Indiana 2025 Regular Session

Indiana House Bill HB1148 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1148.1
	2	+	March 14, 2025
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1148
	5	+	_____
	6	+	DIGEST OF HB 1148 (Updated March 12, 2025 10:04 am - DI 140)
	7	+	Citations Affected: IC 5-14; IC 16-37.
	8	+	Synopsis: Confidentiality of birth and stillbirth records. Provides that
	9	+	a registration or certificate of a birth or stillbirth is open to public
	10	+	inspection and copying upon the request of any person that occurs 99
	11	+	years (instead of 75 years) after the record is created.
	12	+	Effective: July 1, 2025.
	13	+	Porter, Barrett, Carbaugh,
	14	+	Shackleford
	15	+	(SENATE SPONSORS — BECKER, JACKSON L, CHARBONNEAU)
	16	+	January 8, 2025, read first time and referred to Committee on Public Health.
	17	+	January 21, 2025, reported — Do Pass.
	18	+	January 27, 2025, read second time, ordered engrossed.
	19	+	January 28, 2025, engrossed. Read third time, passed. Yeas 91, nays 0.
	20	+	SENATE ACTION
	21	+	February 18, 2025, read first time and referred to Committee on Health and Provider
	22	+	Services.
	23	+	March 13, 2025, reported favorably — Do Pass.
	24	+	EH 1148—LS 6003/DI 104 March 14, 2025
1	25		First Regular Session of the 124th General Assembly (2025)
2	26		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	27		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	28		additions will appear in this style type, and deletions will appear in this style type.
5	29		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	30		provision adopted), the text of the new provision will appear in this style type. Also, the
7	31		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	32		a new provision to the Indiana Code or the Indiana Constitution.
9	33		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	34		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1148
12		-	AN ACT to amend the Indiana Code concerning health.
	35	+	ENGROSSED
	36	+	HOUSE BILL No. 1148
	37	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	38	+	health.
13	39		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 5-14-3-4, AS AMENDED BY P.L.104-2024,
15		-	SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2025]: Sec. 4. (a) The following public records are excepted
17		-	from section 3 of this chapter and may not be disclosed by a public
18		-	agency, unless access to the records is specifically required by a state
19		-	or federal statute or is ordered by a court under the rules of discovery:
20		-	(1) Those declared confidential by state statute.
21		-	(2) Those declared confidential by rule adopted by a public
22		-	agency under specific authority to classify public records as
23		-	confidential granted to the public agency by statute.
24		-	(3) Those required to be kept confidential by federal law.
25		-	(4) Records containing trade secrets.
26		-	(5) Confidential financial information obtained, upon request,
27		-	from a person. However, this does not include information that is
28		-	filed with or received by a public agency pursuant to state statute.
29		-	(6) Information concerning research, including actual research
30		-	documents, conducted under the auspices of a state educational
31		-	institution, including information:
32		-	(A) concerning any negotiations made with respect to the
33		-	research; and
34		-	(B) received from another party involved in the research.
35		-	(7) Grade transcripts and license examination scores obtained as
36		-	HEA 1148 2
37		-	part of a licensure process.
38		-	(8) Those declared confidential by or under rules adopted by the
39		-	supreme court of Indiana.
40		-	(9) Patient medical records and charts created by a provider,
41		-	unless the patient gives written consent under IC 16-39 or as
42		-	provided under IC 16-41-8.
43		-	(10) Application information declared confidential by the Indiana
44		-	economic development corporation under IC 5-28.
45		-	(11) A photograph, a video recording, or an audio recording of an
46		-	autopsy, except as provided in IC 36-2-14-10.
47		-	(12) A Social Security number contained in the records of a
48		-	public agency.
49		-	(13) The following information that is part of a foreclosure action
50		-	subject to IC 32-30-10.5:
51		-	(A) Contact information for a debtor, as described in
52		-	IC 32-30-10.5-8(d)(1)(B).
53		-	(B) Any document submitted to the court as part of the debtor's
54		-	loss mitigation package under IC 32-30-10.5-10(a)(3).
55		-	(14) The following information obtained from a call made to a
56		-	fraud hotline established under IC 36-1-8-8.5:
57		-	(A) The identity of any individual who makes a call to the
58		-	fraud hotline.
59		-	(B) A report, transcript, audio recording, or other information
60		-	concerning a call to the fraud hotline.
61		-	However, records described in this subdivision may be disclosed
62		-	to a law enforcement agency, a private university police
63		-	department, the attorney general, the inspector general, the state
64		-	examiner, or a prosecuting attorney.
65		-	(15) Information described in section 5(c)(3)(B) of this chapter
66		-	that is contained in a daily log or record described in section 5(c)
67		-	of this chapter for a victim of a crime or delinquent act who is less
68		-	than eighteen (18) years of age, unless and to the extent that:
69		-	(A) a parent, guardian, or custodian of the victim consents in
70		-	writing to public disclosure of the records; and
71		-	(B) that parent, guardian, or custodian of the victim has not
72		-	been charged with or convicted of committing a crime against
73		-	the victim.
74		-	However, records described in this subdivision may be disclosed
75		-	to the department of child services.
76		-	(b) Except as otherwise provided by subsection (a), the following
77		-	public records shall be excepted from section 3 of this chapter at the
78		-	discretion of a public agency:
79		-	HEA 1148 3
80		-	(1) Investigatory records of law enforcement agencies or private
81		-	university police departments. For purposes of this chapter, a law
82		-	enforcement recording is not an investigatory record. However,
83		-	information described in subsection (a)(15) contained in a law
84		-	enforcement recording is exempt from disclosure, unless and to
85		-	the extent that a parent, guardian, or custodian of the victim
86		-	consents in writing to public disclosure of the records. However,
87		-	a parent, guardian, or custodian charged with or convicted of a
88		-	crime against the victim may not consent to public disclosure of
89		-	the records. Law enforcement agencies or private university
90		-	police departments may share investigatory records with:
91		-	(A) a person who advocates on behalf of a crime victim,
92		-	including a victim advocate (as defined in IC 35-37-6-3.5) or
93		-	a victim service provider (as defined in IC 35-37-6-5), for the
94		-	purposes of providing services to a victim or describing
95		-	services that may be available to a victim;
96		-	(B) a school corporation (as defined by IC 20-18-2-16(a)),
97		-	charter school (as defined by IC 20-24-1-4), or nonpublic
98		-	school (as defined by IC 20-18-2-12) for the purpose of
99		-	enhancing the safety or security of a student or a school
100		-	facility; and
101		-	(C) the victim services division of the Indiana criminal justice
102		-	institute under IC 5-2-6-8, for the purposes of conducting an
103		-	investigation under IC 5-2-6.1-26;
104		-	without the law enforcement agency or private university police
105		-	department losing its discretion to keep those records confidential
106		-	from other records requesters. However, certain law enforcement
107		-	records must be made available for inspection and copying as
108		-	provided in section 5 of this chapter.
109		-	(2) The work product of an attorney representing, pursuant to
110		-	state employment or an appointment by a public agency:
111		-	(A) a public agency;
112		-	(B) the state; or
113		-	(C) an individual.
114		-	(3) Test questions, scoring keys, and other examination data used
115		-	in administering a licensing examination, examination for
116		-	employment, or academic examination before the examination is
117		-	given or if it is to be given again.
118		-	(4) Scores of tests if the person is identified by name and has not
119		-	consented to the release of the person's scores.
