the supervision of the Assistant Director
for Health, { - shall: - }
{ - (1) - } in compliance with ORS 183.310 to 183.550,
{ + shall + } adopt rules necessary to the installation and
efficient performance of an adequate system of vital and public
health statistics including rules for the return of evidence
affecting delayed certificates, or affecting alteration of a
certificate, after the certificate has been filed with the state
registrar.
{ - (2) Administer and enforce the provisions of this chapter
and the rules adopted pursuant thereto and issue instructions for
the efficient administration of the system of vital
statistics. - }
SECTION 4. ORS 432.030 is amended to read:
432.030. { + (1) + } The State Registrar { + of the Center
for Health Statistics shall + }:
{ - (1) - } { + (a) + } Under the supervision of the
Assistant Director for Health, { - shall - } have charge of
the { - Vital Statistics Unit - } { + Center for Health
Statistics + }.
{ + (b) Administer and enforce the provisions of this chapter
and the rules adopted pursuant thereto for the efficient
administration of the system of vital statistics.
(c) Direct and supervise the system of vital statistics and the
Center for Health Statistics and be custodian of its records.
(d) Direct, supervise and control the activities of all persons
when they are engaged in activities pertaining to the operation
of the system of vital statistics. + }
{ - (2) Shall act as custodian of all certificates and
records received by the Vital Statistics Unit. - }
{ - (3) Shall have supervisory power over the local
registrars and deputy local registrars. - }
{ - (4) - } { + (e) + } { - Shall - } Conduct training
programs to promote uniformity of policy and procedures
throughout the state in matters pertaining to the system of vital
statistics.
{ - (5) - } { + (f) + } { - With the approval of the
division, shall - } Prescribe, furnish and distribute such forms
as are required by this chapter and the rules adopted pursuant
thereto or prescribe other means for transmission of data to
accomplish the purpose of complete and accurate reporting and
registration.
{ - (6) - } { + (g) + } { - Shall - } Prepare and
publish reports of vital statistics of this state and such other
reports as may be required { + by the Health Division + }.
{ - (7) - } { + (h) + } { - Shall - } Provide to local
health agencies such copies of or data derived from certificates
and reports required under this chapter as the state registrar
shall determine are necessary for local health planning and
program activities. The state registrar shall establish a
schedule with each local health agency for transmittal of the
copies or data. { + The copies or data shall remain the property
of the Center for Health Statistics and the uses that may be made
of them shall be determined by the state registrar.
(i) Provide local health agencies training and consultation in
working with health data. + }
{ - (8) - } { + (2) The state registrar + } may delegate
such functions and duties vested in the state registrar to
employees of the { - Vital Statistics Unit - } { + Center for
Health Statistics + } and to employees of any office established
or designated under ORS 432.035.
SECTION 5. ORS 432.035 is amended to read:
432.035. The State Registrar { + of the Center for Health
Statistics + } shall designate for each county a county
registrar. In consultation with the state registrar { - and the
district medical examiner for that county - } , the county
registrar may designate one or more deputy county registrars in
any county. So far as practical, a county health official shall
be designated county registrar.
SECTION 6. ORS 432.075 is amended to read:
432.075. { + (1) + }Any person having knowledge of the facts
shall furnish { - such - } { + all + } information
{ - as - } the person may possess regarding any birth, death,
{ - spontaneous - } fetal death, induced termination of
pregnancy, marriage, dissolution of marriage or
{ - annulment - } { + suicide attempt by a person under 18
years of age + }, upon demand of the state registrar.
{ + (2) Any person or institution that in good faith provides
information required by this chapter or by rules adopted pursuant
thereto shall not be subject to any action for civil damages. + }
SECTION 7. { + ORS 432.080 and 432.085 are added to and made a
part of ORS chapter 432. + }
SECTION 8. ORS 432.080 is amended to read:
432.080. Notwithstanding ORS 432.146, the State Registrar of
{ - Vital Statistics - } { + the Center for Health Statistics
or the county registrar + } shall furnish, without charge
therefor, a certified copy of a vital record { - , as defined in
ORS 432.005, - } to the United States Department of Veterans
Affairs, the Director of Veterans' Affairs or any county service
officer appointed under ORS 408.410 when the record is requested
by the agency or officer in connection with, or for use as
evidence in, any proceeding involving a claim based upon war
veterans' benefits.
SECTION 9. ORS 432.085 is amended to read:
432.085. The Health Division shall adopt, taking into
consideration local service needs and interests, rules to allow
{ - deputy registrars - } { + a county registrar + } to
sell { + , + } within six months of the { + date of the + }
event { - certified a certified copy of a birth certificate and
a death certificate - } { + occurring in the county, certified
copies of birth certificates and death certificates + }.
SECTION 10. ORS 432.090 is amended to read:
432.090. (1) In addition to the original birth certificate, the
State Registrar of { - Vital Statistics - } { + the Center
for Health Statistics + } shall issue upon request and upon
payment of a fee { - of $25 - } { + set pursuant to ORS
432.146 + } a birth certificate representing that the birth of
the person named thereon is recorded in the office of the
{ + state + } registrar. The certificate issued under this
section shall be in a form consistent with the need to protect
the integrity of vital records but shall be suitable for display.
It may bear the seal of the state printed thereon and may be
signed by the Governor. It shall have the same status as evidence
as the original birth certificate.
(2) Of the funds received under subsection (1) of this section,
the amount needed to reimburse the { + state + } registrar for
expenses incurred in administering this section shall be credited
to the Health Division Account. The remainder shall be credited
to the Children's Trust Fund established under ORS 418.199.
SECTION 11. ORS 432.105 is amended to read:
432.105. { + (1) + } Each local registrar shall promptly
transmit each birth certificate and each death certificate filed
with the local registrar to the county registrar. The county
registrar
{ - forthwith - } shall { - prepare - } { + maintain + }
an abstract of each death certificate and { + may prepare and
maintain an abstract for + } each birth certificate { - . - }
{ + as follows: + }
{ + (a) + } The abstract of death shall { - contain as a
minimum the full name of the decedent, the place and date of
death and the name of the decedent's spouse, if any. - }
{ + include the information contained on the report of death
card prescribed by the State Registrar of the Center for Health
Statistics.
(b) + } The abstract of birth shall contain { - , as a
minimum, - } { + only + } the full names of the child and the
parent or parents, sex of the child, the { - place - }
{ + county + } and date of birth { + , + } { - and - } the
residence address of the { - parent or parents - } { +
mother, date of filing and local file number + }.
{ + (2) + } { - Such abstract, if the office of the county
registrar is in the county seat, - } { + Abstracts + } shall be
filed and indexed in alphabetical order and safely kept by the
county registrar. { - If such records are not maintained in the
county office, the registrar shall promptly file each such
abstract with the county clerk who shall file and index the same
in alphabetical order and safely keep the record in the office of
the county clerk. - }
SECTION 12. ORS 432.115 is amended to read:
432.115. To preserve vital records { + and vital reports + },
the State Registrar { + of the Center for Health Statistics + }
is authorized to prepare typewritten, photographic, electronic or
other reproductions of certificates or reports in the { - Vital
Statistics Unit - } { + Center for Health Statistics + }. Such
reproductions when
{ - certified - } { + verified and approved + } by the state
registrar shall be accepted as original records { + , and + }
{ - . - } the documents from which permanent reproductions have
been made { - and verified - } may be disposed of as provided
by rule { + of the state registrar, rule of the Secretary of
State and ORS 192.105 + }.
