Chapter 432 — Vital
Statistics
2011 EDITION
VITAL
STATISTICS
PUBLIC HEALTH AND SAFETY
VITAL AND PUBLIC HEALTH STATISTICS
SYSTEM; STATE, COUNTY AND LOCAL REGISTRARS
432.005 Definitions
432.010 Center
for Health Statistics; standards
432.015 Rules
432.020 State
registrar; appointment
432.025 Assistant
state registrars
432.030 Duties
of state registrar
432.035 County
registrars
432.040 Duties
of county and local registrars
432.060 Confidentiality
and inadmissibility of information obtained in connection with epidemiologic
morbidity and mortality studies; exceptions; nonliability of informants
432.075 Duty
to furnish information to state registrar; immunity
432.080 Copy
of vital records furnished without charge for use in proceeding on war veteran’s
benefits
432.085 Sale
of birth and death certificate copies; rules
432.090 Issuance
of additional birth certificate; fee; form; distribution of funds received
432.095 Application
of chapter provisions
GENERAL PROVISIONS ON CERTIFICATION AND
RECORDS; FEES
432.105 Procedure
for transmitting and filing certificates
432.115 Form
of records and reports; status; disposition; rules
432.119 Abstracts
of birth and death certificates as public records; limitations
432.121 Disclosure
and certification of records and reports; rules
432.122 Verification
of birth certificate and death records; rules
432.124 Disclosure
of death records filed in conjunction with claims or interests in land
432.130 Compelling
access to records
432.140 Application
for delayed certificates
432.142 Procedure
when application for delayed certificate denied
432.146 Fees
432.165 Death
records
432.180 Certified
copies of vital records or vital reports; evidentiary value; fraud or
misrepresentation
RECORDS OF BIRTHS; CERTIFICATION OF
UNRECORDED BIRTHS; VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
432.206 Compulsory
registration of births; rules; persons required to file
432.230 When
new certificate issued; contents; amendment upon adoption; delayed certificate
432.235 Amendment
of vital record or vital report; rules
432.240 Issuance
of certified copy of certificate of birth to adopted persons; Contact
Preference Form
432.266 Commemorative
Certificate of Stillbirth; rules
432.285 Availability
of voluntary acknowledgment of paternity form; responsibility of health care
facility and parents
432.287 Voluntary
acknowledgment of paternity form; rules; filing; when form is sworn document;
copy to child support agency
432.289 Full
faith and credit
DETERMINATION OF DEATH
432.300 Determination
of death
DEATH CERTIFICATES; BURIAL PERMITS
432.307 Compulsory
filing of death certificates; persons required to file
432.312 Death
certificate fee; use; limitation
432.317 Report
upon receipt of body or fetus; authorization for final disposition; rules
432.327 Extensions
on certificates, reports and permits; rules
432.333 Reports
on fetal deaths
432.337 Status
of reports under ORS 435.496; rules
RECORDS OF MARRIAGES, DOMESTIC
PARTNERSHIPS, DIVORCES, ADOPTIONS, ANNULMENTS AND CERTAIN BIRTHS
432.405 Filing
of marriage record or domestic partnership registration; rules
432.408 Record
of dissolution of marriage judgment or dissolution of domestic partnership
judgment; rules
432.412 Marriage
and divorce records subject to full disclosure; exemption
432.415 Reports
on adoptions
432.420 Access
to adoption records
432.430 Duty
to report on child of unknown parentage; rules
CANCER AND TUMOR REGISTRY SYSTEM
432.500 Definitions
432.510 Cancer
and tumor registry system; purpose; rulemaking; duties of Oregon Health
Authority
432.520 Reporting
requirement; review of records; special studies
432.530 Confidentiality
of information
432.540 Use
of confidential data; rules
432.550 Action
for damages; license; disciplinary action prohibited for good faith
participation in reporting of data
432.570 No
requirement or prohibition regarding operation of separate cancer and tumor
registry
PENALTIES
432.900 Civil
penalty
432.993 Unlawful
use of vital record or vital report; criminal penalty
432.995 Obstructing
the keeping of vital records or vital reports; criminal penalty
VITAL AND PUBLIC HEALTH STATISTICS
SYSTEM; STATE, COUNTY AND LOCAL REGISTRARS
432.005 Definitions.
As used in this chapter, unless the context requires otherwise:
(1)
“Authority” means the Oregon Health Authority.
