Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB208 Compare Versions

Version 1 (Old)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 208 By: Garvin of the Senate
7	37
8	38		and
9	39
10	40		Moore of the House
11	41
12	42
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15	45		An Act relating to vital statistics; amending 63 O.S.
16	46		2011, Section 1-311, which relates to birth
17	47		certificates; modifying certain conditions; amending
18	48		63 O.S. 2011, Section 1 -311.2, which relates to
19	49		provision of documentation to the Department of Human
20	50		Services; modifying requirements related to provision
21	51		of certain documents and information; prohibiting
22	52		certain release of information, data or records and
23	53		requiring certain protection; directing certain data
24	54		sharing agreement; amending 63 O.S. 2011, Section 1 -
25	55		321, as amended by Section 1, Chapter 96, O.S.L. 2019
26	56		(63 O.S. Supp. 2020, Section 1 -321), which relates to
27	57		amendment of certificate or record; requiring certain
28	58		amendments under certain conditions; amending 63 O.S.
29	59		2011, Section 1-323, as last amended by Section 1,
30	60		Chapter 108, O.S.L. 2019 (63 O.S. Supp. 2020, Sec tion
31	61		1-323), which relates to confidentiality of vital
32	62		statistics records; adding exception; updating and
33	63		clarifying terms; and providing an effective date .
34	64
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39		-	SUBJECT: Vital statistics
40		-
41	69		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
42		-
43	70		SECTION 1. AMENDATORY 63 O.S. 2011, Section 1 -311, is
44	71		amended to read as follows:
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47		-	ENR. S. B. NO. 208 Page 2
48	99		Section 1-311. A. A certificate of birth for each live birth
49	100		which occurs in this state shall be filed with the State Registrar,
50	101		within seven (7) days after the birth.
51		-
52	102		B. When a birth occurs in an institution, the person in charge
53	103		of the institution or a designated representative shall obtain the
54	104		personal data, prepare the certificate, and secure the signatures
55	105		required by the certificate. The physician in attendance shall
56	106		certify to the facts of birth and provide the medical information
57	107		required by the certificate within five (5) days after the birth.
58		-
59	108		C. When a birth occurs outside an institution, the certificate
60	109		shall be prepared and filed by one of the following in the indicated
61	110		order of priority:
62		-
63	111		1. The physician in attendance at or immediately after the
64	112		birth;
65		-
66	113		2. Any other person in attendance at or immediately after the
67	114		birth; or
68		-
69	115		3. The father, the mother, or, in the absence or inability of
70	116		the father or mother, the person in ch arge of the premises where the
71	117		birth occurred and present at the birth.
72		-
73	118		D. 1. If the mother was married at the time of conception and
74	119		birth, or married at any time during the three hundred (300)
75	120		calendar days before the birth , the name of the husband sha ll be
76	121		entered on the certificate as the father of the child unless
77	122		paternity has been determined otherwise by a court of competent
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78	150		jurisdiction or a husband ’s denial of paternity form has been filed
79	151		along with an affidavit acknowledging paternity, in which case the
80	152		name of the father as determined by the court or affidavit
81	153		acknowledging paternity shall be entered.
82		-
83	154		2. If the mother was not married at the time of conception and
84	155		birth, nor married at any time during the three hundred (300)
85	156		calendar days before the birth, the name of the father shall be
86	157		entered on the certificate of birth only if:
87		-
88	158		a. a determination of paternity has been made by an
89	159		administrative action through the Department of Human
90		-
91		-	ENR. S. B. NO. 208 Page 3
92	160		Services or a court of competent jurisdiction, in
93	161		which case the name of the father shall be entered, or
94		-
95	162		b. the mother and father have signed an affidavit
96	163		acknowledging acknowledgement of paternity pursuant to
97	164		Section 1-311.3 of this title, or substantially
98	165		similar affidavit from another state and filed it with
99	166		the State Registrar of Vital Statistics.
100		-
101	167		E. Either of the parents of the child shall sign the
102	168		certificate of live birth worksheet to attest to the accuracy of the
103	169		personal data entered thereon, in time to permit its filing within
104	170		the seven (7) days prescribe d in this section.
105		-
106	171		F. If the live birth results from a process in which the
107	172		delivering mother was carrying the child of another woman by way of
108	173		a prearranged legal contract, the original birth certificate shall
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109	201		be filed with the personal information of th e woman who delivered
110	202		the child. A new birth certificate will be placed on file once the
111	203		State Registrar receives both a court order and a completed form
112	204		prescribed by the State Registrar which identifies the various
113	205		parties and documents the personal inf ormation of the intended
114	206		parents necessary to complete the new birth certificate.