SECTION 13. ORS 432.119 is amended to read:
432.119. (1) Abstracts of birth and death certificates as
provided in ORS 432.105 are public records and open to public
inspection except as provided in this section. The county
registrar shall mark the abstract of birth in a manner designated
by the State Registrar { + of the Center for Health
Statistics + } to indicate that the record is not to be used by
any person compiling a list for publication or a business contact
list under the following conditions:
(a) If a birth certificate indicates any of the following:
{ - (A) The fetus was dead at time of delivery. - }
{ - (B) - } { + (A) + } The father of the child is not
identified { - or the surname of the father is at variance with
that of the child - } .
{ - (C) - } { + (B) + } The infant dies after birth.
{ - (D) - } { + (C) + } Congenital { - malformation - }
{ + anomaly + } is reported.
{ - (E) - } { + (D) + } Maternal disability or death is
indicated.
(b) If the parent of the infant requests that the record not be
made available for publication or business contact lists.
(2) The { + Health + } Division or local health department, as
provided in ORS 431.416, may use any birth record or abstract as
a source of information for activities necessary for the
preservation of health or prevention of disease.
SECTION 14. { + ORS 432.120 is repealed and section 15 of this
Act is enacted in lieu thereof. + }
SECTION 15. { + (1) To protect the integrity of vital records
and vital reports, to ensure their proper use and to ensure the
efficient and proper administration of the system of vital
statistics, it shall be unlawful for any person to permit
inspection of, or to disclose information contained in vital
records or in vital reports or to copy or issue a copy of all or
part of any such record or report unless authorized by this
chapter and by rules adopted pursuant thereto or by order of a
court of competent jurisdiction. Rules adopted under this section
shall provide for adequate standards of security and
confidentiality of vital records and vital reports.
(2) The State Registrar of the Center for Health Statistics
shall authorize the inspection, disclosure and copying of the
information referred to in subsection (1) of this section as
follows:
(a) To the spouse, child, parent, sibling or legal guardian of
the registrant, an authorized representative of the spouse,
child, parent, sibling or legal guardian of the registrant or, in
the case of death records, to other next of kin.
(b) When a person demonstrates that a death record is needed
for the determination or protection of a personal or property
right.
(c) When 100 years have elapsed after the date of birth or 50
years have elapsed after the date of death, marriage or
dissolution of marriage.
(d) When the person requesting the information demonstrates
that the person intends to use the information solely for
research purposes. In order to receive the information, the
person must submit a written request to the state registrar
requesting a research agreement. The state registrar shall issue
a research agreement if the person demonstrates that the
information will be used only for research and will be held
confidential. The research agreement shall prohibit the release
by the person of any information other than that authorized by
the agreement that might identify any person or institution.
(e) To the federal agency responsible for national vital
statistics, upon request. The copies or data may be used solely
for the conduct of official duties. Before furnishing the
records, reports or data, the state registrar shall enter into an
agreement with the federal agency indicating the statistical or
research purposes for which the records, reports or data may be
used. The agreement shall also set forth the support to be
provided by the federal agency for the collection, processing and
transmission of the records, reports or data. Upon written
request of the federal agency, the state registrar may approve,
in writing, additional statistical or research uses of the
records, reports or data supplied under the agreement.
(f) To federal, state and local governmental agencies, upon
request. The copies or data may be used solely for the conduct of
official duties of the requesting governmental agency.
(g) To offices of vital statistics outside this state when such
records or other reports relate to residents of those
jurisdictions or persons born in those jurisdictions. Before
furnishing the records, reports or data, the state registrar
shall enter into an agreement with the office of vital
statistics. The agreement shall specify the statistical and
administrative purposes for which the records, reports or data
may be used and the agreement shall further provide instructions
for the proper retention and disposition of the copies. Copies
received by the Center for Health Statistics from offices of
vital statistics in other states shall be handled in the same
manner as prescribed in this section.
(3) The state registrar, upon request of a family member or
legal representative, shall issue a certified copy or other copy
of a death certificate containing the cause of death information
as provided in subsection (2) of this section or as follows:
(a) When a person has demonstrated through documented evidence
a need for the cause of death to establish a legal right or
claim.
(b) When the request for the copy is made by or on behalf of an
organization that provides benefits to the decedent's survivors
or beneficiaries.
(4) Nothing in this section prohibits the release of
information or data that would not identify any person or
institution named in a vital record or a vital report.
(5) Nothing in this section shall be construed to permit
disclosure of information contained in the 'Information for
Medical and Health Use Only' section of the birth certificate,
fetal death report or the 'Information for Statistical Purposes
Only' section of the certificate of marriage or certificate of
dissolution of marriage, unless specifically authorized by the
state registrar for statistical or research purposes. The data
shall not be subject to subpoena or court order and shall not be
admissible before any court, tribunal or judicial body.
(6) All forms and procedures used in the issuance of certified
copies of vital records and vital reports shall be uniform and
provided by or approved by the state registrar. All certified
copies issued shall have security features that deter the
document from being altered, counterfeited, duplicated or
simulated without ready detection.
(7) Each copy issued shall show the date of filing. Copies
issued from records marked 'Amended' shall be similarly marked
and shall show the effective date of the amendment. Copies issued
from records marked 'Delayed' shall be similarly marked and shall
include the date of filing and a description of the evidence used
to establish the delayed certificate.
(8) Any copy issued of a certificate of foreign birth shall
indicate this fact and show the actual place of birth and the
fact that the certificate is not proof of United States
citizenship for an adoptive child.
(9) Appeals from decisions of the state registrar to refuse to
disclose information or to permit inspection or copying of
records as prescribed by this section and rules adopted pursuant
thereto shall be made under ORS 183.480 to 183.484.
(10) The state registrar shall adopt rules to implement this
section in accordance with the applicable sections of ORS 183.310
to 183.550. + }
SECTION 16. { + Section 17 of this Act is added to and made a
part of ORS chapter 432. + }
SECTION 17. { + (1) A certified copy of a vital record or
vital report or any part thereof shall be considered for all
purposes the same as the original and shall be prima facie
evidence of the facts stated therein. However, the evidentiary
value of a record or report filed more than one year after the
event, a record or report that has been amended or a certificate
of foreign birth shall be determined by the judicial or
administrative body or official before whom the record or report
is offered as evidence.
(2) The contents, or part of the contents, and the due
execution of any certificate on file in the Center for Health
Statistics may be evidenced by a copy of the material in the
certificate, as certified by the State Registrar of the Center
for Health Statistics.
(3) When the state registrar receives information that a
certificate may have been registered through fraud or
misrepresentation, the state registrar shall withhold issuance of
any copy of that certificate. The state registrar shall advise
the applicant of the right to appeal under ORS 183.480 to
183.484. If fraud or misrepresentation is found, the state
registrar shall remove the certificate from the file. The
certificate and evidence shall be retained but shall not be
subject to inspection or copying except upon order of a court of
competent jurisdiction or by the state registrar for purposes of
administering the system of vital statistics.
