SENATE FLOOR VERSION - HB1688 SFLR Page 1
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SENATE FLOOR VERSION
April 14, 2025
ENGROSSED HOUSE
BILL NO. 1688 By: Roe of the House
and
Stanley of the Senate
An Act relating to vital records; amending 63 O.S.
2021, Sections 1-301, 1-311, as last amended by
Section 131, Chapter 452, O.S.L . 2024, 1-312, 1-
315.1, 1-317, as last amended by Section 133, Chapter
452, O.S.L. 2024, 1-317a, 1-318, 1-318.2, 1-319, 1-
321, as amended by Section 4, Chapter 87, O.S.L.
2022, 1-323, 1-329.1, (63 O.S. Supp. 2024, Sections
1-311, 1-317, and 1-321), which relate to vital
statistics; adding a definition; updating statutory
references; clarifying corrections to birth
certificates, death certificates, and fetal death
certificates; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -301, is
amended to read as follows:
Section 1-301. As used in this article:
1. "Vital statistics" means records of birth, death, fetal
death and data related thereto;
2. "System of vital statistics" means the registration,
collection, preservation, amendment and certification of vital
statistics records, and activities related thereto, including the
SENATE FLOOR VERSION - HB1688 SFLR Page 2
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
tabulation, analysis and pu blication of statistical data derived
from such records;
3. "Filing" means the presentation of a certificate, report or
other record provided for in this article, of a birth, death, fetal
death or adoption, for registration by the State Commissioner of
Health;
4. "Registration" means the acceptance by the State
Commissioner of Health and the incorporation in his or her official
records of certificates, reports or other records provided for in
this article, of births, deaths, fetal deaths or adoptions;
5. "Live birth" means the c omplete expulsion or extraction from
the mother of a product of human conception, irrespective of the
duration of pregnancy, which, after such expulsion or extraction,
breathes or shows any other evidence of life such as beating of the
heart, pulsation of the umbilical cord or definite movement of
voluntary muscles, whether or not the umbilical cord has been cut or
the placenta is attached;
6. "Stillbirth" or "stillborn child" means a fetal death;
7. "Certificate of birth resultin g in stillbirth" means a
certificate issued to memorialize a stillborn child;
8. "Fetal death" means death prior to the complete expulsion or
extraction from its mother of a product of human conception after
the fetus has advanced to or beyond the twelfth week of
uterogestation. The death is indicated by the fact that, after such
SENATE FLOOR VERSION - HB1688 SFLR Page 3
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
expulsion or extraction, the fetus does not breathe or show any
other evidence of life such as beating of the heart, pulsation of
the umbilical cord or definite movement of volun tary muscles;
9. "Dead body" means an individual who is determined to be dead
pursuant to the provisions of the Uniform Determination of Death
Act;
10. "Final disposition" means the burial, interment, cremation,
or other disposition of a dead body or fetus;
11. "Physician" mean s a person who is a member of the class of
persons authorized to use the term "physician" pursuant to Section
725.2 of Title 59 of the Oklahoma Statutes;
12. "Institution" means any establishment, public or private,
which provides inpatient medical, surgi cal or diagnostic care or
treatment, or nursing, custodial or domiciliary care, to two or more
unrelated individuals, or to which persons are committed by law; and
13. "Disinterment" means the recovery of human remains by
exhumation or disentombment. "Di sinterment" does not include the
raising and lowering of remains to accommodate two interments within
a single grave and does not include the repositioning of an outside
burial container that encroaches on adjoining burial space ; and
14. "Minor correction " means fixing a scrivener's error,
correcting an error in the spelling of a name or word of common
knowledge, filling in an erroneous omission, deleting an erroneous
addition, or something similar. To obtain a minor correction, an
SENATE FLOOR VERSION - HB1688 SFLR Page 4
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
applicant shall provide clear and convincing evidence of an
objective error that was knowable at or near the time the
certificate was made .
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -311, as
last amended by Section 131, Chapt er 452, O.S.L. 2024 (63 O .S. Supp.
