2007 Oregon Code - Chapter 432 :: Chapter 432 - Vital Statistics
Chapter 432 —
Vital Statistics
2007 EDITION
VITAL STATISTICS
PUBLIC HEALTH AND SAFETY
VITAL AND PUBLIC HEALTH STATISTICS SYSTEM; STATE, COUNTY AND LOCAL
REGISTRARS
432.005Â Â Â Â Definitions
432.010Â Â Â Â Center
for Health Statistics; standards
432.015Â Â Â Â Rules
432.020Â Â Â Â State
registrar; appointment
432.025Â Â Â Â Assistant
state registrars
432.030Â Â Â Â Duties
of state registrar
432.035Â Â Â Â County
registrars
432.040Â Â Â Â Duties
of county and local registrars
432.060Â Â Â Â Confidentiality
and inadmissibility of information obtained in connection with epidemiologic
morbidity and mortality studies; exceptions; nonliability of informants
432.075Â Â Â Â Duty
to furnish information to state registrar; immunity
432.080Â Â Â Â Copy
of vital records furnished without charge for use in proceeding on war veteranÂ’s
benefits
432.085Â Â Â Â
432.090Â Â Â Â Issuance
of additional birth certificate; fee; form; distribution of funds received
432.095Â Â Â Â Application
of chapter provisions
GENERAL PROVISIONS ON CERTIFICATION AND
RECORDS; FEES
432.105Â Â Â Â Procedure
for transmitting and filing certificates
432.115Â Â Â Â Form
of records and reports; status; disposition; rules
432.119Â Â Â Â Abstracts
of birth and death certificates as public records; limitations
432.121Â Â Â Â Disclosure
and certification of records and reports; rules
432.122Â Â Â Â Verification
of birth certificate and death records; rules
432.124Â Â Â Â Disclosure
of death records filed in conjunction with claims or interests in land
432.130Â Â Â Â Compelling
access to records
432.140Â Â Â Â Application
for delayed certificates
432.142Â Â Â Â Procedure
when application for delayed certificate denied
432.146Â Â Â Â Fees
432.165Â Â Â Â Death
records
432.180Â Â Â Â Certified
copies of vital records or vital reports; evidentiary value; fraud or
misrepresentation
RECORDS OF BIRTHS; CERTIFICATION OF UNRECORDED BIRTHS; VOLUNTARY
ACKNOWLEDGMENT OF PATERNITY
432.206Â Â Â Â Compulsory
registration of births; rules; persons required to file
432.230Â Â Â Â When
new certificate issued; contents; amendment upon adoption; delayed certificate
432.235Â Â Â Â Amendment
of vital record or vital report; rules
432.240Â Â Â Â Issuance
of certified copy of certificate of birth to adopted persons; Contact
Preference Form
432.266Â Â Â Â Commemorative
Certificate of Stillbirth; rules
432.285Â Â Â Â Availability
of voluntary acknowledgment of paternity form; responsibility of health care
facility and parents
432.287Â Â Â Â Voluntary
acknowledgment of paternity form; rules; filing; when form is sworn document;
copy to child support agency
432.289Â Â Â Â Full
faith and credit
DETERMINATION OF DEATH
432.300Â Â Â Â Determination
of death
DEATH CERTIFICATES; BURIAL PERMITS
432.307Â Â Â Â Compulsory
filing of death certificates; persons required to file
432.312Â Â Â Â Death
certificate fee; use; limitation
432.317Â Â Â Â Report
upon receipt of body or fetus; authorization for final disposition; rules
432.327Â Â Â Â Authority
to grant extensions on certificates, reports and permits; rules
432.333Â Â Â Â Reports
on fetal deaths
432.337Â Â Â Â Status
of reports under ORS 435.496; rules
RECORDS OF MARRIAGES, DIVORCES, ADOPTIONS, ANNULMENTS AND CERTAIN
BIRTHS
432.405Â Â Â Â Filing
of marriage record; rules
432.408Â Â Â Â Record
of dissolution of marriage judgment; rules
432.412Â Â Â Â Marriage
and divorce records subject to full disclosure; exemption
432.415Â Â Â Â Reports
on adoptions
432.420Â Â Â Â Access
to adoption records
432.430Â Â Â Â Duty
to report on child of unknown parentage; rules
CANCER AND TUMOR REGISTRY SYSTEM
432.500Â Â Â Â Definitions
432.510Â Â Â Â Cancer
and tumor registry system; purpose; rulemaking; duties of Department of Human
Services
432.520Â Â Â Â Reporting
requirement; review of records; special studies
432.530Â Â Â Â Confidentiality
of information
432.540Â Â Â Â Use
of confidential data; rules
432.550Â Â Â Â Action
for damages; license; disciplinary action prohibited for good faith
participation in reporting of data
432.570Â Â Â Â No
requirement or prohibition regarding operation of separate cancer and tumor
registry
PENALTIES
432.900Â Â Â Â Civil
penalty
432.993Â Â Â Â Unlawful
use of vital record or vital report; criminal penalty
432.995Â Â Â Â 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 userÂ’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
veteranÂ’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 VeteransÂ’ 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
     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 decedentÂ’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 providerÂ’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
     (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 applicantÂ’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 courtÂ’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 departmentÂ’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 this chapter or rules
adopted pursuant thereto, shall keep a record which shall identify the body,
and information pertaining to receipt, removal, delivery, burial or cremation
of the body as may be required by rules adopted by the State Registrar of the
Center for Health Statistics.