(4) No person may prepare or issue any certificate that
purports to be an original, certified copy or copy of a vital
record or vital report except as authorized in this chapter or
rules adopted pursuant thereto. No person may prepare or issue
any certified copies of birth or death abstracts. + }
SECTION 18. ORS 432.122 is amended to read:
432.122. To protect the integrity of vital records and to
prevent the fraudulent use of birth certificates of deceased
persons, the State Registrar { + of the Center for Health
Statistics + } is authorized to match birth and death
certificates, in accordance with { - written standards adopted
by the state registrar to prove - } { + rules adopted by the
state registrar that require proof + } beyond a reasonable doubt
the fact of death, and to post the facts of death to the
appropriate birth certificate. Copies issued from birth
certificates marked 'deceased' shall be similarly marked.
SECTION 19. ORS 432.140 is amended to read:
432.140. (1) When a certificate of birth of a person born in
this state has not been filed within { - the time period
provided in ORS 432.205 - } { + one year after the date of
birth + }, a { + delayed + } certificate of birth may be filed
in accordance with rules of the State Registrar { + of the
Center for Health Statistics + }. { - The certificate shall be
registered subject to evidentiary requirements as the state
registrar by rule shall prescribe to substantiate the alleged
facts of birth. - } { + If a hospital fails to file a
certificate of birth within one year after the date of birth, a
certificate of birth may be filed as provided by rule of the
state registrar. No delayed certificate shall be registered until
the evidentiary requirements as specified by rule have been
met. + }
(2) A certificate of birth registered one year or more after
the date of birth shall be { - made on forms prescribed and
furnished by the state registrar, marked 'Delayed,' - }
{ + registered on a delayed certificate of birth form + } and
{ - shall - } show on its face the date of { - the delayed
registration - } { + filing + }.
(3) A summary statement of the evidence submitted in support of
the delayed registration shall be indorsed on the certificate.
(4)(a) When an applicant does not submit the minimum
documentation required by rule of the state registrar for delayed
registration or when the state registrar has { - reasonable - }
cause to question the validity or adequacy of the applicant's
sworn statement or the documentary evidence, and if the
deficiencies are not corrected, the state registrar shall not
register the delayed certificate of birth and shall enter an
order to that effect stating the reasons for the action. The
state registrar shall advise the applicant of the right to appeal
under ORS 183.480
{ - and - } { + to + } 183.484.
(b) The state registrar by rule may provide for the dismissal
of an application which is not actively prosecuted.
SECTION 20. ORS 432.142 is amended to read:
432.142. { - (1) If application for a delayed certificate of
birth is ordered rejected under ORS 432.140, the applicant may
appeal the order under ORS 183.480 and 183.484. - }
{ + (1) If the State Registrar of the Center for Health
Statistics refuses to file a delayed certificate of birth under
the provisions of ORS 432.140, the applicant may file a signed
and sworn petition with a court of competent jurisdiction seeking
an order establishing a record of the date and place of birth and
the parentage of the person whose birth is to be registered. + }
(2) { - On appeal, the applicant - } { + The petition shall
be made on a form prescribed and furnished or approved by the
state registrar and + } shall allege:
(a) That the person for whom a delayed certificate of birth is
sought was born in this state;
(b) That no certificate of birth of the person can be found in
{ - the Vital Statistics Unit or the office of any local
custodian of birth certificates - } { + the records of the
Center for Health Statistics + };
(c) That diligent efforts by the petitioner have failed to
obtain the evidence required in accordance with ORS 432.140 and
rules adopted pursuant thereto;
(d) That the state registrar has refused to { - register - }
{ + file + } a delayed certificate of birth; and
(e) Such other allegations as may be required under ORS 183.480
and 183.484.
(3) The petition shall be accompanied by { - the - }
{ + a + } statement
{ - of the state registrar accompanying the order - } made in
accordance with ORS 432.140 and all documentary evidence which
was submitted to the state registrar in support of the
{ - registration - } { + filing + }.
{ + (4) The court shall fix a time and place for hearing the
petition and shall give the state registrar notice of the
hearing. The state registrar or an authorized representative may
appear and testify in the proceeding. + }
{ - (4) - } { + (5) + } If the court finds, from the
evidence presented, that the person for whom a delayed
certificate of birth is sought was born in this state, it shall
make findings as to the place and date of birth, parentage and
such other findings as may be required and shall issue an order,
on a form prescribed and furnished { + or approved + } by the
state registrar, to establish a { + court-ordered + }
certificate of birth. This order shall include the birth data to
be registered, a description of the evidence presented and the
date of the court's action.
{ - (5) - } { + (6) + } The clerk of the court shall
forward each order to the state registrar not later than the 10th
day of the calendar month following the month in which it was
entered. The order shall be registered by the state registrar and
shall constitute the certificate of birth.
SECTION 21. ORS 432.165 is amended to read:
432.165. (1) All superintendents or managers or other persons
in charge of institutions shall keep a record of personal data
concerning each person admitted or confined to the institution.
This record shall include such information as required for the
certificates of birth and death and the reports of
{ - spontaneous - } fetal death and induced termination of
pregnancy required by this chapter. The record shall be made at
the time of admission from information provided by the person
being admitted or confined, but when it cannot be so obtained,
the information shall be obtained from relatives or other persons
acquainted with the facts. The name and address of the person
providing the information shall be a part of the record.
(2) When a dead body or { - dead - } fetus is released or
disposed of by an institution, the person in charge of the
institution shall keep a record showing the name of the decedent,
date of death, name and address of the person to whom the body or
fetus is released and the date of removal from the institution.
If final disposition is made by the institution, the date, place
and manner of disposition shall also be recorded.
(3) A funeral service practitioner, embalmer, sexton or other
person who removes from the place of death, transports or makes
final disposition of a dead body or fetus, in addition to filing
any certificate or other report required by this chapter or rules
adopted pursuant thereto, shall keep a record which shall
identify the body, and such information pertaining to receipt,
removal, delivery, burial or cremation of the body as may be
required by rules adopted by the state registrar.
(4) A medical examiner or a physician authorized by law to sign
a death certificate who is notified of the death of a person not
under the care of institutions shall keep a record.
(5) Copies of records described in this section shall be sent
to the state registrar at least monthly. Records maintained under
this section shall be retained by the institution, medical
examiner or physician and the persons described in subsection (3)
of this section for a period of not less than two years and shall
be made available for inspection by the state registrar or a
representative of the state registrar upon demand.
SECTION 22. { + ORS 432.205 is repealed and section 23 of this
Act is enacted in lieu thereof. + }
SECTION 23. { + (1) A certificate of birth for each birth that
occurs in this state shall be filed with the county registrar of
the county in which the birth occurred or with the Center for
Health Statistics, or as otherwise directed by the State
Registrar of the Center for Health Statistics, within five days
after the birth and shall be registered if the certificate has
been completed and filed in accordance with this section. Any
birth certificate not containing the name of the father or on
which the surname of the father is at variance with that of the
child, at the request of either parent, may be filed with the
state registrar and not with the registrar of the county in which
the birth occurred.
(2) When a birth occurs in an institution or en route thereto,
the person in charge of the institution or authorized designee
shall obtain the personal data, prepare the certificate, certify
either by signature or by an approved electronic process that the
child was born alive at the place and time and on the date stated
and file the certificate as directed in subsection (1) of this
section. The physician or other person in attendance shall
provide the medical information required by the certificate
within 72 hours after the birth.