120		-	(5) The following:
121		-	(A) Records relating to negotiations between:
122		-	HEA 1148 4
123		-	(i) the Indiana economic development corporation;
124		-	(ii) the ports of Indiana;
125		-	(iii) the Indiana state department of agriculture;
126		-	(iv) the Indiana finance authority;
127		-	(v) an economic development commission;
128		-	(vi) the Indiana White River state park development
129		-	commission;
130		-	(vii) a local economic development organization that is a
131		-	nonprofit corporation established under state law whose
132		-	primary purpose is the promotion of industrial or business
133		-	development in Indiana, the retention or expansion of
134		-	Indiana businesses, or the development of entrepreneurial
135		-	activities in Indiana; or
136		-	(viii) a governing body of a political subdivision;
137		-	with industrial, research, or commercial prospects, if the
138		-	records are created while negotiations are in progress.
139		-	However, this clause does not apply to records regarding
140		-	research that is prohibited under IC 16-34.5-1-2 or any other
141		-	law.
142		-	(B) Notwithstanding clause (A), the terms of the final offer of
143		-	public financial resources communicated by the Indiana
144		-	economic development corporation, the ports of Indiana, the
145		-	Indiana finance authority, an economic development
146		-	commission, the Indiana White River state park development
147		-	commission, or a governing body of a political subdivision to
148		-	an industrial, a research, or a commercial prospect shall be
149		-	available for inspection and copying under section 3 of this
150		-	chapter after negotiations with that prospect have terminated.
151		-	(C) When disclosing a final offer under clause (B), the Indiana
152		-	economic development corporation shall certify that the
153		-	information being disclosed accurately and completely
154		-	represents the terms of the final offer.
155		-	(D) Notwithstanding clause (A), an incentive agreement with
156		-	an incentive recipient shall be available for inspection and
157		-	copying under section 3 of this chapter after the date the
158		-	incentive recipient and the Indiana economic development
159		-	corporation execute the incentive agreement regardless of
160		-	whether negotiations are in progress with the recipient after
161		-	that date regarding a modification or extension of the incentive
162		-	agreement.
163		-	(6) Records that are intra-agency or interagency advisory or
164		-	deliberative material, including material developed by a private
165		-	HEA 1148 5
166		-	contractor under a contract with a public agency, that are
167		-	expressions of opinion or are of a speculative nature, and that are
168		-	communicated for the purpose of decision making.
169		-	(7) Diaries, journals, or other personal notes serving as the
170		-	functional equivalent of a diary or journal.
171		-	(8) Personnel files of public employees and files of applicants for
172		-	public employment, except for:
173		-	(A) the name, compensation, job title, business address,
174		-	business telephone number, job description, education and
175		-	training background, previous work experience, or dates of
176		-	first and last employment of present or former officers or
177		-	employees of the agency;
178		-	(B) information relating to the status of any formal charges
179		-	against the employee; and
180		-	(C) the factual basis for a disciplinary action in which final
181		-	action has been taken and that resulted in the employee being
182		-	suspended, demoted, or discharged.
183		-	However, all personnel file information shall be made available
184		-	to the affected employee or the employee's representative. This
185		-	subdivision does not apply to disclosure of personnel information
186		-	generally on all employees or for groups of employees without the
187		-	request being particularized by employee name.
188		-	(9) Minutes or records of hospital medical staff meetings.
189		-	(10) Administrative or technical information that would
190		-	jeopardize a record keeping system, voting system, voter
191		-	registration system, or security system.
192		-	(11) Computer programs, computer codes, computer filing
193		-	systems, and other software that are owned by the public agency
194		-	or entrusted to it and portions of electronic maps entrusted to a
195		-	public agency by a utility.
196		-	(12) Records specifically prepared for discussion or developed
197		-	during discussion in an executive session under IC 5-14-1.5-6.1.
198		-	However, this subdivision does not apply to that information
199		-	required to be available for inspection and copying under
200		-	subdivision (8).
201		-	(13) The work product of the legislative services agency under
202		-	personnel rules approved by the legislative council.
203		-	(14) The work product of individual members and the partisan
204		-	staffs of the general assembly.
205		-	(15) The identity of a donor of a gift made to a public agency if:
206		-	(A) the donor requires nondisclosure of the donor's identity as
207		-	a condition of making the gift; or
208		-	HEA 1148 6
209		-	(B) after the gift is made, the donor or a member of the donor's
210		-	family requests nondisclosure.
211		-	(16) Library or archival records:
212		-	(A) which can be used to identify any library patron; or
213		-	(B) deposited with or acquired by a library upon a condition
214		-	that the records be disclosed only:
215		-	(i) to qualified researchers;
216		-	(ii) after the passing of a period of years that is specified in
217		-	the documents under which the deposit or acquisition is
218		-	made; or
219		-	(iii) after the death of persons specified at the time of the
220		-	acquisition or deposit.
221		-	However, nothing in this subdivision shall limit or affect contracts
222		-	entered into by the Indiana state library pursuant to IC 4-1-6-8.
223		-	(17) The identity of any person who contacts the bureau of motor
224		-	vehicles concerning the ability of a driver to operate a motor
225		-	vehicle safely and the medical records and evaluations made by
226		-	the bureau of motor vehicles staff or members of the driver
227		-	licensing medical advisory board regarding the ability of a driver
228		-	to operate a motor vehicle safely. However, upon written request
229		-	to the commissioner of the bureau of motor vehicles, the driver
230		-	must be given copies of the driver's medical records and
231		-	evaluations.
232		-	(18) School safety and security measures, plans, and systems,
233		-	including emergency preparedness plans developed under 511
234		-	IAC 6.1-2-2.5.
235		-	(19) A record or a part of a record, the public disclosure of which
236		-	would have a reasonable likelihood of threatening public safety
237		-	by exposing a vulnerability to terrorist attack. A record described
238		-	under this subdivision includes the following:
239		-	(A) A record assembled, prepared, or maintained to prevent,
240		-	mitigate, or respond to an act of terrorism under IC 35-47-12-1
241		-	(before its repeal), an act of agricultural terrorism under
242		-	IC 35-47-12-2 (before its repeal), or a felony terrorist offense
243		-	(as defined in IC 35-50-2-18).
244		-	(B) Vulnerability assessments.
245		-	(C) Risk planning documents.
246		-	(D) Needs assessments.
247		-	(E) Threat assessments.
248		-	(F) Intelligence assessments.
249		-	(G) Domestic preparedness strategies.
250		-	(H) The location of community drinking water wells and
251		-	HEA 1148 7
252		-	surface water intakes.
253		-	(I) The emergency contact information of emergency
254		-	responders and volunteers.
255		-	(J) Infrastructure records that disclose the configuration of
256		-	critical systems such as voting system and voter registration
257		-	system critical infrastructure, and communication, electrical,
258		-	ventilation, water, and wastewater systems.
259		-	(K) Detailed drawings or specifications of structural elements,
260		-	floor plans, and operating, utility, or security systems, whether
261		-	in paper or electronic form, of any building or facility located
262		-	on an airport (as defined in IC 8-21-1-1) that is owned,
263		-	occupied, leased, or maintained by a public agency, or any part
264		-	of a law enforcement recording that captures information
265		-	about airport security procedures, areas, or systems. A record
266		-	described in this clause may not be released for public
267		-	inspection by any public agency without the prior approval of
268		-	the public agency that owns, occupies, leases, or maintains the
269		-	airport. Both of the following apply to the public agency that
270		-	owns, occupies, leases, or maintains the airport:
271		-	(i) The public agency is responsible for determining whether
272		-	the public disclosure of a record or a part of a record,
273		-	including a law enforcement recording, has a reasonable
274		-	likelihood of threatening public safety by exposing a
275		-	security procedure, area, system, or vulnerability to terrorist
276		-	attack.
