Okla. Stat. tit. 63, § 63-1-323
This is the official text of Okla. Stat. tit. 63, § 63-1-323, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Vital statistics records confidential – Exceptions –
Official statutory text
Online public index.
A. To protect the integrity of vital statistics records, to
ensure their proper use, and to ensure the efficient and proper
administration of the vital statistics system, it shall be unlawful
for any person to permit inspection of, or to disclose information
contained in, vital statistics records, or to copy or issue a copy
of all or part of any such record except to:
1. The person who is the subject of the record;
2. A parent named on the record or a person acting with the
parent's permission unless that parent is currently incarcerated;
3. Someone acting with permission of the person who is the
subject of the record;
4. Someone acting as a legal representative of the estate of
the person who is the subject of the record;
5. Someone acting as a legal representative of a person
involved in a probate of the estate of the person who is the subject
of the record, as demonstrated by affidavit;
6. An attorney licensed to practice in the United States who
demonstrates by affidavit that the record is necessary in order to
administer a client's estate;
7. Someone in receipt of a court order from a court of
competent jurisdiction ordering access to the record;
8. The Attorney General or to any district attorney upon
request in the course of a criminal investigation;
9. Only in the case of a death certificate, a funeral director;
10. A representative of the Department of Corrections, when the
subject of the record is under supervision of the Department of
Corrections;
11. A representative of the Department of Human Services acting
in accordance with Section 1-311.2 of this title; or
12. Any other person working in the best interest of the
subject of the record or the estate of the subject of record, as
determined by regulations of the Commissioner of Health.
Provided, that death certificates shall be considered publicly
available records fifty (50) years after the death and birth
certificates shall be considered publicly available records one
hundred twenty-five (125) years after the birth.
B. The State Department of Health shall, by July 1, 2017, make
available an online public index that includes, as is applicable,
the name, gender, date of birth, date of death, county of birth, and
county of death of all persons in its records. Birth data shall not
Oklahoma Statutes - Title 63. Public Health and Safety Page 197
be added to the index until twenty (20) years after the birth.
Death data shall not be added to the index until five (5) years
after the death. The index shall be made available online at no
cost to users.
Private entities may request assistance from the Department in
receiving digital files including all or part of the index described
in this subsection. Such private entities may be assessed a fee
that shall not exceed the cost of creating and transmitting the
digital file. The Commissioner may promulgate rules regarding
access to such digital files and applicable fees.
C. The Department may grant applications for electronic
verification of the existence of birth and death certificates for
legal and administrative purposes at any time following the birth or
death when such applications are made by:
1. A government agency in conduct of its official business;
2. A benefit-paying party including but not limited to an
annuity company, pension plan or life insurance company in order to
determine benefit status;
3. A physician licensed to practice in the United States to
determine if a patient has been lost to care; or
4. Other entities for fraud protection, subject to verification
of the entity's purpose by the Department.
The recipient of a record verification, as provided for in this
subsection, may not disclose to a party not involved in the issue
for which the verification was sought.
The Department may charge up to Four Dollars ($4.00) for each
electronic birth or death verification, although such fee may be
entities for fraud protection, subject to verification
of the entity's purpose by the Department.
The recipient of a record verification, as provided for in this
subsection, may not disclose to a party not involved in the issue
for which the verification was sought.
The Department may charge up to Four Dollars ($4.00) for each
electronic birth or death verification, although such fee may be
waived when such request is received by an Oklahoma state or local
government agency. The recipient of a record verification, as
provided for in this subsection, may also be subject to fees levied
by a contractor retained by the Commissioner to provide such
service.
The Commissioner may promulgate rules necessary to implement the
provisions of this subsection.
D. The Commissioner of Health may authorize the disclosure of
data contained in vital statistics records for public health
surveillance or research purposes.