2024, Section 1-311), is amended to read as follows:
Section 1-311. A. A certificate of birth for each live birth
which occurs in this state shall be filed with the State Registrar
of Vital Statistics, Commissioner of Health 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 physic ian 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 o f 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
SENATE FLOOR VERSION - HB1688 SFLR Page 5
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. The father, the mother or, in the a bsence or inability of
the father or mother, the person in charge of the premises where the
birth occurred and present at the birth.
D. 1. If the mother was married at the time of birth, or
married at any time during the three hundred (300) calendar days
before the birth, the na me of the husband shall be entered on the
certificate as the father of the child unless paternity has been
determined otherwise by a court of competent jurisdiction or a
husband's denial of paternity form has been filed along with an
affidavit acknowledgin g paternity, in which case the name of the
father as determined by the court or affidavit acknowledging
paternity shall be entered . If there is a refusal to identify
paternity on the birth certificate, the State Department of Health
is authorized to regis ter a birth certificate as such .
2. If the mother was not married at the time of 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 agreed as to the b iological
paternity of the child and signed an acknowledgement
SENATE FLOOR VERSION - HB1688 SFLR Page 6
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
acknowledgment 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 Vi tal Statistics Commissioner of
Health.
This shall give the unmarried mother and biological father equal
rights and obligations to the child. A child whose parentage has
been determined as set forth shall be treated as a child of parents
who were married at the time of the birth.
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 prescribed in this sec tion.
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
be filed with the personal information of the woman who delivered
the child. A new birth certificate will be placed on file once the
State Registrar Department receives both a court order and a
completed form prescribed by the State Registrar Department which
identifies the various parties and documents the per sonal
information of the intended parents necessary to complete the new
birth certificate.
SENATE FLOOR VERSION - HB1688 SFLR Page 7
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
G. Beginning on the effective date of this act April 25, 2022,
the biological sex designation on a certificate of birth issued
under this section shall be either male or female and shall no t be
nonbinary or any symbol representing a nonbinary designation
including but not limited to the letter "X".
SECTION 3. AMENDATORY 63 O.S. 2021, Section 1 -312, is
amended to read as follows:
Section 1-312. (a) A. Whoever assumes the custody of a living
infant of unknown parentage shall report, on a form and in the
manner prescribed by the State Commissioner of Health within seven
(7) days to the State Registrar Commissioner of Health , the
following information:
(1) the 1. The date and place of finding .;
(2) sex 2. Sex, color or race, and approximate age of child .;
(3) name 3. Name and address of the persons or institution with
whom the child has been placed for care .; and
(4) and other 4. Other data required by the Commissio ner.
(b) B. The place where the child was found shall be entered as
the place of birth and the date of birth shall be determined by
approximation.
(c) C. A report registered under this section shall constitute
the certificate of birth for the infant.
(d) D. If the child is identified and a certificate of birth is
found or obtained, any report registered under this section shall be
SENATE FLOOR VERSION - HB1688 SFLR Page 8
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
sealed and filed and may be opened only by order of a court of
competent jurisdiction.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 1 -315.1, is
amended to read as follows:
Section 1-315.1. A. If a death certificate is required to
settle a property or financial interest for a person who has
allegedly died in this state twenty -five (25) years ago or long er,
and the following determinations have been made:
1. The State Registrar of Vital Statistics for this state
Department of Health has confirmed that a death certificate is not
on file with the State Department of Health;
2. The State Registrar of Vital Statistics Department has
determined that all due diligence has been performed and the
requirements of Section 1 -317 of Title 63 of the Oklahoma Statutes
this title requiring a death certificate to be filed cannot be met;
and
3. The State Registrar of Vi tal Statistics Department has
determined that all due diligence has been performed and the
requirements of Section 1 -314 of Title 63 of the Oklahoma Statutes
this title for the filing of a delayed death certificate cannot be
met; then a verified petition m ay be filed with the district court
of the county where the death allegedly occurred for an order
establishing a judicial record of death.
B. The verified petition shall contain the following:
SENATE FLOOR VERSION - HB1688 SFLR Page 9
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. The full legal name of the person who is allegedly decease d;
2. The date and place of birth of the decedent;
3. The age of the decedent;
4. The date and place of the death of the decedent;
5. The property or financial interest to be resolved;
6. The determinations of the State Registrar of Vital
Statistics Department as required in paragraphs 2 and 3 of
subsection A of this section; and
7. Other facts deemed pertinent, which include, but are not
limited to, the parents or spouse of the decedent.