115		-
116	207		SECTION 2. AMENDATORY 63 O.S. 2011, Section 1 -311.2, is
117	208		amended to read as follows:
118		-
119	209		Section 1-311.2. The State Registrar of Vital Statistics shall
120	210		provide to the Department of Human Services the verifications of
121	211		birth certificates, affidavits acknowledging paternity and such
122	212		other documents or information necessary to comply with this act
123		-
124	213		The State Commissioner of Health shall authorize the secure
125	214		electronic transmission of any birth, death, paternity or adoption
126	215		data and such other documents or information necessary to comply
127	216		with the Uniform Parentage Act or for the purpose of assisting with
128	217		programs administered by the Department of Human Services. The
129	218		Department of Human Services shall not release information, data or
130	219		records received from the State Department of Health for these
131	220		purposes in response to an Open Records Act request and shall
132	221		protect the integrity of the vital records data to the ex tent
133	222		required of the State Department of Health by Section 1 -323 of this
	223	+	title. The State Department of Health and the Department of Human
134	224
135		-	ENR. S. B. NO. 208 Page 4
136		-	title. The State Department of Health and the Department of Human
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137	251		Services shall enter into a data sharing agreement for the purpose
138	252		of implementing the provisions of this section .
139		-
140	253		SECTION 3. AMENDATORY 63 O.S. 2011, Section 1 -321, as
141	254		amended by Section 1, Chapter 96, O.S.L. 2019 (63 O.S. Supp. 2020,
142	255		Section 1-321), is amended to read as follows:
143		-
144	256		Section 1-321. (a) A. A certificate or record registered unde r
145	257		this article may be amended only in accordance with this article and
146	258		regulations thereunder adopted by the State Board Commissioner of
147	259		Health to protect the integrity and accuracy of vital statistics
148	260		records.
149		-
150	261		(b) B. A certificate that is amended under t his section shall
151	262		be marked “amended”, except as provided in subsection (d) of this
152	263		section. The date of amendment and a summary description of the
153	264		evidence submitted in support of the amendment shall be endorsed on
154	265		or made a part of the record. The Board Commissioner shall
155	266		prescribe by regulation the conditions under which additions or
156	267		minor corrections shall be made to birth certificates within one (1)
157	268		year after the date of birth without the certificate being
158	269		considered as amended.
159		-
160	270		(c) C. Upon receipt of a certified copy of a court order, from
161	271		a court of competent jurisdiction, changing the name of a person
162	272		born in this state and upon request of such person or his parent,
163	273		guardian, or legal representative, the State Commissioner of Health
164	274		shall amend the certificate of birth to reflect the new name.
165	275
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166	302		(d) D. When a child is born out of wedlock, the Commissioner
167	303		shall amend a certificate of birth to show paternity, if paternity
168	304		is not currently shown on the birth certificate, in the following
169	305		situations:
170		-
171	306		(1) 1. Upon request and receipt of a sworn acknowledgment of
172	307		paternity of a child born out of wedlock signed by both parents; or
173		-
174	308		(2) 2. Upon receipt of a certified copy of a court order
175	309		establishing adjudicating paternity; or
176		-
177		-
178		-	ENR. S. B. NO. 208 Page 5
179	310		3. Upon receipt of an elect ronic record from the Department of
180	311		Human Services indicating that an acknowledgement of paternity has
181	312		been signed by both parents or a court order adjudicat ing paternity.
182		-
183	313		(e) E. For a child born out of wedlock, the Commissioner shall
184	314		also change the surn ame of the child on the certificate:
185		-
186	315		(1) 1. To the specified surname upon receipt of acknowledgment
187	316		of paternity signed by both parents or, upon receipt of a certified
188	317		copy of a court order directing such name be changed or upon receipt
189	318		of an electronic record from the Department of Human Services
190	319		indicating that an acknowledgement of paternity has been signed by
191	320		both parents or a court order direct s such name change. Such
192	321		certificate amended pursuant to this subsection shall not be marked
193	322		“amended”; or
194		-
195	323		(2) 2. To the surname of the mother on the birth certificate in
196	324		the event the acknowledgment of paternity is rescinded.
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198	352		(f) F. The State Board of Health Commissioner shall have the
199	353		power and duty to promulgate rules for situations in which the State
200	354		Registrar of Vital Statistics receives false information regarding
201	355		the identity of a parent.