277		-	(ii) The public agency must identify a record described
278		-	under item (i) and clearly mark the record as "confidential
279		-	and not subject to public disclosure under
280		-	IC 5-14-3-4(b)(19)(J) without approval of (insert name of
281		-	submitting public agency)". However, in the case of a law
282		-	enforcement recording, the public agency must clearly mark
283		-	the record as "confidential and not subject to public
284		-	disclosure under IC 5-14-3-4(b)(19)(K) without approval of
285		-	(insert name of the public agency that owns, occupies,
286		-	leases, or maintains the airport)".
287		-	(L) The home address, home telephone number, and
288		-	emergency contact information for any:
289		-	(i) emergency management worker (as defined in
290		-	IC 10-14-3-3);
291		-	(ii) public safety officer (as defined in IC 35-47-4.5-3);
292		-	(iii) emergency medical responder (as defined in
293		-	IC 16-18-2-109.8); or
294		-	HEA 1148 8
295		-	(iv) advanced emergency medical technician (as defined in
296		-	IC 16-18-2-6.5).
297		-	(M) Information relating to security measures or precautions
298		-	used to secure the statewide 911 system under IC 36-8-16.7.
299		-	This subdivision does not apply to a record or portion of a record
300		-	pertaining to a location or structure owned or protected by a
301		-	public agency in the event that an act of terrorism under
302		-	IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
303		-	under IC 35-47-12-2 (before its repeal), or a felony terrorist
304		-	offense (as defined in IC 35-50-2-18) has occurred at that location
305		-	or structure, unless release of the record or portion of the record
306		-	would have a reasonable likelihood of threatening public safety
307		-	by exposing a vulnerability of other locations or structures to
308		-	terrorist attack.
309		-	(20) The following personal information concerning a customer
310		-	of a municipally owned utility (as defined in IC 8-1-2-1):
311		-	(A) Telephone number.
312		-	(B) Address.
313		-	(C) Social Security number.
314		-	(21) The following personal information about a complainant
315		-	contained in records of a law enforcement agency:
316		-	(A) Telephone number.
317		-	(B) The complainant's address. However, if the complainant's
318		-	address is the location of the suspected crime, infraction,
319		-	accident, or complaint reported, the address shall be made
320		-	available for public inspection and copying.
321		-	(22) Notwithstanding subdivision (8)(A), the name,
322		-	compensation, job title, business address, business telephone
323		-	number, job description, education and training background,
324		-	previous work experience, or dates of first employment of a law
325		-	enforcement officer who is operating in an undercover capacity.
326		-	(23) Records requested by an offender, an agent, or a relative of
327		-	an offender that:
328		-	(A) contain personal information relating to:
329		-	(i) a correctional officer (as defined in IC 5-10-10-1.5);
330		-	(ii) a probation officer;
331		-	(iii) a community corrections officer;
332		-	(iv) a law enforcement officer (as defined in
333		-	IC 35-31.5-2-185);
334		-	(v) a judge (as defined in IC 33-38-12-3);
335		-	(vi) the victim of a crime; or
336		-	(vii) a family member of a correctional officer, probation
337		-	HEA 1148 9
338		-	officer, community corrections officer, law enforcement
339		-	officer (as defined in IC 35-31.5-2-185), judge (as defined
340		-	in IC 33-38-12-3), or victim of a crime; or
341		-	(B) concern or could affect the security of a jail or correctional
342		-	facility.
343		-	For purposes of this subdivision, "agent" means a person who is
344		-	authorized by an offender to act on behalf of, or at the direction
345		-	of, the offender, and "relative" has the meaning set forth in
346		-	IC 35-42-2-1(b). However, the term "agent" does not include an
347		-	attorney in good standing admitted to the practice of law in
348		-	Indiana.
349		-	(24) Information concerning an individual less than eighteen (18)
350		-	years of age who participates in a conference, meeting, program,
351		-	or activity conducted or supervised by a state educational
352		-	institution, including the following information regarding the
353		-	individual or the individual's parent or guardian:
354		-	(A) Name.
355		-	(B) Address.
356		-	(C) Telephone number.
357		-	(D) Electronic mail account address.
358		-	(25) Criminal intelligence information.
359		-	(26) The following information contained in a report of unclaimed
360		-	property under IC 32-34-1.5-18 or in a claim for unclaimed
361		-	property under IC 32-34-1.5-48:
362		-	(A) Date of birth.
363		-	(B) Driver's license number.
364		-	(C) Taxpayer identification number.
365		-	(D) Employer identification number.
366		-	(E) Account number.
367		-	(27) Except as provided in subdivision (19) and sections 5.1 and
368		-	5.2 of this chapter, a law enforcement recording. However, before
369		-	disclosing the recording, the public agency must comply with the
370		-	obscuring requirements of sections 5.1 and 5.2 of this chapter, if
371		-	applicable.
372		-	(28) Records relating to negotiations between a state educational
373		-	institution and another entity concerning the establishment of a
374		-	collaborative relationship or venture to advance the research,
375		-	engagement, or educational mission of the state educational
376		-	institution, if the records are created while negotiations are in
377		-	progress. The terms of the final offer of public financial resources
378		-	communicated by the state educational institution to an industrial,
379		-	a research, or a commercial prospect shall be available for
380		-	HEA 1148 10
381		-	inspection and copying under section 3 of this chapter after
382		-	negotiations with that prospect have terminated. However, this
383		-	subdivision does not apply to records regarding research
384		-	prohibited under IC 16-34.5-1-2 or any other law.
385		-	(c) Nothing contained in subsection (b) shall limit or affect the right
386		-	of a person to inspect and copy a public record required or directed to
387		-	be made by any statute or by any rule of a public agency.
388		-	(d) Notwithstanding any other law, a public record that is classified
389		-	as confidential, other than a record concerning:
390		-	(1) an adoption or patient medical records; or
391		-	(2) a birth or stillbirth;
392		-	shall be made available for inspection and copying seventy-five (75)
393		-	years after the creation of that record. A registration or certificate of
394		-	a birth or stillbirth shall be made available in accordance with
395		-	IC 16-37-1-7.5.
396		-	(e) Only the content of a public record may form the basis for the
397		-	adoption by any public agency of a rule or procedure creating an
398		-	exception from disclosure under this section.
399		-	(f) Except as provided by law, a public agency may not adopt a rule
400		-	or procedure that creates an exception from disclosure under this
401		-	section based upon whether a public record is stored or accessed using
402		-	paper, electronic media, magnetic media, optical media, or other
403		-	information storage technology.
404		-	(g) Except as provided by law, a public agency may not adopt a rule
405		-	or procedure nor impose any costs or liabilities that impede or restrict
406		-	the reproduction or dissemination of any public record.
407		-	(h) Notwithstanding subsection (d) and section 7 of this chapter:
408		-	(1) public records subject to IC 5-15 may be destroyed only in
409		-	accordance with record retention schedules under IC 5-15; or
410		-	(2) public records not subject to IC 5-15 may be destroyed in the
411		-	ordinary course of business.
