Introduced Version
HOUSE BILL No. 1365
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-14-3-4; IC 16-37-1.
Synopsis: Confidentiality of birth and stillbirth records. Provides that
a registration or certificate of a birth or stillbirth is open to public
inspection and copying upon the request of any person that occurs 99
years (instead of 75 years) after the record is created.
Effective: July 1, 2024.
Porter
January 10, 2024, read first time and referred to Committee on Public Health.
2024 IN 1365—LS 6182/DI 104 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1365
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-14-3-4, AS AMENDED BY P.L.86-2022,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 4. (a) The following public records are excepted
4 from section 3 of this chapter and may not be disclosed by a public
5 agency, unless access to the records is specifically required by a state
6 or federal statute or is ordered by a court under the rules of discovery:
7 (1) Those declared confidential by state statute.
8 (2) Those declared confidential by rule adopted by a public
9 agency under specific authority to classify public records as
10 confidential granted to the public agency by statute.
11 (3) Those required to be kept confidential by federal law.
12 (4) Records containing trade secrets.
13 (5) Confidential financial information obtained, upon request,
14 from a person. However, this does not include information that is
15 filed with or received by a public agency pursuant to state statute.
16 (6) Information concerning research, including actual research
17 documents, conducted under the auspices of a state educational
2024 IN 1365—LS 6182/DI 104 2
1 institution, including information:
2 (A) concerning any negotiations made with respect to the
3 research; and
4 (B) received from another party involved in the research.
5 (7) Grade transcripts and license examination scores obtained as
6 part of a licensure process.
7 (8) Those declared confidential by or under rules adopted by the
8 supreme court of Indiana.
9 (9) Patient medical records and charts created by a provider,
10 unless the patient gives written consent under IC 16-39 or as
11 provided under IC 16-41-8.
12 (10) Application information declared confidential by the Indiana
13 economic development corporation under IC 5-28.
14 (11) A photograph, a video recording, or an audio recording of an
15 autopsy, except as provided in IC 36-2-14-10.
16 (12) A Social Security number contained in the records of a
17 public agency.
18 (13) The following information that is part of a foreclosure action
19 subject to IC 32-30-10.5:
20 (A) Contact information for a debtor, as described in
21 IC 32-30-10.5-8(d)(1)(B).
22 (B) Any document submitted to the court as part of the debtor's
23 loss mitigation package under IC 32-30-10.5-10(a)(3).
24 (14) The following information obtained from a call made to a
25 fraud hotline established under IC 36-1-8-8.5:
26 (A) The identity of any individual who makes a call to the
27 fraud hotline.
28 (B) A report, transcript, audio recording, or other information
29 concerning a call to the fraud hotline.
30 However, records described in this subdivision may be disclosed
31 to a law enforcement agency, a private university police
32 department, the attorney general, the inspector general, the state
33 examiner, or a prosecuting attorney.
34 (15) Information described in section 5(c)(3)(B) of this chapter
35 that is contained in a daily log or record described in section 5(c)
36 of this chapter for a victim of a crime or delinquent act who is less
37 than eighteen (18) years of age, unless and to the extent that:
38 (A) a parent, guardian, or custodian of the victim consents in
39 writing to public disclosure of the records; and
40 (B) that parent, guardian, or custodian of the victim has not
41 been charged with or convicted of committing a crime against
42 the victim.
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1 However, records described in this subdivision may be disclosed
2 to the department of child services.
