ORS Chapter 432
Chapter 432 — VitalStatistics
2009 EDITION
VITALSTATISTICS
PUBLICHEALTH AND SAFETY
VITALAND PUBLIC HEALTH STATISTICS SYSTEM; STATE, COUNTY AND LOCAL REGISTRARS
432.005 Definitions
432.010 Centerfor Health Statistics; standards
432.015 Rules
432.020 Stateregistrar; appointment
432.025 Assistantstate registrars
432.030 Dutiesof state registrar
432.035 Countyregistrars
432.040 Dutiesof county and local registrars
432.060 Confidentialityand inadmissibility of information obtained in connection with epidemiologicmorbidity and mortality studies; exceptions; nonliability of informants
432.075 Dutyto furnish information to state registrar; immunity
432.080 Copyof vital records furnished without charge for use in proceeding on war veteran’sbenefits
432.085 Saleof birth and death certificate copies; rules
432.090 Issuanceof additional birth certificate; fee; form; distribution of funds received
432.095 Applicationof chapter provisions
GENERALPROVISIONS ON CERTIFICATION AND RECORDS; FEES
432.105 Procedurefor transmitting and filing certificates
432.115 Formof records and reports; status; disposition; rules
432.119 Abstractsof birth and death certificates as public records; limitations
432.121 Disclosureand certification of records and reports; rules
432.122 Verificationof birth certificate and death records; rules
432.124 Disclosureof death records filed in conjunction with claims or interests in land
432.130 Compellingaccess to records
432.140 Applicationfor delayed certificates
432.142 Procedurewhen application for delayed certificate denied
432.146 Fees
432.165 Deathrecords
432.180 Certifiedcopies of vital records or vital reports; evidentiary value; fraud ormisrepresentation
RECORDSOF BIRTHS; CERTIFICATION OF UNRECORDED BIRTHS; VOLUNTARY ACKNOWLEDGMENT OFPATERNITY
432.206 Compulsoryregistration of births; rules; persons required to file
432.230 Whennew certificate issued; contents; amendment upon adoption; delayed certificate
432.235 Amendmentof vital record or vital report; rules
432.240 Issuanceof certified copy of certificate of birth to adopted persons; ContactPreference Form
432.266 CommemorativeCertificate of Stillbirth; rules
432.285 Availabilityof voluntary acknowledgment of paternity form; responsibility of health carefacility and parents
432.287 Voluntaryacknowledgment of paternity form; rules; filing; when form is sworn document;copy to child support agency
432.289 Fullfaith and credit
DETERMINATIONOF DEATH
432.300 Determinationof death
DEATHCERTIFICATES; BURIAL PERMITS
432.307 Compulsoryfiling of death certificates; persons required to file
432.312 Deathcertificate fee; use; limitation
432.317 Reportupon receipt of body or fetus; authorization for final disposition; rules
432.327 Extensionson certificates, reports and permits; rules
432.333 Reportson fetal deaths
432.337 Statusof reports under ORS 435.496; rules
RECORDSOF MARRIAGES, DOMESTIC PARTNERSHIPS, DIVORCES, ADOPTIONS, ANNULMENTS ANDCERTAIN BIRTHS
432.405 Filingof marriage record or domestic partnership registration; rules
432.408 Recordof dissolution of marriage judgment or dissolution of domestic partnershipjudgment; rules
432.412 Marriageand divorce records subject to full disclosure; exemption
432.415 Reportson adoptions
432.420 Accessto adoption records
432.430 Dutyto report on child of unknown parentage; rules
CANCERAND TUMOR REGISTRY SYSTEM
432.500 Definitions
432.510 Cancerand tumor registry system; purpose; rulemaking; duties of Oregon HealthAuthority
432.520 Reportingrequirement; review of records; special studies
432.530 Confidentialityof information
432.540 Useof confidential data; rules
432.550 Actionfor damages; license; disciplinary action prohibited for good faithparticipation in reporting of data
432.570 Norequirement or prohibition regarding operation of separate cancer and tumorregistry
PENALTIES
432.900 Civilpenalty
432.993 Unlawfuluse of vital record or vital report; criminal penalty
432.995 Obstructingthe keeping of vital records or vital reports; criminal penalty
VITALAND PUBLIC HEALTH STATISTICS SYSTEM; STATE, COUNTY AND LOCAL REGISTRARS
432.005Definitions.As used in this chapter, unless the context requires otherwise:
(1)“Authority” means the Oregon Health Authority.