E. The State Department of Health shall transmit to the
Department of Public Safety:
1. At the end of each quarter year, a list of all registered
deaths which have occurred during such period of time. Upon receipt
of such list the Department of Public Safety shall use such list
solely to update Department of Public Safety records and to cancel
the driver license for those deceased individuals with a valid
Oklahoma driver license at the time of death;
2. At the end of each month, a report of all registered deaths
that resulted from a motor vehicle collision which have occurred
Oklahoma Statutes - Title 63. Public Health and Safety Page 198
during such period of time. The report shall be used by the
Department solely for the purpose of statistical analysis and
reporting; and
3. Upon written request from the Department, a death
certificate. The certificate shall be used solely by the Fatality
Analysis Reporting System (FARS) Analyst of the Oklahoma Highway
Safety Office to populate the federal FARS database.
F. Each month, the Commissioner shall authorize the
transmission to the Oklahoma Health Care Authority of a certified
list of all registered deaths of residents of this state that have
occurred within the state for the immediately preceding month. The
Oklahoma Health Care Authority shall use the transmitted list to
ascertain the names of those individuals participating in the state
Medicaid program who are deceased, and shall thereafter terminate
such deceased person's enrollment in the state Medicaid program.
G. For the purpose of assisting in the location and recovery of
missing children, information pertaining to birth certificates and
requests for copies of birth certificates shall be provided to the
Oklahoma State Bureau of Investigation pursuant to the provisions of
Section 1-323.1 of this title and Section 150.12A of Title 74 of the
Oklahoma Statutes.
H. The Commissioner shall authorize the transmission of death
certificates to the Department of Labor for the purpose of the
Department of Labor conducting a census of total occupational
injuries and illnesses. The Department shall transmit to the
Department of Labor statistics of fatal occupational injuries that
shall include the following:
1. Name of the deceased;
2. Date of death;
3. Sex;
4. Race;
5. Age;
6. Birth date;
7. Social Security number;
8. Whether an autopsy was conducted;
9. Month of the accident; and
10. Whether decedent was of Hispanic origin.
I. The Department of Labor shall be required to protect the
integrity of the vital statistics records to the same extent
required of the Department pursuant to this section.
A. To protect the integrity of vital statistics records, to
ensure their proper use, and to ensure the efficient and proper
administration of the vital statistics system, it shall be unlawful
for any person to permit inspection of, or to disclose information
contained in, vital statistics records, or to copy or issue a copy
of all or part of any such record except to:
1. The person who is the subject of the record;
2. A parent named on the record or a person acting with the
parent's permission unless that parent is currently incarcerated;
3. Someone acting with permission of the person who is the
subject of the record;
4. Someone acting as a legal representative of the estate of
the person who is the subject of the record;
5. Someone acting as a legal representative of a person
involved in a probate of the estate of the person who is the subject
of the record, as demonstrated by affidavit;
6. An attorney licensed to practice in the United States who
demonstrates by affidavit that the record is necessary in order to
administer a client's estate;
7. Someone in receipt of a court order from a court of
competent jurisdiction ordering access to the record;
8. The Attorney General or to any district attorney upon
request in the course of a criminal investigation;
9. Only in the case of a death certificate, a funeral director;
10. A representative of the Department of Corrections, when the
subject of the record is under supervision of the Department of
Corrections;
11. A representative of the Department of Human Services acting
in accordance with Section 1-311.2 of this title; or
12. Any other person working in the best interest of the
subject of the record or the estate of the subject of record, as
determined by regulations of the Commissioner of Health.
Provided, that death certificates shall be considered publicly
available records fifty (50) years after the death and birth
certificates shall be considered publicly available records one
hundred twenty-five (125) years after the birth.
B. The State Department of Health shall, by July 1, 2017, make
available an online public index that includes, as is applicable,
the name, gender, date of birth, date of death, county of birth, and
county of death of all persons in its records. Birth data shall not
Oklahoma Statutes - Title 63. Public Health and Safety Page 197
be added to the index until twenty (20) years after the birth.