412		-	SECTION 2. IC 16-37-1-7.5 IS ADDED TO THE INDIANA CODE
413		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
414		-	1, 2025]: Sec. 7.5. (a) A registration or certificate of a birth or
415		-	stillbirth shall be open to public inspection, and a copy provided,
416		-	upon the request of any person that occurs on or after the date that
417		-	is ninety-nine (99) years after the record's creation date.
418		-	(b) Notwithstanding subsection (a), the birth record of an
419		-	adopted child remains subject to the confidentiality provisions of
420		-	IC 31-19 regarding the release of adoption information.
421		-	SECTION 3. IC 16-37-1-8, AS AMENDED BY P.L.40-2024,
422		-	SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
423		-	HEA 1148 11
424		-	JULY 1, 2025]: Sec. 8. (a) Except as provided in section 7.5 of this
425		-	chapter and subsection (d), a local health officer shall provide a
426		-	certification of birth, death, or stillbirth registration upon request by
427		-	any person only if:
428		-	(1) the health officer is satisfied that the applicant has a direct
429		-	interest in the matter;
430		-	(2) the health officer determines that the certificate is necessary
431		-	for the determination of personal or property rights or for
432		-	compliance with state or federal law; and
433		-	(3) the applicant for a birth certificate presents at least one (1)
434		-	form of identification.
435		-	However, the local health officer must issue a certificate of an
436		-	applicant's own birth registration.
437		-	(b) A local health officer's decision whether or not to issue a
438		-	certified copy of a birth certificate is subject to review by a court.
439		-	(c) A local health officer may issue a certification of birth, death, or
440		-	stillbirth from the electronic registration systems in section 3.1 of this
441		-	chapter, regardless of the location of the filing of the record.
442		-	(d) A local health officer may not issue a copy of a birth certificate
443		-	of a missing child to which a notice has been attached under
444		-	IC 10-13-5-11 without the authorization of the Indiana clearinghouse
445		-	for information on missing children, missing veterans at risk, and
446		-	missing endangered adults.
447		-	(e) Upon determination that a person may be provided a certification
448		-	of death under subsection (a), the local health officer shall provide to
449		-	the person a certification of death that excludes information concerning
450		-	the cause of death if the person requests the exclusion of this
451		-	information.
452		-	SECTION 4. IC 16-37-1-10, AS AMENDED BY P.L.138-2019,
453		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
454		-	JULY 1, 2025]: Sec. 10. (a) Information contained in a birth record is
455		-	confidential and may be disclosed only in accordance with this article.
456		-	(b) Except as provided in section 7.5 of this chapter and
457		-	subsections (c) and (d), the records and files of the division of the state
458		-	department concerning vital statistics are subject to this article and
459		-	rules of the state department. Data contained in the records and files
460		-	may be disclosed only as follows:
461		-	(1) The state registrar shall permit inspection of the records or
462		-	issue a certified copy of a certificate or part of a certificate only
463		-	if the state registrar is satisfied of the following:
464		-	(A) That the applicant has a direct interest in the matter
465		-	recorded.
466		-	HEA 1148 12
467		-	(B) That the information is necessary for the determination of
468		-	personal or property rights or for compliance with state or
469		-	federal law.
470		-	The state registrar's decision is subject to review by the state
471		-	department or a court under this section.
472		-	(2) The state department may disclose identifiable vital statistics
473		-	information to a legitimate researcher, if the researcher complies
474		-	with the following requirements:
475		-	(A) The researcher states in writing to the state department the
476		-	purpose, including:
477		-	(i) any intent to publish findings;
478		-	(ii) the nature of the data sought;
479		-	(iii) the personal information that would be required; and
480		-	(iv) the safeguards that will be taken to protect the identity
481		-	of the data subjects.
482		-	(B) The researcher executes an agreement with the state
483		-	department, on a form approved by the oversight committee on
484		-	public records established under IC 5-15-5.1-18, that:
485		-	(i) incorporates safeguards for protection of individual data
486		-	subjects;
487		-	(ii) defines the scope of the research project; and
488		-	(iii) informs the researcher that failure to abide by
489		-	conditions of the approved agreement constitutes a breach
490		-	of contract and could result in civil litigation by any data
491		-	subject.
492		-	(C) The researcher agrees to pay any direct or indirect costs of
493		-	the research.
494		-	The state department shall determine whether the proposed
495		-	safeguards are adequate to prevent the identity of an individual
496		-	data subject from being known before approving the agreement.
497		-	Upon execution of an agreement described in this subdivision, the
498		-	state department shall maintain a copy of the agreement for the
499		-	duration of the agreement's effective date.
500		-	(3) In any extraordinary case that the state registrar determines is
501		-	a direct tangible and legitimate public interest.
502		-	(c) Notwithstanding subsection (b)(1) through (b)(3), a certificate
503		-	of death received by a local health department (as defined in
504		-	IC 16-18-2-211) or the state department is a public record that, upon
505		-	request, must be made available for inspection and copying if:
506		-	(1) the copy made of the certificate of death is not a certified
507		-	copy;
508		-	(2) any Social Security number that appears on the certificate of
509		-	HEA 1148 13
510		-	death is redacted; and
511		-	(3) any charge or fee that is due under section 9, 11, or 11.5 of
512		-	this chapter is collected.
513		-	(d) The birth record of an adopted child remains subject to the
514		-	confidentiality provisions of IC 31-19 regarding the release of adoption
515		-	information.
516		-	(e) The state registrar may deny a request to inspect or copy a record
517		-	concerning vital statistics that is in the state registrar's possession if the
518		-	state registrar has a reasonable suspicion that releasing the record may
519		-	result in fraud or identity theft.
520		-	HEA 1148 Speaker of the House of Representatives
521		-	President of the Senate
522		-	President Pro Tempore
523		-	Governor of the State of Indiana
524		-	Date: Time:
525		-	HEA 1148
	40	+	1 SECTION 1. IC 5-14-3-4, AS AMENDED BY P.L.104-2024,
	41	+	2 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	42	+	3 JULY 1, 2025]: Sec. 4. (a) The following public records are excepted
	43	+	4 from section 3 of this chapter and may not be disclosed by a public
	44	+	5 agency, unless access to the records is specifically required by a state
	45	+	6 or federal statute or is ordered by a court under the rules of discovery:
	46	+	7 (1) Those declared confidential by state statute.
	47	+	8 (2) Those declared confidential by rule adopted by a public
	48	+	9 agency under specific authority to classify public records as
	49	+	10 confidential granted to the public agency by statute.
	50	+	11 (3) Those required to be kept confidential by federal law.
	51	+	12 (4) Records containing trade secrets.
	52	+	13 (5) Confidential financial information obtained, upon request,
	53	+	14 from a person. However, this does not include information that is
	54	+	15 filed with or received by a public agency pursuant to state statute.
	55	+	16 (6) Information concerning research, including actual research
	56	+	17 documents, conducted under the auspices of a state educational
	57	+	EH 1148—LS 6003/DI 104 2
	58	+	1 institution, including information:
	59	+	2 (A) concerning any negotiations made with respect to the
	60	+	3 research; and
	61	+	4 (B) received from another party involved in the research.
	62	+	5 (7) Grade transcripts and license examination scores obtained as
	63	+	6 part of a licensure process.
	64	+	7 (8) Those declared confidential by or under rules adopted by the
	65	+	8 supreme court of Indiana.