     (4) A medical examiner, physician or nurse
practitioner 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, physician or nurse practitioner 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. [Amended by 1983 c.709 §22;
1985 c.207 §4; 1997 c.783 §21; 1999 c.80 §70; 2005 c.471 §4]
     432.175 [Formerly 43.380; 1983 c.709 §34; 1985 c.565
§71; repealed by 1997 c.783 §48]
     432.180
Certified copies of vital records or vital reports; evidentiary value; fraud or
misrepresentation. (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. [1997 c.783 §17]
RECORDS OF
BIRTHS; CERTIFICATION OF UNRECORDED BIRTHS; VOLUNTARY ACKNOWLEDGMENT OF
PATERNITY
     432.205 [Amended by 1979 c.426 §2; 1983 c.709 §6;
1995 c.514 §5; repealed by 1997 c.783 §22 (432.206 enacted in lieu of 432.205)]
     432.206
Compulsory registration of births; rules; persons required to file. (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 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;
     (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
     (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
husbandÂ’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 the case of a child born to a
married woman as a result of artificial insemination with the consent of her
husband, the husbandÂ’s name shall be entered on the certificate.
     (7) 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.
     (8) 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 Center for Health Statistics
shall enter the name of the father on the new certificate of birth. The Center
for Health Statistics shall change the surname of the child if so ordered by
the court or, in a proceeding under ORS 416.430, by the administrator as
defined in ORS 25.010.
     (9) 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.
     (10) 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. [1997 c.783 §23 (enacted
in lieu of 432.205); 1999 c.254 §2; 1999 c.840 §1; 2001 c.455 §24]
     432.210 [Repealed by 1983 c.709 §45]
     432.215 [Amended by 1983 c.709 §35; repealed by 1997
c.783 §48]
     432.220 [Repealed by 1983 c.709 §45]
     432.230
When new certificate issued; contents; amendment upon adoption; delayed
certificate. (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 judgment
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
entering the judgment of adoption, the adoptive parents or the adopted 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 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, court determination of paternity, administrative
determination of paternity, voluntary acknowledgment of paternity or other form
prescribed in ORS 432.287 shall not be subject to inspection except upon order
of a court or as provided by rule of the state registrar.
     (3) Upon receipt of a report of an amended
judgment of adoption, the certificate of birth shall be amended as provided by
rule of the state registrar.
     (4) Upon receipt of a report or judgment
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.”
     (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.
     (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
     432.235
Amendment of vital record or vital report; rules. (1) A certificate or report registered under
this chapter may be amended only in accordance with this chapter and rules
adopted 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 indicate that it has been amended, except as
otherwise provided in ORS 432.230, this section or by rule of the state
registrar. 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 shall prescribe by rule the
conditions under which additions or minor corrections may be made to
certificates or reports within one year without the certificate or report
indicating that it has been amended.
     (3) Upon receipt of a certified copy of an
order of a court 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.
     (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
whether such individualÂ’s name has been changed, the certificate of birth of
such individual shall be amended as prescribed by rule of the state registrar.
     (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 cause to question the validity or
adequacy of the applicantÂ’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.
     (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 custodian of the vital record and the record
of the other custodian shall be amended accordingly.
     (7) When an amendment is made to an
application, license and record 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 judgment filed pursuant to ORS 432.408, 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 supplemental judgment. In all cases the completed form shall be a
prerequisite to the entry of the supplemental judgment.