3 (b) Except as otherwise provided by subsection (a), the following
4 public records shall be excepted from section 3 of this chapter at the
5 discretion of a public agency:
6 (1) Investigatory records of law enforcement agencies or private
7 university police departments. For purposes of this chapter, a law
8 enforcement recording is not an investigatory record. However,
9 information described in subsection (a)(15) contained in a law
10 enforcement recording is exempt from disclosure, unless and to
11 the extent that a parent, guardian, or custodian of the victim
12 consents in writing to public disclosure of the records. However,
13 a parent, guardian, or custodian charged with or convicted of a
14 crime against the victim may not consent to public disclosure of
15 the records. Law enforcement agencies or private university
16 police departments may share investigatory records with a:
17 (A) person who advocates on behalf of a crime victim,
18 including a victim advocate (as defined in IC 35-37-6-3.5) or
19 a victim service provider (as defined in IC 35-37-6-5), for the
20 purposes of providing services to a victim or describing
21 services that may be available to a victim; and
22 (B) school corporation (as defined by IC 20-18-2-16(a)),
23 charter school (as defined by IC 20-24-1-4), or nonpublic
24 school (as defined by IC 20-18-2-12) for the purpose of
25 enhancing the safety or security of a student or a school
26 facility;
27 without the law enforcement agency or private university police
28 department losing its discretion to keep those records confidential
29 from other records requesters. However, certain law enforcement
30 records must be made available for inspection and copying as
31 provided in section 5 of this chapter.
32 (2) The work product of an attorney representing, pursuant to
33 state employment or an appointment by a public agency:
34 (A) a public agency;
35 (B) the state; or
36 (C) an individual.
37 (3) Test questions, scoring keys, and other examination data used
38 in administering a licensing examination, examination for
39 employment, or academic examination before the examination is
40 given or if it is to be given again.
41 (4) Scores of tests if the person is identified by name and has not
42 consented to the release of the person's scores.
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1 (5) The following:
2 (A) Records relating to negotiations between:
3 (i) the Indiana economic development corporation;
4 (ii) the ports of Indiana;
5 (iii) the Indiana state department of agriculture;
6 (iv) the Indiana finance authority;
7 (v) an economic development commission;
8 (vi) the Indiana White River state park development
9 commission;
10 (vii) a local economic development organization that is a
11 nonprofit corporation established under state law whose
12 primary purpose is the promotion of industrial or business
13 development in Indiana, the retention or expansion of
14 Indiana businesses, or the development of entrepreneurial
15 activities in Indiana; or
16 (viii) a governing body of a political subdivision;
17 with industrial, research, or commercial prospects, if the
18 records are created while negotiations are in progress.
19 However, this clause does not apply to records regarding
20 research that is prohibited under IC 16-34.5-1-2 or any other
21 law.
22 (B) Notwithstanding clause (A), the terms of the final offer of
23 public financial resources communicated by the Indiana
24 economic development corporation, the ports of Indiana, the
25 Indiana finance authority, an economic development
26 commission, the Indiana White River state park development
27 commission, or a governing body of a political subdivision to
28 an industrial, a research, or a commercial prospect shall be
29 available for inspection and copying under section 3 of this
30 chapter after negotiations with that prospect have terminated.
31 (C) When disclosing a final offer under clause (B), the Indiana
32 economic development corporation shall certify that the
33 information being disclosed accurately and completely
34 represents the terms of the final offer.
35 (D) Notwithstanding clause (A), an incentive agreement with
36 an incentive recipient shall be available for inspection and
37 copying under section 3 of this chapter after the date the
38 incentive recipient and the Indiana economic development
39 corporation execute the incentive agreement regardless of
40 whether negotiations are in progress with the recipient after
41 that date regarding a modification or extension of the incentive
42 agreement.
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1 (6) Records that are intra-agency or interagency advisory or
2 deliberative material, including material developed by a private
3 contractor under a contract with a public agency, that are
4 expressions of opinion or are of a speculative nature, and that are
5 communicated for the purpose of decision making.
6 (7) Diaries, journals, or other personal notes serving as the
7 functional equivalent of a diary or journal.
8 (8) Personnel files of public employees and files of applicants for
9 public employment, except for:
10 (A) the name, compensation, job title, business address,
11 business telephone number, job description, education and
12 training background, previous work experience, or dates of
13 first and last employment of present or former officers or
14 employees of the agency;
15 (B) information relating to the status of any formal charges
16 against the employee; and
17 (C) the factual basis for a disciplinary action in which final
18 action has been taken and that resulted in the employee being
19 suspended, demoted, or discharged.
