Chapter 4322009 EDITION

Vital Statistics

VITAL AND PUBLIC HEALTHSTATISTICS SYSTEM; STATE, COUNTY

AND LOCAL REGISTRARS432.005 Definitions432.010 Center for Health Statistics; standards432.015 Rules432.020 State registrar; appointment432.025 Assistant state registrars432.030 Duties of state registrar432.035 County registrars432.040 Duties of county and local registrars432.060 Confidentiality and inadmissibility of in-

formation obtained in connection withepidemiologic morbidity and mortalitystudies; exceptions; nonliability of infor-mants

432.075 Duty to furnish information to state reg-istrar; immunity

432.080 Copy of vital records furnished withoutcharge for use in proceeding on war vet-eran′s benefits

432.085 Sale of birth and death certificate copies;rules

432.090 Issuance of additional birth certificate;fee; form; distribution of funds received

432.095 Application of chapter provisions

GENERAL PROVISIONS ONCERTIFICATION AND RECORDS; FEES

432.105 Procedure for transmitting and filing cer-tificates

432.115 Form of records and reports; status; dis-position; rules

432.119 Abstracts of birth and death certificatesas public records; limitations

432.121 Disclosure and certification of records andreports; rules

432.122 Verification of birth certificate and deathrecords; rules

432.124 Disclosure of death records filed in con-junction with claims or interests in land

432.130 Compelling access to records432.140 Application for delayed certificates432.142 Procedure when application for delayed

certificate denied432.146 Fees432.165 Death records432.180 Certified copies of vital records or vital

reports; evidentiary value; fraud or mis-representation

RECORDS OF BIRTHS; CERTIFICATIONOF UNRECORDED BIRTHS; VOLUNTARY

ACKNOWLEDGMENT OF PATERNITY432.206 Compulsory registration of births; rules;

persons required to file

432.230 When new certificate issued; contents;amendment upon adoption; delayed cer-tificate

432.235 Amendment of vital record or vital report;rules

432.240 Issuance of certified copy of certificate ofbirth to adopted persons; Contact Prefer-ence Form

432.266 Commemorative Certificate of Stillbirth;rules

432.285 Availability of voluntary acknowledgmentof paternity form; responsibility of healthcare facility and parents

432.287 Voluntary acknowledgment of paternityform; rules; filing; when form is sworndocument; copy to child support agency

432.289 Full faith and credit

DETERMINATION OF DEATH432.300 Determination of death

DEATH CERTIFICATES; BURIAL PERMITS

432.307 Compulsory filing of death certificates;persons required to file

432.312 Death certificate fee; use; limitation432.317 Report upon receipt of body or fetus; au-

thorization for final disposition; rules432.327 Extensions on certificates, reports and

permits; rules432.333 Reports on fetal deaths432.337 Status of reports under ORS 435.496; rules

RECORDS OF MARRIAGES, DOMESTIC PARTNERSHIPS, DIVORCES,

ADOPTIONS, ANNULMENTS AND CERTAIN BIRTHS

432.405 Filing of marriage record or domesticpartnership registration; rules

432.408 Record of dissolution of marriage judg-ment or dissolution of domestic partner-ship judgment; rules

432.412 Marriage and divorce records subject tofull disclosure; exemption

432.415 Reports on adoptions432.420 Access to adoption records432.430 Duty to report on child of unknown par-

entage; rules

CANCER AND TUMOR REGISTRYSYSTEM

432.500 Definitions432.510 Cancer and tumor registry system; pur-

pose; rulemaking; duties of Oregon HealthAuthority

432.520 Reporting requirement; review of records;special studies

432.530 Confidentiality of information432.540 Use of confidential data; rules

Title 36 Page 1 (2009 Edition)

PUBLIC HEALTH AND SAFETY

432.550 Action for damages; license; disciplinaryaction prohibited for good faith partic-ipation in reporting of data

432.570 No requirement or prohibition regardingoperation of separate cancer and tumorregistry

PENALTIES432.900 Civil penalty432.993 Unlawful use of vital record or vital re-

port; criminal penalty432.995 Obstructing the keeping of vital records

or vital reports; criminal penalty

Title 36 Page 2 (2009 Edition)

VITAL STATISTICS 432.010

VITAL AND PUBLIC HEALTHSTATISTICS SYSTEM; STATE, COUNTY

AND LOCAL REGISTRARS432.005 Definitions. As used in this

chapter, unless the context requires other-wise:

(1) “Authority” means the Oregon HealthAuthority.

(2) “Dead body” means a human body orsuch parts of such human body from thecondition of which it reasonably may beconcluded that death occurred.

(3) “Director” means the Director of theOregon Health Authority.

(4) “Divorce” means dissolution of amarriage.

(5) “Fetal death” means death prior tothe complete expulsion or extraction from itsmother of a product of human conception,irrespective of the duration of pregnancy.The death is indicated by the fact that aftersuch expulsion or extraction the fetus doesnot breathe or show any other evidence oflife such as beating of the heart, pulsationof the umbilical cord or definite movementof the voluntary muscles.