     (b) The clerk of the court shall complete
and forward to the Center for Health Statistics the records of each such
supplemental judgment in the same manner prescribed by ORS 432.408. [Formerly
432.290; 1997 c.783 §25; 2003 c.576 §455; 2007 c.703 §10]
     Note: The amendments to 432.235 by section 17,
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 432.235 by section 17, chapter 99,
Oregon Laws 2007, take effect January 1, 2008. 432.235, as amended by section
17, chapter 99, Oregon Laws 2007, and including amendments by section 13,
chapter 703, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     432.235. (1) A certificate or report registered under
this chapter may be amended only in accordance with this chapter and rules
adopted 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 indicate that it has been amended, except as
otherwise provided in ORS 432.230, this section or by rule of the state
registrar. 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 shall prescribe by rule the
conditions under which additions or minor corrections may be made to
certificates or reports within one year without the certificate or report
indicating that it has been amended.
     (3) Upon receipt of a certified copy of an
order of a court 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.
     (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
whether such individualÂ’s name has been changed, the certificate of birth of
such individual shall be amended as prescribed by rule of the state registrar.
     (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 cause to question the validity or
adequacy of the applicantÂ’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.
     (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 custodian of the vital record and the record
of the other custodian shall be amended accordingly.
     (7) When an amendment is made to an
application, license and record of marriage or to a Declaration of Domestic
Partnership by the local official issuing the marriage license or registering
the declaration, 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 judgment or dissolution of domestic partnership
judgment filed pursuant to ORS 432.408, 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 supplemental
judgment. In all cases the completed form shall be a prerequisite to the entry
of the supplemental judgment.
     (b) The clerk of the court shall complete
and forward to the Center for Health Statistics the records of each such
supplemental judgment in the same manner prescribed by ORS 432.408.
     432.240
Issuance of certified copy of certificate of birth to adopted persons; Contact
Preference Form. (1) Upon
receipt of a written application to the state registrar, any adopted person 21
years of age and older born in the State of Oregon shall be issued a certified
copy of his/her unaltered, original and unamended certificate of birth in the
custody of the state registrar, with procedures, filing fees, and waiting
periods identical to those imposed upon nonadopted citizens of the State of
Oregon pursuant to ORS 432.121 and 432.146. Contains no exceptions.
     (2) A birth parent may at any time request
from the State Registrar of the Center for Health Statistics or from a
voluntary adoption registry a Contact Preference Form that shall accompany a
birth certificate issued under subsection (1) of this section. The Contact
Preference Form shall provide the following information to be completed at the
option of the birth parent:
______________________________________________________________________________
     (a) I would like to be contacted;
     (b) I would prefer to be contacted only
through an intermediary; or
     (c) I prefer not to be contacted at this
time. If I decide later that I would like to be contacted, I will register with
the voluntary adoption registry. I have completed an updated medical history
and have filed it with the voluntary adoption registry. Attached is a
certificate from the voluntary adoption registry verifying receipt of the
updated medical history.
______________________________________________________________________________
     (3) The certificate from the voluntary
adoption registry verifying receipt of an updated medical history under
subsection (2) of this section shall be in a form prescribed by the Department
of Human Services and shall be supplied upon request of the birth parent by the
voluntary adoption registry.
     (4) When the State Registrar of the Center
for Health Statistics receives a completed Contact Preference Form from a birth
parent, the state registrar shall match the Contact Preference Form with the
adopted personÂ’s sealed file. The Contact Preference Form shall be placed in
the adopted personÂ’s sealed file when a match is made.
     (5) A completed Contact Preference Form
shall be confidential and shall be placed in a secure file until a match with
the adopted personÂ’s sealed file is made and the Contact Preference Form is
placed in the adopted personÂ’s file.
     (6) Only those persons who are authorized
to process applications made under subsection (1) of this section may process
Contact Preference Forms. [1999 c.2; 1999 c.604 §1]
     Note: 432.240 was adopted by the people by
initiative petition but was not added to or made a part of ORS chapter 432 or
any series therein. See Preface to Oregon Revised Statutes for further
explanation.
     432.255 [Repealed by 1983 c.709 §45]
     432.260 [Amended by 1981 c.6 §1; repealed by 1983
c.709 §45]
     432.265 [Repealed by 1983 c.709 §45]
     432.266
Commemorative Certificate of Stillbirth; rules. (1) The State Registrar of the Center for
Health Statistics shall establish a Commemorative Certificate of Stillbirth.
The certificate shall be signed by the state registrar.
     (2) The state registrar shall issue a
Commemorative Certificate of Stillbirth for a stillbirth occurring on or after
January 1, 1999, upon:
     (a) Request of a biological parent of the
stillborn fetus; and
     (b) Payment of the fee adopted by the
state registrar by rule.