(3) When a birth occurs outside of an institution:
(a) The certificate shall be prepared and filed by one of the
following in the indicated order of priority, in accordance with
rules adopted by the state registrar:
(A) The physician in attendance at the birth or immediately
after the birth, or in the absence of such a person;
(B) The midwife in attendance at the birth or immediately after
the birth, or in the absence of such a person;
(C) Any other person in attendance at the birth or immediately
after the birth, or in the absence of such a person; or
(D) The father, the mother or, in the absence of the father and
the inability of the mother, the person with authority over the
premises where the birth occurred.
(b) The state registrar shall by rule determine what evidence
shall be required to establish the facts of birth.
(4) When a birth occurs on a moving conveyance:
(a) Within the United States and the child is first removed
from the conveyance in this state, the birth shall be registered
in this state and the place where it is first removed shall be
considered the place of birth.
(b) While in international waters or air space or in a foreign
country or its air space and the child is first removed from the
conveyance in this state, the birth shall be registered in this
state but the certificate shall show the actual place of birth
insofar as can be determined.
(5) For purposes of birth registration, the mother is
considered to be the woman who gives birth to the child unless
otherwise determined by a court of competent jurisdiction before
the filing of the birth certificate. The information about the
father shall be entered as provided in this section and in ORS
432.230.
(6) If the mother was married at the time of either conception
or birth, or between conception and birth, the name of the
husband shall be entered on the birth certificate as father of
the child unless:
(a) Paternity has been determined otherwise by a court of
competent jurisdiction;
(b) The mother and the mother's husband execute joint or
separate affidavits attesting that the husband is not the father
of the child. In such event, information about the father shall
be omitted from the certificate; or
(c) The mother executes an affidavit attesting that the husband
is not the father and that the putative father is the father and
the putative father executes an affidavit attesting that he is
the father and the husband executes an affidavit attesting that
he is not the father. Affidavits may be joint or individual or a
combination thereof. In such event, the putative father shall be
shown as the father on the certificate.
(7) In the case of a child born to a married woman as a result
of artificial insemination with the consent of her husband, the
husband's name shall be entered on the certificate.
(8) If the mother was not married at the time of either
conception or birth or between conception and birth, the name of
the father shall not be entered on the certificate unless a
voluntary acknowledgment of paternity form or other form
prescribed under ORS 432.287 signed by the mother and the person
to be named as the father is filed with the state registrar.
(9) In any case in which paternity of a child is determined by
a court of competent jurisdiction or by an administrative
determination of paternity, the name of the father and surname of
the child shall be entered on the certificate of birth in
accordance with the finding and order of the court.
(10) If the father is not named on the certificate of birth, no
other information about the father shall be entered on the legal
portion of the certificate. Information pertaining to the father
may be entered in the 'Medical and Confidential' section of the
certificate of birth.
(11) Certificates of birth filed after five days, but within
one year after the date of birth, shall be registered on the
standard form of birth certificate in the manner prescribed in
this section. The certificates shall not be marked 'Delayed. '
The state registrar may require additional evidence in support of
the facts of birth. + }
SECTION 24. ORS 432.230 is amended to read:
432.230. (1) The State Registrar { + of the Center for Health
Statistics + } shall establish a new certificate of birth for a
person born in this state when the state registrar receives
either of the following:
(a) A report of adoption as provided in ORS 432.415 or a report
of adoption prepared and filed in accordance with the laws of
another state or foreign country, or a certified copy of the
decree of adoption, together with the information necessary to
identify the original certificate of birth and to establish a new
certificate of birth { + , except that + } { - . - } a new
certificate of birth shall not be established if { + so
requested by + } the court decreeing the adoption, the adoptive
parents or the adopted person { - so request - } .
{ - (b) A request that the surname be changed, and that a new
certificate be established as prescribed by rule of the state
registrar, when accompanied by evidence as required by rule
proving that: - }
{ - (A) Such person has been legitimated; - }
{ - (B) That a court of competent jurisdiction has determined
the paternity of such a person; or - }
{ - (C) That both parents have acknowledged the paternity of
such person. - }
{ + (b) A request that a new certificate of birth be
established as prescribed by rule and the evidence required by
rule of the state registrar proving that:
(A) The person has been legitimated;
(B) A court of competent jurisdiction has determined the
paternity of the person;
(C) An administrative determination of paternity has been
filed; or
(D) Both parents have voluntarily acknowledged the paternity of
the person and requested that the surname be changed from that
shown on the original certificate. + }
(2) When a new certificate of birth is established, the actual
{ - place - } { + city or county, or both, + } and date of
birth shall be shown. The new certificate shall be substituted
for the original certificate of birth in the files, and the
original certificate of birth and the evidence of adoption,
legitimation, { - paternity - } { + court + } determination
{ + of paternity, administrative determination of paternity,
voluntary acknowledgment of + } { - or - } paternity
{ - acknowledgment - } { + or other form prescribed in ORS
432.287 + } shall not be subject to inspection except upon order
of a court of competent jurisdiction or as provided by rule of
the state registrar.
(3) Upon receipt of a report of an amended decree of adoption,
the certificate of birth shall be amended as provided by rule of
the state registrar.
(4) Upon receipt of a report or decree of annulment of
adoption, the original certificate of birth shall be restored to
its place in the files and the adoption certificate and evidence
shall not be subject to inspection except upon order of a court
of competent jurisdiction or as provided by rule of the state
registrar.
{ + (5) Upon written request of both parents and receipt of a
voluntary acknowledgment of paternity form or other form
prescribed in ORS 432.287 signed by both parents of a child born
out of wedlock, the state registrar shall issue a new certificate
of birth to show such paternity if paternity is not already shown
on the certificate of birth. Such certificate shall not be marked
' Amended.' + }
{ - (5) - } { + (6) + } If no certificate of birth is on
file for the person for whom a new birth certificate is to be
established under this section, and the date and place of birth
have not been determined in the adoption or paternity
proceedings, a delayed certificate of birth shall be filed with
the state registrar as provided in ORS 432.140 and 432.142,
before a new certificate of birth is established. The new birth
certificate shall be prepared on the delayed birth certificate
form.
{ - (6) - } { + (7) + } When a new certificate of birth is
established by the state registrar, all copies of the original
certificate of birth in the custody of any other custodian of
vital records in this state shall be sealed from inspection or
forwarded to the state registrar as the state registrar shall
direct.
{ + (8) The state registrar, upon request, shall prepare and
register a certificate in this state for a person born in a
foreign country who is not a citizen of the United States and who
was adopted through a court of competent jurisdiction in this
state. The certificate shall be established upon receipt of a
report of adoption from the court decreeing the adoption, proof
of the date and place of the person's birth, and a request from
the court, the adopting parents or the adopted person, if 18
years of age or over, that such a certificate be prepared. The
certificate shall be labeled 'Certificate of Foreign Birth' and
shall show the actual country of birth. A statement shall also be
included on the certificate indicating that it is not evidence of
United States citizenship for the person for whom it is issued.
