ORS Chapter 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