Indiana 2024 Regular Session

Indiana House Bill HB1365 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1365
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-14-3-4; IC 16-37-1.
7	7	Synopsis: Confidentiality of birth and stillbirth records. Provides that
8	8	a registration or certificate of a birth or stillbirth is open to public
9	9	inspection and copying upon the request of any person that occurs 99
10	10	years (instead of 75 years) after the record is created.
11	11	Effective: July 1, 2024.
12	12	Porter
13	13	January 10, 2024, read first time and referred to Committee on Public Health.
14	14	2024 IN 1365—LS 6182/DI 104 Introduced
15	15	Second Regular Session of the 123rd General Assembly (2024)
16	16	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
17	17	Constitution) is being amended, the text of the existing provision will appear in this style type,
18	18	additions will appear in this style type, and deletions will appear in this style type.
19	19	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
20	20	provision adopted), the text of the new provision will appear in this style type. Also, the
21	21	word NEW will appear in that style type in the introductory clause of each SECTION that adds
22	22	a new provision to the Indiana Code or the Indiana Constitution.
23	23	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
24	24	between statutes enacted by the 2023 Regular Session of the General Assembly.
25	25	HOUSE BILL No. 1365
26	26	A BILL FOR AN ACT to amend the Indiana Code concerning
27	27	health.
28	28	Be it enacted by the General Assembly of the State of Indiana:
29	29	1 SECTION 1. IC 5-14-3-4, AS AMENDED BY P.L.86-2022,
30	30	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31	31	3 JULY 1, 2024]: Sec. 4. (a) The following public records are excepted
32	32	4 from section 3 of this chapter and may not be disclosed by a public
33	33	5 agency, unless access to the records is specifically required by a state
34	34	6 or federal statute or is ordered by a court under the rules of discovery:
35	35	7 (1) Those declared confidential by state statute.
36	36	8 (2) Those declared confidential by rule adopted by a public
37	37	9 agency under specific authority to classify public records as
38	38	10 confidential granted to the public agency by statute.
39	39	11 (3) Those required to be kept confidential by federal law.
40	40	12 (4) Records containing trade secrets.
41	41	13 (5) Confidential financial information obtained, upon request,
42	42	14 from a person. However, this does not include information that is
43	43	15 filed with or received by a public agency pursuant to state statute.
44	44	16 (6) Information concerning research, including actual research
45	45	17 documents, conducted under the auspices of a state educational
46	46	2024 IN 1365—LS 6182/DI 104 2
47	47	1 institution, including information:
48	48	2 (A) concerning any negotiations made with respect to the
49	49	3 research; and
50	50	4 (B) received from another party involved in the research.
51	51	5 (7) Grade transcripts and license examination scores obtained as
52	52	6 part of a licensure process.
53	53	7 (8) Those declared confidential by or under rules adopted by the
54	54	8 supreme court of Indiana.
55	55	9 (9) Patient medical records and charts created by a provider,
56	56	10 unless the patient gives written consent under IC 16-39 or as
57	57	11 provided under IC 16-41-8.
58	58	12 (10) Application information declared confidential by the Indiana
59	59	13 economic development corporation under IC 5-28.
60	60	14 (11) A photograph, a video recording, or an audio recording of an
61	61	15 autopsy, except as provided in IC 36-2-14-10.
62	62	16 (12) A Social Security number contained in the records of a
63	63	17 public agency.
64	64	18 (13) The following information that is part of a foreclosure action
65	65	19 subject to IC 32-30-10.5:
66	66	20 (A) Contact information for a debtor, as described in
67	67	21 IC 32-30-10.5-8(d)(1)(B).
68	68	22 (B) Any document submitted to the court as part of the debtor's
69	69	23 loss mitigation package under IC 32-30-10.5-10(a)(3).
70	70	24 (14) The following information obtained from a call made to a
71	71	25 fraud hotline established under IC 36-1-8-8.5:
72	72	26 (A) The identity of any individual who makes a call to the
73	73	27 fraud hotline.
74	74	28 (B) A report, transcript, audio recording, or other information
75	75	29 concerning a call to the fraud hotline.
76	76	30 However, records described in this subdivision may be disclosed
77	77	31 to a law enforcement agency, a private university police
78	78	32 department, the attorney general, the inspector general, the state
79	79	33 examiner, or a prosecuting attorney.