(6) “File” means the presentation andacceptance of a vital record or vital reportprovided for in this chapter by the Center forHealth Statistics.

(7) “Final disposition” means the burial,interment, cremation, removal from the stateor other authorized disposition of a deadbody or fetus, except that when removal fromthe state is conducted by the holder of acertificate of removal registration issued un-der ORS 692.270, the final disposition maynot be considered complete until the certif-icate of death is filed.

(8) “Induced termination of pregnancy”means the purposeful interruption of anintrauterine pregnancy with the intentionother than to produce a live-born infant andthat does not result in a live birth.

(9) “Institution” means any establish-ment, public or private, that provides inpa-tient or outpatient medical, surgical ordiagnostic care or treatment or nursing, cus-todial or domiciliary care, or to which per-sons are committed by law.

(10) “Live birth” means the complete ex-pulsion or extraction from its mother of aproduct of human conception, irrespective ofthe duration of pregnancy, that, after suchexpulsion or extraction, breathes or showsany other evidence of life such as beating ofthe heart, pulsation of the umbilical cord ordefinite movement of voluntary muscles,whether or not the umbilical cord has beencut or the placenta is attached.

(11) “Person acting as a funeral servicepractitioner” means:

(a) A person other than a funeral servicepractitioner licensed under ORS 692.045, in-cluding but not limited to a relative, friendor other interested party, who performs theduties of a funeral service practitioner with-out payment; or

(b) A funeral service practitioner whofiles death certificates in another state if thefuneral service practitioner is employed by afuneral establishment licensed in anotherstate and registered with the State Mortuaryand Cemetery Board under ORS 692.270.

(12) “Physician” means a person author-ized or licensed under the laws of this stateto practice medicine, osteopathy, chiropracticor naturopathic medicine.

(13) “Registration” means the process bywhich vital records and vital reports arecompleted, filed and incorporated into theofficial records of the Center for Health Sta-tistics.

(14) “State registrar” means the StateRegistrar of the Center for Health Statistics.

(15) “System of vital statistics” meansthe registration, collection, preservation,amendment and certification of vital recordsand vital reports; the collection of other re-ports required by this chapter, and activitiesrelated thereto including the tabulation,analysis, dissemination and publication of vi-tal statistics and training in the use ofhealth data.

(16) “Vital records” means certificates orreports of birth, death, marriage, declarationof domestic partnership, dissolution of mar-riage or domestic partnership and data re-lated thereto.

(17) “Vital reports” means reports of fetaldeath, induced termination of pregnancy, su-icide attempts by persons under 18 years ofage and survey and questionnaire documentsand data related thereto.

(18) “Vital statistics” means the data de-rived from certificates and reports of birth,death, fetal death, induced termination ofpregnancy, marriage, declaration of domesticpartnership, dissolution of marriage, dissol-ution of domestic partnership, suicide at-tempts by persons under 18 years of age andrelated reports. [Subsections (1) and (2) enacted as1973 c.829 §15; 1983 c.709 §1; 1997 c.783 §1; 1999 c.254 §4;1999 c.724 §7; 2001 c.900 §154; 2007 c.99 §16; 2009 c.595§604]

432.010 Center for Health Statistics;standards. (1) The Oregon Health Authorityshall establish the Center for Health Statis-tics, which shall install, maintain and oper-ate the system of vital statistics throughoutthis state in cooperation with appropriateunits of local government. The Center for

Title 36 Page 3 (2009 Edition)

432.015 PUBLIC HEALTH AND SAFETY

Health Statistics shall be responsible for theproper administration of the system of vitalstatistics and for the preservation and secu-rity of its official records.

(2) In order to promote and maintain na-tionwide uniformity in the system of vitalstatistics, the State Registrar of the Centerfor Health Statistics may refer to the 1992federal revision of the Model State VitalStatistics Act and Regulations for recom-mendations regarding the forms of certif-icates and reports required by this chapter.

(3) Each certificate, report and otherdocument required by this chapter shall beon a form or in a format prescribed by thestate registrar.

(4) All vital records shall contain thedate of filing.

(5) Information required in certificates,forms, records or reports authorized by thischapter may be filed, verified, registered andstored by photographic, electronic or othermeans as prescribed by the state registrar.[Amended by 1983 c.709 §2; 1993 c.324 §2; 1997 c.783 §2;2009 c.595 §605]

432.015 Rules. The State Registrar of theCenter for Health Statistics, under thesupervision of the Director of the OregonHealth Authority, in compliance with ORSchapter 183, shall adopt rules necessary tothe installation and efficient performance ofan adequate system of vital and public healthstatistics including rules for the return ofevidence affecting delayed certificates, or af-fecting alteration of a certificate, after thecertificate has been filed with the state reg-istrar. [Amended by 1961 c.191 §4; 1983 c.709 §3; 1997c.783 §3; 2009 c.595 §606]

432.020 State registrar; appointment.The Director of the Oregon Health Authorityshall appoint the State Registrar of the Cen-ter for Health Statistics who shall qualify inaccordance with standards of education andexperience as the director shall determine.[Amended by 1973 c.829 §34; 1983 c.709 §26; 2009 c.595§607]

432.025 Assistant state registrars. TheState Registrar of the Center for HealthStatistics, with the approval of the Directorof the Oregon Health Authority, may ap-point, when necessary, assistant state regis-trars who shall be assistants to the stateregistrar. [Amended by 1983 c.709 §27; 2009 c.595 §608]

432.030 Duties of state registrar. (1)The State Registrar of the Center for HealthStatistics shall:

(a) Under the supervision of the Directorof the Oregon Health Authority, have chargeof the Center for Health Statistics.

