Chapter 254 Oregon Laws 1999

Session Law

AN ACT

HB 2172

Relating to access to vital statistics; creating new provisions; and amending ORS 432.005, 432.121, 432.206 and 432.420.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 432.121 is amended to read:

432.121. (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] from vital records or [in] vital reports in the custody of the State Registrar of the Center for Health Statistics, county registrar or local registrar 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 subject of the record; spouse, child, parent, sibling or legal guardian of the [registrant] subject of the record[,]; an authorized representative of the subject of the record, spouse, child, parent, sibling or legal guardian of the [registrant or] subject of the record; and, in the case of death, marriage or divorce records, to other next of kin.

(b) When a person demonstrates that a death, marriage or divorce 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] divorce.

(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 prohibit a health care provider from disclosing information contained in the provider's records as otherwise allowed by law.

(6) 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] divorce, 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.

(7) 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] safeguard the document against alteration, counterfeiting, duplication or simulation without ready detection.

(8) 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.

(9) 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.

(10) 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.

(11) The state registrar shall adopt rules to implement this section in accordance with the applicable sections of ORS 183.310 to 183.550.

(12) Indexes of deaths, marriages or divorces that list names, dates of events, county of events or certificate numbers may be disclosed.

SECTION 2. ORS 432.206 is amended to read:

432.206. (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 within [72 hours] five days after the birth 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;

(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) If the mother is not married at the time of birth, the name of the father shall not be entered on the certificate unless:

(a) The mother was married to and cohabiting with her husband at the time of conception, in which case the husband's name shall be entered on the certificate, provided that the husband was not impotent or sterile; or

(b) Both the father and mother have signed a voluntary acknowledgment of paternity form that has been executed in accordance with ORS 432.287 and filed with the registrar.

(6) In any case in which paternity of a child is determined by a court of competent jurisdiction, 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.

(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 3. ORS 432.420 is amended to read:

432.420. The documents forwarded to the State Registrar of the Center for Health Statistics or sealed under ORS [432.415] 432.230 may be opened by the state registrar [of the Center for Health Statistics] only upon an order of 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 4. 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 occurred.

(3) "Division" means the Health Division of the Department of Human Resources.

(4) "Divorce" means dissolution of a marriage.

[(4)] (5) "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. 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)] (6) "File" means the presentation and acceptance of a vital record or vital report provided for in this chapter by the Center for Health Statistics.

[(6)] (7) "Final disposition" means the burial, interment, cremation, removal from the state or other authorized disposition of a dead body or fetus.

[(7)] (8) "Induced termination of pregnancy" means the purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant and that does not result in a live birth.

[(8)] (9) "Institution" means any establishment, public or private, 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)] (10) "Live birth" means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, 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)] (11) "Physician" means a person authorized or licensed under the laws of this state to practice medicine, osteopathy, chiropractic or naturopathic medicine.

[(11)] (12) "Registration" means the process by which vital records and vital reports are completed, filed and incorporated into the official records of the Center for Health Statistics.

[(12)] (13) "State registrar" means the State Registrar of the Center for Health Statistics.

[(13)] (14) "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.

[(14)] (15) "Vital records" means certificates or reports of birth, death, marriage, dissolution of marriage and data related thereto.

[(15)] (16) "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.

[(16)] (17) "Vital statistics" means the data derived from certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, dissolution of marriage, suicide attempts by persons under 18 years of age and related reports.

SECTION 5. Sections 6 and 7 of this 1999 Act are added to and made a part of ORS chapter 432.

SECTION 6. Notwithstanding any other provision of law, all marriage records and all divorce records in the custody of a county clerk or county recording officer and all divorce records in the custody of the state courts are open and subject to full disclosure.

SECTION 7. Notwithstanding any other provision of law, all death records filed in conjunction with owning or having a claim or interest in land in the county that are in the custody of a county clerk or county recording officer are open and subject to full disclosure.

Approved by the Governor June 13, 1999

Filed in the office of Secretary of State June 14, 1999

Effective date October 23, 1999

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