(2)“Dead body” means a human body or such parts of such human body from thecondition of which it reasonably may be concluded that death occurred.
(3)“Director” means the Director of the Oregon Health Authority.
(4)“Divorce” means dissolution of a marriage.
(5)“Fetal death” means death prior to the complete expulsion or extraction fromits mother of a product of human conception, irrespective of the duration ofpregnancy. The death is indicated by the fact that after such expulsion orextraction the fetus does not breathe or show any other evidence of life suchas beating of the heart, pulsation of the umbilical cord or definite movementof the voluntary muscles.
(6)“File” means the presentation and acceptance of a vital record or vital reportprovided for in this chapter by the Center for Health Statistics.
(7)“Final disposition” means the burial, interment, cremation, removal from thestate or other authorized disposition of a dead body or fetus, except that whenremoval from the state is conducted by the holder of a certificate of removalregistration issued under ORS 692.270, the final disposition may not beconsidered complete until the certificate of death is filed.
(8)“Induced termination of pregnancy” means the purposeful interruption of anintrauterine pregnancy with the intention other than to produce a live-borninfant and that does not result in a live birth.
(9)“Institution” means any establishment, public or private, that providesinpatient or outpatient medical, surgical or diagnostic care or treatment ornursing, custodial or domiciliary care, or to which persons are committed bylaw.
(10)“Live birth” means the complete expulsion or extraction from its mother of aproduct of human conception, irrespective of the duration of pregnancy, that,after such expulsion or extraction, breathes or shows any other evidence oflife such as beating of the heart, pulsation of the umbilical cord or definitemovement of voluntary muscles, whether or not the umbilical cord has been cutor the placenta is attached.
(11)“Person acting as a funeral service practitioner” means:
(a)A person other than a funeral service practitioner licensed under ORS 692.045,including but not limited to a relative, friend or other interested party, whoperforms the duties of a funeral service practitioner without payment; or
(b)A funeral service practitioner who files death certificates in another state ifthe funeral service practitioner is employed by a funeral establishment licensedin another state and registered with the State Mortuary and Cemetery Boardunder ORS 692.270.
(12)“Physician” means a person authorized or licensed under the laws of this stateto practice medicine, osteopathy, chiropractic or naturopathic medicine.
(13)“Registration” means the process by which vital records and vital reports arecompleted, filed and incorporated into the official records of the Center forHealth Statistics.
(14)“State registrar” means the State Registrar of the Center for Health Statistics.
(15)“System of vital statistics” means the registration, collection, preservation,amendment and certification of vital records and vital reports; the collectionof other reports required by this chapter, and activities related theretoincluding the tabulation, analysis, dissemination and publication of vitalstatistics and training in the use of health data.
(16)“Vital records” means certificates or reports of birth, death, marriage,declaration of domestic partnership, dissolution of marriage or domesticpartnership and data related thereto.
(17)“Vital reports” means reports of fetal death, induced termination of pregnancy,suicide attempts by persons under 18 years of age and survey and questionnairedocuments and data related thereto.
(18)“Vital statistics” means the data derived from certificates and reports ofbirth, death, fetal death, induced termination of pregnancy, marriage,declaration of domestic partnership, dissolution of marriage, dissolution ofdomestic partnership, suicide attempts by persons under 18 years of age andrelated reports. [Subsections (1) and (2) enacted as 1973 c.829 §15; 1983 c.709§1; 1997 c.783 §1; 1999 c.254 §4; 1999 c.724 §7; 2001 c.900 §154; 2007 c.99 §16;2009 c.595 §604]
432.010Center for Health Statistics; standards. (1) The Oregon Health Authority shallestablish the Center for Health Statistics, which shall install, maintain andoperate the system of vital statistics throughout this state in cooperationwith appropriate units of local government. The Center for Health Statisticsshall be responsible for the proper administration of the system of vitalstatistics and for the preservation and security of its official records.
