US Laws, Codes, Statutes & Cases

Chapter 432 — Vital Statistics

 

2007 EDITION

 

VITAL STATISTICS

 

PUBLIC HEALTH AND SAFETY

 

VITAL AND PUBLIC HEALTH STATISTICS SYSTEM; STATE, COUNTY AND LOCAL REGISTRARS

 

432.005     Definitions

 

432.010     Center for Health Statistics; standards

 

432.015     Rules

 

432.020     State registrar; appointment

 

432.025     Assistant state registrars

 

432.030     Duties of state registrar

 

432.035     County registrars

 

432.040     Duties of county and local registrars

 

432.060     Confidentiality and inadmissibility of information obtained in connection with epidemiologic morbidity and mortality studies; exceptions; nonliability of informants

 

432.075     Duty to furnish information to state registrar; immunity

 

432.080     Copy of vital records furnished without charge for use in proceeding on war veteran’s benefits

 

432.085     Sale of birth and death certificate copies; rules

 

432.090     Issuance of additional birth certificate; fee; form; distribution of funds received

 

432.095     Application of chapter provisions

 

GENERAL PROVISIONS ON CERTIFICATION AND RECORDS; FEES

 

432.105     Procedure for transmitting and filing certificates

 

432.115     Form of records and reports; status; disposition; rules

 

432.119     Abstracts of birth and death certificates as public records; limitations

 

432.121     Disclosure and certification of records and reports; rules

 

432.122     Verification of birth certificate and death records; rules

 

432.124     Disclosure of death records filed in conjunction with claims or interests in land

 

432.130     Compelling access to records

 

432.140     Application for delayed certificates

 

432.142     Procedure when application for delayed certificate denied

 

432.146     Fees

 

432.165     Death records

 

432.180     Certified copies of vital records or vital reports; evidentiary value; fraud or misrepresentation

 

RECORDS OF BIRTHS; CERTIFICATION OF UNRECORDED BIRTHS; VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

 

432.206     Compulsory registration of births; rules; persons required to file

 

432.230     When new certificate issued; contents; amendment upon adoption; delayed certificate

 

432.235     Amendment of vital record or vital report; rules

 

432.240     Issuance of certified copy of certificate of birth to adopted persons; Contact Preference Form

 

432.266     Commemorative Certificate of Stillbirth; rules

 

432.285     Availability of voluntary acknowledgment of paternity form; responsibility of health care facility and parents

 

432.287     Voluntary acknowledgment of paternity form; rules; filing; when form is sworn document; copy to child support agency

 

432.289     Full faith and credit

 

DETERMINATION OF DEATH

 

432.300     Determination of death

 

DEATH CERTIFICATES; BURIAL PERMITS

 

432.307     Compulsory filing of death certificates; persons required to file

 

432.312     Death certificate fee; use; limitation

 

432.317     Report upon receipt of body or fetus; authorization for final disposition; rules

 

432.327     Authority to grant extensions on certificates, reports and permits; rules

 

432.333     Reports on fetal deaths

 

432.337     Status of reports under ORS 435.496; rules

 

RECORDS OF MARRIAGES, DIVORCES, ADOPTIONS, ANNULMENTS AND CERTAIN BIRTHS

 

432.405     Filing of marriage record; rules

 

432.408     Record of dissolution of marriage judgment; rules

 

432.412     Marriage and divorce records subject to full disclosure; exemption

 

432.415     Reports on adoptions

 

432.420     Access to adoption records

 

432.430     Duty to report on child of unknown parentage; rules

 

CANCER AND TUMOR REGISTRY SYSTEM

 

432.500     Definitions

 

432.510     Cancer and tumor registry system; purpose; rulemaking; duties of Department of Human Services

 

432.520     Reporting requirement; review of records; special studies

 

432.530     Confidentiality of information

 

432.540     Use of confidential data; rules

 

432.550     Action for damages; license; disciplinary action prohibited for good faith participation in reporting of data

 

432.570     No requirement or prohibition regarding operation of separate cancer and tumor registry

 

PENALTIES

 

432.900     Civil penalty

 

432.993     Unlawful use of vital record or vital report; criminal penalty

 

432.995     Obstructing the keeping of vital records or vital reports; criminal penalty

 

VITAL AND PUBLIC HEALTH STATISTICS SYSTEM; STATE, COUNTY AND LOCAL REGISTRARS

 

      432.005 Definitions. As used in this chapter, unless the context requires otherwise:

      (1) “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.

