2018 Indiana Code
TITLE 16. Health
CHAPTER 1. General Provisions
16-37-1-10. Disclosure of data in records; conditions for availability of death certificate; grounds for state registrar's denial

Universal Citation: IN Code § 16-37-1-10 (2018)
IC 16-37-1-10 Disclosure of data in records; conditions for availability of death certificate; grounds for state registrar's denial

     Sec. 10. (a) Except as provided in subsection (c), the records and files of the division of the state department concerning vital statistics are subject to this article and rules of the state department. Data contained in the records and files may be disclosed only as follows:

(1) The state registrar shall permit inspection of the records or issue a certified copy of a certificate or part of a certificate only if the state registrar is satisfied of the following:

(A) That the applicant has a direct interest in the matter recorded.

(B) That the information is necessary for the determination of personal or property rights or for compliance with state or federal law.

The state registrar's decision is subject to review by the state department or a court under this section.

(2) The state department may permit the use of data contained in vital statistical records for research purposes only, but no identifying use may be made of the data.

(3) In any extraordinary case that the state registrar determines is a direct tangible and legitimate public interest.

     (b) Notwithstanding subsection (a)(1) through (a)(3), a certificate of death received by a local health department (as defined in IC 16-18-2-211) or the state department is a public record that, upon request, must be made available for inspection and copying if:

(1) the copy made of the certificate of death is not a certified copy;

(2) any Social Security number that appears on the certificate of death is redacted; and

(3) any charge or fee that is due under section 9, 11, or 11.5 of this chapter is collected.

     (c) The birth record of an adopted child remains subject to the confidentiality provisions of IC 31-19 regarding the release of adoption information.

     (d) The state registrar may deny a request to inspect or copy a record concerning vital statistics that is in the state registrar's possession if the state registrar has a reasonable suspicion that releasing the record may result in fraud or identity theft.

[Pre-1993 Recodification Citation: 16-1-19-3 part.]

As added by P.L.2-1993, SEC.20. Amended by P.L.1-1997, SEC.91; P.L.257-1997(ss), SEC.29; P.L.1-1999, SEC.45; P.L.171-2015, SEC.43.


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