C. Upon the filing of the verified petition, the office of the
court clerk for the county where the petition is filed shall give
the petition a number in the probate files of the county. Notice of
the verified petition shall be made upon the State Department of
Health and published once in a newspaper of general cir culation in
the county where the petition is filed.
D. Based on the verified petition, all the evidence the
applicant has in his or her possession such as personal testimony,
affidavits or records and determinations of the State Registrar of
Vital Statistics Department as required in paragraphs 2 and 3 of
subsection A of this section, the court may enter an order:
1. Establishing the full legal name of the individual who is
deceased;
2. The date and place of the birth of the dece dent;
SENATE FLOOR VERSION - HB1688 SFLR Page 10
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. The age of the decedent;
4. The date and place where the death occurred;
5. The property or financial interest that is resolved; and
6. Other facts deemed pertinent by the court and as set forth
in the verified petition.
Said order shall be final and conclusive of al l the facts
therein adjudged.
E. A certified copy of the order shall be filed with the State
Department of Health, and a certified copy thereof shall be issued
by the State Department of Health in the same manner as certificates
of death.
F. Issuance of a certified copy of the order filed with the
State Department of Health pursuant to this section shall satisfy
any and all requirements set forth in any statute requiring a death
certificate or order of any court requiring the issuance of a death
certificate.
SECTION 5. AMENDATORY 63 O.S. 2021, Section 1 -317, as
last amended by Section 133, Chapter 452, O.S.L. 2024 (63 O.S. Supp.
2024, Section 1-317), is amended to read as follows:
Section 1-317. A. A death certificate for each d eath which
occurs in this state shall be filed with the State Department of
Health, within three (3) days after such death.
B. The funeral director shall personally sign the death
certificate and shall be responsible for filing the death
SENATE FLOOR VERSION - HB1688 SFLR Page 11
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
certificate. If the funeral director is not available, the person
acting as such who first assumes custody of a dead body in
accordance with Section 1158 of Title 21 of the Oklahoma Statutes
shall personally sign and file the death certificate. T he personal
data shall be obtained from the next of kin or the best qualified
person or source available. The funeral director or person acting
as such shall notify the person providing the personal data that it
is a felony to knowingly provide false data or misrepresent any
person's relationship to the decedent. The certificate shall be
completed as to personal data and delivered to the attending
physician or the medical examiner responsible for completing the
medical certification portion of the certifi cate of death within
twenty-four (24) hours after the death. No later than July 1, 2012,
the personal data, and no later than July 1, 2017, the medical
certificate portion, shall be entered into the prescribed electronic
system provided by the State Registrar of Vital Statistics
Department and the information submitted to the State Registrar of
Vital Statistics Department. The resultant certificate produced by
the electronic system shall be provided to the physician or medical
examiner for medical certifi cation within twenty -four (24) hours
after the death.
C. The medical certification shall be completed and signed
within forty-eight (48) hours after death by the physician,
physician assistant, or advanced practice registered nurse in charge
SENATE FLOOR VERSION - HB1688 SFLR Page 12
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
of the patient's care for the illness or condition which resulted in
death, except when inquiry as to the cause of death is required by
Section 938 of this title. No later than July 1, 2017, the medical
certification portion of certificate data shall be entered into t he
prescribed electronic system provided by the State Registrar of
Vital Statistics Department and the information submitted to the
State Registrar of Vital Statistics Department.
D. In the event that the physician, physician assistant, or
advanced practice registered nurse in ch arge of the patient's care
for the illness or condition which resulted in death is not in
attendance at the time of death, the medical certification shall be
completed and signed within forty -eight (48) hours after death by
the physician, physician assista nt, or advanced practice registered
nurse in attendance at the time of death, except:
1. When the patient is under hospice care at the time of death,
the medical certification may be signed by the hospice's medical
director; and
2. When inquiry as to the cause of death is required by Section
938 of this title.
