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Statutes > Oregon > Vol11 > 432

Chapter 432 — VitalStatistics

 

2009 EDITION

 

VITALSTATISTICS

 

PUBLICHEALTH AND SAFETY

 

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

 

432.005     Definitions

 

432.010     Centerfor Health Statistics; standards

 

432.015     Rules

 

432.020     Stateregistrar; appointment

 

432.025     Assistantstate registrars

 

432.030     Dutiesof state registrar

 

432.035     Countyregistrars

 

432.040     Dutiesof county and local registrars

 

432.060     Confidentialityand inadmissibility of information obtained in connection with epidemiologicmorbidity and mortality studies; exceptions; nonliability of informants

 

432.075     Dutyto furnish information to state registrar; immunity

 

432.080     Copyof vital records furnished without charge for use in proceeding on war veteran’sbenefits

 

432.085     Saleof birth and death certificate copies; rules

 

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

 

432.095     Applicationof chapter provisions

 

GENERALPROVISIONS ON CERTIFICATION AND RECORDS; FEES

 

432.105     Procedurefor transmitting and filing certificates

 

432.115     Formof records and reports; status; disposition; rules

 

432.119     Abstractsof birth and death certificates as public records; limitations

 

432.121     Disclosureand certification of records and reports; rules

 

432.122     Verificationof birth certificate and death records; rules

 

432.124     Disclosureof death records filed in conjunction with claims or interests in land

 

432.130     Compellingaccess to records

 

432.140     Applicationfor delayed certificates

 

432.142     Procedurewhen application for delayed certificate denied

 

432.146     Fees

 

432.165     Deathrecords

 

432.180     Certifiedcopies of vital records or vital reports; evidentiary value; fraud ormisrepresentation

 

RECORDSOF BIRTHS; CERTIFICATION OF UNRECORDED BIRTHS; VOLUNTARY ACKNOWLEDGMENT OFPATERNITY

 

432.206     Compulsoryregistration of births; rules; persons required to file

 

432.230     Whennew certificate issued; contents; amendment upon adoption; delayed certificate

 

432.235     Amendmentof vital record or vital report; rules

 

432.240     Issuanceof certified copy of certificate of birth to adopted persons; ContactPreference Form

 

432.266     CommemorativeCertificate of Stillbirth; rules

 

432.285     Availabilityof voluntary acknowledgment of paternity form; responsibility of health carefacility and parents

 

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

 

432.289     Fullfaith and credit

 

DETERMINATIONOF DEATH

 

432.300     Determinationof death

 

DEATHCERTIFICATES; BURIAL PERMITS

 

432.307     Compulsoryfiling of death certificates; persons required to file

 

432.312     Deathcertificate fee; use; limitation

 

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

 

432.327     Extensionson certificates, reports and permits; rules

 

432.333     Reportson fetal deaths

 

432.337     Statusof reports under ORS 435.496; rules

 

RECORDSOF MARRIAGES, DOMESTIC PARTNERSHIPS, DIVORCES, ADOPTIONS, ANNULMENTS ANDCERTAIN BIRTHS

 

432.405     Filingof marriage record or domestic partnership registration; rules

 

432.408     Recordof dissolution of marriage judgment or dissolution of domestic partnershipjudgment; rules

 

432.412     Marriageand divorce records subject to full disclosure; exemption

 

432.415     Reportson adoptions

 

432.420     Accessto adoption records

 

432.430     Dutyto report on child of unknown parentage; rules

 

CANCERAND TUMOR REGISTRY SYSTEM

 

432.500     Definitions

 

432.510     Cancerand tumor registry system; purpose; rulemaking; duties of Oregon HealthAuthority

 

432.520     Reportingrequirement; review of records; special studies

 

432.530     Confidentialityof information

 

432.540     Useof confidential data; rules

 

432.550     Actionfor damages; license; disciplinary action prohibited for good faithparticipation in reporting of data

 

432.570     Norequirement or prohibition regarding operation of separate cancer and tumorregistry

 

PENALTIES

 

432.900     Civilpenalty

 

432.993     Unlawfuluse of vital record or vital report; criminal penalty

 

432.995     Obstructingthe keeping of vital records or vital reports; criminal penalty

 

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

 

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

      (1)“Authority” means the Oregon Health Authority.

      (2)“Dead body” means a human body or such parts of such human body from thecondition of which it reasonably may be concluded that death occurred.

      (3)“Director” means the Director of the Oregon Health Authority.

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

      (5)“Fetal death” means death prior to the complete expulsion or extraction fromits mother of a product of human conception, irrespective of the duration ofpregnancy. The death is indicated by the fact that after such expulsion orextraction the fetus does not breathe or show any other evidence of life suchas beating of the heart, pulsation of the umbilical cord or definite movementof the voluntary muscles.

      (6)“File” means the presentation and acceptance of a vital record or vital reportprovided for in this chapter by the Center for Health Statistics.

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

      (8)“Induced termination of pregnancy” means the purposeful interruption of anintrauterine pregnancy with the intention other than to produce a live-borninfant and that does not result in a live birth.

