102175-102249
HEALTH AND SAFETY CODE
SECTION 102175-102249
102175. The director shall be the State Registrar of Vital
Statistics.
102180. The State Registrar is charged with the execution of this
part in this state, and has supervisory power over local registrars,
so that there shall be uniform compliance with all of the
requirements of this part.
102185. The State Registrar may investigate cases of irregularity
or violations of this part.
102190. When the State Registrar deems it necessary, he or she
shall report cases of violation of any of the provisions of this part
to the district attorney of the county where the violation occurred,
with a statement of the facts and circumstances; and the district
attorney shall forthwith initiate and promptly follow up with the
necessary court proceedings.
102195. The Attorney General shall assist in the enforcement of
this part upon request of the State Registrar.
102200. The State Registrar shall prescribe and furnish all record
forms for use in carrying out the purposes of this part, or shall
prescribe the format, quality, and content of forms electronically
produced in each county, and no record forms or formats other than
those prescribed shall be used.
102205. The State Registrar shall prepare and issue detailed
instructions as may be required to procure the uniform observance of
this part and the maintenance of a satisfactory system of
registration.
102210. The State Registrar shall establish registration districts
within the State for the purposes of this part.
102215. The State Registrar of Vital Statistics may call into
conference the local registrars or their chief deputies, in groups
and at places within the state as may be designated by him or her, to
meet with him or her or his or her duly authorized representatives,
for the purpose of discussing problems dealing with registration of
births, fetal deaths, deaths, and marriages, in order to promote
uniformity of policy and procedure throughout the state in matters
pertaining to vital registration; provided further, that the actual
and necessary expenses incident to attendance at not more than one
such meeting per year shall with the prior approval of the local
legislative body be a legal charge against the local governmental
unit.
102220. The State Registrar shall carefully examine the
certificates received from the local registrars of births, deaths,
and fetal deaths, and if they are incomplete or unsatisfactory shall
require any further information that may be necessary to make the
record complete and satisfactory.
102225. The State Registrar shall carefully examine the marriage
certificates received from the county recorders, and if they are
incomplete or unsatisfactory shall require any further information
that may be necessary to make the record complete and satisfactory.
Any certificates that are determined to be incomplete or
unsatisfactory shall be returned to the county recorder within 90
days after receipt by the State Registrar. If a certificate is not
returned to the county recorder within 90 days, the State Registrar
shall register the certificate as presented.
102230. (a) (1) The State Registrar shall arrange and permanently
preserve the certificates in a systematic manner and shall prepare
and maintain comprehensive and continuous indices of all certificates
registered.
(2) The birth, death, and marriage record indices prepared
pursuant to paragraph (1) and all comprehensive birth, death, and
marriage record indices prepared or maintained by local registrars
and county recorders shall be kept confidential and shall be exempt
from disclosure under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
(3) Notwithstanding paragraph (2), the State Registrar, at his or
her discretion, may release comprehensive birth, death, and
nonconfidential marriage record indices to a government agency. Local
registrars and county recorders, when requested, shall release their
comprehensive birth, death, and marriage record indices to the State
Registrar. A government agency that obtains indices pursuant to this
paragraph shall not sell or release the index or a portion of its
contents to another person except as necessary for official
government business and shall not post the indices or any portion
thereof on the Internet.
(b) (1) The State Registrar shall prepare and maintain separate
noncomprehensive indices of all California birth, death, and
nonconfidential marriage records for public release.
(2) For purposes of this section, noncomprehensive birth record
indices for public release shall be comprised of first, middle, and
last name, sex, date of birth, and place of birth.
(3) For purposes of this section, noncomprehensive death record
indices for public release shall be comprised of first, middle, and
last name, sex, date of birth, place of birth, place of death, date
of death, and father's last name.
(4) For purposes of this section, noncomprehensive nonconfidential
marriage record indices for public release shall be comprised of the
name of each party to the marriage and the date of marriage.
(5) Requesters of the birth, death, or nonconfidential marriage
record indices prepared pursuant to this subdivision shall provide
proof of identity, complete a form, and sign the form under penalty
of perjury. The form shall include all of the following:
(A) The proposed use of the birth, death, or nonconfidential
marriage record indices.