202		-
203	356		(g) G. If within sixty (60) days of the initial issuance of a
204	357		certificate of death, a funeral director, or a person acting as
205	358		such, requests a correction to any portio n of the death record
206	359		except the information relating to the medical certification
207	360		portion, due to a scrivener ’s error, misspelling or other correction
208	361		of information, the Commissioner of Health, through the State
209	362		Registrar of Vital Statistics, shall amend the record, provided said
210	363		request is made in writing or through an electronic system and is
211	364		accompanied by documentation disclosing the correct information or
212	365		by a sworn statement of the funeral director. The funeral director,
213	366		or person acting as such, s hall be responsible for any and all
214	367		amendment fees that may be imposed by the Commissioner of Health for
215	368		said correction. Up to ten certified copies containing the
216	369		erroneous original information may be exchanged for certified copies
217	370		containing the correct ed information at no additional cost.
218		-
219		-
220		-	ENR. S. B. NO. 208 Page 6
221	371		SECTION 4. AMENDATORY 63 O.S. 2011, Section 1 -323, as
222	372		last amended by Section 1, Chapter 108, O.S.L. 2019 (63 O.S. Supp.
223	373		2020, Section 1-323), is amended to read as follows:
224		-
225	374		Section 1-323. A. To protect the integrity of vital statistics
226	375		records, to ensure their proper use, and to ensure the efficient and
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227	403		proper administration of the vital statistics system, it shall be
228	404		unlawful for any person to permit inspection of, or to disclose
229	405		information contained in, vital statistics records, or to copy or
230	406		issue a copy of all or part of any such record except to:
231		-
232	407		1. The person who is the subject of the record;
233		-
234	408		2. A parent named on the record or a person acting with the
235	409		parent’s permission unless that parent is currently incarcerated;
236		-
237	410		3. Someone acting with permission of the person who is the
238	411		subject of the record;
239		-
240	412		4. Someone acting as a legal representative of the estate of
241	413		the person who is the subject of the record;
242		-
243	414		5. Someone acting as a legal re presentative of a person
244	415		involved in a probate of the estate of the person who is the subject
245	416		of the record, as demonstrated by affidavit;
246		-
247	417		6. An attorney licensed to practice in the United States who
248	418		demonstrates by affidavit that the record is necessary in order to
249	419		administer a client’s estate;
250		-
251	420		7. Someone in receipt of a court order from a court of
252	421		competent jurisdiction ordering access to the record;
253		-
254	422		8. The Attorney General or to any district attorney upon
255	423		request in the course of a criminal investigat ion;
	424	+	9. Only in the case of a death certificate, a funeral director;
256	425
257		-	9. Only in the case of a death c ertificate, a funeral director;
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259	452		10. A representative of the Department of Corrections, when the
260	453		subject of the record is under supervision of the Department of
261	454		Corrections; or
262		-
263		-
264		-	ENR. S. B. NO. 208 Page 7
265	455		11. A representative of the Department o f Human Services acting
266	456		in accordance with Section 1 -311.2 of this title; or
267		-
268	457		12. Any other person working in the best interest of the
269	458		subject of the record, as determined by regulations of the State
270	459		Board Commissioner of Health.
271		-
272	460		Provided, that death certi ficates shall be considered publicly
273	461		available records fifty (50) years after the death and birth
274	462		certificates shall be considered publicly available records one
275	463		hundred twenty-five (125) years after the birth.
276		-
277	464		B. The State Department of Health shall, by July 1, 2017, make
278	465		available an online public index that includes, as is applicable,
279	466		the name, gender, date of birth, date of death, county of birth, and
280	467		county of death of all persons in its records. Birth data shall not
281	468		be added to the index until twent y (20) years after the birth.
282	469		Death data shall not be added to the index until five (5) years
283	470		after the death. The index shall be made available online at no
284	471		cost to users.
285		-
286	472		Private entities may request assistance from the Department in
287	473		receiving digital files including all or part of the index described
288	474		in this subsection. Such private entities may be assessed a fee
289	475		that shall not exceed the cost of creating and transmitting the
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290	503		digital file. The Board Commissioner may promulgate rules regarding
291	504		access to such digital files and applicable fees.
292		-
293	505		C. The Department may grant applications for electronic
294	506		verification of the existence of birth and death certificates for
295	507		legal and administrative purposes at any time following the birth or
296	508		death when such appli cations are made by:
297		-
298	509		1. A government agency in conduct of its official business;
299		-
300	510		2. A benefit-paying party, including but not limited to an
301	511		annuity company, pension plan or life insurance company in order to
302	512		determine benefit status;
303		-
304	513		3. A physician lice nsed to practice in the United States to
305	514		determine if a patient has been lost to care; or
306		-
307		-
308		-	ENR. S. B. NO. 208 Page 8
309	515		4. Other entities for fraud protection, subject to verification
310	516		of the entity’s purpose by the Department.
311		-
312	517		The recipient of a record verification as provided for in this
313	518		subsection may not disclose to a party not involved in the issue for
314	519		which the verification was sought.
