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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1748 By: Moore
AS INTRODUCED
An Act relating to death certificates; amending 63
O.S. 2021, Section 1 -323, which relates to vital
statistics records, confidential and exceptions;
adding an exception; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 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 pe rson who is the
subject of the record;
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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 or der 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;
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 H uman 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
Commissioner of Health.
Provided, that death certificates s hall be considered publicly
available records fifty (50) years after the death and birth
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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, 2 017, 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 twenty (20) ye ars 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 e ntities may be assessed
a fee that shall not exceed the cost of creating and transmitting
the digital file. The Commissioner may promulgate rules regarding
access to such digita l 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 applications are ma de 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;
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3. A physician licensed to prac tice in the United States to
determine if a patient has been lost to care; or
4. An attorney licensed to practice in the United States in
connection with any administrative matter; or
5. 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 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 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 c ontained 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:
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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;
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 pur pose 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 popul ate 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 immed iately preceding month. The
Oklahoma Health Care Authority shall use the tran smitted 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.
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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 Burea u 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;
7. Social Security number;
8. Whether an autopsy was conducted;
9. Month of the accident; and
10. Whether decedent was of Hispanic origin.
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I. The Department of Labor shall be required to prot ect the
integrity of the vital statistics records to the same extent
required of the Department pursuant to this section.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10394 TJ 12/31/24