(B) A disclaimer crediting analyses, interpretations, or
conclusions reached regarding the birth, death, or nonconfidential
marriage record indices to the author and not to the State Department
of Public Health.
(C) Assurance that technical descriptions of the birth, death, or
nonconfidential marriage record indices are consistent with those
provided by the State Department of Public Health.
(D) Assurance that the requester shall not sell, assign, or
otherwise transfer the birth, death, or nonconfidential marriage
record indices.
(E) Assurance that the requester shall not use the birth or death
record indices for fraudulent purposes.
(6) Birth, death, and nonconfidential marriage record indices
obtained pursuant to this subdivision, and any portion thereof, shall
not be used for fraudulent purposes.
(c) (1) The State Registrar shall prepare and maintain separate
noncomprehensive indices of all California birth, death, and
nonconfidential marriage records for purposes of law enforcement or
preventing fraud.
(2) For purposes of this section, noncomprehensive birth record
indices for the purpose of preventing fraud shall be comprised of
first, middle, and last name, sex, date of birth, place of birth, and
mother's maiden name.
(3) For purposes of this section, noncomprehensive death record
indices for the purpose of preventing fraud shall be comprised of
first, middle, and last name, place of death, mother's maiden name,
sex, social security number, date of birth, place of birth, date of
death, and father's last name.
(4) For purposes of this section, noncomprehensive
nonconfidential marriage record indices for the purpose of preventing
fraud shall be comprised of the name of each party to the marriage
and the date of marriage.
(5) The birth, death, and nonconfidential marriage record indices
prepared pursuant to this subdivision shall be made available to
financial institutions, as defined in Section 6827(4)(A) and (B) of
Title 15 of the United States Code, its representatives or
contractors, consumer credit reporting agencies, as defined in
subdivision (d) of Section 1785.3 of the Civil Code, its
representatives or contractors, those entities providing information
services for purposes of law enforcement or preventing fraud,
officers of the court for the sole purpose of verifying a death, and
to persons or entities acting on behalf of law enforcement agencies
or the court, or pursuant to a court order.
(6) The birth, death, and nonconfidential marriage record indices
prepared pursuant to this subdivision may be released to a government
agency.
(7) Requesters of the birth, death, or nonconfidential marriage
record indices prepared pursuant to this subdivision shall provide
proof of identity, complete a form, and sign the form under penalty
of perjury. The form shall include all of the following:
(A) An agreement not to release or allow public access to the
birth, death, or nonconfidential marriage record indices, and an
agreement not to post the indices on the Internet, except as
permitted by this subdivision.
(B) The proposed use of the birth, death, or nonconfidential
marriage record indices.
(C) The names of all persons within the organization, if
applicable, who will have access to the birth, death, or
nonconfidential marriage record indices.
(D) A disclaimer crediting analyses, interpretations, or
conclusions reached regarding the birth, death, or nonconfidential
marriage record indices to the author and not to the State Department
of Public Health.
(E) Assurance that technical descriptions of the birth, death, or
nonconfidential marriage record indices are consistent with those
provided by the State Department of Public Health.
(F) Assurance that the requester shall not sell, assign, or
otherwise transfer the birth, death, or nonconfidential marriage
record indices, except as permitted by this subdivision.
(G) Assurance that the requester shall not use the birth, death,
or nonconfidential marriage record indices for fraudulent purposes.
(8) (A) Birth, death, and nonconfidential marriage record indices,
and any portion thereof, obtained pursuant to this section, shall
not be used for fraudulent purposes and shall not be posted on the
Internet.
(B) Notwithstanding subparagraph (A), individual information
contained in birth, death, and nonconfidential marriage record
indices may be posted on the Internet if all of the following
requirements are met:
(i) The individual information is posted on an Internet Web site
that is protected by a password.
(ii) The individual information is posted on an Internet Web site
that is available to subscribers only for a fee.
(iii) The individual information is not posted for public display.
(iv) The individual information is available to subscribers
pursuant to a contractual agreement.
(v) The individual information is posted for purposes of law
enforcement or preventing fraud.