(b) Administer and enforce the provisionsof this chapter and the rules adopted pursu-

ant thereto for the efficient administrationof the system of vital statistics.

(c) Direct and supervise the system ofvital statistics and the Center for HealthStatistics and be custodian of its records.

(d) Direct, supervise and control the ac-tivities of all persons when they are engagedin activities pertaining to the operation ofthe system of vital statistics.

(e) Conduct training programs to promoteuniformity of policy and procedures through-out the state in matters pertaining to thesystem of vital statistics.

(f) Prescribe, furnish and distribute suchforms as are required by this chapter and therules adopted pursuant thereto or prescribeother means for transmission of data to ac-complish the purpose of complete and accu-rate reporting and registration.

(g) Prepare and publish reports of vitalstatistics of this state and such other reportsas may be required by the Oregon HealthAuthority.

(h) Provide to local health agencies suchcopies of or data derived from certificatesand reports required under this chapter asthe state registrar shall determine are nec-essary for local health planning and programactivities. The state registrar shall establisha schedule with each local health agency fortransmittal of the copies or data. The copiesor data shall remain the property of theCenter for Health Statistics and the usesthat may be made of them shall be deter-mined by the state registrar.

(i) Provide local health agencies trainingand consultation in working with healthdata.

(2) The state registrar may delegate suchfunctions and duties vested in the state reg-istrar to employees of the Center for HealthStatistics and to employees of any office es-tablished or designated under ORS 432.035.[Amended by 1975 c.605 §22; 1983 c.709 §4; 1997 c.783 §4;2009 c.595 §609]

432.035 County registrars. The StateRegistrar of the Center for Health Statisticsshall designate for each county a countyregistrar. In consultation with the state reg-istrar, the county registrar may designateone or more deputy county registrars in anycounty. So far as practical, a county healthofficial shall be designated county registrar.[Amended by 1983 c.709 §5; 1985 c.207 §3; 1997 c.783 §5]

432.040 Duties of county and localregistrars. The county and local registrarsand their deputies shall:

(1) Comply with all instructions of theState Registrar of the Center for HealthStatistics.

Title 36 Page 4 (2009 Edition)

VITAL STATISTICS 432.090

(2) Check upon the compliance by otherswith the provisions of this chapter and withthe rules of the state registrar.

(3) Make an immediate report to thestate registrar of any violation of this chap-ter or of the rules of the state registrarcoming to their notice by observation orupon complaint of any person, or otherwise.[Amended by 1983 c.709 §28]

432.045 [Amended by 1971 c.16 §1; 1983 c.709 §29;repealed by 1997 c.783 §48]

432.050 [Amended by 1983 c.709 §30; repealed by1997 c.783 §48]

432.055 [Repealed by 1973 c.829 §71]

432.060 Confidentiality and inadmissi-bility of information obtained in con-nection with epidemiologic morbidity andmortality studies; exceptions; nonliabilityof informants. (1)(a) All information pro-cured by or furnished to the Oregon HealthAuthority, any federal public health agencyor any nonprofit health agency that is ex-empt from taxation under the laws of thisstate or procured by any agency, organiza-tion or person acting jointly with or at therequest of the authority, in connection withspecial epidemiologic morbidity and mortalitystudies, is confidential, nondiscoverable andinadmissible in any proceeding and is exemptfrom disclosure under ORS 192.410 to192.505. A person communicating informationin connection with special epidemiologicmorbidity and mortality studies pursuant tothis subsection may not be examined aboutthe communication or the information.

(b) Nothing in this subsection affects theconfidentiality or admissibility into evidenceof data not otherwise confidential or privi-leged that is obtained from sources otherthan the authority.

(c) As used in this subsection, “informa-tion” includes, but is not limited to, writtenreports, notes, records, statements andstudies.

(2) The furnishing of morbidity and mor-tality information to the authority or healthagency, to its authorized representatives orto any other agency, organization or personcooperating in a special epidemiologic study,does not subject any hospital, sanitarium,rest home, nursing home or other organiza-tion or person furnishing such information toan action for damages.

(3) Subsection (1) of this section does notprevent the authority or a health agencyfrom publishing:

(a) Statistical compilations and reportsrelating to special epidemiologic morbidityand mortality studies, if such compilationsand reports do not identify individual casesand sources of information.

(b) General morbidity and mortalitystudies customarily and continuously con-ducted by the authority or health agencythat do not involve patient identification.