Provided, that such certification, if signed by other than the
attending physician, physician assistant, or advanced practice
registered nurse, shall note on the face the na me of the attending
physician, physician assistant, or advanced practice registered
nurse and that the information shown is only as reported.
SENATE FLOOR VERSION - HB1688 SFLR Page 13
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. A certifier completing cause of death on a certificate of
death who knows that a lethal drug, overdose or other means of
assisting suicide within the meaning of Sections 3141.2 through
3141.4 of this title caused or contributed to the death shall list
that means among the chain of events under cause of death or list it
in the box that describes how the injury occu rred. If such means is
in the chain of events under cause of death or in the box that
describes how the injury occurred, the certifier shall indicate
"suicide" as the manner of death.
F. The authority of a physician assistant to carry out the
functions described in this section shall be governed by the
practice agreement as provided by Section 519.6 of Title 59 of the
Oklahoma Statutes.
SECTION 6. AMENDATORY 63 O.S. 2021, Section 1 -317a, is
amended to read as follows:
Section 1-317a. A. The State Registrar of Vital Statistics
Department of Health shall make available to all funeral directors
and physicians licensed in this state a system to electronically
capture the required information and file the prescribed death
certificate with the State Departmen t of Health. Access to the
prescribed electronic system shall be provided to registered users
at no cost.
B. Funeral directors and physicians shall be registered with
the State Registrar of Vital Statistics Department prior to using
SENATE FLOOR VERSION - HB1688 SFLR Page 14
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the prescribed electr onic system. The State Registrar of Vital
Statistics Department shall provide such registration at no cost.
C. Registration shall be updated at least annually to maintain
access to the prescribed system and shall include training on any
changes or updates to the prescribed system or associated forms.
Funeral directors licensed in this state shall be trained on the use
of the prescribed electronic system to file personal data on the
prescribed death certificate. Physicians license d in this state
shall be trained on the use of the prescribed electronic system to
complete, sign, and file the medical certification on the prescribed
death certificate. The State Registrar of Vital Statistics
Department shall provide the required training at no cost.
D. No later than July 1, 2012, funeral directors licensed in
this state shall be required to sign and file death certificates
using the prescribed electronic system.
E. No later than July 1, 2017, physicians licensed in this
state shall be required to sign and fil e death certificates using
the prescribed electronic system.
SECTION 7. AMENDATORY 63 O.S. 2021, Section 1 -318, is
amended to read as follows:
Section 1-318. (a) A. A fetal death certificate for each fetal
death which occurs in this state shall be filed with the State
Registrar Department of Health , within three (3) days after such
delivery.
SENATE FLOOR VERSION - HB1688 SFLR Page 15
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(b) B. The funeral director or person acting as such who first
assumes custody of a fetus shall file the fetal dea th certificate.
In the absence of such a person, the physician or other person in
attendance at or after the delivery shall file the certificate of
fetal death. He or she shall obtain the personal data from the next
of kin or the best qualified person or source available. He or she
shall complete the certificate as to personal data and deliver the
certificate to that person responsible for completing the medical
certification of cause of death within twenty -four (24) hours after
delivery.
(c) C. The medical certification shall b e completed and signed
within forty-eight (48) hours after delivery by the physician in
attendance at or after delivery, except when inquiry into the cause
of death is required by Section 938 of this title.
SECTION 8. AMENDATORY 6 3 O.S. 2021, Section 1 -318.2, is
amended to read as follows:
Section 1-318.2. The State Registrar of Vital Statistics
Commissioner of Health shall establish a certificate of birth
resulting in stillbirth to be offered to the paren t or parents of a
stillborn child. The medical staff treating the stillbirth shall
notify the parent of the ability to request the certificate. The
certificate shall be available to any parent of a stillborn child
upon proper application. This certificate shall not be used as
evidence of live birth or for identification purposes.
SENATE FLOOR VERSION - HB1688 SFLR Page 16
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 9. AMENDATORY 63 O.S. 2021, Section 1 -319, is
amended to read as follows:
Section 1-319. A. A burial transit permit issued under the
laws of another state which accom panies a dead body or fetus brought
into this state shall be authority for final disposition of the body
or fetus in this state.