80	80	34 (15) Information described in section 5(c)(3)(B) of this chapter
81	81	35 that is contained in a daily log or record described in section 5(c)
82	82	36 of this chapter for a victim of a crime or delinquent act who is less
83	83	37 than eighteen (18) years of age, unless and to the extent that:
84	84	38 (A) a parent, guardian, or custodian of the victim consents in
85	85	39 writing to public disclosure of the records; and
86	86	40 (B) that parent, guardian, or custodian of the victim has not
87	87	41 been charged with or convicted of committing a crime against
88	88	42 the victim.
89	89	2024 IN 1365—LS 6182/DI 104 3
90	90	1 However, records described in this subdivision may be disclosed
91	91	2 to the department of child services.
92	92	3 (b) Except as otherwise provided by subsection (a), the following
93	93	4 public records shall be excepted from section 3 of this chapter at the
94	94	5 discretion of a public agency:
95	95	6 (1) Investigatory records of law enforcement agencies or private
96	96	7 university police departments. For purposes of this chapter, a law
97	97	8 enforcement recording is not an investigatory record. However,
98	98	9 information described in subsection (a)(15) contained in a law
99	99	10 enforcement recording is exempt from disclosure, unless and to
100	100	11 the extent that a parent, guardian, or custodian of the victim
101	101	12 consents in writing to public disclosure of the records. However,
102	102	13 a parent, guardian, or custodian charged with or convicted of a
103	103	14 crime against the victim may not consent to public disclosure of
104	104	15 the records. Law enforcement agencies or private university
105	105	16 police departments may share investigatory records with a:
106	106	17 (A) person who advocates on behalf of a crime victim,
107	107	18 including a victim advocate (as defined in IC 35-37-6-3.5) or
108	108	19 a victim service provider (as defined in IC 35-37-6-5), for the
109	109	20 purposes of providing services to a victim or describing
110	110	21 services that may be available to a victim; and
111	111	22 (B) school corporation (as defined by IC 20-18-2-16(a)),
112	112	23 charter school (as defined by IC 20-24-1-4), or nonpublic
113	113	24 school (as defined by IC 20-18-2-12) for the purpose of
114	114	25 enhancing the safety or security of a student or a school
115	115	26 facility;
116	116	27 without the law enforcement agency or private university police
117	117	28 department losing its discretion to keep those records confidential
118	118	29 from other records requesters. However, certain law enforcement
119	119	30 records must be made available for inspection and copying as
120	120	31 provided in section 5 of this chapter.
121	121	32 (2) The work product of an attorney representing, pursuant to
122	122	33 state employment or an appointment by a public agency:
123	123	34 (A) a public agency;
124	124	35 (B) the state; or
125	125	36 (C) an individual.
126	126	37 (3) Test questions, scoring keys, and other examination data used
127	127	38 in administering a licensing examination, examination for
128	128	39 employment, or academic examination before the examination is
129	129	40 given or if it is to be given again.
130	130	41 (4) Scores of tests if the person is identified by name and has not
131	131	42 consented to the release of the person's scores.
132	132	2024 IN 1365—LS 6182/DI 104 4
133	133	1 (5) The following:
134	134	2 (A) Records relating to negotiations between:
135	135	3 (i) the Indiana economic development corporation;
136	136	4 (ii) the ports of Indiana;
137	137	5 (iii) the Indiana state department of agriculture;
138	138	6 (iv) the Indiana finance authority;
139	139	7 (v) an economic development commission;
140	140	8 (vi) the Indiana White River state park development
141	141	9 commission;
142	142	10 (vii) a local economic development organization that is a
143	143	11 nonprofit corporation established under state law whose
144	144	12 primary purpose is the promotion of industrial or business
145	145	13 development in Indiana, the retention or expansion of
146	146	14 Indiana businesses, or the development of entrepreneurial
147	147	15 activities in Indiana; or
148	148	16 (viii) a governing body of a political subdivision;
149	149	17 with industrial, research, or commercial prospects, if the
150	150	18 records are created while negotiations are in progress.
151	151	19 However, this clause does not apply to records regarding
152	152	20 research that is prohibited under IC 16-34.5-1-2 or any other
153	153	21 law.
