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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 208 By: Garvin of the Senate
and
Moore of the House
An Act relating to vital statistics; amending 63 O.S.
2011, Section 1-311, which relates to birth
certificates; modifying certain conditions; amending
63 O.S. 2011, Section 1 -311.2, which relates to
provision of documentation to the Department of Human
Services; modifying requirements related to provision
of certain documents and information; prohibiting
certain release of information, data or records and
requiring certain protection; directing certain data
sharing agreement; amending 63 O.S. 2011, Section 1 -
321, as amended by Section 1, Chapter 96, O.S.L. 2019
(63 O.S. Supp. 2020, Section 1 -321), which relates to
amendment of certificate or record; requiring certain
amendments under certain conditions; amending 63 O.S.
2011, Section 1-323, as last amended by Section 1,
Chapter 108, O.S.L. 2019 (63 O.S. Supp. 2020, Sec tion
1-323), which relates to confidentiality of vital
statistics records; adding exception; updating and
clarifying terms; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 1 -311, is
amended to read as follows:
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Section 1-311. A. A certificate of birth for each live birth
which occurs in this state shall be filed with the State Registrar,
within seven (7) days after the birth.
B. When a birth occurs in an institution, the person in charge
of the institution or a designated representative shall obtain the
personal data, prepare the certificate, and secure the signatures
required by the certificate. The physician in attendance shall
certify to the facts of birth and provide the medical information
required by the certificate within five (5) days after the birth.
C. When a birth occurs outside an institution, the certificate
shall be prepared and filed by one of the following in the indicated
order of priority:
1. The physician in attendance at or immediately after the
birth;
2. Any other person in attendance at or immediately after the
birth; or
3. The father, the mother, or, in the absence or inability of
the father or mother, the person in ch arge of the premises where the
birth occurred and present at the birth.
D. 1. If the mother was married at the time of conception and
birth, or married at any time during the three hundred (300)
calendar days before the birth , the name of the husband sha ll be
entered on the certificate as the father of the child unless
paternity has been determined otherwise by a court of competent
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jurisdiction or a husband ’s denial of paternity form has been filed
along with an affidavit acknowledging paternity, in which case the
name of the father as determined by the court or affidavit
acknowledging paternity shall be entered.
2. If the mother was not married at the time of conception and
birth, nor married at any time during the three hundred (300)
calendar days before the birth, the name of the father shall be
entered on the certificate of birth only if:
a. a determination of paternity has been made by an
administrative action through the Department of Human
Services or a court of competent jurisdiction, in
which case the name of the father shall be entered, or
b. the mother and father have signed an affidavit
acknowledging acknowledgement of paternity pursuant to
Section 1-311.3 of this title, or substantially
similar affidavit from another state and filed it with
the State Registrar of Vital Statistics.
E. Either of the parents of the child shall sign the
certificate of live birth worksheet to attest to the accuracy of the
personal data entered thereon, in time to permit its filing within
the seven (7) days prescribe d in this section.
F. If the live birth results from a process in which the
delivering mother was carrying the child of another woman by way of
a prearranged legal contract, the original birth certificate shall
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be filed with the personal information of th e woman who delivered
the child. A new birth certificate will be placed on file once the
State Registrar receives both a court order and a completed form
prescribed by the State Registrar which identifies the various
parties and documents the personal inf ormation of the intended
parents necessary to complete the new birth certificate.
SECTION 2. AMENDATORY 63 O.S. 2011, Section 1 -311.2, is
amended to read as follows:
Section 1-311.2. The State Registrar of Vital Statistics shall
provide to the Department of Human Services the verifications of
birth certificates, affidavits acknowledging paternity and such
other documents or information necessary to comply with this act
The State Commissioner of Health shall authorize the secure
electronic transmission of any birth, death, paternity or adoption
data and such other documents or information necessary to comply
with the Uniform Parentage Act or for the purpose of assisting with
programs administered by the Department of Human Services. The
Department of Human Services shall not release information, data or
records received from the State Department of Health for these
purposes in response to an Open Records Act request and shall
protect the integrity of the vital records data to the ex tent
required of the State Department of Health by Section 1 -323 of this
title. The State Department of Health and the Department of Human
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Services shall enter into a data sharing agreement for the purpose
of implementing the provisions of this section .