     (3) The state registrar shall adopt by
rule:
     (a) A form for the certificate;
     (b) The type of information that may be
included on the form; and
     (c) The fee required for issuance of the
certificate.
     (4) A certificate issued under this
section is for commemorative purposes only and has no legal effect. [2005 c.769
§1]
     432.270 [Repealed by 1983 c.709 §45]
     432.275 [Repealed by 1983 c.709 §45]
     432.280 [Repealed by 1983 c.709 §45]
     432.285
Availability of voluntary acknowledgment of paternity form; responsibility of
health care facility and parents. 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
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. [1995 c.514 §3; 1997 c.783 §26]
     432.287
Voluntary acknowledgment of paternity form; rules; filing; when form is sworn
document; copy to child support agency. (1) The Director of Human Services shall adopt by rule a form of a
voluntary acknowledgment of paternity that includes the minimum requirements
specified by the United States Secretary of Health and Human Services. When the
form is signed by both biological parents and witnessed by a third party, the
form establishes paternity for all purposes when filed with the State Registrar
of the Center for Health Statistics, provided there is no male parent already
named on the birth certificate. Establishment of paternity under this section
is subject to the provisions and the requirements in ORS 109.070. When there is
no other male named as father on the childÂ’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 childÂ’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
childÂ’s birth within 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 including any rights afforded to a minor parent;
     (b) A statement of the alternatives to and
consequences of signing the acknowledgment;
     (c) Instructions on how to file the form
with the state registrar and information about any fee required;
     (d) Lines for the Social Security numbers
and addresses of the parents; and
     (e) A statement that the rights,
responsibilities, alternatives and consequences listed on the acknowledgment
were read to the parties prior to signing the acknowledgment.
     (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. [1995 c.514 §4; 1997
c.783 §27; 1999 c.80 §21]
     432.289
Full faith and credit. A
determination of paternity by another state is entitled to full faith and
credit. [1995 c.514 §4a]
     432.290 [1981 c.221 §3; 1983 c.709 §18; 1995 c.514 §6;
renumbered 432.235 in 1995]
DETERMINATION
OF DEATH
     432.300
Determination of death. (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) 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. [1987 c.517 §2 (enacted in lieu of
146.001); 1997 c.783 §28]
     432.305 [Repealed by 1963 c.200 §6]
DEATH
CERTIFICATES; BURIAL PERMITS
     432.307
Compulsory filing of death certificates; persons required to file. (1) A certificate of death for each death
that occurs in this state shall be submitted to the county registrar of the
county in which the death occurred or to the 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, 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
     (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 a funeral service practitioner who first assumes custody of
the dead body shall submit the certificate of death. The funeral service
practitioner or person acting as a funeral service practitioner 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 a funeral
service practitioner 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 physician, physician assistant
practicing under the supervision of a person licensed to practice medicine
under ORS chapter 677 or certified nurse practitioner, 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 a funeral service practitioner within 48 hours
after receipt of the certificate of death by the physician, physician assistant
or nurse practitioner, except when inquiry is required by ORS chapter 146. In
the absence or inability of the physician, physician assistant or nurse
practitioner, or with the approval of the physician, the medical certification
of death may be completed 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, provided that the individual has access to the
medical history of the case 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 the time prescribed, the medical certification of death shall
be completed as provided by rule of the state registrar. The attending
physician, physician assistant practicing under the supervision of a person
licensed to practice medicine under ORS chapter 677, nurse practitioner or
medical examiner shall give the funeral service practitioner or person acting
as a funeral service practitioner notice of the reason for the delay, and final
disposition of the body shall not be made until authorized by the attending
physician, physician assistant, nurse practitioner 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.
     (7) When a death is presumed to have
occurred within this state but the body cannot be located, a 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.
     (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.
     (9) A certificate of death registered one
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 applicantÂ’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.
     (11) A certificate of death required to be
filed under this section shall contain the Social Security number of the decedent
whenever the Social Security number is reasonably available from other records
concerning the decedent or can be obtained from the person in charge of the
final disposition of the decedent. [1963 c.200 §2; 1965 c.221 §26; 1977 c.582 §33;
1983 c.709 §12; 1985 c.207 §5; 1997 c.783 §29; 1999 c.80 §71; 1999 c.724 §1;
2001 c.357 §2; 2003 c.104 §3]
     432.310 [Amended by 1959 c.629 §32; repealed by 1963
c.200 §6]
     432.312
Death certificate fee; use; limitation. (1) The Department of Human Services shall impose and collect a filing
fee of $7 for each certificate of death. Of the fee, $2 shall be deposited to
the credit of the Public Health Account and used to carry out the purposes of
ORS 97.170 (5) and $5 shall be deposited to the credit of the State Mortuary
and Cemetery Board Account and used in the same manner as funds credited to the
account under ORS 692.375.