	66	+	9 (9) Patient medical records and charts created by a provider,
	67	+	10 unless the patient gives written consent under IC 16-39 or as
	68	+	11 provided under IC 16-41-8.
	69	+	12 (10) Application information declared confidential by the Indiana
	70	+	13 economic development corporation under IC 5-28.
	71	+	14 (11) A photograph, a video recording, or an audio recording of an
	72	+	15 autopsy, except as provided in IC 36-2-14-10.
	73	+	16 (12) A Social Security number contained in the records of a
	74	+	17 public agency.
	75	+	18 (13) The following information that is part of a foreclosure action
	76	+	19 subject to IC 32-30-10.5:
	77	+	20 (A) Contact information for a debtor, as described in
	78	+	21 IC 32-30-10.5-8(d)(1)(B).
	79	+	22 (B) Any document submitted to the court as part of the debtor's
	80	+	23 loss mitigation package under IC 32-30-10.5-10(a)(3).
	81	+	24 (14) The following information obtained from a call made to a
	82	+	25 fraud hotline established under IC 36-1-8-8.5:
	83	+	26 (A) The identity of any individual who makes a call to the
	84	+	27 fraud hotline.
	85	+	28 (B) A report, transcript, audio recording, or other information
	86	+	29 concerning a call to the fraud hotline.
	87	+	30 However, records described in this subdivision may be disclosed
	88	+	31 to a law enforcement agency, a private university police
	89	+	32 department, the attorney general, the inspector general, the state
	90	+	33 examiner, or a prosecuting attorney.
	91	+	34 (15) Information described in section 5(c)(3)(B) of this chapter
	92	+	35 that is contained in a daily log or record described in section 5(c)
	93	+	36 of this chapter for a victim of a crime or delinquent act who is less
	94	+	37 than eighteen (18) years of age, unless and to the extent that:
	95	+	38 (A) a parent, guardian, or custodian of the victim consents in
	96	+	39 writing to public disclosure of the records; and
	97	+	40 (B) that parent, guardian, or custodian of the victim has not
	98	+	41 been charged with or convicted of committing a crime against
	99	+	42 the victim.
	100	+	EH 1148—LS 6003/DI 104 3
	101	+	1 However, records described in this subdivision may be disclosed
	102	+	2 to the department of child services.
	103	+	3 (b) Except as otherwise provided by subsection (a), the following
	104	+	4 public records shall be excepted from section 3 of this chapter at the
	105	+	5 discretion of a public agency:
	106	+	6 (1) Investigatory records of law enforcement agencies or private
	107	+	7 university police departments. For purposes of this chapter, a law
	108	+	8 enforcement recording is not an investigatory record. However,
	109	+	9 information described in subsection (a)(15) contained in a law
	110	+	10 enforcement recording is exempt from disclosure, unless and to
	111	+	11 the extent that a parent, guardian, or custodian of the victim
	112	+	12 consents in writing to public disclosure of the records. However,
	113	+	13 a parent, guardian, or custodian charged with or convicted of a
	114	+	14 crime against the victim may not consent to public disclosure of
	115	+	15 the records. Law enforcement agencies or private university
	116	+	16 police departments may share investigatory records with:
	117	+	17 (A) a person who advocates on behalf of a crime victim,
	118	+	18 including a victim advocate (as defined in IC 35-37-6-3.5) or
	119	+	19 a victim service provider (as defined in IC 35-37-6-5), for the
	120	+	20 purposes of providing services to a victim or describing
	121	+	21 services that may be available to a victim;
	122	+	22 (B) a school corporation (as defined by IC 20-18-2-16(a)),
	123	+	23 charter school (as defined by IC 20-24-1-4), or nonpublic
	124	+	24 school (as defined by IC 20-18-2-12) for the purpose of
	125	+	25 enhancing the safety or security of a student or a school
	126	+	26 facility; and
	127	+	27 (C) the victim services division of the Indiana criminal justice
	128	+	28 institute under IC 5-2-6-8, for the purposes of conducting an
	129	+	29 investigation under IC 5-2-6.1-26;
	130	+	30 without the law enforcement agency or private university police
	131	+	31 department losing its discretion to keep those records confidential
	132	+	32 from other records requesters. However, certain law enforcement
	133	+	33 records must be made available for inspection and copying as
	134	+	34 provided in section 5 of this chapter.
	135	+	35 (2) The work product of an attorney representing, pursuant to
	136	+	36 state employment or an appointment by a public agency:
	137	+	37 (A) a public agency;
	138	+	38 (B) the state; or
	139	+	39 (C) an individual.
	140	+	40 (3) Test questions, scoring keys, and other examination data used
	141	+	41 in administering a licensing examination, examination for
	142	+	42 employment, or academic examination before the examination is
	143	+	EH 1148—LS 6003/DI 104 4
	144	+	1 given or if it is to be given again.
	145	+	2 (4) Scores of tests if the person is identified by name and has not
	146	+	3 consented to the release of the person's scores.
	147	+	4 (5) The following:
	148	+	5 (A) Records relating to negotiations between:
	149	+	6 (i) the Indiana economic development corporation;
	150	+	7 (ii) the ports of Indiana;
	151	+	8 (iii) the Indiana state department of agriculture;
	152	+	9 (iv) the Indiana finance authority;
	153	+	10 (v) an economic development commission;
	154	+	11 (vi) the Indiana White River state park development
	155	+	12 commission;
	156	+	13 (vii) a local economic development organization that is a
	157	+	14 nonprofit corporation established under state law whose
	158	+	15 primary purpose is the promotion of industrial or business
	159	+	16 development in Indiana, the retention or expansion of
	160	+	17 Indiana businesses, or the development of entrepreneurial
	161	+	18 activities in Indiana; or
	162	+	19 (viii) a governing body of a political subdivision;
	163	+	20 with industrial, research, or commercial prospects, if the
	164	+	21 records are created while negotiations are in progress.
	165	+	22 However, this clause does not apply to records regarding
	166	+	23 research that is prohibited under IC 16-34.5-1-2 or any other
	167	+	24 law.
	168	+	25 (B) Notwithstanding clause (A), the terms of the final offer of
	169	+	26 public financial resources communicated by the Indiana
	170	+	27 economic development corporation, the ports of Indiana, the
	171	+	28 Indiana finance authority, an economic development
	172	+	29 commission, the Indiana White River state park development
	173	+	30 commission, or a governing body of a political subdivision to
	174	+	31 an industrial, a research, or a commercial prospect shall be
	175	+	32 available for inspection and copying under section 3 of this
	176	+	33 chapter after negotiations with that prospect have terminated.
	177	+	34 (C) When disclosing a final offer under clause (B), the Indiana
	178	+	35 economic development corporation shall certify that the
	179	+	36 information being disclosed accurately and completely
	180	+	37 represents the terms of the final offer.
	181	+	38 (D) Notwithstanding clause (A), an incentive agreement with
	182	+	39 an incentive recipient shall be available for inspection and
	183	+	40 copying under section 3 of this chapter after the date the
	184	+	41 incentive recipient and the Indiana economic development
	185	+	42 corporation execute the incentive agreement regardless of
	186	+	EH 1148—LS 6003/DI 104 5
	187	+	1 whether negotiations are in progress with the recipient after
	188	+	2 that date regarding a modification or extension of the incentive
	189	+	3 agreement.