315		-
316	520		The Department of Health may charge up to Four Dollars ($4.00)
317	521		for each electronic birth or death verification, although such fee
318	522		may be waived when such request is received by an Oklahoma state or
319	523		local government agency. The recipient of a record verification as
320	524		provided for in this subsection may also be subject to fees levied
321	525		by a contractor retained by the Board Commissioner to provide such
322	526		service.
323	527
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324	554		The Board Commissioner may promulgate rules necessary to
325	555		implement the provisions of this subsection.
326		-
327	556		D. The State Commissioner of Health may authorize the
328	557		disclosure of data contained in vital statistics records for public
329	558		health surveillance or re search purposes.
330		-
331	559		E. The State Department of Health shall transmit to the
332	560		Department of Public Safety:
333		-
334	561		1. At the end of each quarter year, a list of all registered
335	562		deaths which have occurred during such period of time. Upon receipt
336	563		of such list the Depar tment of Public Safety shall use such list
337	564		solely to update Department of Public Safety records and to cancel
338	565		the driver license for those deceased individuals with a valid
339	566		Oklahoma driver license at the time of death;
340		-
341	567		2. At the end of each month, a repor t of all registered deaths
342	568		that resulted from a motor vehicle collision which have occurred
343	569		during such period of time. The report shall be used by the
344	570		Department solely for the purpose of statistical analysis and
345	571		reporting; and
346		-
347	572		3. Upon written request f rom the Department, a death
348	573		certificate. The certificate shall be used solely by the Fatality
349	574		Analysis Reporting System (FARS) Analyst of the Oklahoma Highway
350	575		Safety Office to populate the federal FARS database.
351		-
352		-	ENR. S. B. NO. 208 Page 9
353		-
354	576		F. Each month, the Commissioner shall auth orize the
355	577		transmission to the Oklahoma Health Care Authority of a certified
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356	605		list of all registered deaths of residents of this state that have
357	606		occurred within the state for the immediately preceding month. The
358	607		Oklahoma Health Care Authority shall use the transmitted list to
359	608		ascertain the names of those individuals participating in the state
360	609		Medicaid program who are deceased, and shall thereafter terminate
361	610		such deceased person ’s enrollment in the state Medicaid program.
362		-
363	611		G. For the purpose of assisting in t he location and recovery of
364	612		missing children, information pertaining to birth certificates and
365	613		requests for copies of birth certificates shall be provided to the
366	614		Oklahoma State Bureau of Investigation pursuant to the provisions of
367	615		Section 1-323.1 of this title and Section 150.12A of Title 74 of the
368	616		Oklahoma Statutes.
369		-
370	617		H. The Commissioner shall authorize the transmission of death
371	618		certificates to the Department of Labor for the purpose of the
372	619		Department of Labor conducting a census of total occupational
373	620		injuries and illnesses. The Department shall transmit to the
374	621		Department of Labor statistics of fatal occupational injuries that
375	622		shall include the following:
376		-
377	623		1. Name of the deceased;
378		-
379	624		2. Date of death;
380		-
381	625		3. Sex;
382		-
383	626		4. Race;
384		-
385	627		5. Age;
386		-
387	628		6. Birth date;
388	629
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389	656		7. Social Security number;
390		-
391	657		8. Whether an autopsy was conducted;
392		-
393	658		9. Month of the accident; and
394		-
395		-
396		-	ENR. S. B. NO. 208 Page 10
397	659		10. Whether decedent was of Hispanic origin.
398		-
399	660		I. The Department of Labor shall be required to protect the
400	661		integrity of the vital statistics records to the same extent
401	662		required of the Department pursuant to this section.
402		-
403	663		SECTION 5. This act shall become effective November 1, 2021.
404	664
405		-
406		-	ENR. S. B. NO. 208 Page 11
407		-	Passed the Senate the 1st day of March, 2021.
408		-
409		-
410		-
411		-	Presiding Officer of the Senate
412		-
413		-
414		-	Passed the House of Representatives the 13th day of April, 2021.
415		-
416		-
417		-
418		-	Presiding Officer of the House
419		-	of Representatives
420		-
421		-	OFFICE OF THE GOVERNOR
422		-	Received by the Office of the Governor this _______ _____________
423		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
424		-	By: _____________________ ____________
425		-	Approved by the Governor of the State of Oklahoma this _____ ____
426		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
427		-
428		-	_________________________________
429		-	Governor of the State of Oklahoma
430		-
431		-
432		-	OFFICE OF THE SECRETARY OF STATE
433		-	Received by the Office of the Secretary of State this _______ ___
434		-	day of __________________, 20 _______, at _______ o'clock _______ M.
435		-	By: _______________________________ __
	665	+	COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT MODERNIZATION AND
	666	+	EFFICIENCY, dated 03/30/2021 - DO PASS.