     (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 funds
exceed five percent of the moneys collected. [1993 c.345 §3; 1997 c.783 §30;
2005 c.726 §3]
     432.315 [Amended by 1959 c.629 §33; repealed by 1963
c.200 §6]
     432.317
Report upon receipt of body or fetus; authorization for final disposition;
rules. (1) The funeral
service practitioner or person acting as a funeral service practitioner who
first assumes possession of a dead body or fetus shall make a written report to
the county registrar 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 Department of Human Services.
     (2) Prior to final disposition of the
body, the funeral service practitioner or person acting as a funeral service
practitioner 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, physician assistant practicing under the
supervision of a person licensed to practice medicine under ORS chapter 677,
certified nurse practitioner 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 the funeral service practitioner or person acting as a
funeral service practitioner 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 physician assistant, the nurse practitioner,
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 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
fetus on a form prescribed and furnished or approved by the state registrar.
     (4) With the consent of the physician,
physician assistant practicing under the supervision of a person licensed to
practice medicine under ORS chapter 677, nurse practitioner 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. Permits for transporting a body or fetus out of another
state issued under the laws of another state shall be authority for
transporting a body or fetus into
     (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 complete and return all authorizations to the 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 a funeral service practitioner shall
complete and return the authorization to the 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 a funeral service practitioner, upon
proper application.
     (9) Prior to removing a dead body or fetus
from the State of Oregon under ORS 692.270, a person acting as a funeral
service practitioner as defined in ORS 432.005 (11)(b) shall submit a written
notice of removal to the county registrar in the county in which death occurred
or in which the body or fetus was found. The notice 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 Department of Human
Services. A copy of the written notice of removal shall serve as a transit
permit for the remains of the decedent named on the notice. [1963 c.200 §3;
1983 c.709 §16; 1985 c.207 §6; 1987 c.252 §9; 1989 c.669 §2; 1997 c.783 §31;
1999 c.724 §4; 2001 c.357 §3; 2003 c.104 §4]
     432.320 [Repealed by 1963 c.200 §6]
     432.325 [Repealed by 1963 c.200 §6]
     432.327
Authority to grant extensions on certificates, reports and permits; rules. Upon such conditions as the State Registrar
of the Center for Health Statistics may prescribe to 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 reports,
medical certifications 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. [1963 c.200 §4; 1983 c.709 §36;
1997 c.783 §32]
     432.330 [Repealed by 1963 c.200 §6]
     432.333
Reports on fetal deaths. (1)
Each 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, that occurs in this state shall
be reported within five days after delivery to the 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 fetal deaths.
     (2) When a fetus is delivered in an
institution, the person in charge of the institution or a designated
representative shall prepare and file the report.
     (3) When a fetus is delivered outside an
institution, the physician in attendance at or immediately after delivery shall
prepare and file the report.
     (4) When a fetal death required to be
reported by this section occurs without attendance by a physician at or
immediately after the delivery or when inquiry is required by ORS 146.003 to
146.189 and 146.710 to 146.992, the medical examiner shall investigate the
cause of fetal death and shall prepare and file the report.
     (5) When a fetal death occurs in a moving
conveyance and the fetus is first removed from the conveyance in this state or
when a 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 fetus was found shall be considered
the place of fetal death.
     (6) All information regarding the father
shall be entered on the fetal death report if the father is identified. [1983
c.709 §13; 1989 c.171 §54; 1997 c.783 §33]
     432.335 [Repealed by 1963 c.200 §6]
     432.337
Status of reports under ORS 435.496; rules. The reports required under ORS 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. [1983 c.709 §15; 1997 c.783 §34]
     432.340 [Repealed by 1963 c.200 §6]
     432.345 [Repealed by 1983 c.709 §45]
RECORDS OF
MARRIAGES, DIVORCES, ADOPTIONS, ANNULMENTS AND CERTAIN BIRTHS
     432.405
Filing of marriage record; rules. (1) A record of each marriage performed in this state shall be filed
with the 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 in the form prescribed
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 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
adopted by the state registrar. [Amended by 1983 c.709 §17; 1997 c.783 §35]
     Note: The amendments to 432.405 by section 18,
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 432.405 by section 18, chapter 99,
Oregon Laws 2007, take effect January 1, 2008. 432.405, as amended by section
18, chapter 99, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     432.405. (1) A record of each marriage performed and
domestic partnership registered in this state shall be filed with the 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 or registers the Declaration of Domestic
Partnership shall prepare the record in the form prescribed or furnished by the
state registrar upon the basis of information obtained from the parties.