B. A disinterment permit shall be required prior to
disinterment of a dead body or fetus except as authorized by
regulation or otherwise provided by law. Such permit shall be
issued by the State Registrar of Vital Records Commissioner of
Health to a licensed funeral director, embalmer, or other person
acting as such, upon proper application.
C. Application for a disinterment sh all include the consent of
the next of kin. The consent of the next of kin shall be completed
by the next of kin in order of priority as established in Section
1158 of Title 21 of the Oklahoma Statutes.
D. If the dead body or fetus is to be disinterred a nd
reinterred in the same cemetery, a disinterment permit is not
required.
E. If the dead body or fetus is to be disinterred and
reinterred in the same cemetery, a notice of disinterment and
reinterment shall be completed, signed by the funeral director a nd
the next of kin, and then submitted to the State Registrar of Vital
SENATE FLOOR VERSION - HB1688 SFLR Page 17
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Records at the State Department of Health within five (5) days of
such action.
F. The forms for the Disinterment Permit and Notice of
Disinterment and Reinterment shall be obtained fro m the State
Registrar of Vital Records Department.
SECTION 10. AMENDATORY 63 O.S. 2021, Section 1 -321, as
amended by Section 4, Chapter 87, O.S.L. 2022 (63 O.S. Supp. 2024,
Section 1-321), is amended to rea d as follows:
Section 1-321. A. A certificate or record registered under
this article may be amended only in accordance with this article and
regulations thereunder adopted by the State Commissioner of Health
to protect the integrity and accuracy of vital statistics records.
B. A certificate that is amended under this 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 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. Certificates shall be
marked as "amended" for minor corrections made one (1) year after
the date of birth.
SENATE FLOOR VERSION - HB1688 SFLR Page 18
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C. Upon receipt of a certified copy of a court order, from a
court of competent jurisdiction, changing the name o f a person born
in this state and upon request of such person or his or her parent,
guardian or legal representative, the State Commissioner of Health
shall amend the certificate of birth to reflect the new name.
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. Upon request and receipt of a sworn acknowledgment of
paternity of a child born out of wedlo ck signed by both parents ;
2. Upon receipt of a certified copy of a court order
adjudicating paternity; or
3. Upon receipt of an electronic record from the Department of
Human Services indicating that an acknowledgement acknowledgment of
paternity has been signed by both parents or a court order
adjudicating paternity.
E. For a child born out of wedlock, the Commissioner shall also
change the surname of the child on the certificate:
1. To the specified surname upon receipt of acknowledgment of
paternity signed by both parents, 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 acknowledgment of paternity has
SENATE FLOOR VERSION - HB1688 SFLR Page 19
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
been signed by both parents or a court order directs such name
change. Such certificate amended pursuant to this subsection shall
not be marked "amended"; or
2. To the surname of the mother on the birth certificate in the
event the acknowledgment of paternity is rescinded.
F. The Commissioner shall have the power and duty to promulgate
rules for situations in which the State Registrar of Vital
Statistics Department receives false information regarding the
identity of a parent.
G. If within sixty (60) days one (1) year of the initial
issuance of a certificate of death, a funeral director, or a person
acting as such, requests a correction to any portion of the death
record except the information relating to the medical certification
portion, due to a scrivener' s error, misspelling or o ther correction
of information, the Commissioner of Health, through the State
Registrar of Vital Statistics, shall amend the record, provided the
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, shall be responsible for any and all
amendment fees that may be imposed by the Commissioner of Health for
the correction. Up to ten certi fied copies containing the erroneous
original information may be exchanged for certified copies
containing the corrected information at no additional cost.
SENATE FLOOR VERSION - HB1688 SFLR Page 20
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
H. Beginning on the effective date of this act April 26, 2022,
the biological sex designation on a certificate of birth amended
under this section shall be either male or female and shall not be
nonbinary or any symbol representing a nonbinary designation
including but not limited to the letter "X".