      (2) “Department” means the Department of Human Services.

      (3) “Director” means the Director of Human Services.

      (4) “Divorce” means dissolution of a marriage.

      (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.

      (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.

      (7) “Final disposition” means the burial, interment, cremation, removal from the state or other authorized disposition of a dead body or fetus, except that when removal from the state is conducted by the holder of a certificate of removal registration issued under ORS 692.270, the final disposition may not be considered complete until the certificate of death is filed.

      (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.

      (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.

      (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.

      (11) “Person acting as a funeral service practitioner” means:

      (a) A person other than a funeral service practitioner licensed under ORS 692.045, including but not limited to a relative, friend or other interested party, who performs the duties of a funeral service practitioner without payment; or

      (b) A funeral service practitioner who files death certificates in another state if the funeral service practitioner is employed by a funeral establishment licensed in another state and registered with the State Mortuary and Cemetery Board under ORS 692.270.

      (12) “Physician” means a person authorized or licensed under the laws of this state to practice medicine, osteopathy, chiropractic or naturopathic medicine.

      (13) “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.

      (14) “State registrar” means the State Registrar of the Center for Health Statistics.

      (15) “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) “Vital records” means certificates or reports of birth, death, marriage, dissolution of marriage and data related thereto.

      (17) “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.

      (18) “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. [Subsections (1) and (2) enacted as 1973 c.829 §15; 1983 c.709 §1; 1997 c.783 §1; 1999 c.254 §4; 1999 c.724 §7; 2001 c.900 §154]

 

      Note: The amendments to 432.005 by section 16, chapter 99, Oregon Laws 2007, are the subject of a referendum petition that may be filed with the Secretary of State not later than September 26, 2007. If the referendum petition is filed with the required number of signatures of electors, chapter 99, Oregon Laws 2007, will be submitted to the people for their approval or rejection at the regular general election held on November 4, 2008. If approved by the people at the general election, chapter 99, Oregon Laws 2007, takes effect December 4, 2008. If the referendum petition is not filed with the Secretary of State or does not contain the required number of signatures of electors, the amendments to 432.005 by section 16, chapter 99, Oregon Laws 2007, take effect January 1, 2008. 432.005, as amended by section 16, chapter 99, Oregon Laws 2007, is set forth for the user’s convenience.

      432.005. As used in this chapter, unless the context requires otherwise:

      (1) “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.

      (2) “Department” means the Department of Human Services.

      (3) “Director” means the Director of Human Services.

      (4) “Divorce” means dissolution of a marriage.

      (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.

      (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.

      (7) “Final disposition” means the burial, interment, cremation, removal from the state or other authorized disposition of a dead body or fetus, except that when removal from the state is conducted by the holder of a certificate of removal registration issued under ORS 692.270, the final disposition may not be considered complete until the certificate of death is filed.

      (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.

      (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.

      (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.

      (11) “Person acting as a funeral service practitioner” means:

      (a) A person other than a funeral service practitioner licensed under ORS 692.045, including but not limited to a relative, friend or other interested party, who performs the duties of a funeral service practitioner without payment; or

      (b) A funeral service practitioner who files death certificates in another state if the funeral service practitioner is employed by a funeral establishment licensed in another state and registered with the State Mortuary and Cemetery Board under ORS 692.270.

      (12) “Physician” means a person authorized or licensed under the laws of this state to practice medicine, osteopathy, chiropractic or naturopathic medicine.