SECTION 3. AMENDATORY 63 O.S. 2011, Section 1 -321, as
amended by Section 1, Chapter 96, O.S.L. 2019 (63 O.S. Supp. 2020,
Section 1-321), is amended to read as follows:
Section 1-321. (a) A. A certificate or record registered unde r
this article may be amended only in accordance with this article and
regulations thereunder adopted by the State Board Commissioner of
Health to protect the integrity and accuracy of vital statistics
records.
(b) B. A certificate that is amended under t his section shall
be marked “amended”, except as provided in subsection (d) of this
section. The date of amendment and a summary description of the
evidence submitted in support of the amendment shall be endorsed on
or made a part of the record. The Board Commissioner shall
prescribe by regulation the conditions under which additions or
minor corrections shall be made to birth certificates within one (1)
year after the date of birth without the certificate being
considered as amended.
(c) C. Upon receipt of a certified copy of a court order, from
a court of competent jurisdiction, changing the name of a person
born in this state and upon request of such person or his parent,
guardian, or legal representative, the State Commissioner of Health
shall amend the certificate of birth to reflect the new name.
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(d) D. When a child is born out of wedlock, the Commissioner
shall amend a certificate of birth to show paternity, if paternity
is not currently shown on the birth certificate, in the following
situations:
(1) 1. Upon request and receipt of a sworn acknowledgment of
paternity of a child born out of wedlock signed by both parents; or
(2) 2. Upon receipt of a certified copy of a court order
establishing adjudicating paternity; or
3. Upon receipt of an elect ronic record from the Department of
Human Services indicating that an acknowledgement of paternity has
been signed by both parents or a court order adjudicat ing paternity.
(e) E. For a child born out of wedlock, the Commissioner shall
also change the surn ame of the child on the certificate:
(1) 1. To the specified surname upon receipt of acknowledgment
of paternity signed by both parents or, upon receipt of a certified
copy of a court order directing such name be changed or upon receipt
of an electronic record from the Department of Human Services
indicating that an acknowledgement of paternity has been signed by
both parents or a court order direct s such name change. Such
certificate amended pursuant to this subsection shall not be marked
“amended”; or
(2) 2. To the surname of the mother on the birth certificate in
the event the acknowledgment of paternity is rescinded.
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(f) F. The State Board of Health Commissioner shall have the
power and duty to promulgate rules for situations in which the State
Registrar of Vital Statistics receives false information regarding
the identity of a parent.
(g) G. If within sixty (60) days of the initial issuance of a
certificate of death, a funeral director, or a person acting as
such, requests a correction to any portio n of the death record
except the information relating to the medical certification
portion, due to a scrivener ’s error, misspelling or other correction
of information, the Commissioner of Health, through the State
Registrar of Vital Statistics, shall amend the record, provided said
request is made in writing or through an electronic system and is
accompanied by documentation disclosing the correct information or
by a sworn statement of the funeral director. The funeral director,
or person acting as such, s hall be responsible for any and all
amendment fees that may be imposed by the Commissioner of Health for
said correction. Up to ten certified copies containing the
erroneous original information may be exchanged for certified copies
containing the correct ed information at no additional cost.
SECTION 4. AMENDATORY 63 O.S. 2011, Section 1 -323, as
last amended by Section 1, Chapter 108, O.S.L. 2019 (63 O.S. Supp.
2020, Section 1-323), is amended to read as follows:
Section 1-323. A. To protect the integrity of vital statistics
records, to ensure their proper use, and to ensure the efficient and
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proper administration of the vital statistics system, it shall be
unlawful for any person to permit inspection of, or to disclose
information contained in, vital statistics records, or to copy or
issue a copy of all or part of any such record except to:
1. The person who is the subject of the record;
2. A parent named on the record or a person acting with the
parent’s permission unless that parent is currently incarcerated;
3. Someone acting with permission of the person who is the
subject of the record;
4. Someone acting as a legal representative of the estate of
the person who is the subject of the record;
5. Someone acting as a legal re presentative of a person
involved in a probate of the estate of the person who is the subject
of the record, as demonstrated by affidavit;
6. An attorney licensed to practice in the United States who
demonstrates by affidavit that the record is necessary in order to
administer a client’s estate;
7. Someone in receipt of a court order from a court of
competent jurisdiction ordering access to the record;
8. The Attorney General or to any district attorney upon
request in the course of a criminal investigat ion;
9. Only in the case of a death certificate, a funeral director;
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10. A representative of the Department of Corrections, when the
subject of the record is under supervision of the Department of
Corrections; or
11. A representative of the Department o f Human Services acting
in accordance with Section 1 -311.2 of this title; or
12. Any other person working in the best interest of the
subject of the record, as determined by regulations of the State
Board Commissioner of Health.