(2)
“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.
(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 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. [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]
432.010 Center for Health Statistics;
standards. (1) The Oregon Health Authority 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; 2009 c.595 §605]
432.015 Rules.
The State Registrar of the Center for Health Statistics, under the supervision
of the Director of the Oregon Health Authority, 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; 2009 c.595 §606]
432.020 State registrar; appointment.
The Director of the Oregon Health Authority 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; 2009 c.595 §607]
432.025 Assistant state registrars.
The State Registrar of the Center for Health Statistics, with the approval of
the Director of the Oregon Health Authority, may appoint, when necessary,
assistant state registrars who shall be assistants to the state registrar. [Amended
by 1983 c.709 §27; 2009 c.595 §608]
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 the Oregon Health Authority, 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 Oregon Health Authority.
(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; 2009 c.595 §609]
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 Oregon Health Authority,
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 authority,
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 authority.
(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 authority 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 authority 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 authority 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; 2009 c.595 §610]
432.075 Duty to furnish information to state
registrar; immunity. (1) Any person having knowledge
of the facts shall furnish all information the person may possess regarding any
birth, death, fetal death, induced termination of pregnancy, marriage,
dissolution of marriage or suicide attempt by a person under 18 years of age,
upon demand of the State Registrar of the Center for Health Statistics.
(2)
Any person or institution that in good faith provides information required by
this chapter or by rules adopted pursuant thereto shall not be subject to any
action for civil damages. [1983 c.709 §23; 1997 c.783 §6]
432.080 Copy of vital records furnished
without charge for use in proceeding on war veteran’s benefits.
Notwithstanding ORS 432.146, the State Registrar of the Center for Health
Statistics or the county registrar shall furnish, without charge therefor, a
certified copy of a vital record to the United States Department of Veterans
Affairs, the Director of Veterans’ Affairs or any county service officer
appointed under ORS 408.410 when the record is requested by the agency or
officer in connection with, or for use as evidence in, any proceeding involving
a claim based upon war veterans’ benefits. [1985 c.397 §1; 1991 c.67 §114; 1997
c.783 §8]
Note:
432.080 and 432.085 were added to and made a part of ORS chapter 432 by
legislative action but were not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.
432.085 Sale of birth and death certificate
copies; rules. The Oregon Health Authority shall
adopt, taking into consideration local service needs and interests, rules to
allow a county registrar to sell, within six months of the date of the event
occurring in the county, certified copies of birth certificates and death
certificates. [1985 c.397 §2; 1993 c.18 §108; 1997 c.783 §9; 2009 c.595 §611]
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 Oregon Health Authority 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; 2009 c.595 §612]
432.120
[Amended by 1983 c.709 §20; repealed by 1997 c.783 §14 (432.121 enacted in lieu
of 432.120)]
432.121 Disclosure and certification of records
and reports; rules. (1) To protect the integrity of
vital records and vital reports, to ensure their proper use and to ensure the
efficient and proper administration of the system of vital statistics, it shall
be unlawful for any person to permit inspection of, or to disclose information
from vital records or vital reports in the custody of the State Registrar of
the Center for Health Statistics, county registrar or local registrar or to
copy or issue a copy of all or part of any such record or report unless
authorized by this chapter and by rules adopted pursuant thereto or by order of
a court of competent jurisdiction. Rules adopted under this section shall
provide for adequate standards of security and confidentiality of vital records
and vital reports. The state registrar shall adopt rules to ensure that, for
records of dissolution of marriage issued in proceedings under ORS 107.085 or
107.485, Social Security numbers of the parties are kept confidential and
exempt from public inspection.
(2)
The State Registrar of the Center for Health Statistics shall authorize the
inspection, disclosure and copying of the information referred to in subsection
(1) of this section as follows:
(a)
To the subject of the record; spouse, child, parent, sibling or legal guardian
of the subject of the record; an authorized representative of the subject of
the record, spouse, child, parent, sibling or legal guardian of the subject of
the record; and, in the case of death, marriage or divorce records, to other next
of kin.