154	154	22 (B) Notwithstanding clause (A), the terms of the final offer of
155	155	23 public financial resources communicated by the Indiana
156	156	24 economic development corporation, the ports of Indiana, the
157	157	25 Indiana finance authority, an economic development
158	158	26 commission, the Indiana White River state park development
159	159	27 commission, or a governing body of a political subdivision to
160	160	28 an industrial, a research, or a commercial prospect shall be
161	161	29 available for inspection and copying under section 3 of this
162	162	30 chapter after negotiations with that prospect have terminated.
163	163	31 (C) When disclosing a final offer under clause (B), the Indiana
164	164	32 economic development corporation shall certify that the
165	165	33 information being disclosed accurately and completely
166	166	34 represents the terms of the final offer.
167	167	35 (D) Notwithstanding clause (A), an incentive agreement with
168	168	36 an incentive recipient shall be available for inspection and
169	169	37 copying under section 3 of this chapter after the date the
170	170	38 incentive recipient and the Indiana economic development
171	171	39 corporation execute the incentive agreement regardless of
172	172	40 whether negotiations are in progress with the recipient after
173	173	41 that date regarding a modification or extension of the incentive
174	174	42 agreement.
175	175	2024 IN 1365—LS 6182/DI 104 5
176	176	1 (6) Records that are intra-agency or interagency advisory or
177	177	2 deliberative material, including material developed by a private
178	178	3 contractor under a contract with a public agency, that are
179	179	4 expressions of opinion or are of a speculative nature, and that are
180	180	5 communicated for the purpose of decision making.
181	181	6 (7) Diaries, journals, or other personal notes serving as the
182	182	7 functional equivalent of a diary or journal.
183	183	8 (8) Personnel files of public employees and files of applicants for
184	184	9 public employment, except for:
185	185	10 (A) the name, compensation, job title, business address,
186	186	11 business telephone number, job description, education and
187	187	12 training background, previous work experience, or dates of
188	188	13 first and last employment of present or former officers or
189	189	14 employees of the agency;
190	190	15 (B) information relating to the status of any formal charges
191	191	16 against the employee; and
192	192	17 (C) the factual basis for a disciplinary action in which final
193	193	18 action has been taken and that resulted in the employee being
194	194	19 suspended, demoted, or discharged.
195	195	20 However, all personnel file information shall be made available
196	196	21 to the affected employee or the employee's representative. This
197	197	22 subdivision does not apply to disclosure of personnel information
198	198	23 generally on all employees or for groups of employees without the
199	199	24 request being particularized by employee name.
200	200	25 (9) Minutes or records of hospital medical staff meetings.
201	201	26 (10) Administrative or technical information that would
202	202	27 jeopardize a record keeping system, voting system, voter
203	203	28 registration system, or security system.
204	204	29 (11) Computer programs, computer codes, computer filing
205	205	30 systems, and other software that are owned by the public agency
206	206	31 or entrusted to it and portions of electronic maps entrusted to a
207	207	32 public agency by a utility.
208	208	33 (12) Records specifically prepared for discussion or developed
209	209	34 during discussion in an executive session under IC 5-14-1.5-6.1.
210	210	35 However, this subdivision does not apply to that information
211	211	36 required to be available for inspection and copying under
212	212	37 subdivision (8).
213	213	38 (13) The work product of the legislative services agency under
214	214	39 personnel rules approved by the legislative council.
215	215	40 (14) The work product of individual members and the partisan
216	216	41 staffs of the general assembly.
217	217	42 (15) The identity of a donor of a gift made to a public agency if:
218	218	2024 IN 1365—LS 6182/DI 104 6
219	219	1 (A) the donor requires nondisclosure of the donor's identity as
220	220	2 a condition of making the gift; or
221	221	3 (B) after the gift is made, the donor or a member of the donor's
222	222	4 family requests nondisclosure.
223	223	5 (16) Library or archival records:
224	224	6 (A) which can be used to identify any library patron; or
225	225	7 (B) deposited with or acquired by a library upon a condition
226	226	8 that the records be disclosed only:
227	227	9 (i) to qualified researchers;
228	228	10 (ii) after the passing of a period of years that is specified in
229	229	11 the documents under which the deposit or acquisition is
230	230	12 made; or
231	231	13 (iii) after the death of persons specified at the time of the
232	232	14 acquisition or deposit.