Provided, that death certi ficates shall be considered publicly
available records fifty (50) years after the death and birth
certificates shall be considered publicly available records one
hundred twenty-five (125) years after the birth.
B. The State Department of Health shall, by July 1, 2017, make
available an online public index that includes, as is applicable,
the name, gender, date of birth, date of death, county of birth, and
county of death of all persons in its records. Birth data shall not
be added to the index until twent y (20) years after the birth.
Death data shall not be added to the index until five (5) years
after the death. The index shall be made available online at no
cost to users.
Private entities may request assistance from the Department in
receiving digital files including all or part of the index described
in this subsection. Such private entities may be assessed a fee
that shall not exceed the cost of creating and transmitting the
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digital file. The Board Commissioner may promulgate rules regarding
access to such digital files and applicable fees.
C. The Department may grant applications for electronic
verification of the existence of birth and death certificates for
legal and administrative purposes at any time following the birth or
death when such appli cations are made by:
1. A government agency in conduct of its official business;
2. A benefit-paying party, including but not limited to an
annuity company, pension plan or life insurance company in order to
determine benefit status;
3. A physician lice nsed to practice in the United States to
determine if a patient has been lost to care; or
4. Other entities for fraud protection, subject to verification
of the entity’s purpose by the Department.
The recipient of a record verification as provided for in this
subsection may not disclose to a party not involved in the issue for
which the verification was sought.
The Department of Health may charge up to Four Dollars ($4.00)
for each electronic birth or death verification, although such fee
may be waived when such request is received by an Oklahoma state or
local government agency. The recipient of a record verification as
provided for in this subsection may also be subject to fees levied
by a contractor retained by the Board Commissioner to provide such
service.
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The Board Commissioner may promulgate rules necessary to
implement the provisions of this subsection.
D. The State Commissioner of Health may authorize the
disclosure of data contained in vital statistics records for public
health surveillance or re search purposes.
E. The State Department of Health shall transmit to the
Department of Public Safety:
1. At the end of each quarter year, a list of all registered
deaths which have occurred during such period of time. Upon receipt
of such list the Depar tment of Public Safety shall use such list
solely to update Department of Public Safety records and to cancel
the driver license for those deceased individuals with a valid
Oklahoma driver license at the time of death;
2. At the end of each month, a repor t of all registered deaths
that resulted from a motor vehicle collision which have occurred
during such period of time. The report shall be used by the
Department solely for the purpose of statistical analysis and
reporting; and
3. Upon written request f rom the Department, a death
certificate. The certificate shall be used solely by the Fatality
Analysis Reporting System (FARS) Analyst of the Oklahoma Highway
Safety Office to populate the federal FARS database.
F. Each month, the Commissioner shall auth orize the
transmission to the Oklahoma Health Care Authority of a certified
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list of all registered deaths of residents of this state that have
occurred within the state for the immediately preceding month. The
Oklahoma Health Care Authority shall use the transmitted list to
ascertain the names of those individuals participating in the state
Medicaid program who are deceased, and shall thereafter terminate
such deceased person ’s enrollment in the state Medicaid program.
G. For the purpose of assisting in t he location and recovery of
missing children, information pertaining to birth certificates and
requests for copies of birth certificates shall be provided to the
Oklahoma State Bureau of Investigation pursuant to the provisions of
Section 1-323.1 of this title and Section 150.12A of Title 74 of the
Oklahoma Statutes.
H. The Commissioner shall authorize the transmission of death
certificates to the Department of Labor for the purpose of the
Department of Labor conducting a census of total occupational
injuries and illnesses. The Department shall transmit to the
Department of Labor statistics of fatal occupational injuries that
shall include the following:
1. Name of the deceased;
2. Date of death;
3. Sex;
4. Race;
5. Age;
6. Birth date;
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7. Social Security number;
8. Whether an autopsy was conducted;
9. Month of the accident; and
10. Whether decedent was of Hispanic origin.
I. The Department of Labor shall be required to protect the
integrity of the vital statistics records to the same extent
required of the Department pursuant to this section.
SECTION 5. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT MODERNIZATION AND
EFFICIENCY, dated 03/30/2021 - DO PASS.