(b)
When a person demonstrates that a death, marriage or divorce record is needed
for the determination or protection of a personal or property right.
(c)
When 100 years have elapsed after the date of birth or 50 years have elapsed
after the date of death, marriage or divorce.
(d)
When the person requesting the information demonstrates that the person intends
to use the information solely for research purposes. In order to receive the
information, the person must submit a written request to the state registrar
requesting a research agreement. The state registrar shall issue a research
agreement if the person demonstrates that the information will be used only for
research and will be held confidential. The research agreement shall prohibit
the release by the person of any information other than that authorized by the
agreement that might identify any person or institution.
(e)
To the federal agency responsible for national vital statistics, upon request.
The copies or data may be used solely for the conduct of official duties.
Before furnishing the records, reports or data, the state registrar shall enter
into an agreement with the federal agency indicating the statistical or
research purposes for which the records, reports or data may be used. The
agreement shall also set forth the support to be provided by the federal agency
for the collection, processing and transmission of the records, reports or
data. Upon written request of the federal agency, the state registrar may
approve, in writing, additional statistical or research uses of the records,
reports or data supplied under the agreement.
(f)
To federal, state and local governmental agencies, upon request. The copies or
data may be used solely for the conduct of official duties of the requesting
governmental agency.
(g)
To offices of vital statistics outside this state when such records or other
reports relate to residents of those jurisdictions or persons born in those
jurisdictions. Before furnishing the records, reports or data, the state registrar
shall enter into an agreement with the office of vital statistics. The
agreement shall specify the statistical and administrative purposes for which
the records, reports or data may be used and the agreement shall further
provide instructions for the proper retention and disposition of the copies.
Copies received by the Center for Health Statistics from offices of vital
statistics in other states shall be handled in the same manner as prescribed in
this section.
(h)
To an investigator licensed under ORS 703.430, upon request.
(3)
The state registrar, upon request of a family member or legal representative,
shall issue a certified copy or other copy of a death certificate containing
the cause of death information as provided in subsection (2) of this section or
as follows:
(a)
When a person has demonstrated through documented evidence a need for the cause
of death to establish a legal right or claim.
(b)
When the request for the copy is made by or on behalf of an organization that
provides benefits to the decedent’s survivors or beneficiaries.
(4)
Nothing in this section prohibits the release of information or data that would
not identify any person or institution named in a vital record or a vital
report.
(5)
Nothing in this section shall prohibit a health care provider from disclosing
information contained in the provider’s records as otherwise allowed by law.
(6)
Nothing in this section shall be construed to permit disclosure of information
contained in the “Information for Medical and Health Use Only” section of the
birth certificate, fetal death report or the “Information for Statistical
Purposes Only” section or other confidential section of the application,
license and record of marriage or certificate of divorce, unless specifically
authorized by the state registrar for statistical or research purposes. The
data shall not be subject to subpoena or court order and shall not be
admissible before any court, tribunal or judicial body.
(7)
All forms and procedures used in the issuance of certified copies of vital
records and vital reports shall be uniform and provided by or approved by the
state registrar. All certified copies issued shall have security features that
safeguard the document against alteration, counterfeiting, duplication or simulation
without ready detection.
(8)
Each copy issued shall show the date of filing. Copies issued from records
marked “Amended” shall be similarly marked and shall show the effective date of
the amendment. Copies issued from records marked “Delayed” shall be similarly
marked and shall include the date of filing and a description of the evidence
used to establish the delayed certificate.
(9)
Any copy issued of a certificate of foreign birth shall indicate this fact and
show the actual place of birth and the fact that the certificate is not proof
of United States citizenship for an adoptive child.
(10)
Appeals from decisions of the state registrar to refuse to disclose information
or to permit inspection or copying of records as prescribed by this section and
rules adopted pursuant thereto shall be made under ORS chapter 183.
(11)
The state registrar shall adopt rules to implement this section in accordance
with the applicable sections of ORS chapter 183.