(4) Nothing in this section prevents dis-position of records described in subsection (1)of this section pursuant to ORS 192.105. [1961c.191 §§2,3; 1983 c.709 §31; 2005 c.342 §1; 2009 c.595 §610]

432.075 Duty to furnish information tostate registrar; immunity. (1) Any personhaving knowledge of the facts shall furnishall information the person may possess re-garding any birth, death, fetal death, inducedtermination of pregnancy, marriage, dissol-ution of marriage or suicide attempt by aperson under 18 years of age, upon demandof the State Registrar of the Center forHealth Statistics.

(2) Any person or institution that in goodfaith provides information required by thischapter or by rules adopted pursuant theretoshall not be subject to any action for civildamages. [1983 c.709 §23; 1997 c.783 §6]

432.080 Copy of vital records furnishedwithout charge for use in proceeding onwar veteran′s benefits. NotwithstandingORS 432.146, the State Registrar of the Cen-ter for Health Statistics or the county regis-trar shall furnish, without charge therefor, acertified copy of a vital record to the UnitedStates Department of Veterans Affairs, theDirector of Veterans′ Affairs or any countyservice officer appointed under ORS 408.410when the record is requested by the agencyor officer in connection with, or for use asevidence in, any proceeding involving a claimbased upon war veterans′ benefits. [1985 c.397§1; 1991 c.67 §114; 1997 c.783 §8]

Note: 432.080 and 432.085 were added to and madea part of ORS chapter 432 by legislative action but werenot added to any smaller series therein. See Preface toOregon Revised Statutes for further explanation.

432.085 Sale of birth and death certif-icate copies; rules. The Oregon Health Au-thority shall adopt, taking into considerationlocal service needs and interests, rules to al-low a county registrar to sell, within sixmonths of the date of the event occurring inthe county, certified copies of birth certif-icates and death certificates. [1985 c.397 §2; 1993c.18 §108; 1997 c.783 §9; 2009 c.595 §611]

Note: See note under 432.080.

432.090 Issuance of additional birthcertificate; fee; form; distribution offunds received. (1) In addition to the ori-ginal birth certificate, the State Registrar ofthe Center for Health Statistics shall issueupon request and upon payment of a fee inan amount set by the state registrar a birthcertificate representing that the birth of theperson named thereon is recorded in the of-fice of the state registrar. The certificate is-sued under this section shall be in a form

Title 36 Page 5 (2009 Edition)

432.095 PUBLIC HEALTH AND SAFETY

consistent with the need to protect the in-tegrity of vital records but shall be suitablefor display. It may bear the seal of the stateprinted thereon and may be signed by theGovernor. It shall have the same status asevidence as the original birth certificate.

(2) Of the funds received under subsec-tion (1) of this section, the amount needed toreimburse the state registrar for expensesincurred in administering this section shallbe credited to the Public Health Account.The remainder shall be credited to the sub-account created pursuant to section 36 (2),chapter 1084, Oregon Laws 1999, or a suc-cessor subaccount, account or fund.

(3) In setting the fee amount under sub-section (1) of this section, the state registrarshall give substantial consideration to theamount suggested by the holder of the sub-account created pursuant to section 36 (2),chapter 1084, Oregon Laws 1999, or a suc-cessor subaccount, account or fund. [1985 c.549§10; 1997 c.783 §§10,10a; 1999 c.1084 §46]

432.095 Application of chapter pro-visions. The provisions of this chapter re-garding the copying, inspection, disclosure orfurnishing of vital records and vital reportsalso apply to all certificates or reports ofbirth, death, marriage, dissolution of mar-riage, fetal death, induced termination ofpregnancy and suicide attempt by a personunder 18 years of age received prior to Oc-tober 4, 1997, by the Vital Statistics Unit orin the custody of any other custodian of vitalrecords. [1997 c.783 §44]

Note: 432.095 was added to and made a part ofORS chapter 432 by legislative action but was not addedto any smaller series therein. See Preface to OregonRevised Statutes for further explanation.

GENERAL PROVISIONS ONCERTIFICATION AND RECORDS; FEES

432.105 Procedure for transmittingand filing certificates. (1) Each local regis-trar shall promptly transmit each birth cer-tificate and each death certificate filed withthe local registrar to the county registrar.The county registrar shall maintain an ab-stract of each death certificate and may pre-pare and maintain an abstract for each birthcertificate as follows:

(a) The abstract of death shall includethe information contained on the report ofdeath card prescribed by the State Registrarof the Center for Health Statistics.

(b) The abstract of birth shall containonly the full names of the child and the par-ent or parents, sex of the child, the countyand date of birth, the residence address ofthe mother, date of filing and local file num-ber.