After registration of the birth certificate in the new name of
the adopted person, the state registrar shall seal the report of
adoption, which shall not be subject to inspection except upon
order of a court of competent jurisdiction. + }
SECTION 25. ORS 432.235 is amended to read:
432.235. (1) A certificate or report registered under this
chapter may be amended only in accordance with this chapter and
rules adopted { - pursuant thereto - } { + by the State
Registrar of the Center for Health Statistics + } to protect the
integrity and accuracy of vital records { + and vital
reports + }.
(2) A certificate or report that is amended under this section
shall { - be marked 'Amended,' - } { + indicate that it has
been amended, + } except as otherwise provided in { + ORS
432.230, + } this section { + or by rule of the state
registrar + }. { - The date of amendment and a summary
description of the evidence submitted in support of the amendment
shall be indorsed on or made a part of the record. - } { + A
record shall be maintained that identifies the evidence upon
which the amendment was based, the date of the amendment and the
identity of the person making the amendment. + } The state
registrar
{ - by rule - } shall prescribe { + by rule + } the
conditions under which additions or minor corrections may be made
to certificates or records within one year { - after the date
of the event without the certificate or record being marked
'Amended.' - } { + without the certificate or record indicating
that it has been amended. + }
{ - (3) Upon receipt of a voluntary acknowledgment of
paternity form signed by both parents of a child born out of
wedlock and properly witnessed, the state registrar shall amend
the certificate of birth to show such paternity if paternity is
not already shown on the certificate of birth. Such certificate
shall not be marked 'Amended.' - }
{ - (4) - } { + (3) + } Upon receipt of a certified copy of
an order of a court of competent jurisdiction changing the name
of a person born in this state and upon request of such person or
if the person is a minor or incompetent, the parents, guardian or
legal representative of the person, the state registrar shall
amend the certificate of birth to show the new name.
{ - (5) - } { + (4) + } Upon receipt of a certified copy of
an order of a court of competent jurisdiction indicating that the
sex of an individual born in this state has been changed by
surgical procedure and { - , if applicable, that - }
{ + whether + } such individual's name has been changed { - by
court order - } , the certificate of birth of such individual
shall be amended as prescribed by rule of the state registrar.
{ - (6) - } { + (5) + } When an applicant does not submit
the minimum documentation required by rule of the state registrar
for amending a vital record or when the state registrar has
{ - reasonable - } cause to question the validity or adequacy
of the applicant's sworn statements or the documentary evidence,
and if the deficiencies are not corrected, the state registrar
shall not amend the vital record and shall advise the applicant
of the reason for this action and shall further advise the
applicant of the right of appeal under ORS 183.480 and 183.484.
{ - (7) - } { + (6) + } When a certificate or report is
amended under this section { + by the state registrar + }, the
state registrar shall report the amendment to any other
{ - custodians - } { + custodian + } of the vital record and
{ - their - } { + the + } record { + of the other
custodian + } shall be amended accordingly.
{ + (7) When an amendment is made to a certificate of
marriage by the local official issuing the marriage license,
copies of the amendment shall be forwarded to the state
registrar.
(8)(a) When a party or legal representative proposes to set
aside or change any information recorded in a dissolution of
marriage decree filed pursuant to section 37 of this 1997 Act,
the party or legal representative seeking the amendment or set
aside order shall prepare a summary of the changes in the form
prescribed or furnished by the state registrar and shall present
the form to the clerk of the court along with the proposed
amended decree or set aside order. In all cases the completed
form shall be a prerequisite to the entry of the amended decree
or set aside order.
(b) The clerk of the court shall complete and forward to the
Center for Health Statistics the records of each such amended
decree or set aside order in the same manner prescribed by
section 37 of this 1997 Act. + }
SECTION 26. ORS 432.285 is amended to read:
432.285. Any health care facility as defined in ORS 442.015
shall make available to the biological parents of any child born
live, or expected to be born within the health care facility, a
voluntary acknowledgment of paternity form when the facility has
reason to believe that the mother of the child is unmarried. The
responsibility of the health care facility is limited to
providing the form and submitting the form { + with the birth
certificate + } to the
{ - local vital records - } { + State + } Registrar { + of
the Center for Health Statistics + }. The biological parents are
responsible for ensuring that the form is accurately completed.
This form shall be as prescribed by ORS 432.287.
SECTION 27. ORS 432.287 is amended to read:
432.287. (1) The Assistant Director for Health shall adopt by
rule the form of a voluntary acknowledgment of paternity. When
the form is signed by both biological parents and witnessed by a
third party, the form establishes paternity for all purposes as a
rebuttable presumption when filed with the State Registrar of
{ - Vital - } { + the Center for Health + } Statistics,
provided there is no male parent already named on the birth
certificate. When there is no other male named as father on the
child's birth certificate, the filing of such voluntary
acknowledgment of paternity form shall cause the state registrar
to place the name of the male parent who has signed the voluntary
acknowledgment of paternity form on the birth certificate of the
child or, if appropriate, issue a new birth certificate
containing the name of the child's male parent, as that parent is
named in the voluntary acknowledgment of paternity form. When
signed by both parents in the health care facility of the child's
birth within { - seven - } { + five + } days after the birth,
the voluntary acknowledgment of paternity form is not a sworn
document. When thus signed, a staff member of the health care
facility shall witness the signatures of the parents. In all
other circumstances, the form is a sworn document. The filing of
the voluntary acknowledgment of paternity form created by this
section is subject to the payment of any fees that may apply.
(2) The voluntary acknowledgment of paternity form must
contain:
(a) A statement of rights and responsibilities;
(b) Instructions on how to file the form with the state
registrar and information about any fee required; and
(c) Lines for the social security numbers and addresses of the
parents.
(3) Upon request, the state registrar shall provide a copy of
any voluntary acknowledgment of paternity form to the state
agency responsible for administration of the child support
enforcement program created under Title IV-D of the Social
Security Act. The duty imposed upon the state registrar by this
section is limited to birth certificates executed and filed with
the state registrar after October 1, 1995.
SECTION 28. ORS 432.300 is amended to read:
432.300. (1) A person is dead if the person has sustained
either:
(a) Irreversible cessation of circulatory and respiratory
functions; or
(b) Irreversible cessation of all functions of the entire
brain, including the brain stem.
(2) A determination of whether the conditions described in
subsection (1)(a) or (b) of this section have occurred must be
made in accordance with accepted medical standards.
{ - (3) This section shall be applied and construed to
effectuate its general purpose to make uniform the law with
respect to the subject of this section among states enacting
it. - }
{ + (3) For purposes of this section as it relates to fetal
death, heartbeats shall be distinguished from transient cardiac
contractions and breathing shall be distinguished from fleeting
respiratory efforts or gasps. + }
(4) This section may be cited as the Uniform Determination of
Death Act.
SECTION 29. ORS 432.307 is amended to read:
432.307. (1) A certificate of death for each death
{ - which - } { + that + } occurs in this state shall be filed
with the { - district - } { + county + } registrar of the
{ - district - } { + county + } in which { + the + } death
occurred or with the { - Vital Statistics Unit - } { + Center
for Health Statistics + }, or as otherwise directed by the State
Registrar { + of the Center for Health Statistics + }, within
five days after death { + or the finding of a dead body + } and
prior to final disposition, and shall be registered if it has
been completed and filed in accordance with this section.