(d) Mail-in requests from nongovernmental agencies for birth,
death, and nonconfidential marriage record indices requested pursuant
to subdivisions (b) and (c) shall include a notarized statement
attesting to the identity of the requester.
(e) Noncomprehensive birth, death, and nonconfidential marriage
record indices pursuant to subdivisions (b) and (c) shall be updated
annually.
(f) Birth, death, and nonconfidential marriage record indices
provided pursuant to this section shall be made available subject to
cost recovery provisions of the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code).
(g) Noncomprehensive birth, death, and nonconfidential marriage
record indices created by local registrars or county recorders shall
be subject to the conditions for release required by this section.
(h) A person or entity that obtains a birth, death, or
nonconfidential marriage record index, or any portion thereof, from a
requester who has obtained the index in accordance with paragraph
(7) of subdivision (c) shall not sell, assign, or otherwise transfer
that index, or any portion thereof, to a third party.
(i) Paragraphs (2) and (3) of subdivision (a) and subdivisions (b)
to (h), inclusive, shall be implemented only to the extent that
funds for these purposes are appropriated by the Legislature in the
annual Budget Act or other statute.
102231. (a) Notwithstanding any other law, birth data files, birth
data files for public release, death data files for public release,
death data files for purposes of law enforcement or preventing fraud,
and nonconfidential marriage data files prepared and maintained by
the State Registrar, local registrars, and county recorders shall
only be released as follows:
(1) Birth data files containing personal identifiers shall be
subject to the same restrictions as the confidential portion of a
birth certificate and shall only be released under the terms and
conditions specified in Section 102430.
(2) Birth data files for public release shall not contain the
mothers' maiden name.
(3) Death data files for public release shall not contain the
mothers' maiden name and social security number.
(4) Death data files for purposes of law enforcement or preventing
fraud shall include the mother's maiden name and social security
number. Death data files prepared pursuant to this subdivision may be
released to governmental agencies and to those entities described in
paragraph (5) of subdivision (c) of Section 102230.
(5) Death data files containing personal identifying information
may be released to persons expressing a valid scientific interest, as
determined by the appropriate committee constituted for the
protection of human subjects that is approved by the United States
Department of Health and Human Services and has a general assurance
pursuant to Part 46 (commencing with Section 46.101) of Title 45 of
the Code of Federal Regulations.
(6) Nonconfidential marriage data files shall include the name of
each party to the marriage and the date of the marriage.
Nonconfidential marriage data files for public release shall not
contain the maiden names of the mothers.
(b) Requesters of birth, death, and nonconfidential marriage data
files pursuant to this section shall provide proof of identity,
complete a form, and sign the form under penalty of perjury. The form
shall include all of the following:
(1) An agreement not to release the birth, death, or marriage data
files and not to post the files on the Internet, except as permitted
by this subdivision.
(2) An agreement not to provide public access to data files
obtained pursuant to paragraphs (1) and (4) of subdivision (a).
(3) The proposed use of the data file.
(4) For data files obtained pursuant to paragraphs (1) and (4) of
subdivision (a), the names of all persons within the organization, if
applicable, who will have access to the data files.
(5) A disclaimer that credits analyses, interpretations, or
conclusions reached regarding the birth or death data files to the
author and not to the State Department of Public Health.
(6) Assurance that technical descriptions of the data files are
consistent with those provided by the State Department of Public
Health.
(7) Assurance that the requester shall not sell, assign, or
otherwise transfer the data files, except as permitted by subdivision
(e).
(8) Assurance that the requester shall not use the data files for
fraudulent purposes.
(c) Mail-in requests for birth, death, and nonconfidential
marriage data files pursuant to this section shall include a
notarized statement attesting to the identity of the requester.
(d) Birth, death, and nonconfidential marriage data files provided
pursuant to this section shall be made available subject to cost
recovery provisions of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
(e) (1) Birth, death, and nonconfidential marriage data files, and
any portion thereof, obtained pursuant to this section, shall not be
used for fraudulent purposes and shall not be posted on the
Internet.