(2) Abstracts shall be filed and indexed inalphabetical order and safely kept by the

county registrar. [Amended by 1973 c.829 §35; 1983c.709 §32; 1997 c.783 §11]

432.110 [Repealed by 1971 c.16 §3]

432.115 Form of records and reports;status; disposition; rules. To preserve vitalrecords and vital reports, the State Registrarof the Center for Health Statistics is author-ized to prepare typewritten, photographic,electronic or other reproductions of certif-icates or reports in the Center for HealthStatistics. Such reproductions when verifiedand approved by the state registrar shall beaccepted as original records, and the docu-ments from which permanent reproductionshave been made may be disposed of as pro-vided by rule of the state registrar, rule ofthe Secretary of State and ORS 192.105.[Amended by 1983 c.709 §19; 1997 c.783 §12]

432.119 Abstracts of birth and deathcertificates as public records; limitations.(1) Abstracts of birth and death certificatesas provided in ORS 432.105 are public re-cords and open to public inspection exceptas provided in this section. The county reg-istrar shall mark the abstract of birth in amanner designated by the State Registrar ofthe Center for Health Statistics to indicatethat the record is not to be used by any per-son compiling a list for publication or abusiness contact list under the followingconditions:

(a) If a birth certificate indicates any ofthe following:

(A) The father of the child is not identi-fied.

(B) The infant dies after birth.(C) Congenital anomaly is reported.(D) Maternal disability or death is indi-

cated.(b) If the parent of the infant requests

that the record not be made available forpublication or business contact lists.

(2) The Oregon Health Authority or localhealth department, as provided in ORS431.416, may use any birth record or abstractas a source of information for activities nec-essary for the preservation of health or pre-vention of disease. [1973 c.829 §11; 1979 c.426 §1;1983 c.709 §33; 1997 c.783 §13; 2009 c.595 §612]

432.120 [Amended by 1983 c.709 §20; repealed by1997 c.783 §14 (432.121 enacted in lieu of 432.120)]

432.121 Disclosure and certification ofrecords and reports; rules. (1) To protectthe integrity of vital records and vital re-ports, to ensure their proper use and to en-sure the efficient and proper administrationof the system of vital statistics, it shall beunlawful for any person to permit inspectionof, or to disclose information from vital re-cords or vital reports in the custody of theState Registrar of the Center for HealthStatistics, county registrar or local registrar

Title 36 Page 6 (2009 Edition)

VITAL STATISTICS 432.121

or to copy or issue a copy of all or part ofany such record or report unless authorizedby this chapter and by rules adopted pursu-ant thereto or by order of a court of compe-tent jurisdiction. Rules adopted under thissection shall provide for adequate standardsof security and confidentiality of vital re-cords and vital reports. The state registrarshall adopt rules to ensure that, for recordsof dissolution of marriage issued in pro-ceedings under ORS 107.085 or 107.485, So-cial Security numbers of the parties are keptconfidential and exempt from public inspec-tion.

(2) The State Registrar of the Center forHealth Statistics shall authorize the inspec-tion, disclosure and copying of the informa-tion referred to in subsection (1) of thissection as follows:

(a) To the subject of the record; spouse,child, parent, sibling or legal guardian of thesubject of the record; an authorized repre-sentative of the subject of the record, spouse,child, parent, sibling or legal guardian of thesubject of the record; and, in the case ofdeath, marriage or divorce records, to othernext of kin.

(b) When a person demonstrates that adeath, marriage or divorce record is neededfor the determination or protection of a per-sonal or property right.

(c) When 100 years have elapsed after thedate of birth or 50 years have elapsed afterthe date of death, marriage or divorce.

(d) When the person requesting the in-formation demonstrates that the person in-tends to use the information solely forresearch purposes. In order to receive theinformation, the person must submit a writ-ten request to the state registrar requestinga research agreement. The state registrarshall issue a research agreement if the per-son demonstrates that the information willbe used only for research and will be heldconfidential. The research agreement shallprohibit the release by the person of any in-formation other than that authorized by theagreement that might identify any person orinstitution.

(e) To the federal agency responsible fornational vital statistics, upon request. Thecopies or data may be used solely for theconduct of official duties. Before furnishingthe records, reports or data, the state regis-trar shall enter into an agreement with thefederal agency indicating the statistical orresearch purposes for which the records, re-ports or data may be used. The agreementshall also set forth the support to be pro-vided by the federal agency for the col-lection, processing and transmission of therecords, reports or data. Upon written re-

quest of the federal agency, the state regis-trar may approve, in writing, additionalstatistical or research uses of the records,reports or data supplied under the agree-ment.

(f) To federal, state and local govern-mental agencies, upon request. The copies ordata may be used solely for the conduct ofofficial duties of the requesting governmentalagency.

(g) To offices of vital statistics outsidethis state when such records or other reportsrelate to residents of those jurisdictions orpersons born in those jurisdictions. Beforefurnishing the records, reports or data, thestate registrar shall enter into an agreementwith the office of vital statistics. The agree-ment shall specify the statistical and admin-istrative purposes for which the records,reports or data may be used and the agree-ment shall further provide instructions forthe proper retention and disposition of thecopies. Copies received by the Center forHealth Statistics from offices of vital statis-tics in other states shall be handled in thesame manner as prescribed in this section.

(h) To an investigator licensed underORS 703.430, upon request.