(12)
Indexes of deaths, marriages or divorces that list names, dates of events,
county of events or certificate numbers may be disclosed. [1997 c.783 §15
(enacted in lieu of 432.120); 1999 c.254 §1; 1999 c.312 §3; 2001 c.838 §23;
2003 c.380 §8; 2007 c.703 §9]
432.122 Verification of birth certificate
and death records; rules. To protect the integrity of
vital records and to prevent the fraudulent use of birth certificates of
deceased persons, the State Registrar of the Center for Health Statistics is
authorized to match birth and death certificates, in accordance with rules
adopted by the state registrar that require proof beyond a reasonable doubt the
fact of death, and to post the facts of death to the appropriate birth
certificate. Copies issued from birth certificates marked “deceased” shall be
similarly marked. [1983 c.709 §24; 1997 c.783 §18]
432.124 Disclosure of death records filed
in conjunction with claims or interests in land.
Notwithstanding any other provision of law, all death records filed in
conjunction with owning or having a claim or interest in land in the county
that are in the custody of a county clerk or county recording officer are open
and subject to full disclosure. [1999 c.254 §7]
Note:
432.124 was added to and made a part of ORS chapter 432 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
432.125
[Repealed by 1983 c.709 §45]
432.130 Compelling access to records.
Any person who is refused an inspection of any record provided for in this
chapter may proceed in the manner set forth in ORS 183.480 and 183.484 to seek
access to the record. [Amended by 1983 c.709 §25]
432.135
[Amended by 1983 c.709 §9; renumbered 432.142]
432.140 Application for delayed
certificates. (1) When a certificate of birth of a
person born in this state has not been filed within one year after the date of
birth, a delayed certificate of birth may be filed in accordance with rules of
the State Registrar of the Center for Health Statistics. If a hospital fails to
file a certificate of birth within one year after the date of birth, a
certificate of birth may be filed as provided by rule of the state registrar.
No delayed certificate shall be registered until the evidentiary requirements
as specified by rule have been met.
(2)
A certificate of birth registered one year or more after the date of birth
shall be registered on a delayed certificate of birth form and show on its face
the date of filing.
(3)
A summary statement of the evidence submitted in support of the delayed registration
shall be indorsed on the certificate.
(4)(a)
When an applicant does not submit the minimum documentation required by rule of
the state registrar for delayed registration or when the state registrar has
cause to question the validity or adequacy of the applicant’s sworn statement
or the documentary evidence, and if the deficiencies are not corrected, the
state registrar shall not register the delayed certificate of birth and shall
enter an order to that effect stating the reasons for the action. The state
registrar shall advise the applicant of the right to appeal under ORS 183.480
to 183.484.
(b)
The state registrar by rule may provide for the dismissal of an application
which is not actively prosecuted. [Amended by 1983 c.709 §8; 1997 c.783 §19]
432.142 Procedure when application for
delayed certificate denied. (1) If the State Registrar of
the Center for Health Statistics refuses to file a delayed certificate of birth
under the provisions of ORS 432.140, the applicant may file a signed and sworn
petition with a court of competent jurisdiction seeking an order establishing a
record of the date and place of birth and the parentage of the person whose
birth is to be registered.
(2)
The petition shall be made on a form prescribed and furnished or approved by
the state registrar and shall allege:
(a)
That the person for whom a delayed certificate of birth is sought was born in
this state;
(b)
That no certificate of birth of the person can be found in the records of the
Center for Health Statistics;
(c)
That diligent efforts by the petitioner have failed to obtain the evidence
required in accordance with ORS 432.140 and rules adopted pursuant thereto;
(d)
That the state registrar has refused to file a delayed certificate of birth;
and
(e)
Such other allegations as may be required under ORS 183.480 and 183.484.
(3)
The petition shall be accompanied by a statement made in accordance with ORS
432.140 and all documentary evidence which was submitted to the state registrar
in support of the filing.
(4)
The court shall fix a time and place for hearing the petition and shall give
the state registrar notice of the hearing. The state registrar or an authorized
representative may appear and testify in the proceeding.
(5)
If the court finds, from the evidence presented, that the person for whom a
delayed certificate of birth is sought was born in this state, it shall make
findings as to the place and date of birth, parentage and such other findings
as may be required and shall issue an order, on a form prescribed and furnished
or approved by the state registrar, to establish a court-ordered certificate of
birth. This order shall include the birth data to be registered, a description
of the evidence presented and the date of the court’s action.