     (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 or registering Declarations of Domestic Partnership shall complete and
forward to the 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 and the records of Declarations of Domestic
Partnership registered during the preceding calendar month.
     (5) A marriage or domestic partnership
record not filed within the time prescribed by this section may be registered
in accordance with rules adopted by the state registrar.
     432.408
Record of dissolution of marriage judgment; rules. (1) A record of each dissolution of marriage
judgment 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
judgment. The state registrar shall design the record so that, for judgments or
orders issued in proceedings under ORS 107.085 or 107.485, the state registrar,
county clerks, county recording officers and state courts may keep Social
Security numbers confidential and exempt from public inspection.
     (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 judgment
granted during the preceding calendar month. The clerk shall comply with
procedures established under ORS 107.840 to ensure that, in the records
completed and forwarded under this subsection, the Social Security numbers of
parties to a proceeding under ORS 107.085 or 107.485 are kept confidential and
exempt from public inspection.
     (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. [1997 c.783
§37; 2003 c.380 §9; 2003 c.576 §456a]
     Note: The amendments to 432.408 by section 19,
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 432.408 by section 19, chapter 99,
Oregon Laws 2007, take effect January 1, 2008. 432.408, as amended by section
19, chapter 99, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     432.408. (1) A record of each dissolution of marriage
judgment or dissolution of domestic partnership judgment 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 judgment. The state registrar shall
design the record so that, for judgments or orders issued in proceedings under
ORS 107.085 or 107.485, the state registrar, county clerks, county recording
officers and state courts may keep Social Security numbers confidential and
exempt from public inspection.
     (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 judgment or
dissolution of domestic partnership judgment granted during the preceding
calendar month. The clerk shall comply with procedures established under ORS
107.840 to ensure that, in the records completed and forwarded under this
subsection, the Social Security numbers of parties to a proceeding under ORS 107.085
or 107.485 are kept confidential and exempt from public inspection.
     (3) A dissolution of marriage record or
dissolution of domestic partnership 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.
     432.410 [Repealed by 1959 c.430 §5]
     432.412
Marriage and divorce records subject to full disclosure; exemption. (1) Except as provided in subsection (2) of
this section, 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.
     (2) Divorce records in the custody of the
state courts shall be completed and maintained in accordance with procedures
established under ORS 107.840 to ensure that the Social Security numbers of
parties to proceedings under ORS 107.085 and 107.485 are kept confidential and
exempt from public inspection. [1999 c.254 §6; 2003 c.380 §10]
     432.415
Reports on adoptions. (1)
For each judgment of adoption entered by a court 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;
     (b) Provide information necessary to
establish a new certificate of birth of the person adopted; and
     (c) 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 Department of Human Services 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
judgment of adoption.
     (3) Whenever an adoption judgment 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 judgment 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 adoption,
reports of annulment of adoption and amendments of judgments of adoption 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 judgment
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
     (7) If the person was born in a foreign
country but was a citizen of the
     432.420
Access to adoption records.
The documents forwarded to the State Registrar of the Center for Health
Statistics or sealed under ORS 432.230 may be opened by the state registrar
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. [Amended
by 1957 c.193 §1; 1983 c.672 §18; 1995 c.79 §221; 1995 c.730 §11; 1997 c.783 §39;
1999 c.254 §3]
     432.425 [Amended by 1955 c.680 §1; repealed by 1983
c.709 §45]
     432.430
Duty to report on child of unknown parentage; rules. (1) A person who assumes the custody of a
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 five days of
assuming custody, to the state registrar the following information:
     (a) The date and the city or county, or
both, where the child was found.
     (b) Sex and approximate birth date of
child.
     (c) Name and address of the person or
institution with whom the child has been placed for care.
     (d) Name given to the child by the
custodian of the child.
     (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. [Amended by 1983 c.709 §7; 1997 c.783 §40]
CANCER AND
TUMOR REGISTRY SYSTEM
     432.500
Definitions. As used in ORS
432.510 to 432.550 and 432.900:
     (1) “Clinical laboratory” means a facility
where microbiological, serological, chemical, hematological,
immunohematological, immunological, toxicological, cytogenetical, exfoliative
cytological, histological, pathological or other examinations are performed on
material derived from the human body, for the purpose of diagnosis, prevention
of disease or treatment of patients by physicians, dentists and other persons
who are authorized by license to diagnose or treat humans.
     (2) “Department” means the Department of
Human Services or its authorized representative.