(3) The state registrar, upon request of afamily member or legal representative, shallissue a certified copy or other copy of adeath certificate containing the cause ofdeath information as provided in subsection(2) of this section or as follows:

(a) When a person has demonstratedthrough documented evidence a need for thecause of death to establish a legal right orclaim.

(b) When the request for the copy ismade by or on behalf of an organization thatprovides benefits to the decedent′s survivorsor beneficiaries.

(4) Nothing in this section prohibits therelease of information or data that would notidentify any person or institution named ina vital record or a vital report.

(5) Nothing in this section shall prohibita health care provider from disclosing infor-mation contained in the provider′s recordsas otherwise allowed by law.

(6) Nothing in this section shall be con-strued to permit disclosure of informationcontained in the “Information for Medicaland Health Use Only” section of the birthcertificate, fetal death report or the “Infor-mation for Statistical Purposes Only” sectionor other confidential section of the applica-tion, license and record of marriage or cer-tificate of divorce, unless specificallyauthorized by the state registrar for statis-tical or research purposes. The data shall notbe subject to subpoena or court order and

Title 36 Page 7 (2009 Edition)

432.122 PUBLIC HEALTH AND SAFETY

shall not be admissible before any court,tribunal or judicial body.

(7) All forms and procedures used in theissuance of certified copies of vital recordsand vital reports shall be uniform and pro-vided by or approved by the state registrar.All certified copies issued shall have securityfeatures that safeguard the document againstalteration, counterfeiting, duplication or sim-ulation without ready detection.

(8) Each copy issued shall show the dateof filing. Copies issued from records marked“Amended” shall be similarly marked andshall show the effective date of the amend-ment. Copies issued from records marked“Delayed” shall be similarly marked andshall include the date of filing and a de-scription of the evidence used to establishthe delayed certificate.

(9) Any copy issued of a certificate offoreign birth shall indicate this fact andshow the actual place of birth and the factthat the certificate is not proof of UnitedStates citizenship for an adoptive child.

(10) Appeals from decisions of the stateregistrar to refuse to disclose information orto permit inspection or copying of records asprescribed by this section and rules adoptedpursuant thereto shall be made under ORSchapter 183.

(11) The state registrar shall adopt rulesto implement this section in accordance withthe applicable sections of ORS chapter 183.

(12) Indexes of deaths, marriages or di-vorces that list names, dates of events,county of events or certificate numbers maybe disclosed. [1997 c.783 §15 (enacted in lieu of432.120); 1999 c.254 §1; 1999 c.312 §3; 2001 c.838 §23; 2003c.380 §8; 2007 c.703 §9]

432.122 Verification of birth certificateand death records; rules. To protect theintegrity of vital records and to prevent thefraudulent use of birth certificates of de-ceased persons, the State Registrar of theCenter for Health Statistics is authorized tomatch birth and death certificates, in accor-dance with rules adopted by the state regis-trar that require proof beyond a reasonabledoubt the fact of death, and to post the factsof death to the appropriate birth certificate.Copies issued from birth certificates marked“deceased” shall be similarly marked. [1983c.709 §24; 1997 c.783 §18]

432.124 Disclosure of death recordsfiled in conjunction with claims or inter-ests in land. Notwithstanding any otherprovision of law, all death records filed inconjunction with owning or having a claimor interest in land in the county that are inthe custody of a county clerk or county re-cording officer are open and subject to fulldisclosure. [1999 c.254 §7]

Note: 432.124 was added to and made a part ofORS chapter 432 by legislative action but was not addedto any smaller series therein. See Preface to OregonRevised Statutes for further explanation.

432.125 [Repealed by 1983 c.709 §45]

432.130 Compelling access to records.Any person who is refused an inspection ofany record provided for in this chapter mayproceed in the manner set forth in ORS183.480 and 183.484 to seek access to the re-cord. [Amended by 1983 c.709 §25]

432.135 [Amended by 1983 c.709 §9; renumbered432.142]

432.140 Application for delayed certif-icates. (1) When a certificate of birth of aperson born in this state has not been filedwithin one year after the date of birth, a de-layed certificate of birth may be filed in ac-cordance with rules of the State Registrar ofthe Center for Health Statistics. If a hospitalfails to file a certificate of birth within oneyear after the date of birth, a certificate ofbirth may be filed as provided by rule of thestate registrar. No delayed certificate shallbe registered until the evidentiary require-ments as specified by rule have been met.

(2) A certificate of birth registered oneyear or more after the date of birth shall beregistered on a delayed certificate of birthform and show on its face the date of filing.

(3) A summary statement of the evidencesubmitted in support of the delayed registra-tion shall be indorsed on the certificate.

(4)(a) When an applicant does not submitthe minimum documentation required by ruleof the state registrar for delayed registrationor when the state registrar has cause toquestion the validity or adequacy of the ap-plicant′s sworn statement or the documen-tary evidence, and if the deficiencies are notcorrected, the state registrar shall not regis-ter the delayed certificate of birth and shallenter an order to that effect stating the rea-sons for the action. The state registrar shalladvise the applicant of the right to appealunder ORS 183.480 to 183.484.