(2)In order to promote and maintain nationwide uniformity in the system of vitalstatistics, the State Registrar of the Center for Health Statistics may referto the 1992 federal revision of the Model State Vital Statistics Act andRegulations for recommendations regarding the forms of certificates and reportsrequired by this chapter.
(3)Each certificate, report and other document required by this chapter shall beon a form or in a format prescribed by the state registrar.
(4)All vital records shall contain the date of filing.
(5)Information required in certificates, forms, records or reports authorized bythis chapter may be filed, verified, registered and stored by photographic,electronic or other means as prescribed by the state registrar. [Amended by1983 c.709 §2; 1993 c.324 §2; 1997 c.783 §2; 2009 c.595 §605]
432.015Rules.The State Registrar of the Center for Health Statistics, under the supervisionof the Director of the Oregon Health Authority, in compliance with ORS chapter183, shall adopt rules necessary to the installation and efficient performanceof an adequate system of vital and public health statistics including rules forthe return of evidence affecting delayed certificates, or affecting alterationof a certificate, after the certificate has been filed with the stateregistrar. [Amended by 1961 c.191 §4; 1983 c.709 §3; 1997 c.783 §3; 2009 c.595 §606]
432.020State registrar; appointment. The Director of the Oregon HealthAuthority shall appoint the State Registrar of the Center for Health Statisticswho shall qualify in accordance with standards of education and experience asthe director shall determine. [Amended by 1973 c.829 §34; 1983 c.709 §26; 2009c.595 §607]
432.025Assistant state registrars. The State Registrar of the Center for HealthStatistics, with the approval of the Director of the Oregon Health Authority,may appoint, when necessary, assistant state registrars who shall be assistantsto the state registrar. [Amended by 1983 c.709 §27; 2009 c.595 §608]
432.030Duties of state registrar. (1) The State Registrar of the Center for HealthStatistics shall:
(a)Under the supervision of the Director of the Oregon Health Authority, havecharge of the Center for Health Statistics.
(b)Administer and enforce the provisions of this chapter and the rules adoptedpursuant thereto for the efficient administration of the system of vitalstatistics.
(c)Direct and supervise the system of vital statistics and the Center for HealthStatistics and be custodian of its records.
(d)Direct, supervise and control the activities of all persons when they areengaged in activities pertaining to the operation of the system of vitalstatistics.
(e)Conduct training programs to promote uniformity of policy and proceduresthroughout the state in matters pertaining to the system of vital statistics.
(f)Prescribe, furnish and distribute such forms as are required by this chapterand the rules adopted pursuant thereto or prescribe other means fortransmission of data to accomplish the purpose of complete and accuratereporting and registration.
(g)Prepare and publish reports of vital statistics of this state and such otherreports as may be required by the Oregon Health Authority.
(h)Provide to local health agencies such copies of or data derived fromcertificates and reports required under this chapter as the state registrarshall determine are necessary for local health planning and program activities.The state registrar shall establish a schedule with each local health agencyfor transmittal of the copies or data. The copies or data shall remain the propertyof the Center for Health Statistics and the uses that may be made of them shallbe determined by the state registrar.
(i)Provide local health agencies training and consultation in working with healthdata.
(2)The state registrar may delegate such functions and duties vested in the stateregistrar to employees of the Center for Health Statistics and to employees ofany office established or designated under ORS 432.035. [Amended by 1975 c.605 §22;1983 c.709 §4; 1997 c.783 §4; 2009 c.595 §609]
432.035County registrars.The State Registrar of the Center for Health Statistics shall designate foreach county a county registrar. In consultation with the state registrar, thecounty registrar may designate one or more deputy county registrars in anycounty. So far as practical, a county health official shall be designatedcounty registrar. [Amended by 1983 c.709 §5; 1985 c.207 §3; 1997 c.783 §5]
432.040Duti