20 However, all personnel file information shall be made available
21 to the affected employee or the employee's representative. This
22 subdivision does not apply to disclosure of personnel information
23 generally on all employees or for groups of employees without the
24 request being particularized by employee name.
25 (9) Minutes or records of hospital medical staff meetings.
26 (10) Administrative or technical information that would
27 jeopardize a record keeping system, voting system, voter
28 registration system, or security system.
29 (11) Computer programs, computer codes, computer filing
30 systems, and other software that are owned by the public agency
31 or entrusted to it and portions of electronic maps entrusted to a
32 public agency by a utility.
33 (12) Records specifically prepared for discussion or developed
34 during discussion in an executive session under IC 5-14-1.5-6.1.
35 However, this subdivision does not apply to that information
36 required to be available for inspection and copying under
37 subdivision (8).
38 (13) The work product of the legislative services agency under
39 personnel rules approved by the legislative council.
40 (14) The work product of individual members and the partisan
41 staffs of the general assembly.
42 (15) The identity of a donor of a gift made to a public agency if:
2024 IN 1365—LS 6182/DI 104 6
1 (A) the donor requires nondisclosure of the donor's identity as
2 a condition of making the gift; or
3 (B) after the gift is made, the donor or a member of the donor's
4 family requests nondisclosure.
5 (16) Library or archival records:
6 (A) which can be used to identify any library patron; or
7 (B) deposited with or acquired by a library upon a condition
8 that the records be disclosed only:
9 (i) to qualified researchers;
10 (ii) after the passing of a period of years that is specified in
11 the documents under which the deposit or acquisition is
12 made; or
13 (iii) after the death of persons specified at the time of the
14 acquisition or deposit.
15 However, nothing in this subdivision shall limit or affect contracts
16 entered into by the Indiana state library pursuant to IC 4-1-6-8.
17 (17) The identity of any person who contacts the bureau of motor
18 vehicles concerning the ability of a driver to operate a motor
19 vehicle safely and the medical records and evaluations made by
20 the bureau of motor vehicles staff or members of the driver
21 licensing medical advisory board regarding the ability of a driver
22 to operate a motor vehicle safely. However, upon written request
23 to the commissioner of the bureau of motor vehicles, the driver
24 must be given copies of the driver's medical records and
25 evaluations.
26 (18) School safety and security measures, plans, and systems,
27 including emergency preparedness plans developed under 511
28 IAC 6.1-2-2.5.
29 (19) A record or a part of a record, the public disclosure of which
30 would have a reasonable likelihood of threatening public safety
31 by exposing a vulnerability to terrorist attack. A record described
32 under this subdivision includes the following:
33 (A) A record assembled, prepared, or maintained to prevent,
34 mitigate, or respond to an act of terrorism under IC 35-47-12-1
35 (before its repeal), an act of agricultural terrorism under
36 IC 35-47-12-2 (before its repeal), or a felony terrorist offense
37 (as defined in IC 35-50-2-18).
38 (B) Vulnerability assessments.
39 (C) Risk planning documents.
40 (D) Needs assessments.
41 (E) Threat assessments.
42 (F) Intelligence assessments.
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1 (G) Domestic preparedness strategies.
2 (H) The location of community drinking water wells and
3 surface water intakes.
4 (I) The emergency contact information of emergency
5 responders and volunteers.
6 (J) Infrastructure records that disclose the configuration of
7 critical systems such as voting system and voter registration
8 system critical infrastructure, and communication, electrical,
9 ventilation, water, and wastewater systems.