(b) The state registrar by rule may pro-vide for the dismissal of an application whichis not actively prosecuted. [Amended by 1983c.709 §8; 1997 c.783 §19]

432.142 Procedure when applicationfor delayed certificate denied. (1) If theState Registrar of the Center for HealthStatistics refuses to file a delayed certificateof birth under the provisions of ORS 432.140,the applicant may file a signed and swornpetition with a court of competent jurisdic-tion seeking an order establishing a recordof the date and place of birth and the par-entage of the person whose birth is to beregistered.

Title 36 Page 8 (2009 Edition)

VITAL STATISTICS 432.165

(2) The petition shall be made on a formprescribed and furnished or approved by thestate registrar and shall allege:

(a) That the person for whom a delayedcertificate of birth is sought was born in thisstate;

(b) That no certificate of birth of theperson can be found in the records of theCenter for Health Statistics;

(c) That diligent efforts by the petitionerhave failed to obtain the evidence requiredin accordance with ORS 432.140 and rulesadopted pursuant thereto;

(d) That the state registrar has refusedto file a delayed certificate of birth; and

(e) Such other allegations as may be re-quired under ORS 183.480 and 183.484.

(3) The petition shall be accompanied bya statement made in accordance with ORS432.140 and all documentary evidence whichwas submitted to the state registrar in sup-port of the filing.

(4) The court shall fix a time and placefor hearing the petition and shall give thestate registrar notice of the hearing. Thestate registrar or an authorized represen-tative may appear and testify in the proceed-ing.

(5) If the court finds, from the evidencepresented, that the person for whom a de-layed certificate of birth is sought was bornin this state, it shall make findings as to theplace and date of birth, parentage and suchother findings as may be required and shallissue an order, on a form prescribed and fur-nished or approved by the state registrar, toestablish a court-ordered certificate of birth.This order shall include the birth data to beregistered, a description of the evidence pre-sented and the date of the court′s action.

(6) The clerk of the court shall forwardeach order to the state registrar not laterthan the 10th day of the calendar month fol-lowing the month in which it was entered.The order shall be registered by the stateregistrar and shall constitute the certificateof birth. [Formerly 432.135; 1997 c.783 §20]

432.145 [Amended by 1957 c.339 §1; 1971 c.16 §2; 1979c.696 §1; 1983 c.709 §21; repealed by 1991 c.245 §1 (432.146enacted in lieu of 432.145)]

432.146 Fees. Except as provided in ORS432.090 and 432.312, subject to the review ofthe Oregon Department of AdministrativeServices, the Oregon Health Authority shallestablish all fees for services or records pro-vided under ORS 432.005 to 432.165. The feesand charges established under this sectionshall be authorized by the Legislative As-sembly for the authority′s budget, as thebudget may be modified by the EmergencyBoard. [1991 c.245 §2; 1993 c.345 §1; 1997 c.636 §2; 2009c.595 §613]

432.150 [Amended by 1957 c.185 §1; repealed by 1983c.709 §45]

432.155 [Repealed by 1979 c.696 §14]432.160 [Repealed by 1971 c.743 §432]

432.165 Death records. (1) All super-intendents or managers or other persons incharge of institutions shall keep a record ofpersonal data concerning each person admit-ted or confined to the institution. This recordshall include information as required for thecertificates of birth and death and the re-ports of fetal death and induced terminationof pregnancy required by this chapter. Therecord shall be made at the time of admissionfrom information provided by the person be-ing admitted or confined, but when it cannotbe so obtained, the information shall be ob-tained from relatives or other persons ac-quainted with the facts. The name andaddress of the person providing the informa-tion shall be a part of the record.

(2) When a dead body or fetus is releasedor disposed of by an institution, the personin charge of the institution shall keep a re-cord showing the name of the decedent, So-cial Security number, if issued, date of death,name and address of the person to whom thebody or fetus is released and the date of re-moval from the institution. If final disposi-tion is made by the institution, the date,place and manner of disposition shall also berecorded.

(3) A funeral service practitioner,embalmer, sexton or other person who re-moves from the place of death, transports ormakes final disposition of a dead body orfetus, in addition to filing any certificate orother report required by this chapter or rulesadopted pursuant thereto, shall keep a recordwhich shall identify the body, and informa-tion pertaining to receipt, removal, delivery,burial or cremation of the body as may berequired by rules adopted by the State Reg-istrar of the Center for Health Statistics.

(4) A medical examiner, physician ornurse practitioner authorized by law to signa death certificate who is notified of thedeath of a person not under the care of in-stitutions shall keep a record.