      (13) “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.

      (14) “State registrar” means the State Registrar of the Center for Health Statistics.

      (15) “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) “Vital records” means certificates or reports of birth, death, marriage, declaration of domestic partnership, dissolution of marriage or domestic partnership and data related thereto.

      (17) “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.

      (18) “Vital statistics” means the data derived from certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, declaration of domestic partnership, dissolution of marriage, dissolution of domestic partnership, suicide attempts by persons under 18 years of age and related reports.

 

      432.010 Center for Health Statistics; standards. (1) The Department of Human Services shall establish 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 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 of filing.

      (5) Information required in certificates, forms, records or reports authorized by this chapter may be filed, verified, registered and stored by photographic, electronic or other means as prescribed by the state registrar. [Amended by 1983 c.709 §2; 1993 c.324 §2; 1997 c.783 §2]

 

      432.015 Rules. The State Registrar of the Center for Health Statistics, under the supervision of the Director of Human Services, in compliance with ORS chapter 183, 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. [Amended by 1961 c.191 §4; 1983 c.709 §3; 1997 c.783 §3]

 

      432.020 State registrar; appointment. The Director of Human Services shall appoint the State Registrar of the Center for Health Statistics who shall qualify in accordance with standards of education and experience as the director shall determine. [Amended by 1973 c.829 §34; 1983 c.709 §26]

 

      432.025 Assistant state registrars. The State Registrar of the Center for Health Statistics, with the approval of the Director of Human Services, may appoint, when necessary, assistant state registrars who shall be assistants to the state registrar. [Amended by 1983 c.709 §27]

 

      432.030 Duties of state registrar. (1) The State Registrar of the Center for Health Statistics shall:

      (a) Under the supervision of the Director of Human Services, have charge of the 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.

      (e) Conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the system of vital statistics.

      (f) 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.

      (g) Prepare and publish reports of vital statistics of this state and such other reports as may be required by the Department of Human Services.

      (h) 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.

      (2) The state registrar may delegate such functions and duties vested in the state registrar to employees of the Center for Health Statistics and to employees of any office established or designated under ORS 432.035. [Amended by 1975 c.605 §22; 1983 c.709 §4; 1997 c.783 §4]

 

      432.035 County registrars. The State Registrar of the Center for Health Statistics shall designate for each county a county registrar. In consultation with the state registrar, 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. [Amended by 1983 c.709 §5; 1985 c.207 §3; 1997 c.783 §5]

 

      432.040 Duties of county and local registrars. The county and local registrars and their deputies shall:

      (1) Comply with all instructions of the State Registrar of the Center for Health Statistics.

      (2) Check upon the compliance by others with the provisions of this chapter and with the rules of the state registrar.

      (3) Make an immediate report to the state registrar of any violation of this chapter or of the rules of the state registrar coming to their notice by observation or upon complaint of any person, or otherwise. [Amended by 1983 c.709 §28]

 

      432.045 [Amended by 1971 c.16 §1; 1983 c.709 §29; repealed by 1997 c.783 §48]

 

      432.050 [Amended by 1983 c.709 §30; repealed by 1997 c.783 §48]

 

      432.055 [Repealed by 1973 c.829 §71]

 

      432.060 Confidentiality and inadmissibility of information obtained in connection with epidemiologic morbidity and mortality studies; exceptions; nonliability of informants. (1)(a) All information procured by or furnished to the Department of Human Services, any federal public health agency or any nonprofit health agency that is exempt from taxation under the laws of this state or procured by any agency, organization or person acting jointly with or at the request of the department, in connection with special epidemiologic morbidity and mortality studies, is confidential, nondiscoverable and inadmissible in any proceeding and is exempt from disclosure under ORS 192.410 to 192.505. A person communicating information in connection with special epidemiologic morbidity and mortality studies pursuant to this subsection may not be examined about the communication or the information.

      (b) Nothing in this subsection affects the confidentiality or admissibility into evidence of data not otherwise confidential or privileged that is obtained from sources other than the department.