Death data shall not be added to the index until five (5) years
after the death. The index shall be made available online at no
cost to users.
Private entities may request assistance from the Department in
receiving digital files including all or part of the index described
in this subsection. Such private entities may be assessed a fee
that shall not exceed the cost of creating and transmitting the
digital file. The Commissioner may promulgate rules regarding
access to such digital files and applicable fees.
C. The Department may grant applications for electronic
verification of the existence of birth and death certificates for
legal and administrative purposes at any time following the birth or
death when such applications are made by:
1. A government agency in conduct of its official business;
2. A benefit-paying party including but not limited to an
annuity company, pension plan or life insurance company in order to
determine benefit status;
3. A physician licensed to practice in the United States to
determine if a patient has been lost to care; or
4. Other entities for fraud protection, subject to verification
of the entity's purpose by the Department.
The recipient of a record verification, as provided for in this
subsection, may not disclose to a party not involved in the issue
for which the verification was sought.
The Department may charge up to Four Dollars ($4.00) for each
electronic birth or death verification, although such fee may be
entities for fraud protection, subject to verification
of the entity's purpose by the Department.
The recipient of a record verification, as provided for in this
subsection, may not disclose to a party not involved in the issue
for which the verification was sought.
The Department may charge up to Four Dollars ($4.00) for each
electronic birth or death verification, although such fee may be
waived when such request is received by an Oklahoma state or local
government agency. The recipient of a record verification, as
provided for in this subsection, may also be subject to fees levied
by a contractor retained by the Commissioner to provide such
service.
The Commissioner may promulgate rules necessary to implement the
provisions of this subsection.
D. The Commissioner of Health may authorize the disclosure of
data contained in vital statistics records for public health
surveillance or research purposes.
E. The State Department of Health shall transmit to the
Department of Public Safety:
1. At the end of each quarter year, a list of all registered
deaths which have occurred during such period of time. Upon receipt
of such list the Department of Public Safety shall use such list
solely to update Department of Public Safety records and to cancel
the driver license for those deceased individuals with a valid
Oklahoma driver license at the time of death;
2. At the end of each month, a report of all registered deaths
that resulted from a motor vehicle collision which have occurred
Oklahoma Statutes - Title 63. Public Health and Safety Page 198
during such period of time. The report shall be used by the
Department solely for the purpose of statistical analysis and
reporting; and
3. Upon written request from the Department, a death
certificate. The certificate shall be used solely by the Fatality
Analysis Reporting System (FARS) Analyst of the Oklahoma Highway
Safety Office to populate the federal FARS database.
F. Each month, the Commissioner shall authorize the
transmission to the Oklahoma Health Care Authority of a certified
list of all registered deaths of residents of this state that have
occurred within the state for the immediately preceding month. The
Oklahoma Health Care Authority shall use the transmitted list to
ascertain the names of those individuals participating in the state
Medicaid program who are deceased, and shall thereafter terminate
such deceased person's enrollment in the state Medicaid program.
G. For the purpose of assisting in the location and recovery of
missing children, information pertaining to birth certificates and
requests for copies of birth certificates shall be provided to the
Oklahoma State Bureau of Investigation pursuant to the provisions of
Section 1-323.1 of this title and Section 150.12A of Title 74 of the
Oklahoma Statutes.
H. The Commissioner shall authorize the transmission of death
certificates to the Department of Labor for the purpose of the
Department of Labor conducting a census of total occupational
injuries and illnesses. The Department shall transmit to the
Department of Labor statistics of fatal occupational injuries that
shall include the following:
1. Name of the deceased;
2. Date of death;
3. Sex;
4. Race;
5. Age;
6. Birth date;
7. Social Security number;
8. Whether an autopsy was conducted;
9. Month of the accident; and
10. Whether decedent was of Hispanic origin.
I. The Department of Labor shall be required to protect the
integrity of the vital statistics records to the same extent
required of the Department pursuant to this section.
Status: in_force · Read it on the official government site
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