     (3) “Health care facility” means a
hospital, as defined in ORS 442.015 (19), or an ambulatory surgical center, as
defined in ORS 442.015.
     (4) “Practitioner” means any person whose
professional license allows the person to diagnose or treat cancer in patients.
[1995 c.585 §1; 2001 c.104 §154; 2003 c.14 §243; 2003 c.269 §1]
     Note: 432.500 to 432.570 and 432.900 were enacted
into law by the Legislative Assembly but were not added to or made a part of
ORS chapter 432 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
     432.510
Cancer and tumor registry system; purpose; rulemaking; duties of Department of
Human Services. (1) The
Department of Human Services shall establish a uniform, statewide,
population-based registry system for the collection of information determining
the incidence of cancer and benign tumors of the brain and central nervous
system and related data. The purpose of the registry shall be to provide
information to design, target, monitor, facilitate and evaluate efforts to
determine the causes or sources of cancer and benign tumors among the residents
of
     (a) Targeting populations in need of
cancer screening services or evaluating screening or other cancer control
services;
     (b) Supporting the operation of hospital
registries in monitoring and upgrading the care and the end results of
treatment for cancer and benign tumors;
     (c) Investigating suspected clusters or
excesses of cancer and benign tumors both in occupational settings and in the
stateÂ’s environment generally;
     (d) Conducting studies to identify cancer
hazards to the public health and cancer hazard remedies; and
     (e) Projecting the benefits or costs of
alternative policies regarding the prevention or treatment of cancer and benign
tumors.
     (2) The department shall adopt rules
necessary to carry out the purposes of ORS 432.510 to 432.550 and 432.900,
including but not limited to designating which types of cancer and benign
tumors of the brain and central nervous system are reportable to the statewide
registry, the data to be reported, the data reporting standards and format and
the effective date after which reporting by health care facilities, clinical
laboratories and practitioners shall be required. When adopting rules under
this subsection, the department shall, to the greatest extent practicable,
conform the rules to the standards and procedures established by the
     (3) The department shall:
     (a) Conduct a program of epidemiologic
analyses of registry data collected under subsection (1) of this section to
assess control, prevention, treatment and causation of cancer and benign tumors
in Oregon; and
     (b) Utilize the data to promote,
facilitate and evaluate programs designed to reduce the burden of cancer and
benign tumors among the residents of
     (4) The department shall:
     (a) Collaborate in studies of cancer and
benign tumors with clinicians and epidemiologists and publish reports on the
results of such studies; and
     (b) Cooperate with the National Institutes
of Health and the Centers for Disease Control and Prevention in providing
incidence data for cancer and benign tumors.
     (5) The department shall establish a
training program for the personnel of participating health care facilities and
a quality control program for data for cancer and benign tumors reported to the
state registry. [1995 c.585 §2; 2003 c.269 §2; 2007 c.71 §121]
     Note: See note under 432.500.
     432.520
Reporting requirement; review of records; special studies. (1) Except as provided in subsection (2) of
this section, any health care facility in which patients are diagnosed or
provided treatment for cancer or benign tumors of the brain and central nervous
system shall report each case of cancer or benign tumors of the brain and
central nervous system to the Department of Human Services within a time period
and in a format prescribed by the department. The department shall provide, at
cost, reporting services to any health care facility at the option of the
health care facility. Health care facilities may also purchase reporting
services from another facility or commercial vendor. If a health care facility is
unable to report in conformance with the format and standards prescribed by the
department, the department may, after consultation with the health care
facility, elect to activate its reporting service for the facility. When
activated, the department may enter the facility, obtain the information and
report it in conformance with the appropriate format and standards. In these
instances, the facility shall reimburse the department or its authorized
representative for the cost of obtaining and reporting the information.
     (2) Upon application to the department by
a health care facility, the department shall grant to the health care facility
an extension of time in which to meet the reporting requirements of this
section. In no event shall the extension of time exceed two years from the date
of application.
     (3) Any practitioner diagnosing or
providing treatment to patients with cancer or benign tumors of the brain and
central nervous system shall report each case to the department or its
authorized representative within a time period and in a format prescribed by
the department. Those cases diagnosed or treated at an
     (4) Any clinical laboratory diagnosing
cases of cancer or benign tumors of the brain and central nervous system shall
report each case to the department or its authorized representative within a
time period and in a format prescribed by the department.
     (5) For the purpose of assuring the
accuracy and completeness of reported data, the department shall have the right
to periodically review all records that would:
     (a) Identify cases of cancer and benign
tumors, the treatment of the cancer or benign tumors or the medical status of
any patient identified as being treated for cancer or benign tumors; or
     (b) Establish characteristics of the
cancer or benign tumors.
