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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 1748 By: Moore
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38	38	AS INTRODUCED
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40	40	An Act relating to death certificates; amending 63
41	41	O.S. 2021, Section 1 -323, which relates to vital
42	42	statistics records, confidential and exceptions;
43	43	adding an exception; and providing an effective date .
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48	48	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
49	49	SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -323, is
50	50	amended to read as follows:
51	51	Section 1-323. A. To protect the integrity of vital statistics
52	52	records, to ensure their proper use, and to ensure the efficient and
53	53	proper administration of the vital statistics system, it shall be
54	54	unlawful for any person to permit inspection of, or to disclose
55	55	information contained in, vital statistics records, or to copy or
56	56	issue a copy of all or part of any such record except to:
57	57	1. The person who is the subject of the record;
58	58	2. A parent named on the record or a person acting with the
59	59	parent's permission unless that parent is currently incarcerated;
60	60	3. Someone acting with permission of the pe rson who is the
61	61	subject of the record;
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88	88	4. Someone acting as a legal representative of the estate of
89	89	the person who is the subject of the record;
90	90	5. Someone acting as a legal re presentative of a person
91	91	involved in a probate of the estate of the person who is the subject
92	92	of the record, as demonstrated by affidavit;
93	93	6. An attorney licensed to practice in the United States who
94	94	demonstrates by affidavit that the record is necessary in order to
95	95	administer a client's estate;
96	96	7. Someone in receipt of a court or der from a court of
97	97	competent jurisdiction ordering access to the record;
98	98	8. The Attorney General or to any district attorney upon
99	99	request in the course of a criminal investigat ion;
100	100	9. Only in the case of a death certificate, a funeral director;
101	101	10. A representative of the Department of Corrections, when the
102	102	subject of the record is under supervision of the Department of
103	103	Corrections;
104	104	11. A representative of the Department of H uman Services acting
105	105	in accordance with Section 1 -311.2 of this title; or
106	106	12. Any other person working in the best interest of the
107	107	subject of the record, as determined by regulations of the State
108	108	Commissioner of Health.
109	109	Provided, that death certificates s hall be considered publicly
110	110	available records fifty (50) years after the death and birth
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137	137	certificates shall be considered publicly available records one
138	138	hundred twenty-five (125) years after the birth.
139	139	B. The State Department of Health shall, by July 1, 2 017, make
140	140	available an online public index that includes, as is applicable,
141	141	the name, gender, date of birth, date of death, county of birth, and
142	142	county of death of all persons in its records. Birth data shall not
143	143	be added to the index until twenty (20) ye ars after the birth.
144	144	Death data shall not be added to the index until five (5) years
145	145	after the death. The index shall be made available online at no
146	146	cost to users.
147	147	Private entities may request assistance from the Department in
148	148	receiving digital files , including all or part of the index
149	149	described in this subsection. Such private e ntities may be assessed
150	150	a fee that shall not exceed the cost of creating and transmitting
151	151	the digital file. The Commissioner may promulgate rules regarding
152	152	access to such digita l files and applicable fees.
153	153	C. The Department may grant applications for electronic
154	154	verification of the existence of birth and death certificates for
155	155	legal and administrative purposes at any time following the birth or
156	156	death when such applications are ma de by:
157	157	1. A government agency in conduct of its official business;
158	158	2. A benefit-paying party including, but not limited to, an
159	159	annuity company, pension plan , or life insurance company in order to
160	160	determine benefit status;
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187	187	3. A physician licensed to prac tice in the United States to
188	188	determine if a patient has been lost to care; or
189	189	4. An attorney licensed to practice in the United States in
190	190	connection with any administrative matter; or
191	191	5. Other entities for fraud protection, subject to verification
192	192	of the entity's purpose by the Department.
193	193	The recipient of a record verification as provided for in this
194	194	subsection may not disclose to a party not involved in the issue for
195	195	which the verification was sought.
196	196	The Department may charge up to Four Dollars ($4.00) for each
197	197	electronic birth or death verification, although such fee may be
198	198	waived when such request is received by an Oklahoma state or local
199	199	government agency. The recipient of a record verification as
200	200	provided for in this subsection may also be subject to fees levied
201	201	by a contractor retained by the Commissioner to provide such
202	202	service.
203	203	The Commissioner may promulgate rules necessary to implement the
204	204	provisions of this subsection.
205	205	D. The State Commissioner of Health may authorize the
206	206	disclosure of data c ontained in vital statistics records for public
207	207	health surveillance or research purposes.
208	208	E. The State Department of Health shall transmit to the
209	209	Department of Public Safety:
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236	236	1. At the end of each quarter year, a list of all registered
237	237	deaths which have occurred during such period of time. Upon receipt
238	238	of such list, the Department of Public Safety shall use such list
239	239	solely to update Department of Public Safety records and to cancel
240	240	the driver license for those deceased individuals with a valid
241	241	Oklahoma driver license at the time of death;
242	242	2. At the end of each month, a report of all registered deaths
243	243	that resulted from a motor vehicle collision which have occurred
244	244	during such period of time. The report shall be used by the
245	245	Department solely for the pur pose of statistical analysis and
246	246	reporting; and
247	247	3. Upon written request from the Department, a death
248	248	certificate. The certificate shall be used solely by the Fatality
249	249	Analysis Reporting System (FARS) Analyst of the Oklahoma Highway
250	250	Safety Office to popul ate the federal FARS database.
251	251	F. Each month, the Commissioner shall authorize the
252	252	transmission to the Oklahoma Health Care Authority of a certified
253	253	list of all registered deaths of residents of this state that have
254	254	occurred within the state for the immed iately preceding month. The
255	255	Oklahoma Health Care Authority shall use the tran smitted list to
256	256	ascertain the names of those individuals participating in the state
257	257	Medicaid program who are deceased, and shall thereafter terminate
258	258	such deceased person 's enrollment in the state Medicaid program.
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285	285	G. For the purpose of assisting in the location and recovery of
286	286	missing children, information pertaining to birth certificates and
287	287	requests for copies of birth certificates shall be provided to the
288	288	Oklahoma State Burea u of Investigation pursuant to the provisions of
289	289	Section 1-323.1 of this title and Section 150.12A of Title 74 of the
290	290	Oklahoma Statutes.
291	291	H. The Commissioner shall authorize the transmission of death
292	292	certificates to the Department of Labor for the purpose of the
293	293	Department of Labor conducting a census of total occupational
294	294	injuries and illnesses. The Department shall transmit to the
295	295	Department of Labor statistics of fatal occupational injuries that
296	296	shall include the following:
297	297	1. Name of the deceased;
298	298	2. Date of death;
299	299	3. Sex;
300	300	4. Race;
301	301	5. Age;
302	302	6. Birth date;
303	303	7. Social Security number;
304	304	8. Whether an autopsy was conducted;
305	305	9. Month of the accident; and
306	306	10. Whether decedent was of Hispanic origin.
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333	333	I. The Department of Labor shall be required to prot ect the
334	334	integrity of the vital statistics records to the same extent
335	335	required of the Department pursuant to this section.
336	336	SECTION 2. This act shall become effective November 1, 2025.
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338	338	60-1-10394 TJ 12/31/24

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1748 Compare Versions