10 (K) Detailed drawings or specifications of structural elements,
11 floor plans, and operating, utility, or security systems, whether
12 in paper or electronic form, of any building or facility located
13 on an airport (as defined in IC 8-21-1-1) that is owned,
14 occupied, leased, or maintained by a public agency, or any part
15 of a law enforcement recording that captures information
16 about airport security procedures, areas, or systems. A record
17 described in this clause may not be released for public
18 inspection by any public agency without the prior approval of
19 the public agency that owns, occupies, leases, or maintains the
20 airport. Both of the following apply to the public agency that
21 owns, occupies, leases, or maintains the airport:
22 (i) The public agency is responsible for determining whether
23 the public disclosure of a record or a part of a record,
24 including a law enforcement recording, has a reasonable
25 likelihood of threatening public safety by exposing a
26 security procedure, area, system, or vulnerability to terrorist
27 attack.
28 (ii) The public agency must identify a record described
29 under item (i) and clearly mark the record as "confidential
30 and not subject to public disclosure under
31 IC 5-14-3-4(b)(19)(J) without approval of (insert name of
32 submitting public agency)". However, in the case of a law
33 enforcement recording, the public agency must clearly mark
34 the record as "confidential and not subject to public
35 disclosure under IC 5-14-3-4(b)(19)(K) without approval of
36 (insert name of the public agency that owns, occupies,
37 leases, or maintains the airport)".
38 (L) The home address, home telephone number, and
39 emergency contact information for any:
40 (i) emergency management worker (as defined in
41 IC 10-14-3-3);
42 (ii) public safety officer (as defined in IC 35-47-4.5-3);
2024 IN 1365—LS 6182/DI 104 8
1 (iii) emergency medical responder (as defined in
2 IC 16-18-2-109.8); or
3 (iv) advanced emergency medical technician (as defined in
4 IC 16-18-2-6.5).
5 This subdivision does not apply to a record or portion of a record
6 pertaining to a location or structure owned or protected by a
7 public agency in the event that an act of terrorism under
8 IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
9 under IC 35-47-12-2 (before its repeal), or a felony terrorist
10 offense (as defined in IC 35-50-2-18) has occurred at that location
11 or structure, unless release of the record or portion of the record
12 would have a reasonable likelihood of threatening public safety
13 by exposing a vulnerability of other locations or structures to
14 terrorist attack.
15 (20) The following personal information concerning a customer
16 of a municipally owned utility (as defined in IC 8-1-2-1):
17 (A) Telephone number.
18 (B) Address.
19 (C) Social Security number.
20 (21) The following personal information about a complainant
21 contained in records of a law enforcement agency:
22 (A) Telephone number.
23 (B) The complainant's address. However, if the complainant's
24 address is the location of the suspected crime, infraction,
25 accident, or complaint reported, the address shall be made
26 available for public inspection and copying.
27 (22) Notwithstanding subdivision (8)(A), the name,
28 compensation, job title, business address, business telephone
29 number, job description, education and training background,
30 previous work experience, or dates of first employment of a law
31 enforcement officer who is operating in an undercover capacity.
32 (23) Records requested by an offender, an agent, or a relative of
33 an offender that:
34 (A) contain personal information relating to:
35 (i) a correctional officer (as defined in IC 5-10-10-1.5);
36 (ii) a probation officer;
37 (iii) a community corrections officer;
38 (iv) a law enforcement officer (as defined in
39 IC 35-31.5-2-185);
40 (v) a judge (as defined in IC 33-38-12-3);
41 (vi) the victim of a crime; or
42 (vii) a family member of a correctional officer, probation
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1 officer, community corrections officer, law enforcement
2 officer (as defined in IC 35-31.5-2-185), judge (as defined
3 in IC 33-38-12-3), or victim of a crime; or
4 (B) concern or could affect the security of a jail or correctional
5 facility.
6 For purposes of this subdivision, "agent" means a person who is
7 authorized by an offender to act on behalf of, or at the direction
8 of, the offender, and "relative" has the meaning set forth in
9 IC 35-42-2-1(b). However, the term "agent" does not include an
10 attorney in good standing admitted to the practice of law in
11 Indiana.
12 (24) Information concerning an individual less than eighteen (18)
13 years of age who participates in a conference, meeting, program,
14 or activity conducted or supervised by a state educational
15 institution, including the following information regarding the
16 individual or the individual's parent or guardian:
17 (A) Name.