     (6) The department may conduct special
studies of cancer morbidity and mortality. As part of such studies, registry
personnel may obtain additional information that applies to a patientÂ’s cancer
or benign tumors and that may be in the medical record of the patient. The
record holder may either provide the requested information to the registry
personnel or provide the registry personnel access to the relevant portions of
the patientÂ’s medical record. Neither the department nor the record holder
shall bill the other for the cost of providing or obtaining this information. [1995
c.585 §3; 2003 c.269 §3]
     Note: See note under 432.500.
     432.530
Confidentiality of information.
(1) All identifying information regarding individual patients, health care
facilities and practitioners reported pursuant to ORS 432.520 shall be
confidential and privileged. Except as required in connection with the
administration or enforcement of public health laws or rules, no public health
official, employee or agent shall be examined in an administrative or judicial
proceeding as to the existence or contents of data collected under the registry
system for cancer and benign tumors of the brain and central nervous system.
     (2) All additional information reported in
connection with a special study shall be confidential and privileged and shall
be used solely for the purposes of the study, as provided by ORS 432.060.
Nothing in this section shall prevent the Department of Human Services from publishing
statistical compilations relating to morbidity and mortality studies that do
not identify individual cases or prevent use of this data by third parties to
conduct research as provided by ORS 432.540 (1). [1995 c.585 §5; 2003 c.269 §4]
     Note: See note under 432.500.
     432.540
Use of confidential data; rules. (1) The Department of Human Services shall adopt rules under which
confidential data may be used by third parties to conduct research and studies
for the public good. Research and studies conducted using confidential data
from the statewide registry must be reviewed and approved by the Committee for
the Protection of Human Research Subjects established in accordance with 45
C.F.R. 46.
     (2) The department may enter into
agreements to exchange information with other registries for cancer and benign
tumors of the brain and central nervous system in order to obtain complete
reports of
     Note: See note under 432.500.
     432.550
Action for damages; license; disciplinary action prohibited for good faith
participation in reporting of data. (1) No action for damages arising from the disclosure of confidential
or privileged information may be maintained against any person, or the employer
or employee of any person, who participates in good faith in the reporting of
registry data for cancer or benign tumors of the brain and central nervous
system or data for cancer morbidity or mortality studies in accordance with ORS
432.510 to 432.540 and 432.900.
     (2) No license of a health care facility
or practitioner may be denied, suspended or revoked for the good faith
disclosure of confidential or privileged information in the reporting of
registry data for cancer or benign tumors of the brain and central nervous
system or data for cancer morbidity or mortality studies in accordance with ORS
432.510 to 432.540 and 432.900.
     (3) Nothing in this section shall be
construed to apply to the unauthorized disclosure of confidential or privileged
information when such disclosure is due to gross negligence or willful
misconduct. [1995 c.585 §7; 2003 c.269 §5]
     Note: See note under 432.500.
     432.560 [1995 c.585 §8; repealed by 2001 c.900 §261]
     432.570
No requirement or prohibition regarding operation of separate cancer and tumor
registry. Nothing in ORS
432.510 to 432.550 and 432.900 shall prohibit a health care facility from
operating its own registry for cancer and benign tumors of the brain and
central nervous system or require a health care facility to operate its own
registry for cancer and benign tumors. [1995 c.585 §9; 2003 c.269 §7]
     Note: See note under 432.500.
PENALTIES
     432.900
Civil penalty. (1) In
addition to any other liability or penalty provided by law, the Director of
Human Services may impose a civil penalty on any person for willful failure to
comply with any part of ORS 432.520. A civil penalty may be imposed against a
health care facility for each day compliance is refused. The penalty shall be
$50 per day for the first 30 days and $500 per day thereafter. A civil penalty
of $50 may be imposed against a practitioner for each day compliance is
refused.
     (2) Any fines collected pursuant to
subsection (1) of this section shall be paid into the State Treasury and deposited
in the General Fund.
     (3) Civil penalties described in
subsection (1) of this section shall be imposed in the manner provided in ORS
183.745. [1995 c.585 §4]
     Note: See note under 432.500.
     432.990 [Amended by 1963 c.200 §5; 1971 c.743 §369;
repealed by 1997 c.783 §48]
     432.993
Unlawful use of vital record or vital report; criminal penalty. (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. [1997 c.783 §42]
     432.995
Obstructing the keeping of vital records or vital reports; criminal penalty. (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. [1997 c.783 §43]
_______________
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