(2) Notwithstanding paragraph (1), individual information
contained in death data files obtained pursuant to paragraph (4) of
subdivision (a) may be posted on the Internet if all of the following
requirements are met:
(A) The information is posted on an Internet Web site that is
protected by a password.
(B) The information is posted on an Internet Web site that is
available to subscribers only for a fee.
(C) The information is not posted for public display.
(D) The information is available to subscribers pursuant to a
contractual agreement.
(E) The information is posted for purposes of law enforcement or
preventing fraud.
(f) A person or entity that obtains a birth, death, or
nonconfidential marriage data file, or any portion thereof, from a
requester who has obtained the data file in accordance with
subdivision (b) shall not sell, assign, or otherwise transfer that
data file, or any portion thereof, to a third party.
(g) This section shall be implemented only to the extent that
funds for these purposes are appropriated by the Legislature in the
annual Budget Act or other statute.
102232. (a) (1) Any person who violates Section 102230 or 102231
may be denied further access to the indices or data files maintained
by the department.
(2) Any person who violates Section 102230 or 102231 is guilty of
a misdemeanor and shall be punished by imprisonment in the county
jail for a period not to exceed one year, or a fine of one thousand
dollars ($1,000), or by both the imprisonment and fine, for each
violation.
(3) The penalties described in paragraphs (1) and (2) shall not be
construed to limit any other remedies provided by law.
(b) Notwithstanding Section 126 of the Penal Code, the crime of
perjury specified in paragraph (4) of subdivision (b) of Section
102230, paragraph (6) of subdivision (c) of Section 102230, and
subdivision (b) of Section 102231, shall be punishable as a
misdemeanor.
(c) Paragraph (1) of subdivision (a) shall be implemented only to
the extent that funds for these purposes are appropriated by the
Legislature in the annual Budget Act or other statute.
102235. Notwithstanding any other provisions of law relating to
retention of public records, the State Registrar may cause the
original records of birth, death and marriage filed under this part
to be destroyed if all of the following requirements have been met:
(a) One year has elapsed since the date of registration of the
records.
(b) The birth, death, or marriage records have been reproduced
onto microfilm or optical disk or by any other technique that does
not permit additions, deletions, or changes to the original document
in compliance with Section 12168.7 for recording of permanent records
or nonpermanent records.
(c) Adequate provisions are made that the permanent storage medium
reflects additions or corrections to the records.
(d) A permanent copy is maintained in a manner that permits it to
be used for all purposes served by the original record.
(e) A permanent copy has been stored at a separate physical
location in a place and manner that will reasonably assure its
preservation indefinitely against loss or destruction.
102240. Any certified photographic reproduction of any record
stored on a permanent storage medium under this chapter shall be
deemed to be a certification of the original record.
102245. On and after January 1, 1978, whenever the State Registrar
receives a death certificate from a local registrar, the State
Registrar shall determine whether the state records contain the birth
certificate of the deceased or a reproduction thereof as authorized
under this chapter. If the State Registrar has such a record of
birth, it shall be revised to indicate the date of the death of the
registrant, or, alternatively, a notation to that effect shall be
entered in the State Registrar's index of births adjacent to the name
of the deceased. The State Registrar, pursuant to an ongoing
program, shall distribute, without charge, on a monthly basis to each
county, a list of deceased registrants to enable local registrars
and recorders to update their files. Upon receipt of such a list the
local registrar or county recorder shall revise the local records or
indexes accordingly.
Subject to the availability of funds appropriated for that
purpose, the State Registrar may similarly revise or index birth
records of registrants whose death certificates were filed prior to
January 1, 1978.
102247. (a) There is hereby created in the State Treasury the
Health Statistics Special Fund. The fund shall consist of revenues,
including, but not limited to, all of the following:
(1) Fees or charges remitted to the State Registrar for record
search or issuance of certificates, permits, registrations, or other
documents pursuant to Chapter 3 (commencing with Section 26801) of
Part 3 of Division 2 of Title 3 of the Government Code, and Chapter 4
(commencing with Section 102525), Chapter 5 (commencing with Section
102625), Chapter 8 (commencing with Section 103050), and Chapter 15
(commencing with Section 103600) of Part 1 of Division 102.