	190	+	4 (6) Records that are intra-agency or interagency advisory or
	191	+	5 deliberative material, including material developed by a private
	192	+	6 contractor under a contract with a public agency, that are
	193	+	7 expressions of opinion or are of a speculative nature, and that are
	194	+	8 communicated for the purpose of decision making.
	195	+	9 (7) Diaries, journals, or other personal notes serving as the
	196	+	10 functional equivalent of a diary or journal.
	197	+	11 (8) Personnel files of public employees and files of applicants for
	198	+	12 public employment, except for:
	199	+	13 (A) the name, compensation, job title, business address,
	200	+	14 business telephone number, job description, education and
	201	+	15 training background, previous work experience, or dates of
	202	+	16 first and last employment of present or former officers or
	203	+	17 employees of the agency;
	204	+	18 (B) information relating to the status of any formal charges
	205	+	19 against the employee; and
	206	+	20 (C) the factual basis for a disciplinary action in which final
	207	+	21 action has been taken and that resulted in the employee being
	208	+	22 suspended, demoted, or discharged.
	209	+	23 However, all personnel file information shall be made available
	210	+	24 to the affected employee or the employee's representative. This
	211	+	25 subdivision does not apply to disclosure of personnel information
	212	+	26 generally on all employees or for groups of employees without the
	213	+	27 request being particularized by employee name.
	214	+	28 (9) Minutes or records of hospital medical staff meetings.
	215	+	29 (10) Administrative or technical information that would
	216	+	30 jeopardize a record keeping system, voting system, voter
	217	+	31 registration system, or security system.
	218	+	32 (11) Computer programs, computer codes, computer filing
	219	+	33 systems, and other software that are owned by the public agency
	220	+	34 or entrusted to it and portions of electronic maps entrusted to a
	221	+	35 public agency by a utility.
	222	+	36 (12) Records specifically prepared for discussion or developed
	223	+	37 during discussion in an executive session under IC 5-14-1.5-6.1.
	224	+	38 However, this subdivision does not apply to that information
	225	+	39 required to be available for inspection and copying under
	226	+	40 subdivision (8).
	227	+	41 (13) The work product of the legislative services agency under
	228	+	42 personnel rules approved by the legislative council.
	229	+	EH 1148—LS 6003/DI 104 6
	230	+	1 (14) The work product of individual members and the partisan
	231	+	2 staffs of the general assembly.
	232	+	3 (15) The identity of a donor of a gift made to a public agency if:
	233	+	4 (A) the donor requires nondisclosure of the donor's identity as
	234	+	5 a condition of making the gift; or
	235	+	6 (B) after the gift is made, the donor or a member of the donor's
	236	+	7 family requests nondisclosure.
	237	+	8 (16) Library or archival records:
	238	+	9 (A) which can be used to identify any library patron; or
	239	+	10 (B) deposited with or acquired by a library upon a condition
	240	+	11 that the records be disclosed only:
	241	+	12 (i) to qualified researchers;
	242	+	13 (ii) after the passing of a period of years that is specified in
	243	+	14 the documents under which the deposit or acquisition is
	244	+	15 made; or
	245	+	16 (iii) after the death of persons specified at the time of the
	246	+	17 acquisition or deposit.
	247	+	18 However, nothing in this subdivision shall limit or affect contracts
	248	+	19 entered into by the Indiana state library pursuant to IC 4-1-6-8.
	249	+	20 (17) The identity of any person who contacts the bureau of motor
	250	+	21 vehicles concerning the ability of a driver to operate a motor
	251	+	22 vehicle safely and the medical records and evaluations made by
	252	+	23 the bureau of motor vehicles staff or members of the driver
	253	+	24 licensing medical advisory board regarding the ability of a driver
	254	+	25 to operate a motor vehicle safely. However, upon written request
	255	+	26 to the commissioner of the bureau of motor vehicles, the driver
	256	+	27 must be given copies of the driver's medical records and
	257	+	28 evaluations.
	258	+	29 (18) School safety and security measures, plans, and systems,
	259	+	30 including emergency preparedness plans developed under 511
	260	+	31 IAC 6.1-2-2.5.
	261	+	32 (19) A record or a part of a record, the public disclosure of which
	262	+	33 would have a reasonable likelihood of threatening public safety
	263	+	34 by exposing a vulnerability to terrorist attack. A record described
	264	+	35 under this subdivision includes the following:
	265	+	36 (A) A record assembled, prepared, or maintained to prevent,
	266	+	37 mitigate, or respond to an act of terrorism under IC 35-47-12-1
	267	+	38 (before its repeal), an act of agricultural terrorism under
	268	+	39 IC 35-47-12-2 (before its repeal), or a felony terrorist offense
	269	+	40 (as defined in IC 35-50-2-18).
	270	+	41 (B) Vulnerability assessments.
	271	+	42 (C) Risk planning documents.
	272	+	EH 1148—LS 6003/DI 104 7
	273	+	1 (D) Needs assessments.
	274	+	2 (E) Threat assessments.
	275	+	3 (F) Intelligence assessments.
	276	+	4 (G) Domestic preparedness strategies.
	277	+	5 (H) The location of community drinking water wells and
	278	+	6 surface water intakes.
	279	+	7 (I) The emergency contact information of emergency
	280	+	8 responders and volunteers.
	281	+	9 (J) Infrastructure records that disclose the configuration of
	282	+	10 critical systems such as voting system and voter registration
	283	+	11 system critical infrastructure, and communication, electrical,
	284	+	12 ventilation, water, and wastewater systems.
	285	+	13 (K) Detailed drawings or specifications of structural elements,
	286	+	14 floor plans, and operating, utility, or security systems, whether
	287	+	15 in paper or electronic form, of any building or facility located
	288	+	16 on an airport (as defined in IC 8-21-1-1) that is owned,
	289	+	17 occupied, leased, or maintained by a public agency, or any part
	290	+	18 of a law enforcement recording that captures information
	291	+	19 about airport security procedures, areas, or systems. A record
	292	+	20 described in this clause may not be released for public
	293	+	21 inspection by any public agency without the prior approval of
	294	+	22 the public agency that owns, occupies, leases, or maintains the
	295	+	23 airport. Both of the following apply to the public agency that
	296	+	24 owns, occupies, leases, or maintains the airport:
	297	+	25 (i) The public agency is responsible for determining whether
	298	+	26 the public disclosure of a record or a part of a record,
	299	+	27 including a law enforcement recording, has a reasonable
	300	+	28 likelihood of threatening public safety by exposing a
	301	+	29 security procedure, area, system, or vulnerability to terrorist
	302	+	30 attack.
	303	+	31 (ii) The public agency must identify a record described
	304	+	32 under item (i) and clearly mark the record as "confidential
	305	+	33 and not subject to public disclosure under
	306	+	34 IC 5-14-3-4(b)(19)(J) without approval of (insert name of
	307	+	35 submitting public agency)". However, in the case of a law
	308	+	36 enforcement recording, the public agency must clearly mark
	309	+	37 the record as "confidential and not subject to public
	310	+	38 disclosure under IC 5-14-3-4(b)(19)(K) without approval of
	311	+	39 (insert name of the public agency that owns, occupies,
	312	+	40 leases, or maintains the airport)".