233	233	15 However, nothing in this subdivision shall limit or affect contracts
234	234	16 entered into by the Indiana state library pursuant to IC 4-1-6-8.
235	235	17 (17) The identity of any person who contacts the bureau of motor
236	236	18 vehicles concerning the ability of a driver to operate a motor
237	237	19 vehicle safely and the medical records and evaluations made by
238	238	20 the bureau of motor vehicles staff or members of the driver
239	239	21 licensing medical advisory board regarding the ability of a driver
240	240	22 to operate a motor vehicle safely. However, upon written request
241	241	23 to the commissioner of the bureau of motor vehicles, the driver
242	242	24 must be given copies of the driver's medical records and
243	243	25 evaluations.
244	244	26 (18) School safety and security measures, plans, and systems,
245	245	27 including emergency preparedness plans developed under 511
246	246	28 IAC 6.1-2-2.5.
247	247	29 (19) A record or a part of a record, the public disclosure of which
248	248	30 would have a reasonable likelihood of threatening public safety
249	249	31 by exposing a vulnerability to terrorist attack. A record described
250	250	32 under this subdivision includes the following:
251	251	33 (A) A record assembled, prepared, or maintained to prevent,
252	252	34 mitigate, or respond to an act of terrorism under IC 35-47-12-1
253	253	35 (before its repeal), an act of agricultural terrorism under
254	254	36 IC 35-47-12-2 (before its repeal), or a felony terrorist offense
255	255	37 (as defined in IC 35-50-2-18).
256	256	38 (B) Vulnerability assessments.
257	257	39 (C) Risk planning documents.
258	258	40 (D) Needs assessments.
259	259	41 (E) Threat assessments.
260	260	42 (F) Intelligence assessments.
261	261	2024 IN 1365—LS 6182/DI 104 7
262	262	1 (G) Domestic preparedness strategies.
263	263	2 (H) The location of community drinking water wells and
264	264	3 surface water intakes.
265	265	4 (I) The emergency contact information of emergency
266	266	5 responders and volunteers.
267	267	6 (J) Infrastructure records that disclose the configuration of
268	268	7 critical systems such as voting system and voter registration
269	269	8 system critical infrastructure, and communication, electrical,
270	270	9 ventilation, water, and wastewater systems.
271	271	10 (K) Detailed drawings or specifications of structural elements,
272	272	11 floor plans, and operating, utility, or security systems, whether
273	273	12 in paper or electronic form, of any building or facility located
274	274	13 on an airport (as defined in IC 8-21-1-1) that is owned,
275	275	14 occupied, leased, or maintained by a public agency, or any part
276	276	15 of a law enforcement recording that captures information
277	277	16 about airport security procedures, areas, or systems. A record
278	278	17 described in this clause may not be released for public
279	279	18 inspection by any public agency without the prior approval of
280	280	19 the public agency that owns, occupies, leases, or maintains the
281	281	20 airport. Both of the following apply to the public agency that
282	282	21 owns, occupies, leases, or maintains the airport:
283	283	22 (i) The public agency is responsible for determining whether
284	284	23 the public disclosure of a record or a part of a record,
285	285	24 including a law enforcement recording, has a reasonable
286	286	25 likelihood of threatening public safety by exposing a
287	287	26 security procedure, area, system, or vulnerability to terrorist
288	288	27 attack.
289	289	28 (ii) The public agency must identify a record described
290	290	29 under item (i) and clearly mark the record as "confidential
291	291	30 and not subject to public disclosure under
292	292	31 IC 5-14-3-4(b)(19)(J) without approval of (insert name of
293	293	32 submitting public agency)". However, in the case of a law
294	294	33 enforcement recording, the public agency must clearly mark
295	295	34 the record as "confidential and not subject to public
296	296	35 disclosure under IC 5-14-3-4(b)(19)(K) without approval of
297	297	36 (insert name of the public agency that owns, occupies,
298	298	37 leases, or maintains the airport)".
299	299	38 (L) The home address, home telephone number, and
300	300	39 emergency contact information for any:
301	301	40 (i) emergency management worker (as defined in
302	302	41 IC 10-14-3-3);
303	303	42 (ii) public safety officer (as defined in IC 35-47-4.5-3);
304	304	2024 IN 1365—LS 6182/DI 104 8
305	305	1 (iii) emergency medical responder (as defined in
306	306	2 IC 16-18-2-109.8); or
307	307	3 (iv) advanced emergency medical technician (as defined in
308	308	4 IC 16-18-2-6.5).