18 (B) Address.
19 (C) Telephone number.
20 (D) Electronic mail account address.
21 (25) Criminal intelligence information.
22 (26) The following information contained in a report of unclaimed
23 property under IC 32-34-1.5-18 or in a claim for unclaimed
24 property under IC 32-34-1.5-48:
25 (A) Date of birth.
26 (B) Driver's license number.
27 (C) Taxpayer identification number.
28 (D) Employer identification number.
29 (E) Account number.
30 (27) Except as provided in subdivision (19) and sections 5.1 and
31 5.2 of this chapter, a law enforcement recording. However, before
32 disclosing the recording, the public agency must comply with the
33 obscuring requirements of sections 5.1 and 5.2 of this chapter, if
34 applicable.
35 (28) Records relating to negotiations between a state educational
36 institution and another entity concerning the establishment of a
37 collaborative relationship or venture to advance the research,
38 engagement, or educational mission of the state educational
39 institution, if the records are created while negotiations are in
40 progress. The terms of the final offer of public financial resources
41 communicated by the state educational institution to an industrial,
42 a research, or a commercial prospect shall be available for
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1 inspection and copying under section 3 of this chapter after
2 negotiations with that prospect have terminated. However, this
3 subdivision does not apply to records regarding research
4 prohibited under IC 16-34.5-1-2 or any other law.
5 (c) Nothing contained in subsection (b) shall limit or affect the right
6 of a person to inspect and copy a public record required or directed to
7 be made by any statute or by any rule of a public agency.
8 (d) Notwithstanding any other law, a public record that is classified
9 as confidential, other than a record concerning an adoption or patient
10 medical records, or a birth or stillbirth, shall be made available for
11 inspection and copying seventy-five (75) years after the creation of that
12 record.
13 (e) Only the content of a public record may form the basis for the
14 adoption by any public agency of a rule or procedure creating an
15 exception from disclosure under this section.
16 (f) Except as provided by law, a public agency may not adopt a rule
17 or procedure that creates an exception from disclosure under this
18 section based upon whether a public record is stored or accessed using
19 paper, electronic media, magnetic media, optical media, or other
20 information storage technology.
21 (g) Except as provided by law, a public agency may not adopt a rule
22 or procedure nor impose any costs or liabilities that impede or restrict
23 the reproduction or dissemination of any public record.
24 (h) Notwithstanding subsection (d) and section 7 of this chapter:
25 (1) public records subject to IC 5-15 may be destroyed only in
26 accordance with record retention schedules under IC 5-15; or
27 (2) public records not subject to IC 5-15 may be destroyed in the
28 ordinary course of business.
29 SECTION 2. IC 16-37-1-7.5 IS ADDED TO THE INDIANA CODE
30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
31 1, 2024]: Sec. 7.5. (a) A registration or certificate of a birth or
32 stillbirth shall be:
33 (1) open to public inspection; and
34 (2) a copy provided;
35 upon the request of any person that occurs on or after the date that
36 is ninety-nine (99) years after the record's creation date.
37 (b) Notwithstanding subsection (a), the birth record of an
38 adopted child remains subject to the confidentiality provisions of
39 IC 31-19 regarding the release of adoption information.
40 SECTION 3. IC 16-37-1-8, AS AMENDED BY P.L.147-2023,
41 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 8. (a) Except as provided in section 7.5 of this
2024 IN 1365—LS 6182/DI 104 11
1 chapter and subsection (d), a local health officer shall provide a
2 certification of birth, death, or stillbirth registration upon request by
3 any person only if:
4 (1) the health officer is satisfied that the applicant has a direct
5 interest in the matter;
6 (2) the health officer determines that the certificate is necessary
7 for the determination of personal or property rights or for
8 compliance with state or federal law; and
9 (3) the applicant for a birth certificate presents at least one (1)
10 form of identification.
