65-2422d. Disclosure of records; disclosure of child birth information; monthly reports of deceased residents to county election officers; section not applicable to certain records created prior to Ju
65-2422d
65-2422d. Disclosure of records; disclosure of childbirth information; monthly reports ofdeceased residents to county election officers; section not applicable tocertain records created prior to July 1, 1911; social security number,availability; fact of death information.(a) The records and files of the division of health pertaining to vitalstatistics shall be open to inspection, subject to the provisions of thisact and rules and regulations of the secretary. It shall be unlawful for anyofficer or employee of the state to disclose data contained in vitalstatistical records, except as authorized by this act and the secretary, andit shall be unlawful for anyone who possesses, stores or in any way handlesvital statistics records under contract with the state to disclose any datacontained in the records, except as authorized by law.
(b) No information concerning the birth of a child shall be disclosed ina manner that enables determination that the child was born out of wedlock,except upon order of a court in a case where the information is necessaryfor the determination of personal or property rights and then only for thatpurpose, or except that employees of the office of child support enforcementof the federal department of health and human services shall be providedinformation when the information is necessary to ensure compliance withfederal reporting and audit requirements pursuant to title IV-D of the federalsocial security act or except that the secretary of social and rehabilitationservices or the secretary's designee performing child support enforcementfunctions pursuant to title IV-D of the federal social security act shall beprovided information and copies of birth certificates when the information isnecessary to establish parentage in legal actions or to ensure compliance withfederal reporting and audit requirements pursuant to title IV-D of the federalsocial security act. Nothing in this subsection shall be construed asexemptingsuch employees of the federal department of health and human services or thesecretary of social and rehabilitation services or the secretary's designeefrom the fees prescribed by K.S.A. 65-2418,and amendments thereto.
(c) Except as provided in subsection (b), and amendments thereto, thestate registrar shall not permit inspection of the records or issue a certifiedcopy or abstract of a certificate or part thereof unless the state registrar issatisfied the applicant therefor has a direct interest in the matter recordedand the information contained in the record is necessary for the determinationof personal or property rights. The state registrar's decision shall besubject, however, to review by the secretary or by a court in accordance withthe act for judicial review and civil enforcement of agency actions, subject tothe limitations of this section.
(d) The secretary shall permit the use of data contained in vitalstatistical records for research purposes only, but no identifying use of themshall be made.
(e) Subject to the provisions of this section the secretary may directthe state registrar to release birth, death and stillbirth certificate datato federal, state or municipal agencies.
(f) On or before the 20th day of each month, the state registrar shallfurnish to the county election officer of each county and the clerk of thedistrict court in each county, without charge, alist of deceased residents of the county who were at least 18 years of ageand for whom death certificates have been filed in the office of the stateregistrar during the preceding calendar month. The list shall include thename, age or date of birth, address and date of death of each of thedeceased persons and shall be used solely by the election officer for thepurpose of correcting records of their officesand by the clerk of the district court in each county for the purpose ofcorrecting juror information for such county. Information provided under thissubsection to the clerk of the district court shall be considered confidentialand shall not be disclosed to the public. The provisions of subsection (b) ofK.S.A. 45-229, and amendments thereto, shall not apply to the provisions ofthis subsection.
(g) No person shall prepare or issue any certificate which purports to be anoriginal, certified copy or abstract or copy of a certificate of birth, deathor fetal death, except as authorized in this act or rules and regulationsadopted under this act.
(h) Records of births, deaths or marriages which are not in the custodyof the secretary of health and environment and which were created beforeJuly 1, 1911, pursuant to chapter 129 of the 1885 Session Laws of Kansas,and any copies of such records, shall be open to inspection by any personand the provisions of this section shall not apply to such records.
(i) Social security numbers furnished pursuant to K.S.A. 65-2409a andamendments thereto shall only be used as permitted by title IV-D of the federalsocial security act and amendments thereto or as permitted by section 7(a) ofthe federal privacy act of 1974 and amendments thereto. The secretary shallmake social security numbers furnished pursuant to K.S.A. 65-2409a andamendments thereto available to the department of social and rehabilitationservices for purposes permitted under title IV-D of the federalsocial security act.
(j) Fact of death information may be disseminated to state and federalagencies administering benefit programs. Such information shall be used forfile clearance purposes only.
History: L. 1951, ch. 355, § 22;L. 1963, ch. 319, § 6;L. 1972, ch. 233, § 1;L. 1974, ch. 352, § 129;L. 1985, ch. 114, § 28;L. 1986, ch. 318, § 92;L. 1987, ch. 241, § 1;L. 1990, ch. 227, § 1;L. 1995, ch. 260, § 5;L. 2002, ch. 160, § 4;L. 2004, ch. 138, § 1;L. 2007, ch. 10, § 1; July 1.