(a) If the place of death is unknown, but the dead body is
found in this state, { - a - } { + the + } certificate of
death shall be completed and filed in accordance with this
section. The place where the body is found shall be shown as the
place of death. If the date of death is unknown, it shall be
determined by approximation. { + If the date cannot be
determined by approximation, the date the dead body is found
shall be entered and identified as the date of death. + }
(b) When death occurs in a moving conveyance:
(A) In the United States and the body is first removed from the
conveyance in this state, the death shall be registered in this
state and the place where it is first removed shall be considered
the place of death.
(B) While in international waters or air space or in a foreign
country or its air space and the body is first removed from the
conveyance in this state, the death shall be registered in this
state but the certificate shall show the actual place of death
insofar as can be determined.
{ + (c) In all other cases, the place where death is
pronounced shall be considered the place where death
occurred. + }
(2) The funeral service practitioner or person acting as such
who first assumes custody of the dead body shall file the
{ - death - } certificate { + of death + }. The funeral service
practitioner or person acting as such shall obtain the personal
data from the next of kin or the best qualified person or source
available and shall obtain the medical certification from the
person responsible therefor. { + The funeral service
practitioner or person acting as such shall provide the
certificate of death containing information as specified by rule
to identify the decedent to the certifier within 48 hours after
death. + }
(3) { - The medical certification of the death shall be
completed, signed and returned to - } { + The physician in
charge of the care of the patient for the illness or condition
that resulted in death shall complete, sign and return the
medical certification of death to + } the funeral service
practitioner { + or person acting as such + } within 48 hours
after { - death - } { + receipt of the certificate of
death + } by the physician { + , + } { - in charge of the
patient's care for the illness or condition which resulted in
death, - } except when inquiry is required by ORS chapter 146.
In the absence { + or inability + } of { - a - } { + the + }
physician or with the approval of the physician, the
{ - certificate shall - } { + medical certification of death
may + } be completed { - and signed - } by an associate
physician, the chief medical officer of the institution in which
death occurred or the physician who performed an autopsy upon the
decedent, { - if such - } { + provided that the + } individual
has access to the medical history of the case { - , views the
deceased at or after death - } and death is due to natural
causes. { + The person completing the medical certification of
death shall attest to its accuracy either by signature or by an
approved electronic process. + }
(4) When inquiry is required by ORS chapter 146, the medical
examiner shall determine the cause of death and shall complete
and sign the medical certification { + of death + } within 48
hours after taking charge of the case.
(5) If the cause of death cannot be determined within { - 48
hours after death - } { + the time prescribed + }, the medical
certification { + of death + } shall be completed as provided
by rule of the state registrar. The attending physician or
medical examiner shall give the funeral service practitioner or
person acting as such notice of the reason for the delay and
final disposition of the body shall not be made until authorized
by the attending physician or medical examiner.
{ + (6) Upon receipt of autopsy results or other information
that would change the information in the 'Cause of Death' section
of the certificate of death from that originally reported, the
certifier shall immediately file a supplemental report of cause
of death with the Center for Health Statistics to amend the
certificate. + }
{ - (6) - } { + (7) + } When a death is presumed to have
occurred within this state but the body cannot be located, a
{ - death - } certificate { + of death + } may be registered
by the state registrar { + only + } upon receipt from the State
Medical Examiner. Such a death certificate shall be marked
'Presumptive' and shall show on its face the date of
registration.
{ - (7) - } { + (8) + } When a death occurring in this
state has not been registered within the time period prescribed
by this section, a certificate of death may be filed in
accordance with rules of the state registrar. The certificate
shall be registered subject to evidentiary requirements as the
state registrar by rule shall prescribe to substantiate the
alleged facts of death.
{ - (8) - } { + (9) + } A certificate of death registered
one { - month - } { + year + } or more after the date of
death { + or the date the dead body was found + } shall be
marked 'Delayed' and shall show on its face the date of the
delayed registration.
{ + (10) When an applicant does not submit the minimum
documentation required by rule of the state registrar for delayed
registration or when the state registrar has cause to question
the validity or adequacy of the applicant's sworn statement or
the documentary evidence and if the deficiencies are not
corrected, the state registrar shall not register the delayed
certificate of death and shall advise the applicant of the right
of appeal under ORS 183.480 to 183.484. + }
{ - (9) The state registrar who accepts the final filing of
the death certificate shall collect a fee of $5 to be deposited
to the credit of the Health Division Account to be used in the
same manner as funds credited to the account under ORS
692.375. - }
SECTION 30. ORS 432.312 is amended to read:
432.312. (1) The Health Division shall impose and collect a
filing fee of { - $2 - } { + $7 + } for each { - death - }
certificate { + of death + } { - for the purpose of providing
funds for the disposition of unclaimed deceased persons whose
assets are insufficient to do so, and for whom no one takes
responsibility. - } { + to be deposited to the credit of the
Health Division Account. Of the fee, $2 shall be used to carry
out the purposes of ORS 97.170 (5) and $5 shall be used in the
same manner as funds credited to the account under ORS
692.375. + }
{ - (2) The fees collected under subsection (1) of this
section shall be deposited monthly in the Health Division
Account. The amount so deposited is continuously appropriated to
carry out the purposes of ORS 97.170 (5) and subsection (3) of
this section. - }
{ - (3) - } { + (2) + } The expenditures under ORS 97.170
(5) { + and 692.375 + } shall not exceed the funds collected
under subsection (1) of this section, and in no event shall
expenditure on the administration of the { - fund - }
{ + funds + } exceed five percent of the moneys collected.
SECTION 31. ORS 432.317 is amended to read:
432.317. (1) The funeral service practitioner or person acting
as { - a funeral service practitioner - } { + such + } who
first assumes possession of a dead body or fetus shall make a
written report to the { + county + } registrar { - of the
district - } { + in the county + } in which death occurred or
in which the body { + or fetus + } was found within 24 hours
after taking possession of the body or fetus. The report shall be
on a form prescribed and furnished by the State Registrar { +
of the Center for Health Statistics + } and in accordance with
rules adopted by the { + Health + } Division.
(2) Prior to final disposition of the body, the funeral service
practitioner or person acting as { - funeral service
practitioner - } { + such + } who first assumes custody of a
dead body shall { + , prior to final disposition of the body, + }
obtain written authorization for final disposition of the body
from the physician or medical examiner who certifies the cause of
death as provided in ORS 432.307 (3) on a form prescribed and
furnished by the state registrar. If such practitioner or person
is unable to obtain such written authorization prior to final
disposition of the body, the practitioner or person, with the
oral consent of the physician, the medical examiner or a licensed
health professional authorized to give such consent on behalf of
the physician or medical examiner who is responsible for
certifying the cause of death, may authorize final disposition of
the body on a form prescribed and furnished by the state
registrar.
(3) Prior to final disposition of a { - dead - } fetus,
irrespective of the duration of pregnancy, the funeral service
practitioner, the person in charge of the institution or other
person assuming responsibility for final disposition of the fetus
shall authorize final disposition of the { - dead - } fetus on
a form prescribed and furnished or approved by the state
registrar.
(4) With the consent of the physician or medical examiner who
is to certify the cause of death, a dead body may be moved from
the place of death for the purpose of being prepared for final
disposition.