(2) Funds remitted to the State Registrar by the federal Social
Security Administration for participation in the enumeration at birth
program.
(3) Funds remitted to the State Registrar by the National Center
for Health Statistics pursuant to the federal Vital Statistics
Cooperative Program.
(4) Any other funds collected by the State Registrar, except
Children's Trust Fund fees collected pursuant to Section 18966 of the
Welfare and Institutions Code, Umbilical Cord Blood Collection
Program Fund fees collected pursuant to Section 1628, fees allocated
to the Judicial Council pursuant to Section 1852 of the Family Code,
and fees collected pursuant to Section 103645, all of which shall be
deposited into the General Fund.
(b) Moneys in the Health Statistics Special Fund shall be expended
by the State Registrar for the purpose of funding its existing
programs and programs that may become necessary to carry out its
mission, upon appropriation by the Legislature.
(c) Health Statistics Special Fund moneys shall be expended only
for the purposes set forth in this section and Section 102249, and
shall not be expended for any other purpose or for any other state
program.
(d) It is the intent of the Legislature that the Health Statistics
Special Fund provide for the following:
(1) Registration and preservation of vital event records and
dissemination of vital event information to the public.
(2) Data analysis of vital statistics for population projections,
health trends and patterns, epidemiologic research, and development
of information to support new health policies.
(3) Development of uniform health data systems that are
integrated, accessible, and useful in the collection of information
on health status.
(e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
102247. (a) There is hereby created in the State Treasury the
Health Statistics Special Fund. The fund shall consist of revenues,
including, but not limited to, all of the following:
(1) Fees or charges remitted to the State Registrar for record
search or issuance of certificates, permits, registrations, or other
documents pursuant to Chapter 3 (commencing with Section 26801) of
Part 3 of Division 2 of Title 3 of the Government Code, and Chapter 4
(commencing with Section 102525), Chapter 5 (commencing with Section
102625), Chapter 8 (commencing with Section 103050), and Chapter 15
(commencing with Section 103600) of Part 1 of Division 102.
(2) Funds remitted to the State Registrar by the federal Social
Security Administration for participation in the enumeration at birth
program.
(3) Funds remitted to the State Registrar by the National Center
for Health Statistics pursuant to the federal Vital Statistics
Cooperative Program.
(4) Any other funds collected by the State Registrar, except
Children's Trust Fund fees collected pursuant to Section 18966 of the
Welfare and Institutions Code, fees allocated to the Judicial
Council pursuant to Section 1852 of the Family Code, and fees
collected pursuant to Section 103645, all of which shall be deposited
into the General Fund.
(b) Moneys in the Health Statistics Special Fund shall be expended
by the State Registrar for the purpose of funding its existing
programs and programs that may become necessary to carry out its
mission, upon appropriation by the Legislature.
(c) Health Statistics Special Fund moneys shall be expended only
for the purposes set forth in this section and Section 102249, and
shall not be expended for any other purpose or for any other state
program.
(d) It is the intent of the Legislature that the Health Statistics
Special Fund provide for the following:
(1) Registration and preservation of vital event records and
dissemination of vital event information to the public.
(2) Data analysis of vital statistics for population projections,
health trends and patterns, epidemiologic research, and development
of information to support new health policies.
(3) Development of uniform health data systems that are
integrated, accessible, and useful in the collection of information
on health status.
(e) This section shall become operative on January 1, 2018.
102249. (a) The State Registrar shall expend funds in the Health
Statistics Special Fund, upon appropriation by the Legislature, for
all of the following:
(1) Support existing programs within the State Registrar's office.
(2) Implement and support new programs within the State Registrar'
s office that meet its goals and objectives.
(3) Build a data system that will support policy analysis and
program decisions at all levels, be useful to health care providers,
local and community agencies, and the state, and ultimately benefit
consumers of health care services.
(4) Develop and maintain public health data bases.
(5) Access and analyze data in order to develop and evaluate
California's health policy.
(6) Conduct special studies and prepare statistical reports
concerning the health status of Californians.
(7) Develop and maintain an automation system for vital event
registration.
(8) Disseminate vital event information and statistical reports to
the public.
(b) This section shall become operative on July 1, 1995.