	313	+	41 (L) The home address, home telephone number, and
	314	+	42 emergency contact information for any:
	315	+	EH 1148—LS 6003/DI 104 8
	316	+	1 (i) emergency management worker (as defined in
	317	+	2 IC 10-14-3-3);
	318	+	3 (ii) public safety officer (as defined in IC 35-47-4.5-3);
	319	+	4 (iii) emergency medical responder (as defined in
	320	+	5 IC 16-18-2-109.8); or
	321	+	6 (iv) advanced emergency medical technician (as defined in
	322	+	7 IC 16-18-2-6.5).
	323	+	8 (M) Information relating to security measures or precautions
	324	+	9 used to secure the statewide 911 system under IC 36-8-16.7.
	325	+	10 This subdivision does not apply to a record or portion of a record
	326	+	11 pertaining to a location or structure owned or protected by a
	327	+	12 public agency in the event that an act of terrorism under
	328	+	13 IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
	329	+	14 under IC 35-47-12-2 (before its repeal), or a felony terrorist
	330	+	15 offense (as defined in IC 35-50-2-18) has occurred at that location
	331	+	16 or structure, unless release of the record or portion of the record
	332	+	17 would have a reasonable likelihood of threatening public safety
	333	+	18 by exposing a vulnerability of other locations or structures to
	334	+	19 terrorist attack.
	335	+	20 (20) The following personal information concerning a customer
	336	+	21 of a municipally owned utility (as defined in IC 8-1-2-1):
	337	+	22 (A) Telephone number.
	338	+	23 (B) Address.
	339	+	24 (C) Social Security number.
	340	+	25 (21) The following personal information about a complainant
	341	+	26 contained in records of a law enforcement agency:
	342	+	27 (A) Telephone number.
	343	+	28 (B) The complainant's address. However, if the complainant's
	344	+	29 address is the location of the suspected crime, infraction,
	345	+	30 accident, or complaint reported, the address shall be made
	346	+	31 available for public inspection and copying.
	347	+	32 (22) Notwithstanding subdivision (8)(A), the name,
	348	+	33 compensation, job title, business address, business telephone
	349	+	34 number, job description, education and training background,
	350	+	35 previous work experience, or dates of first employment of a law
	351	+	36 enforcement officer who is operating in an undercover capacity.
	352	+	37 (23) Records requested by an offender, an agent, or a relative of
	353	+	38 an offender that:
	354	+	39 (A) contain personal information relating to:
	355	+	40 (i) a correctional officer (as defined in IC 5-10-10-1.5);
	356	+	41 (ii) a probation officer;
	357	+	42 (iii) a community corrections officer;
	358	+	EH 1148—LS 6003/DI 104 9
	359	+	1 (iv) a law enforcement officer (as defined in
	360	+	2 IC 35-31.5-2-185);
	361	+	3 (v) a judge (as defined in IC 33-38-12-3);
	362	+	4 (vi) the victim of a crime; or
	363	+	5 (vii) a family member of a correctional officer, probation
	364	+	6 officer, community corrections officer, law enforcement
	365	+	7 officer (as defined in IC 35-31.5-2-185), judge (as defined
	366	+	8 in IC 33-38-12-3), or victim of a crime; or
	367	+	9 (B) concern or could affect the security of a jail or correctional
	368	+	10 facility.
	369	+	11 For purposes of this subdivision, "agent" means a person who is
	370	+	12 authorized by an offender to act on behalf of, or at the direction
	371	+	13 of, the offender, and "relative" has the meaning set forth in
	372	+	14 IC 35-42-2-1(b). However, the term "agent" does not include an
	373	+	15 attorney in good standing admitted to the practice of law in
	374	+	16 Indiana.
	375	+	17 (24) Information concerning an individual less than eighteen (18)
	376	+	18 years of age who participates in a conference, meeting, program,
	377	+	19 or activity conducted or supervised by a state educational
	378	+	20 institution, including the following information regarding the
	379	+	21 individual or the individual's parent or guardian:
	380	+	22 (A) Name.
	381	+	23 (B) Address.
	382	+	24 (C) Telephone number.
	383	+	25 (D) Electronic mail account address.
	384	+	26 (25) Criminal intelligence information.
	385	+	27 (26) The following information contained in a report of unclaimed
	386	+	28 property under IC 32-34-1.5-18 or in a claim for unclaimed
	387	+	29 property under IC 32-34-1.5-48:
	388	+	30 (A) Date of birth.
	389	+	31 (B) Driver's license number.
	390	+	32 (C) Taxpayer identification number.
	391	+	33 (D) Employer identification number.
	392	+	34 (E) Account number.
	393	+	35 (27) Except as provided in subdivision (19) and sections 5.1 and
	394	+	36 5.2 of this chapter, a law enforcement recording. However, before
	395	+	37 disclosing the recording, the public agency must comply with the
	396	+	38 obscuring requirements of sections 5.1 and 5.2 of this chapter, if
	397	+	39 applicable.
	398	+	40 (28) Records relating to negotiations between a state educational
	399	+	41 institution and another entity concerning the establishment of a
	400	+	42 collaborative relationship or venture to advance the research,
	401	+	EH 1148—LS 6003/DI 104 10
	402	+	1 engagement, or educational mission of the state educational
	403	+	2 institution, if the records are created while negotiations are in
	404	+	3 progress. The terms of the final offer of public financial resources
	405	+	4 communicated by the state educational institution to an industrial,
	406	+	5 a research, or a commercial prospect shall be available for
	407	+	6 inspection and copying under section 3 of this chapter after
	408	+	7 negotiations with that prospect have terminated. However, this
	409	+	8 subdivision does not apply to records regarding research
	410	+	9 prohibited under IC 16-34.5-1-2 or any other law.
	411	+	10 (c) Nothing contained in subsection (b) shall limit or affect the right
	412	+	11 of a person to inspect and copy a public record required or directed to
	413	+	12 be made by any statute or by any rule of a public agency.
	414	+	13 (d) Notwithstanding any other law, a public record that is classified
	415	+	14 as confidential, other than a record concerning:
	416	+	15 (1) an adoption or patient medical records; or
	417	+	16 (2) a birth or stillbirth;
	418	+	17 shall be made available for inspection and copying seventy-five (75)
	419	+	18 years after the creation of that record. A registration or certificate of
	420	+	19 a birth or stillbirth shall be made available in accordance with
	421	+	20 IC 16-37-1-7.5.
	422	+	21 (e) Only the content of a public record may form the basis for the
	423	+	22 adoption by any public agency of a rule or procedure creating an
	424	+	23 exception from disclosure under this section.
	425	+	24 (f) Except as provided by law, a public agency may not adopt a rule
	426	+	25 or procedure that creates an exception from disclosure under this
	427	+	26 section based upon whether a public record is stored or accessed using
	428	+	27 paper, electronic media, magnetic media, optical media, or other
	429	+	28 information storage technology.
	430	+	29 (g) Except as provided by law, a public agency may not adopt a rule
	431	+	30 or procedure nor impose any costs or liabilities that impede or restrict
	432	+	31 the reproduction or dissemination of any public record.
	433	+	32 (h) Notwithstanding subsection (d) and section 7 of this chapter:
	434	+	33 (1) public records subject to IC 5-15 may be destroyed only in
	435	+	34 accordance with record retention schedules under IC 5-15; or
	436	+	35 (2) public records not subject to IC 5-15 may be destroyed in the
	437	+	36 ordinary course of business.