309	309	5 This subdivision does not apply to a record or portion of a record
310	310	6 pertaining to a location or structure owned or protected by a
311	311	7 public agency in the event that an act of terrorism under
312	312	8 IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
313	313	9 under IC 35-47-12-2 (before its repeal), or a felony terrorist
314	314	10 offense (as defined in IC 35-50-2-18) has occurred at that location
315	315	11 or structure, unless release of the record or portion of the record
316	316	12 would have a reasonable likelihood of threatening public safety
317	317	13 by exposing a vulnerability of other locations or structures to
318	318	14 terrorist attack.
319	319	15 (20) The following personal information concerning a customer
320	320	16 of a municipally owned utility (as defined in IC 8-1-2-1):
321	321	17 (A) Telephone number.
322	322	18 (B) Address.
323	323	19 (C) Social Security number.
324	324	20 (21) The following personal information about a complainant
325	325	21 contained in records of a law enforcement agency:
326	326	22 (A) Telephone number.
327	327	23 (B) The complainant's address. However, if the complainant's
328	328	24 address is the location of the suspected crime, infraction,
329	329	25 accident, or complaint reported, the address shall be made
330	330	26 available for public inspection and copying.
331	331	27 (22) Notwithstanding subdivision (8)(A), the name,
332	332	28 compensation, job title, business address, business telephone
333	333	29 number, job description, education and training background,
334	334	30 previous work experience, or dates of first employment of a law
335	335	31 enforcement officer who is operating in an undercover capacity.
336	336	32 (23) Records requested by an offender, an agent, or a relative of
337	337	33 an offender that:
338	338	34 (A) contain personal information relating to:
339	339	35 (i) a correctional officer (as defined in IC 5-10-10-1.5);
340	340	36 (ii) a probation officer;
341	341	37 (iii) a community corrections officer;
342	342	38 (iv) a law enforcement officer (as defined in
343	343	39 IC 35-31.5-2-185);
344	344	40 (v) a judge (as defined in IC 33-38-12-3);
345	345	41 (vi) the victim of a crime; or
346	346	42 (vii) a family member of a correctional officer, probation
347	347	2024 IN 1365—LS 6182/DI 104 9
348	348	1 officer, community corrections officer, law enforcement
349	349	2 officer (as defined in IC 35-31.5-2-185), judge (as defined
350	350	3 in IC 33-38-12-3), or victim of a crime; or
351	351	4 (B) concern or could affect the security of a jail or correctional
352	352	5 facility.
353	353	6 For purposes of this subdivision, "agent" means a person who is
354	354	7 authorized by an offender to act on behalf of, or at the direction
355	355	8 of, the offender, and "relative" has the meaning set forth in
356	356	9 IC 35-42-2-1(b). However, the term "agent" does not include an
357	357	10 attorney in good standing admitted to the practice of law in
358	358	11 Indiana.
359	359	12 (24) Information concerning an individual less than eighteen (18)
360	360	13 years of age who participates in a conference, meeting, program,
361	361	14 or activity conducted or supervised by a state educational
362	362	15 institution, including the following information regarding the
363	363	16 individual or the individual's parent or guardian:
364	364	17 (A) Name.
365	365	18 (B) Address.
366	366	19 (C) Telephone number.
367	367	20 (D) Electronic mail account address.
368	368	21 (25) Criminal intelligence information.
369	369	22 (26) The following information contained in a report of unclaimed
370	370	23 property under IC 32-34-1.5-18 or in a claim for unclaimed
371	371	24 property under IC 32-34-1.5-48:
372	372	25 (A) Date of birth.
373	373	26 (B) Driver's license number.
374	374	27 (C) Taxpayer identification number.
375	375	28 (D) Employer identification number.
376	376	29 (E) Account number.
377	377	30 (27) Except as provided in subdivision (19) and sections 5.1 and
378	378	31 5.2 of this chapter, a law enforcement recording. However, before
379	379	32 disclosing the recording, the public agency must comply with the
380	380	33 obscuring requirements of sections 5.1 and 5.2 of this chapter, if
381	381	34 applicable.