      (c) As used in this subsection, “information” includes, but is not limited to, written reports, notes, records, statements and studies.

      (2) The furnishing of morbidity and mortality information to the department or health agency, to its authorized representatives or to any other agency, organization or person cooperating in a special epidemiologic study, does not subject any hospital, sanitarium, rest home, nursing home or other organization or person furnishing such information to an action for damages.

      (3) Subsection (1) of this section does not prevent the department or a health agency from publishing:

      (a) Statistical compilations and reports relating to special epidemiologic morbidity and mortality studies, if such compilations and reports do not identify individual cases and sources of information.

      (b) General morbidity and mortality studies customarily and continuously conducted by the department or health agency that do not involve patient identification.

      (4) Nothing in this section prevents disposition of records described in subsection (1) of this section pursuant to ORS 192.105. [1961 c.191 §§2,3; 1983 c.709 §31; 2005 c.342 §1]

 

      432.075 Duty to furnish information to state registrar; immunity. (1) Any person having knowledge of the facts shall furnish all information the person may possess regarding any birth, death, fetal death, induced termination of pregnancy, marriage, dissolution of marriage or suicide attempt by a person under 18 years of age, upon demand of the State Registrar of the Center for Health Statistics.

      (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. [1983 c.709 §23; 1997 c.783 §6]

 

      432.080 Copy of vital records furnished without charge for use in proceeding on war veteran’s benefits. Notwithstanding ORS 432.146, the State Registrar of the Center for Health Statistics or the county registrar shall furnish, without charge therefor, a certified copy of a vital record 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. [1985 c.397 §1; 1991 c.67 §114; 1997 c.783 §8]

 

      Note: 432.080 and 432.085 were added to and made a part of ORS chapter 432 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      432.085 Sale of birth and death certificate copies; rules. The Department of Human Services shall adopt, taking into consideration local service needs and interests, rules to allow a county registrar to sell, within six months of the date of the event occurring in the county, certified copies of birth certificates and death certificates. [1985 c.397 §2; 1993 c.18 §108; 1997 c.783 §9]

 

      Note: See note under 432.080.

 

      432.090 Issuance of additional birth certificate; fee; form; distribution of funds received. (1) In addition to the original birth certificate, the State Registrar of the Center for Health Statistics shall issue upon request and upon payment of a fee in an amount set by the state registrar 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 Public Health Account. The remainder shall be credited to the subaccount created pursuant to section 36 (2), chapter 1084, Oregon Laws 1999, or a successor subaccount, account or fund.

      (3) In setting the fee amount under subsection (1) of this section, the state registrar shall give substantial consideration to the amount suggested by the holder of the subaccount created pursuant to section 36 (2), chapter 1084, Oregon Laws 1999, or a successor subaccount, account or fund. [1985 c.549 §10; 1997 c.783 §§10,10a; 1999 c.1084 §46]

 

      432.095 Application of chapter provisions. 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 October 4, 1997, by the Vital Statistics Unit or in the custody of any other custodian of vital records. [1997 c.783 §44]

 

      Note: 432.095 was added to and made a part of ORS chapter 432 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

GENERAL PROVISIONS ON CERTIFICATION AND RECORDS; FEES

 

      432.105 Procedure for transmitting and filing certificates. (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 shall 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 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 only the full names of the child and the parent or parents, sex of the child, the county and date of birth, the residence address of the mother, date of filing and local file number.

      (2) Abstracts shall be filed and indexed in alphabetical order and safely kept by the county registrar. [Amended by 1973 c.829 §35; 1983 c.709 §32; 1997 c.783 §11]

 

      432.110 [Repealed by 1971 c.16 §3]

 

      432.115 Form of records and reports; status; disposition; rules. 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 Center for Health Statistics. Such reproductions when verified and approved by the state registrar shall be accepted as original records, and the documents from which permanent reproductions have been made may be disposed of as provided by rule of the state registrar, rule of the Secretary of State and ORS 192.105. [Amended by 1983 c.709 §19; 1997 c.783 §12]

 

      432.119 Abstracts of birth and death certificates as public records; limitations. (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 father of the child is not identified.