(6)
The clerk of the court shall forward each order to the state registrar not
later than the 10th day of the calendar month following the month in which it
was entered. The order shall be registered by the state registrar and shall
constitute the certificate of birth. [Formerly 432.135; 1997 c.783 §20]
432.145
[Amended by 1957 c.339 §1; 1971 c.16 §2; 1979 c.696 §1; 1983 c.709 §21;
repealed by 1991 c.245 §1 (432.146 enacted in lieu of 432.145)]
432.146 Fees.
Except as provided in ORS 432.090 and 432.312, subject to the review of the
Oregon Department of Administrative Services, the Oregon Health Authority 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 authority’s budget, as the
budget may be modified by the Emergency Board. [1991 c.245 §2; 1993 c.345 §1;
1997 c.636 §2; 2009 c.595 §613]
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 United States and the child is first removed from the conveyance in
this state, the birth shall be registered in this state and the place where it
is first removed shall be considered the place of birth.
(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 husband’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 husband’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
United States and who was adopted through a court of competent jurisdiction in
this state. The certificate shall be established upon receipt of a report of a
judgment of adoption from the court, proof of the date and place of the person’s
birth, and a request from the court, the adopting parents or the adopted
person, if 18 years of age or over, that such a certificate be prepared. The
certificate shall be labeled “Certificate of Foreign Birth” and shall show the
actual country of birth. A statement shall also be included on the certificate
indicating that it is not evidence of United States citizenship for the person
for whom it is issued. After registration of the birth certificate in the new
name of the adopted person, the state registrar shall seal the report of
adoption, which shall not be subject to inspection except upon order of a court
of competent jurisdiction. [1983 c.709 §11a; 1997 c.783 §24; 2003 c.576 §454]
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 individual’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 applicant’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. [Formerly 432.290; 1997 c.783 §25; 2003 c.576 §455;
2007 c.99 §17; 2007 c.703 §13]
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 Oregon Health Authority 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 person’s sealed file.
The Contact Preference Form shall be placed in the adopted person’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 person’s sealed file is made
and the Contact Preference Form is placed in the adopted person’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; 2009 c.595 §614]
Note: 432.240
was enacted into law but was not added to or made a part of ORS chapter 432 or
any series therein by law. 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 the Oregon
Health Authority 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 child’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 child’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 child’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;
2009 c.595 §615]
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 must 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 before final disposition, and must 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 must be completed and filed in accordance with this
section. The place where the body is found must be shown as the place of death.
If the date of death is unknown, it must be determined by approximation. If the
date cannot be determined by approximation, the date the dead body is found
must be entered and identified as the date of death.
(b)
When death occurs in a moving conveyance:
(A)
In the United States and the body is first removed from the conveyance in this
state, the death must be registered in this state and the place where it is
first removed must be considered the place of death.
(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 must be registered in this state but the certificate must show the actual
place of death insofar as can be determined.
(c)
In all other cases, the place where death is pronounced is 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 must 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 may 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
must be marked “Presumptive” and must 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 must be
registered subject to evidentiary requirements prescribed by the state
registrar by rule 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 must be marked “Delayed” and must 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 applicant’s sworn statement
or the documentary evidence and if the deficiencies are not corrected, the
state registrar may 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 must 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.
(12)
If a decedent’s death was caused by suicide, the person who submits the death
certificate to the county registrar or to the Center for Health Statistics, or
as otherwise directed by the State Registrar of the Center for Health
Statistics, shall make reasonable efforts to ascertain and shall notify the
center through the electronic death certificate system:
(a)
Whether the decedent was a veteran; and
(b)
If the decedent was a veteran, whether the decedent served in combat and, if
so, where the decedent served. [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; 2011 c.407 §1]
432.310
[Amended by 1959 c.629 §32; repealed by 1963 c.200 §6]
432.312 Death certificate fee; use;
limitation. (1) The Oregon Health Authority shall
impose and collect a filing fee of $20 for each certificate of death. Of the
fee, $6 shall be deposited to the credit of the Public Health Account and used
to carry out the purposes of ORS 97.170 (6) and $14 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 (6) and 692.375 may not exceed the funds collected
under subsection (1) of this section, and in no event may 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; 2009 c.132 §1; 2009 c.595 §616; 2009
c.709 §16]
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 Oregon Health Authority.