11 However, the local health officer must issue a certificate of an
12 applicant's own birth registration.
13 (b) A local health officer's decision whether or not to issue a
14 certified copy of a birth certificate is subject to review by a court.
15 (c) A local health officer may issue a certification of birth, death, or
16 stillbirth from the electronic registration systems in section 3.1 of this
17 chapter, regardless of the location of the filing of the record.
18 (d) A local health officer may not issue a copy of a birth certificate
19 of a missing child to which a notice has been attached under
20 IC 10-13-5-11 without the authorization of the Indiana clearinghouse
21 for information on missing children and missing endangered adults.
22 (e) Upon determination that a person may be provided a certification
23 of death under subsection (a), the local health officer shall provide to
24 the person a certification of death that excludes information concerning
25 the cause of death if the person requests the exclusion of this
26 information.
27 SECTION 4. IC 16-37-1-10, AS AMENDED BY P.L.138-2019,
28 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 10. (a) Information contained in a birth record is
30 confidential and may be disclosed only in accordance with this article.
31 (b) Except as provided in section 7.5 of this chapter and
32 subsections (c) and (d), the records and files of the division of the state
33 department concerning vital statistics are subject to this article and
34 rules of the state department. Data contained in the records and files
35 may be disclosed only as follows:
36 (1) The state registrar shall permit inspection of the records or
37 issue a certified copy of a certificate or part of a certificate only
38 if the state registrar is satisfied of the following:
39 (A) That the applicant has a direct interest in the matter
40 recorded.
41 (B) That the information is necessary for the determination of
42 personal or property rights or for compliance with state or
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1 federal law.
2 The state registrar's decision is subject to review by the state
3 department or a court under this section.
4 (2) The state department may disclose identifiable vital statistics
5 information to a legitimate researcher, if the researcher complies
6 with the following requirements:
7 (A) The researcher states in writing to the state department the
8 purpose, including:
9 (i) any intent to publish findings;
10 (ii) the nature of the data sought;
11 (iii) the personal information that would be required; and
12 (iv) the safeguards that will be taken to protect the identity
13 of the data subjects.
14 (B) The researcher executes an agreement with the state
15 department, on a form approved by the oversight committee on
16 public records established under IC 5-15-5.1-18, that:
17 (i) incorporates safeguards for protection of individual data
18 subjects;
19 (ii) defines the scope of the research project; and
20 (iii) informs the researcher that failure to abide by
21 conditions of the approved agreement constitutes a breach
22 of contract and could result in civil litigation by any data
23 subject.
24 (C) The researcher agrees to pay any direct or indirect costs of
25 the research.
26 The state department shall determine whether the proposed
27 safeguards are adequate to prevent the identity of an individual
28 data subject from being known before approving the agreement.
29 Upon execution of an agreement described in this subdivision, the
30 state department shall maintain a copy of the agreement for the
31 duration of the agreement's effective date.
32 (3) In any extraordinary case that the state registrar determines is
33 a direct tangible and legitimate public interest.
34 (c) Notwithstanding subsection (b)(1) through (b)(3), a certificate
35 of death received by a local health department (as defined in
36 IC 16-18-2-211) or the state department is a public record that, upon
37 request, must be made available for inspection and copying if:
38 (1) the copy made of the certificate of death is not a certified
39 copy;
40 (2) any Social Security number that appears on the certificate of
41 death is redacted; and
42 (3) any charge or fee that is due under section 9, 11, or 11.5 of
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1 this chapter is collected.
2 (d) The birth record of an adopted child remains subject to the
3 confidentiality provisions of IC 31-19 regarding the release of adoption
4 information.
5 (e) The state registrar may deny a request to inspect or copy a record
6 concerning vital statistics that is in the state registrar's possession if the
7 state registrar has a reasonable suspicion that releasing the record may
8 result in fraud or identity theft.
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