Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1540 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1654 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1540
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Barry R. Finegold
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act protecting personal identifying information on records of death.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Barry R. FinegoldSecond Essex and Middlesex 1 of 4
16	16	SENATE DOCKET, NO. 1654 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1540
18	18	By Mr. Finegold, a petition (accompanied by bill, Senate, No. 1540) of Barry R. Finegold for
19	19	legislation to make it unlawful to disclose identifying information contained in death records.
20	20	Public Health.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act protecting personal identifying information on records of death.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 46 of the General Laws is hereby amended by striking section 2A,
30	30	2as appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
31	31	3 (a) Examination of records and returns of fetal deaths or of copies of such records in the
32	32	4department of public health, shall not be permitted except upon proper judicial order, or upon
33	33	5request of a parent, guardian, or conservator, or a person whose official duties, in the opinion of
34	34	6the town clerk or the commissioner of public health, as the case may be, entitle them to the
35	35	7information contained therein, nor shall certified copies thereof be furnished except upon such
36	36	8order, or the request of such person. The provisions of this section shall not apply to such
37	37	9records, returns or notices recorded or filed prior to January 1st, 1841 or to such copies thereof.
38	38	10 (b) It shall be unlawful for any person to permit inspection of, or to disclose information
39	39	11contained in, certificates of death or to copy or issue a copy of all or part of any such certificate
40	40	12except as authorized by this section and any accompanying regulations or by order of a court of 2 of 4
41	41	13competent jurisdiction. The provisions of subsections (b) through (i), inclusive, shall only apply
42	42	14to certificates of death.
43	43	15 (c) The state registrar or town clerk, upon receipt of a written application, shall issue:
44	44	16 (i) A certified copy of a certificate of death to:
45	45	17 (1) The decedent’s spouse, parent, child, sibling, grandparent, grandchild, next of kin or
46	46	18legal guardian at the time of death;
47	47	19 (2) A legal representative for the decedent or any of the parties listed in the preceding
48	48	20subclause;
49	49	21 (3) A court of competent jurisdiction upon its order or subpoena;
50	50	22 (4) Any governmental agency or entity, provided that such copy shall be needed for
51	51	23official purposes;
52	52	24 (5) An employee or agent of a funeral home or person acting as a funeral service
53	53	25practitioner who is named in the certificate of death;
54	54	26 (6) A person who demonstrates to the satisfaction of the state registrar or custodian that
55	55	27the certified copy is necessary for a determination related to or the protection of a personal or
56	56	28property right of the applicant;
57	57	29 (7) Any applicant whom the state registrar or custodian of the certificate of death deems
58	58	30having a direct and tangible interest in the certificate; and
59	59	31 (ii) A noncertified informational copy of a certificate of death in that registrar’s or
60	60	32custodian’s custody or abstract thereof to any applicant, provided that the informational copy 3 of 4
61	61	33shall have the decedent’s social security number and cause of death redacted. A noncertified
62	62	34informational copy may not comply with the security features pursuant to sections 16, 19C and
63	63	3533 and shall not be used for legal purposes; provided, however, that the registrar shall
64	64	36promulgate regulations or guidelines related to permissible uses of a noncertified informational
65	65	37copy of a certificate of death. Said noncertified informational copy shall contain a clear and
66	66	38conspicuous watermark stating the copy cannot be used for legal purposes.
67	67	39 (d) Each certified copy issued shall show the date of registration; provided, that
68	68	40duplicates issued from records marked “delayed” or “amended” shall be similarly marked,
69	69	41including the effective date. The documentary evidence used to establish a delayed certificate of
70	70	42birth shall be shown on all duplicates issued. All forms and procedures used in the issuance of
71	71	43certified copies of vital records in the commonwealth shall be provided or approved by the state
72	72	44registrar.
73	73	45 (e) The state registrar may transmit duplicates of certificates of death and other reports
74	74	46required by this section to offices of vital records outside of this state when such certificates or
75	75	47other reports relate to residents of those jurisdictions or persons born in those jurisdictions. The
76	76	48state registrar shall require that the duplicates be used for statistical and administrative purposes
77	77	49only and shall establish terms for the retention and disposition of such duplicates. Duplicates
78	78	50received by the department from offices of vital statistics in other states shall be handled in the
79	79	51same manner as prescribed in this section.
80	80	52 (f) No person shall prepare or issue any certificate which purports to be an original,
81	81	53certified copy or duplicate of a certificate of death except as authorized in this section or
82	82	54accompanying regulations. 4 of 4
83	83	55 (g) No duplicates or parts thereof of a certificate of death shall be reproduced or
84	84	56information copied for commercial or speculative purposes. This subsection shall not apply to
85	85	57published results of research.
86	86	58 (h) The provisions outlined in this section shall not apply to fetal deaths and those
87	87	59provisions outlined in section 202 of chapter 111.
88	88	60 (i) The state registrar shall promulgate regulations or guidelines for the implementation of
89	89	61this section, including, but not limited to authorization of the disclosure of information contained
90	90	62in certificates of death for research purposes.
91	91	63 SECTION 2. Subsection (h) of section 13 of said chapter 46 is hereby amended by
92	92	64striking out, in lines 174 to 183, inclusive, the words “not be restricted, except for records or
93	93	65other items of documentary evidence submitted in support of the affidavit which are considered
94	94	66medical records for purposes of paragraph (c) of clause twenty-sixth of section 7 of chapter 4 are
95	95	67restricted by section 2A of this chapter, or are restricted by judicial order” and inserting in place
96	96	68thereof the following:- “be restricted pursuant to section 2A of this chapter.”