382	382	35 (28) Records relating to negotiations between a state educational
383	383	36 institution and another entity concerning the establishment of a
384	384	37 collaborative relationship or venture to advance the research,
385	385	38 engagement, or educational mission of the state educational
386	386	39 institution, if the records are created while negotiations are in
387	387	40 progress. The terms of the final offer of public financial resources
388	388	41 communicated by the state educational institution to an industrial,
389	389	42 a research, or a commercial prospect shall be available for
390	390	2024 IN 1365—LS 6182/DI 104 10
391	391	1 inspection and copying under section 3 of this chapter after
392	392	2 negotiations with that prospect have terminated. However, this
393	393	3 subdivision does not apply to records regarding research
394	394	4 prohibited under IC 16-34.5-1-2 or any other law.
395	395	5 (c) Nothing contained in subsection (b) shall limit or affect the right
396	396	6 of a person to inspect and copy a public record required or directed to
397	397	7 be made by any statute or by any rule of a public agency.
398	398	8 (d) Notwithstanding any other law, a public record that is classified
399	399	9 as confidential, other than a record concerning an adoption or patient
400	400	10 medical records, or a birth or stillbirth, shall be made available for
401	401	11 inspection and copying seventy-five (75) years after the creation of that
402	402	12 record.
403	403	13 (e) Only the content of a public record may form the basis for the
404	404	14 adoption by any public agency of a rule or procedure creating an
405	405	15 exception from disclosure under this section.
406	406	16 (f) Except as provided by law, a public agency may not adopt a rule
407	407	17 or procedure that creates an exception from disclosure under this
408	408	18 section based upon whether a public record is stored or accessed using
409	409	19 paper, electronic media, magnetic media, optical media, or other
410	410	20 information storage technology.
411	411	21 (g) Except as provided by law, a public agency may not adopt a rule
412	412	22 or procedure nor impose any costs or liabilities that impede or restrict
413	413	23 the reproduction or dissemination of any public record.
414	414	24 (h) Notwithstanding subsection (d) and section 7 of this chapter:
415	415	25 (1) public records subject to IC 5-15 may be destroyed only in
416	416	26 accordance with record retention schedules under IC 5-15; or
417	417	27 (2) public records not subject to IC 5-15 may be destroyed in the
418	418	28 ordinary course of business.
419	419	29 SECTION 2. IC 16-37-1-7.5 IS ADDED TO THE INDIANA CODE
420	420	30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
421	421	31 1, 2024]: Sec. 7.5. (a) A registration or certificate of a birth or
422	422	32 stillbirth shall be:
423	423	33 (1) open to public inspection; and
424	424	34 (2) a copy provided;
425	425	35 upon the request of any person that occurs on or after the date that
426	426	36 is ninety-nine (99) years after the record's creation date.
427	427	37 (b) Notwithstanding subsection (a), the birth record of an
428	428	38 adopted child remains subject to the confidentiality provisions of
429	429	39 IC 31-19 regarding the release of adoption information.
430	430	40 SECTION 3. IC 16-37-1-8, AS AMENDED BY P.L.147-2023,
431	431	41 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
432	432	42 JULY 1, 2024]: Sec. 8. (a) Except as provided in section 7.5 of this
433	433	2024 IN 1365—LS 6182/DI 104 11
434	434	1 chapter and subsection (d), a local health officer shall provide a
435	435	2 certification of birth, death, or stillbirth registration upon request by
436	436	3 any person only if:
437	437	4 (1) the health officer is satisfied that the applicant has a direct
438	438	5 interest in the matter;
439	439	6 (2) the health officer determines that the certificate is necessary
440	440	7 for the determination of personal or property rights or for
441	441	8 compliance with state or federal law; and
442	442	9 (3) the applicant for a birth certificate presents at least one (1)
443	443	10 form of identification.
444	444	11 However, the local health officer must issue a certificate of an
445	445	12 applicant's own birth registration.
446	446	13 (b) A local health officer's decision whether or not to issue a
447	447	14 certified copy of a birth certificate is subject to review by a court.
448	448	15 (c) A local health officer may issue a certification of birth, death, or
449	449	16 stillbirth from the electronic registration systems in section 3.1 of this
450	450	17 chapter, regardless of the location of the filing of the record.