	438	+	37 SECTION 2. IC 16-37-1-7.5 IS ADDED TO THE INDIANA CODE
	439	+	38 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	440	+	39 1, 2025]: Sec. 7.5. (a) A registration or certificate of a birth or
	441	+	40 stillbirth shall be open to public inspection, and a copy provided,
	442	+	41 upon the request of any person that occurs on or after the date that
	443	+	42 is ninety-nine (99) years after the record's creation date.
	444	+	EH 1148—LS 6003/DI 104 11
	445	+	1 (b) Notwithstanding subsection (a), the birth record of an
	446	+	2 adopted child remains subject to the confidentiality provisions of
	447	+	3 IC 31-19 regarding the release of adoption information.
	448	+	4 SECTION 3. IC 16-37-1-8, AS AMENDED BY P.L.40-2024,
	449	+	5 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	450	+	6 JULY 1, 2025]: Sec. 8. (a) Except as provided in section 7.5 of this
	451	+	7 chapter and subsection (d), a local health officer shall provide a
	452	+	8 certification of birth, death, or stillbirth registration upon request by
	453	+	9 any person only if:
	454	+	10 (1) the health officer is satisfied that the applicant has a direct
	455	+	11 interest in the matter;
	456	+	12 (2) the health officer determines that the certificate is necessary
	457	+	13 for the determination of personal or property rights or for
	458	+	14 compliance with state or federal law; and
	459	+	15 (3) the applicant for a birth certificate presents at least one (1)
	460	+	16 form of identification.
	461	+	17 However, the local health officer must issue a certificate of an
	462	+	18 applicant's own birth registration.
	463	+	19 (b) A local health officer's decision whether or not to issue a
	464	+	20 certified copy of a birth certificate is subject to review by a court.
	465	+	21 (c) A local health officer may issue a certification of birth, death, or
	466	+	22 stillbirth from the electronic registration systems in section 3.1 of this
	467	+	23 chapter, regardless of the location of the filing of the record.
	468	+	24 (d) A local health officer may not issue a copy of a birth certificate
	469	+	25 of a missing child to which a notice has been attached under
	470	+	26 IC 10-13-5-11 without the authorization of the Indiana clearinghouse
	471	+	27 for information on missing children, missing veterans at risk, and
	472	+	28 missing endangered adults.
	473	+	29 (e) Upon determination that a person may be provided a certification
	474	+	30 of death under subsection (a), the local health officer shall provide to
	475	+	31 the person a certification of death that excludes information concerning
	476	+	32 the cause of death if the person requests the exclusion of this
	477	+	33 information.
	478	+	34 SECTION 4. IC 16-37-1-10, AS AMENDED BY P.L.138-2019,
	479	+	35 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	480	+	36 JULY 1, 2025]: Sec. 10. (a) Information contained in a birth record is
	481	+	37 confidential and may be disclosed only in accordance with this article.
	482	+	38 (b) Except as provided in section 7.5 of this chapter and
	483	+	39 subsections (c) and (d), the records and files of the division of the state
	484	+	40 department concerning vital statistics are subject to this article and
	485	+	41 rules of the state department. Data contained in the records and files
	486	+	42 may be disclosed only as follows:
	487	+	EH 1148—LS 6003/DI 104 12
	488	+	1 (1) The state registrar shall permit inspection of the records or
	489	+	2 issue a certified copy of a certificate or part of a certificate only
	490	+	3 if the state registrar is satisfied of the following:
	491	+	4 (A) That the applicant has a direct interest in the matter
	492	+	5 recorded.
	493	+	6 (B) That the information is necessary for the determination of
	494	+	7 personal or property rights or for compliance with state or
	495	+	8 federal law.
	496	+	9 The state registrar's decision is subject to review by the state
	497	+	10 department or a court under this section.
	498	+	11 (2) The state department may disclose identifiable vital statistics
	499	+	12 information to a legitimate researcher, if the researcher complies
	500	+	13 with the following requirements:
	501	+	14 (A) The researcher states in writing to the state department the
	502	+	15 purpose, including:
	503	+	16 (i) any intent to publish findings;
	504	+	17 (ii) the nature of the data sought;
	505	+	18 (iii) the personal information that would be required; and
	506	+	19 (iv) the safeguards that will be taken to protect the identity
	507	+	20 of the data subjects.
	508	+	21 (B) The researcher executes an agreement with the state
	509	+	22 department, on a form approved by the oversight committee on
	510	+	23 public records established under IC 5-15-5.1-18, that:
	511	+	24 (i) incorporates safeguards for protection of individual data
	512	+	25 subjects;
	513	+	26 (ii) defines the scope of the research project; and
	514	+	27 (iii) informs the researcher that failure to abide by
	515	+	28 conditions of the approved agreement constitutes a breach
	516	+	29 of contract and could result in civil litigation by any data
	517	+	30 subject.
	518	+	31 (C) The researcher agrees to pay any direct or indirect costs of
	519	+	32 the research.
	520	+	33 The state department shall determine whether the proposed
	521	+	34 safeguards are adequate to prevent the identity of an individual
	522	+	35 data subject from being known before approving the agreement.
	523	+	36 Upon execution of an agreement described in this subdivision, the
	524	+	37 state department shall maintain a copy of the agreement for the
	525	+	38 duration of the agreement's effective date.
	526	+	39 (3) In any extraordinary case that the state registrar determines is
	527	+	40 a direct tangible and legitimate public interest.
	528	+	41 (c) Notwithstanding subsection (b)(1) through (b)(3), a certificate
	529	+	42 of death received by a local health department (as defined in
	530	+	EH 1148—LS 6003/DI 104 13
	531	+	1 IC 16-18-2-211) or the state department is a public record that, upon
	532	+	2 request, must be made available for inspection and copying if:
	533	+	3 (1) the copy made of the certificate of death is not a certified
	534	+	4 copy;
	535	+	5 (2) any Social Security number that appears on the certificate of
	536	+	6 death is redacted; and
	537	+	7 (3) any charge or fee that is due under section 9, 11, or 11.5 of
	538	+	8 this chapter is collected.
	539	+	9 (d) The birth record of an adopted child remains subject to the
	540	+	10 confidentiality provisions of IC 31-19 regarding the release of adoption
	541	+	11 information.
	542	+	12 (e) The state registrar may deny a request to inspect or copy a record
	543	+	13 concerning vital statistics that is in the state registrar's possession if the
	544	+	14 state registrar has a reasonable suspicion that releasing the record may
	545	+	15 result in fraud or identity theft.
	546	+	EH 1148—LS 6003/DI 104 14
	547	+	COMMITTEE REPORT
	548	+	Mr. Speaker: Your Committee on Public Health, to which was
	549	+	referred House Bill 1148, has had the same under consideration and
	550	+	begs leave to report the same back to the House with the
	551	+	recommendation that said bill do pass.
	552	+	(Reference is to HB 1148 as introduced.)
	553	+	BARRETT
	554	+	Committee Vote: Yeas 13, Nays 0
	555	+	_____
	556	+	COMMITTEE REPORT
	557	+	Mr. President: The Senate Committee on Health and Provider
	558	+	Services, to which was referred House Bill No. 1148, has had the same
	559	+	under consideration and begs leave to report the same back to the
	560	+	Senate with the recommendation that said bill DO PASS.
	561	+	(Reference is to HB 1148 as printed January 21, 2025.)
	562	+
	563	+	CHARBONNEAU, Chairperson
	564	+	Committee Vote: Yeas 11, Nays 0
	565	+	EH 1148—LS 6003/DI 104