SECTION 11. AMENDATORY 63 O.S . 2021, 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
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 reco rd;
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 representative of a person
involved in a probate of the estate of the person who is the subject
of the record, as demonstrated by affidavit;
SENATE FLOOR VERSION - HB1688 SFLR Page 21
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. An attorney lice nsed to practice in the U nited 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 a ny district attorney upon
request in the course of a criminal investigation;
9. Only in the case of a death certificate, a funeral director;
10. A representative of the Department of Corrections, when the
subject of the record is under supervision of the Department of
Corrections;
11. A representative of the Department of 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 or the estate of the subject o f record, as
determined by regulations of the State Commissioner of Health.
Provided, that death certificates shall be considered publicly
available records fifty (50) years after the death and birth
certificates shall be considere d publicly available reco rds 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
SENATE FLOOR VERSION - HB1688 SFLR Page 22
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
be added to the index until twenty (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 crea ting and transmitting the
digital file. The 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 bi rth and death certificate s for
legal and administrative purposes at any time following the birth or
death when such applications 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 licensed to practice in the United States to
determine if a patient has been lost to care; or
4. Other entities for fraud protection, subje ct to verification
of the entity's purpose by the Department.
SENATE FLOOR VERSION - HB1688 SFLR Page 23
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 may charge up to Four Dollars ($4.0 0) 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 sub section, may also be subject to fees levied
by a contractor retained by the Commissioner to provide such
service.
The 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 research 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 Department 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;
SENATE FLOOR VERSION - HB1688 SFLR Page 24
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. At the end of each month, a report 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 from 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 authorize the
transmission to the Oklahoma Health Care Authority of a certified
list of all registered deaths of residents of this state that have
occurred within the state for the im mediately 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 en rollment in the state Medicaid program.
G. For the purpose of assisting in the 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.
SENATE FLOOR VERSION - HB1688 SFLR Page 25
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
H. The Commissioner shall authorize the transmission of death
certificates to the Department of Labor for the purpo se 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;
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 p rotect the
integrity of the vital statistics records to the same extent
required of the Department pursuant to this section.
SECTION 12. AMENDATORY 63 O.S. 2021, Section 1 -329.1, is
amended to read as follo ws:
Section 1-329.1. Until a permit for disposal has been issued in
accordance with this section, no dead human body whose death
occurred within the State of Oklahoma shall be cremated, buried at
SENATE FLOOR VERSION - HB1688 SFLR Page 26
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
sea, or made unavailable for further pathologic study by other
recognized means of d estruction or dissolution of such remains.
When the person legally responsible for disposition of a dead
human body, whose death occurred or was pronounced within this
state, desires that the body be cremated, buried at sea, or mad e
unavailable for further pathologic study by other recognized means
of destruction or dissolution of such remains, that person shall
complete an application -permit form for such procedure provided by
the Office of the Chief Medical Examiner. The Office of the Chief
Medical Examiner, in accordance with Section 948.1 of this title,
shall charge a fee for each cremation permit issued. The Medical
Examiner shall be notified, as required in Section 938 of this
title. He or she shall perform the required inve stigation and shall
issue a valid death certificate as required by Section 947 of this
title and execute the permit in accordance with rules established by
the Office of the Chief Medical Examiner. In order to be valid,
each permit must contain an individual number assigned to th e
particular permit by the Office of the Chief Medical Examiner. A
copy of the application -permit form and the original death
certificate shall be filed with the State Registrar Department of
Health. The original application -permit form shall be filed by the
funeral director with the Office of the Chief Medical Examiner.
Such filing shall occur or be postmarked within forty -eight (48)
hours of the death.
SENATE FLOOR VERSION - HB1688 SFLR Page 27
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
If death occurred or was pronounced outside the geographic
limits of the State of Oklahoma and the bo dy is brought into this
state for such disposal, a transit permit or a permit for removal,
issued in accordance with the laws and regulations in force where
the death occurred shall authorize the transportation of the body
into or through this state and sh all be accepted in lieu of a
certificate of death as required above. A valid permit issued for
disposal of such body in accordance with the laws in the
jurisdiction where the body died or death was pronounced shall be
authority for cremation or burial at sea or to make the body
otherwise unavailable for further pathologic study by other
recognized means of destruction or dissolution of such remains.
SECTION 13. This act shall become effective July 1, 2025.
SECTION 14. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: C OMMITTEE ON HEALTH AND HUMAN SERVICES
April 14, 2025 - DO PASS