451	451	18 (d) A local health officer may not issue a copy of a birth certificate
452	452	19 of a missing child to which a notice has been attached under
453	453	20 IC 10-13-5-11 without the authorization of the Indiana clearinghouse
454	454	21 for information on missing children and missing endangered adults.
455	455	22 (e) Upon determination that a person may be provided a certification
456	456	23 of death under subsection (a), the local health officer shall provide to
457	457	24 the person a certification of death that excludes information concerning
458	458	25 the cause of death if the person requests the exclusion of this
459	459	26 information.
460	460	27 SECTION 4. IC 16-37-1-10, AS AMENDED BY P.L.138-2019,
461	461	28 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
462	462	29 JULY 1, 2024]: Sec. 10. (a) Information contained in a birth record is
463	463	30 confidential and may be disclosed only in accordance with this article.
464	464	31 (b) Except as provided in section 7.5 of this chapter and
465	465	32 subsections (c) and (d), the records and files of the division of the state
466	466	33 department concerning vital statistics are subject to this article and
467	467	34 rules of the state department. Data contained in the records and files
468	468	35 may be disclosed only as follows:
469	469	36 (1) The state registrar shall permit inspection of the records or
470	470	37 issue a certified copy of a certificate or part of a certificate only
471	471	38 if the state registrar is satisfied of the following:
472	472	39 (A) That the applicant has a direct interest in the matter
473	473	40 recorded.
474	474	41 (B) That the information is necessary for the determination of
475	475	42 personal or property rights or for compliance with state or
476	476	2024 IN 1365—LS 6182/DI 104 12
477	477	1 federal law.
478	478	2 The state registrar's decision is subject to review by the state
479	479	3 department or a court under this section.
480	480	4 (2) The state department may disclose identifiable vital statistics
481	481	5 information to a legitimate researcher, if the researcher complies
482	482	6 with the following requirements:
483	483	7 (A) The researcher states in writing to the state department the
484	484	8 purpose, including:
485	485	9 (i) any intent to publish findings;
486	486	10 (ii) the nature of the data sought;
487	487	11 (iii) the personal information that would be required; and
488	488	12 (iv) the safeguards that will be taken to protect the identity
489	489	13 of the data subjects.
490	490	14 (B) The researcher executes an agreement with the state
491	491	15 department, on a form approved by the oversight committee on
492	492	16 public records established under IC 5-15-5.1-18, that:
493	493	17 (i) incorporates safeguards for protection of individual data
494	494	18 subjects;
495	495	19 (ii) defines the scope of the research project; and
496	496	20 (iii) informs the researcher that failure to abide by
497	497	21 conditions of the approved agreement constitutes a breach
498	498	22 of contract and could result in civil litigation by any data
499	499	23 subject.
500	500	24 (C) The researcher agrees to pay any direct or indirect costs of
501	501	25 the research.
502	502	26 The state department shall determine whether the proposed
503	503	27 safeguards are adequate to prevent the identity of an individual
504	504	28 data subject from being known before approving the agreement.
505	505	29 Upon execution of an agreement described in this subdivision, the
506	506	30 state department shall maintain a copy of the agreement for the
507	507	31 duration of the agreement's effective date.
508	508	32 (3) In any extraordinary case that the state registrar determines is
509	509	33 a direct tangible and legitimate public interest.
510	510	34 (c) Notwithstanding subsection (b)(1) through (b)(3), a certificate
511	511	35 of death received by a local health department (as defined in
512	512	36 IC 16-18-2-211) or the state department is a public record that, upon
513	513	37 request, must be made available for inspection and copying if:
514	514	38 (1) the copy made of the certificate of death is not a certified
515	515	39 copy;
516	516	40 (2) any Social Security number that appears on the certificate of
517	517	41 death is redacted; and
518	518	42 (3) any charge or fee that is due under section 9, 11, or 11.5 of
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520	520	1 this chapter is collected.
521	521	2 (d) The birth record of an adopted child remains subject to the
522	522	3 confidentiality provisions of IC 31-19 regarding the release of adoption
523	523	4 information.
524	524	5 (e) The state registrar may deny a request to inspect or copy a record
525	525	6 concerning vital statistics that is in the state registrar's possession if the
526	526	7 state registrar has a reasonable suspicion that releasing the record may
527	527	8 result in fraud or identity theft.
528	528	2024 IN 1365—LS 6182/DI 104