      (B) The infant dies after birth.

      (C) Congenital anomaly is reported.

      (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 Department of Human Services 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. [1973 c.829 §11; 1979 c.426 §1; 1983 c.709 §33; 1997 c.783 §13]

 

      432.120 [Amended by 1983 c.709 §20; repealed by 1997 c.783 §14 (432.121 enacted in lieu of 432.120)]

 

      432.121 Disclosure and certification of records and reports; rules. (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 from vital records or 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. The state registrar shall adopt rules to ensure that, for records of dissolution of marriage issued in proceedings under ORS 107.085 or 107.485, Social Security numbers of the parties are kept confidential and exempt from public inspection.

      (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 subject of the record; an authorized representative of the subject of the record, spouse, child, parent, sibling or legal guardian of the 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 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.

      (h) To an investigator licensed under ORS 703.430, upon request.

      (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 or other confidential section of the application, license and record of marriage or certificate of 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 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 chapter 183.

      (11) The state registrar shall adopt rules to implement this section in accordance with the applicable sections of ORS chapter 183.

      (12) Indexes of deaths, marriages or divorces that list names, dates of events, county of events or certificate numbers may be disclosed. [1997 c.783 §15 (enacted in lieu of 432.120); 1999 c.254 §1; 1999 c.312 §3; 2001 c.838 §23; 2003 c.380 §8; 2007 c.703 §9]

 

      432.122 Verification of birth certificate and death records; rules. 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 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. [1983 c.709 §24; 1997 c.783 §18]

 

      432.124 Disclosure of death records filed in conjunction with claims or interests in land. 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. [1999 c.254 §7]

 

      Note: 432.124 was added to and made a part of ORS chapter 432 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      432.125 [Repealed by 1983 c.709 §45]

 

      432.130 Compelling access to records. Any person who is refused an inspection of any record provided for in this chapter may proceed in the manner set forth in ORS 183.480 and 183.484 to seek access to the record. [Amended by 1983 c.709 §25]

 

      432.135 [Amended by 1983 c.709 §9; renumbered 432.142]

 

      432.140 Application for delayed certificates. (1) When a certificate of birth of a person born in this state has not been filed within 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. 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 registered on a delayed certificate of birth form and show on its face the date of 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 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 to 183.484.

      (b) The state registrar by rule may provide for the dismissal of an application which is not actively prosecuted. [Amended by 1983 c.709 §8; 1997 c.783 §19]

 

      432.142 Procedure when application for delayed certificate denied. (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) 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 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 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 a statement made in accordance with ORS 432.140 and all documentary evidence which was submitted to the state registrar in support of the 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.

      (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.

      (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. [Formerly 432.135; 1997 c.783 §20]

 

      432.145 [Amended by 1957 c.339 §1; 1971 c.16 §2; 1979 c.696 §1; 1983 c.709 §21; repealed by 1991 c.245 §1 (432.146 enacted in lieu of 432.145)]

 

      432.146 Fees. Except as provided in ORS 432.090 and 432.312, subject to the review of the Oregon Department of Administrative Services, the Department of Human Services shall establish all fees for services or records provided under ORS 432.005 to 432.165. The fees and charges established under this section shall be authorized by the Legislative Assembly for the department’s budget, as the budget may be modified by the Emergency Board. [1991 c.245 §2; 1993 c.345 §1; 1997 c.636 §2]

 

      432.150 [Amended by 1957 c.185 §1; repealed by 1983 c.709 §45]

 

      432.155 [Repealed by 1979 c.696 §14]

 

      432.160 [Repealed by 1971 c.743 §432]

 

      432.165 Death records. (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 information as required for the certificates of birth and death and the reports of 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 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, Social Security number, if issued, 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 thi