(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 Oregon.
(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 Oregon Health Authority. 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; 2009
c.595 §617]
432.320
[Repealed by 1963 c.200 §6]
432.325
[Repealed by 1963 c.200 §6]
432.327 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, DOMESTIC
PARTNERSHIPS, DIVORCES, ADOPTIONS, ANNULMENTS AND CERTAIN BIRTHS
432.405 Filing of marriage record or
domestic partnership registration; rules. (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. [Amended by 1983 c.709 §17; 1997 c.783 §35; 2007 c.99 §18]
432.408 Record of dissolution of marriage
judgment or dissolution of domestic partnership judgment; rules.
(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. [1997 c.783
§37; 2003 c.380 §9; 2003 c.576 §456a; 2007 c.99 §19]
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 Canada, and the person is
not a citizen of the United States at the time of birth, the state registrar
shall prepare a certificate of foreign birth as provided by ORS 432.230. If the
person was born in Canada, the state registrar shall forward the report of
adoption, report of annulment of adoption or amendment of a judgment of
adoption to the appropriate registration authority in Canada.
(7)
If the person was born in a foreign country but was a citizen of the United
States at the time of birth, the state registrar shall not prepare a
certificate of foreign birth and shall notify the adoptive parents of the
procedures for obtaining a revised birth certificate for the person through the
United States Department of State. [Amended by 1959 c.430 §2; 1983 c.709 §10;
1997 c.783 §38; 2003 c.576 §457]
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)
“Health care facility” means a hospital, as defined in ORS 442.015, or an ambulatory
surgical center, as defined in ORS 442.015.
(3)
“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; 2009 c.595 §618; 2009 c.792 §35; 2011 c.720 §191]
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 Oregon Health Authority.
(1) The Oregon Health Authority 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 Oregon and to reduce the burden of cancer and benign tumors in Oregon. Such
efforts may include but are not limited to:
(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 state’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 authority 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 authority shall, to
the greatest extent practicable, conform the rules to the standards and
procedures established by the American College of Surgeons Commission on Cancer,
with the goal of achieving uniformity in the collection and reporting of data.
(3)
The authority 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 Oregon.
(4)
The authority 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 authority 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; 2009 c.595 §619]
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 Oregon Health Authority within a time period
and in a format prescribed by the authority. The authority 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 authority, the authority may, after consultation with the health care
facility, elect to activate its reporting service for the facility. When
activated, the authority 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 authority or its authorized representative
for the cost of obtaining and reporting the information.
(2)
Upon application to the authority by a health care facility, the authority
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 authority or its authorized representative within a time period and in a
format prescribed by the authority. Those cases diagnosed or treated at an
Oregon health care facility or previously admitted to an Oregon health care
facility for diagnosis or treatment of that instance of cancer or benign tumors
of the brain and central nervous system shall be considered by the authority to
have been reported by the health care practitioner.
(4)
Any clinical laboratory diagnosing cases of cancer or benign tumors of the
brain and central nervous system shall report each case to the authority or its
authorized representative within a time period and in a format prescribed by
the authority.
(5)
For the purpose of assuring the accuracy and completeness of reported data, the
authority 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 authority may conduct special studies of cancer morbidity and mortality. As
part of such studies, registry personnel may obtain additional information that
applies to a patient’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 patient’s medical record. Neither the authority
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; 2009 c.595 §620]
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
Oregon Health Authority 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; 2009 c.595 §621]
Note: See
note under 432.500.
432.540 Use of confidential data; rules.
(1) The Oregon Health Authority 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 authority 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 Oregon residents diagnosed or treated in
other states and to provide information to other states regarding the residents
of other states diagnosed or treated in Oregon. Prior to providing information
to any other registry, the authority shall ensure that the recipient registry
has comparable confidentiality protections. [1995 c.585 §6; 2003 c.269 §6; 2009
c.595 §622]
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 the Oregon Health Authority 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 amounts 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; 2009 c.595 §623; 2011 c.597
§195]
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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