(5) An authorization for final disposition issued under the
laws of another state which accompanies a dead body or fetus
brought into this state shall be authority for final disposition
of the body or fetus in this state.
(6) No sexton or other person in charge of any place in which
interment or other disposition of dead bodies is made shall inter
or allow interment or other disposition of a dead body or fetus
unless it is accompanied by authorization for final disposition.
(7) Each person in charge of any place for final disposition
shall include in the authorization the date of disposition and
shall { - sign - } { + complete + } and return all
authorizations to the { - state - } { + county + } registrar
within 10 days after the date of the disposition. When there is
no person in charge of the place for final disposition, a
responsible party other than the funeral service practitioner or
person acting as such shall { - also indorse the authorization
and shall - } { + complete and + } return the authorization to
the { - state - } { + county + } registrar within 10 days
after the date of disposition.
(8) Authorization for disinterment and reinterment shall be
required prior to disinterment of a dead body or fetus. The
authorization shall be issued by the state registrar to a
licensed funeral service practitioner or person acting as such,
upon proper application.
SECTION 32. ORS 432.327 is amended to read:
432.327. Upon such conditions as the State Registrar { + of
the Center for Health Statistics + } may prescribe to
{ - assure - } { + ensure + } compliance with the purposes of
this chapter, by rule the state registrar may { - , - } provide
for the extension, not to exceed 60 days, of the periods
prescribed in ORS 432.307 and 432.317 for the filing of
{ + certificates of + } death and fetal death
{ - certificates - } { + reports + }, medical certifications
{ - of cause - } of death, and for the obtaining of permits for
disposition of human remains in cases where compliance with the
applicable prescribed period would result in undue hardship.
SECTION 33. ORS 432.333 is amended to read:
432.333. (1) Each { - spontaneous - } fetal death of
{ + 350 grams or more, or, if weight is unknown, of + } 20
completed weeks gestation or more, calculated from the date last
normal menstrual period began to the date of delivery,
{ - which - } { + that + } occurs in this state shall be
reported within five days after delivery to the { - Vital
Statistics Unit - } { + county registrar of the county in which
the fetal death occurred or to the Center for Health
Statistics + } or as otherwise directed by the State
Registrar { + of the Center for Health Statistics + }. All
induced terminations of pregnancy shall be reported in the manner
prescribed in ORS 435.496 and shall not be reported as
{ - spontaneous - } fetal deaths { + . + } { - : - }
{ - (a) - } { + (2) + } When a { - dead - } fetus is
delivered in an institution, the person in charge of the
institution or a designated representative { - of the person in
charge - } shall prepare and file the report.
{ - (b) - } { + (3) + } When a { - dead - } fetus is
delivered outside an institution, the physician in attendance at
or immediately after delivery shall prepare and file the report.
{ - (c) - } { + (4) + } When a { - spontaneous - } fetal
death required to be reported by this section occurs without
{ - medical - } attendance { + by a physician + } at or
immediately after the delivery or when inquiry is required by ORS
146.003 to 146.165 and 146.710 to 146.992, the medical examiner
shall investigate the cause of fetal death and shall prepare and
file the report.
{ - (d) - } { + (5) + } When a { - spontaneous - } fetal
death occurs in a moving conveyance and the fetus is first
removed from the conveyance in this state or when a
{ - dead - } fetus is found in this state and the place of
fetal death is unknown, the fetal death shall be reported in this
state. The place where the fetus was first removed from the
conveyance or the { - dead - } fetus was found shall be
considered the place of fetal death.
{ - (2) - } { + (6) + } { - Statistical - } { + All + }
information regarding the father shall be entered on the
{ - spontaneous - } fetal death report if the father is
{ - identifiable as provided in ORS 432.205 - } { +
identified + }.
SECTION 34. ORS 432.337 is amended to read:
432.337. The reports required under ORS { - 432.333 and - }
435.496 are statistical reports to be used only for medical and
health purposes and shall not be incorporated into the permanent
official records of the system of vital statistics. A schedule
for the disposition of these reports may be provided by rule of
the State Registrar { + of the Center for Health Statistics + }.
SECTION 35. ORS 432.405 is amended to read:
432.405. (1) A record of each marriage performed in this state
shall be filed with the { - Vital Statistics Unit - }
{ + Center for Health Statistics + } and shall be registered if
it has been completed and filed in accordance with this
section { + and rules adopted by the State Registrar of the
Center for Health Statistics + }.
(2) The county clerk { + or county official + } who issues the
marriage license shall prepare the record { - on - }
{ + in + } the form prescribed { - and - } { + or + }
furnished by the state registrar upon the basis of information
obtained from the parties to be married.
(3) Each person who performs a marriage ceremony shall certify
the fact of marriage and return the record to the official who
issued the license within 10 days after the ceremony.
(4) Every official issuing marriage licenses shall complete and
forward to the { - Vital Statistics Unit - } { + Center for
Health Statistics + } on or before the 10th day of each calendar
month the records of marriages returned to such official during
the preceding calendar month.
(5) A marriage record not filed within the time prescribed by
this section may be registered in accordance with rules
{ - of - } { + adopted by + } the state registrar.
{ - (6) A record of each dissolution of marriage or annulment
granted by any court in this state shall be filed by the clerk of
court with the Vital Statistics Unit and shall be registered if
it has been completed and filed in accordance with this section.
The record shall be prepared by the petitioner or a legal
representative of the petitioner on a form prescribed and
furnished by the state registrar and shall be presented to the
clerk of the court with the petition. In all cases the completed
record shall be prerequisite to the granting of the final
decree. - }
{ - (7) The clerk of the court shall complete and forward to
the Vital Statistics Unit on or before the 10th day of each
calendar month the records of each dissolution of marriage or
annulment decree granted during the preceding calendar month. - }
SECTION 36. { + Section 37 of this Act is added to and made a
part of ORS chapter 432. + }
SECTION 37. { + (1) A record of each dissolution of marriage
decree by any court in this state shall be filed by the clerk of
the court with the Center for Health Statistics and shall be
registered if it has been completed and filed in accordance with
this section. The record shall be prepared by the petitioner or a
legal representative of the petitioner in the form prescribed or
furnished by the State Registrar of the Center for Health
Statistics and shall be presented to the clerk of the court with
the petition. In all cases the completed record shall be
prerequisite to the entry of the decree.
(2) The clerk of the court shall complete and forward to the
Center for Health Statistics on or before the 10th day of each
calendar month the records of each dissolution of marriage decree
granted during the preceding calendar month.
(3) A dissolution of marriage record not filed within the time
prescribed by subsection (2) of this section may be registered in
accordance with rules adopted by the state registrar. + }
SECTION 38. ORS 432.415 is amended to read:
432.415. (1) For each adoption decreed by a court of competent
jurisdiction in this state, the court shall require the
preparation of a report of adoption on a form prescribed and
furnished by the State Registrar { + of the Center for Health
Statistics + }. The report shall { + :
(a) + } Include such facts as are necessary to locate and
identify the certificate of birth of the person adopted { + or,
in the case of a person who was born in a foreign country,
evidence from sources determined to be reliable by the court as
to the date and place of birth of the person; + } { - ,
shall - }
{ + (b) + } Provide information necessary to establish a new
certificate of birth of the person adopted { + ; + } { - , - }
and
{ + (c) + } { - shall - } Identify the order of adoption
and be certified by the clerk of the court.