      (9)“Institution” means any establishment, public or private, that providesinpatient or outpatient medical, surgical or diagnostic care or treatment ornursing, custodial or domiciliary care, or to which persons are committed bylaw.

      (10)“Live birth” means the complete expulsion or extraction from its mother of aproduct of human conception, irrespective of the duration of pregnancy, that,after such expulsion or extraction, breathes or shows any other evidence oflife such as beating of the heart, pulsation of the umbilical cord or definitemovement of voluntary muscles, whether or not the umbilical cord has been cutor 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, whoperforms the duties of a funeral service practitioner without payment; or

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

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

      (13)“Registration” means the process by which vital records and vital reports arecompleted, filed and incorporated into the official records of the Center forHealth 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 collectionof other reports required by this chapter, and activities related theretoincluding the tabulation, analysis, dissemination and publication of vitalstatistics 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 domesticpartnership 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 questionnairedocuments and data related thereto.

      (18)“Vital statistics” means the data derived from certificates and reports ofbirth, death, fetal death, induced termination of pregnancy, marriage,declaration of domestic partnership, dissolution of marriage, dissolution ofdomestic partnership, suicide attempts by persons under 18 years of age andrelated 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; 2007 c.99 §16;2009 c.595 §604]

 

      432.010Center for Health Statistics; standards. (1) The Oregon Health Authority shallestablish the Center for Health Statistics, which shall install, maintain andoperate the system of vital statistics throughout this state in cooperationwith appropriate units of local government. The Center for Health Statisticsshall be responsible for the proper administration of the system of vitalstatistics and for the preservation and security of its official records.

      (2)In order to promote and maintain nationwide uniformity in the system of vitalstatistics, the State Registrar of the Center for Health Statistics may referto the 1992 federal revision of the Model State Vital Statistics Act andRegulations for recommendations regarding the forms of certificates and reportsrequired by this chapter.

      (3)Each certificate, report and other document required by this chapter shall beon 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 bythis chapter may be filed, verified, registered and stored by photographic,electronic or other means as prescribed by the state registrar. [Amended by1983 c.709 §2; 1993 c.324 §2; 1997 c.783 §2; 2009 c.595 §605]

 

      432.015Rules.The State Registrar of the Center for Health Statistics, under the supervisionof the Director of the Oregon Health Authority, in compliance with ORS chapter183, shall adopt rules necessary to the installation and efficient performanceof an adequate system of vital and public health statistics including rules forthe return of evidence affecting delayed certificates, or affecting alterationof a certificate, after the certificate has been filed with the stateregistrar. [Amended by 1961 c.191 §4; 1983 c.709 §3; 1997 c.783 §3; 2009 c.595 §606]

 

      432.020State registrar; appointment. The Director of the Oregon HealthAuthority shall appoint the State Registrar of the Center for Health Statisticswho shall qualify in accordance with standards of education and experience asthe director shall determine. [Amended by 1973 c.829 §34; 1983 c.709 §26; 2009c.595 §607]

 

      432.025Assistant state registrars. The State Registrar of the Center for HealthStatistics, with the approval of the Director of the Oregon Health Authority,may appoint, when necessary, assistant state registrars who shall be assistantsto the state registrar. [Amended by 1983 c.709 §27; 2009 c.595 §608]

 

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

      (a)Under the supervision of the Director of the Oregon Health Authority, havecharge of the Center for Health Statistics.

      (b)Administer and enforce the provisions of this chapter and the rules adoptedpursuant thereto for the efficient administration of the system of vitalstatistics.

      (c)Direct and supervise the system of vital statistics and the Center for HealthStatistics and be custodian of its records.

      (d)Direct, supervise and control the activities of all persons when they areengaged in activities pertaining to the operation of the system of vitalstatistics.

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

      (f)Prescribe, furnish and distribute such forms as are required by this chapterand the rules adopted pursuant thereto or prescribe other means fortransmission of data to accomplish the purpose of complete and accuratereporting and registration.

      (g)Prepare and publish reports of vital statistics of this state and such otherreports as may be required by the Oregon Health Authority.

      (h)Provide to local health agencies such copies of or data derived fromcertificates and reports required under this chapter as the state registrarshall determine are necessary for local health planning and program activities.The state registrar shall establish a schedule with each local health agencyfor transmittal of the copies or data. The copies or data shall remain the propertyof the Center for Health Statistics and the uses that may be made of them shallbe determined by the state registrar.

      (i)Provide local health agencies training and consultation in working with healthdata.

      (2)The state registrar may delegate such functions and duties vested in the stateregistrar to employees of the Center for Health Statistics and to employees ofany office established or designated under ORS 432.035. [Amended by 1975 c.605 §22;1983 c.709 §4; 1997 c.783 §4; 2009 c.595 §609]

 

      432.035County registrars.The State Registrar of the Center for Health Statistics shall designate foreach county a county registrar. In consultation with the state registrar, thecounty registrar may designate one or more deputy county registrars in anycounty. So far as practical, a county health official shall be designatedcounty registrar. [Amended by 1983 c.709 §5; 1985 c.207 §3; 1997 c.783 §5]

 

      432.040Duti