(2) Information necessary to prepare the report of adoption
shall be furnished by each petitioner for adoption or the
attorney of the petitioner. The Children's Services Division or
any person having knowledge of the facts shall supply the court
with such additional information as may be necessary to complete
the report { + of adoption + }. The provision of such
information shall be prerequisite to the issuance of a final
decree in the matter by the court.
(3) Whenever an adoption decree is amended or annulled, the
clerk of the court shall prepare a report thereof, which shall
include such facts as are necessary to identify the original
adoption report and the facts amended in the adoption decree as
shall be necessary to properly amend the birth record.
(4) Not later than the 10th day of each calendar month or more
frequently, as directed by the state registrar, the clerk of the
court shall forward to the state registrar reports of
{ - decrees of - } adoption, { + reports of + } annulment of
adoption and amendments of decrees of adoption { - which - }
{ + that + } were entered in the preceding month, together with
such related reports as the state registrar shall require.
(5) When the state registrar receives a report of adoption,
{ + report of + } annulment of adoption or amendment of a
decree of adoption for a person born outside this state, the
state registrar shall forward such report to the state registrar
in the state of birth.
{ + (6) If the birth occurred in a foreign country, except
Canada, and the person is not a citizen of the United States at
the time of birth, the state registrar shall prepare a
certificate of foreign birth as provided by ORS 432.230. If the
person was born in Canada, the state registrar shall forward the
report of adoption, report of annulment of adoption or amendment
of a decree of adoption to the appropriate registration authority
in Canada.
(7) If the person was born in a foreign country but was a
citizen of the United States at the time of birth, the state
registrar shall not prepare a certificate of foreign birth and
shall notify the adoptive parents of the procedures for obtaining
a revised birth certificate for the person through the United
States Department of State. + }
SECTION 39. ORS 432.420 is amended to read:
432.420. The documents sealed under ORS 432.415 may be opened
by the State Registrar { + of the Center for Health
Statistics + } only upon an order of { - a - } { + an
Oregon + } court of competent jurisdiction or when requested by
an agency operating a voluntary adoption registry as defined in
ORS 109.425 for the purpose of facilitating the identification of
persons registering under the provisions of ORS 109.425 and
109.435 to 109.507.
SECTION 40. ORS 432.430 is amended to read:
432.430. (1) A person who assumes the custody of a { - live
born infant - } { + child + } of unknown parentage shall report
{ + on a form and in a manner prescribed by the State Registrar
of the Center for Health Statistics, + } within { - seven - }
{ + five + } days of assuming custody, { - on a form and in a
manner prescribed by the state registrar, to the local registrar
of the registration district in which such custody is assumed - }
{ + to the state registrar + } { - , - } the following
information:
(a) { - Date of finding or assumption of custody - } { +
The date and the city or county, or both, where the child was
found + }.
{ - (b) Place of finding or assumption of custody. - }
{ - (c) - } { + (b) + } Sex { + and approximate birth date
of child + }.
{ - (d) Color or race. - }
{ - (e) Approximate birth date of child. - }
{ - (f) - } { + (c) + } Name and address of the person or
institution with whom the child has been placed for care.
{ - (g) - } { + (d) + } Name given to the child by the
custodian of the child.
{ - (h) - } { + (e) + } Other data required by the state
registrar.
(2) The place where the child was found shall be entered as the
place of birth.
(3) The report registered under this section shall constitute
the certificate of birth for the child.
(4) If the child is identified and a certificate of birth is
found or obtained, the report registered under this section shall
{ + be placed in a sealed file and shall + } not be subject to
inspection except upon order of a court of competent jurisdiction
or as provided by rule of the state registrar.
SECTION 41. { + Sections 42 to 44 of this Act are added to and
made a part of ORS chapter 432. + }
SECTION 42. { + (1) A person commits the crime of unlawful use
of a vital record or vital report if the person willfully and
knowingly:
(a) Makes any false statement in a certificate, record or
report required by this chapter or in an application for an
amendment thereof, or in an application for a certified copy of a
vital record or vital report, or supplies false information
intending that the information be used in the preparation of any
certificate, record or report, or amendment thereto;
(b) Without lawful authority and with intent to deceive, makes,
counterfeits, alters, amends or mutilates any certificate, record
or report required by this chapter or a certified copy of a
certificate, record or report;
(c) Obtains, possesses, uses, sells, furnishes or attempts to
obtain, possess, use, sell or furnish to another, for any purpose
of deception, any certificate, record or report required by this
chapter or certified copy thereof so made, counterfeited,
altered, amended or mutilated, or that is false in whole or in
part or that relates to the birth of another person, whether
living or deceased;
(d) Without lawful authority, possesses any certificate, record
or report required by this chapter or a copy or certified copy of
a certificate, record or report that has been stolen or otherwise
unlawfully obtained; or
(e) As an employee of the Center for Health Statistics or of
any office established pursuant to ORS 432.035, furnishes or
processes a certificate of birth, knowing that the certificate or
copy is to be used for the purposes of deception.
(2) Unlawful use of a vital record or vital report is a Class C
felony. + }
SECTION 43. { + (1) A person commits the crime of obstructing
the keeping of vital records or vital reports if the person
knowingly and willfully:
(a) Refuses to provide information required by this chapter or
rules adopted thereunder;
(b) Transports or accepts for transportation, interment or
other disposition a dead body without an accompanying permit as
provided in this chapter; or
(c) Fails to perform in a timely manner any of the provisions
of this chapter.
(2) The provisions of subsection (1)(c) of this section do not
apply to the officers or employees of the courts of this state
acting in an official capacity.
(3) Obstructing the keeping of vital records or vital reports
is a Class A misdemeanor. + }
SECTION 44. { + The provisions of this chapter regarding the
copying, inspection, disclosure or furnishing of vital records
and vital reports also apply to all certificates or reports of
birth, death, marriage, dissolution of marriage, fetal death,
induced termination of pregnancy and suicide attempt by a person
under 18 years of age received prior to the effective date of
this 1997 Act by the Vital Statistics Unit or in the custody of
any other custodian of vital records. + }
SECTION 45. ORS 109.400 is amended to read:
109.400. (1) When a petition for adoption is filed with a
court, the petitioner or the attorney thereof shall file with the
petition an adoption report form as provided in ORS 432.415.
(2) Notwithstanding ORS 7.211, if the court enters a decree of
adoption, the clerk of the court shall review the personal
particulars filled in on the form, shall fill in the remaining
blanks on the form, shall certify the form and mail it to the
State Registrar { + of the Center for Health Statistics + } as
the adoption report as required under ORS 432.415.
SECTION 46. { + (1) For the purpose of harmonizing and
clarifying statute sections published in Oregon Revised Statutes,
the Legislative Counsel may substitute for words designating the
Vital Statistics Unit, wherever they occur in Oregon Revised
Statutes, other words designating the Center for Health
Statistics. + }
{ + (2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the State Registrar
of Vital Statistics, wherever they occur in Oregon Revised
Statutes, other words designating the State Registrar of the
Center for Health Statistics. + }
SECTION 47. { + ORS 432.045, 432.050, 432.175, 432.215 and
432.990 are repealed. + }
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