(5) Copies of records described in thissection shall be sent to the state registrar atleast monthly. Records maintained under thissection shall be retained by the institution,medical examiner, physician or nurse practi-tioner and the persons described in subsec-tion (3) of this section for a period of not lessthan two years and shall be made availablefor inspection by the state registrar or arepresentative of the state registrar upon de-mand. [Amended by 1983 c.709 §22; 1985 c.207 §4; 1997c.783 §21; 1999 c.80 §70; 2005 c.471 §4]

432.175 [Formerly 43.380; 1983 c.709 §34; 1985 c.565§71; repealed by 1997 c.783 §48]

Title 36 Page 9 (2009 Edition)

432.180 PUBLIC HEALTH AND SAFETY

432.180 Certified copies of vital re-cords or vital reports; evidentiary value;fraud or misrepresentation. (1) A certifiedcopy of a vital record or vital report or anypart thereof shall be considered for all pur-poses the same as the original and shall beprima facie evidence of the facts statedtherein. However, the evidentiary value of arecord or report filed more than one year af-ter the event, a record or report that hasbeen amended or a certificate of foreign birthshall be determined by the judicial or ad-ministrative body or official before whom therecord or report is offered as evidence.

(2) The contents, or part of the contents,and the due execution of any certificate onfile in the Center for Health Statistics maybe evidenced by a copy of the material in thecertificate, as certified by the State Registrarof the Center for Health Statistics.

(3) When the state registrar receives in-formation that a certificate may have beenregistered through fraud or misrepresen-tation, the state registrar shall withhold is-suance of any copy of that certificate. Thestate registrar shall advise the applicant ofthe right to appeal under ORS 183.480 to183.484. If fraud or misrepresentation isfound, the state registrar shall remove thecertificate from the file. The certificate andevidence shall be retained but shall not besubject to inspection or copying except uponorder of a court of competent jurisdiction orby the state registrar for purposes of admin-istering the system of vital statistics.

(4) No person may prepare or issue anycertificate that purports to be an original,certified copy or copy of a vital record or vi-tal report except as authorized in this chap-ter or rules adopted pursuant thereto. Noperson may prepare or issue any certifiedcopies of birth or death abstracts. [1997 c.783§17]

RECORDS OF BIRTHS;CERTIFICATION OF

UNRECORDED BIRTHS; VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

432.205 [Amended by 1979 c.426 §2; 1983 c.709 §6;1995 c.514 §5; repealed by 1997 c.783 §22 (432.206 enactedin lieu of 432.205)]

432.206 Compulsory registration ofbirths; rules; persons required to file. (1)A certificate of birth for each birth that oc-curs in this state shall be filed with thecounty registrar of the county in which thebirth occurred or with the Center for HealthStatistics, or as otherwise directed by theState Registrar of the Center for HealthStatistics, within five days after the birthand shall be registered if the certificate hasbeen completed and filed in accordance with

this section. Any birth certificate not con-taining the name of the father or on whichthe surname of the father is at variance withthat of the child, at the request of eitherparent, may be filed with the state registrarand not with the registrar of the county inwhich the birth occurred.

(2) When a birth occurs in an institutionor en route thereto, the person in charge ofthe institution or authorized designee shallobtain the personal data, prepare the certif-icate, certify either by signature or by anapproved electronic process that the childwas born alive at the place and time and onthe date stated and file the certificate as di-rected in subsection (1) of this section. Thephysician or other person in attendance shallprovide the medical information required bythe certificate within 72 hours after thebirth.

(3) When a birth occurs outside of an in-stitution:

(a) The certificate shall be prepared andfiled within five days after the birth by oneof the following in the indicated order ofpriority, in accordance with rules adopted bythe state registrar:

(A) The physician in attendance at thebirth or immediately after the birth, or in theabsence of such a person;

(B) The midwife in attendance at thebirth or immediately after the birth, or in theabsence of such a person;

(C) Any other person in attendance atthe birth or immediately after the birth, orin the absence of such a person; or

(D) The father, the mother or, in the ab-sence of the father and the inability of themother, the person with authority over thepremises where the birth occurred.

(b) The state registrar shall by rule de-termine what evidence shall be required toestablish the facts of birth.

(4) When a birth occurs on a movingconveyance:

(a) Within the United States and thechild is first removed from the conveyance inthis state, the birth shall be registered inthis state and the place where it is first re-moved shall be considered the place of birth.

(b) While in international waters or airspace or in a foreign country or its air spaceand the child is first removed from the con-veyance in this state, the birth shall be reg-istered in this state but the certificate shallshow the actual place of birth insofar as canbe determined.

(5) If the mother is not married at thetime of birth, the name of the father shallnot be entered on the certificate unless:

Title 36 Page 10 (2009 Edition)

VITAL STATISTICS 432.230

(a) The mother was married to andcohabiting with her husband at the time ofconception, in which case the husband′sname shall be entered on the certificate,provided that the husband was not impotentor sterile; or

(b) Both the father and mother havesigned a voluntary acknowledgment ofpaternity form that has been executed in ac-cordance with ORS 432.287 and filed with theregistrar.

(6) In the case of a child born to a mar-ried woman as a result of artificial insem-ination with the consent of her husband, thehusband′s name shall be entered on the cer-tificate.

(7) If the mother was not married at thetime of either conception or birth or betweenconception and birth, the name of the fathershall not be entered on the certificate unlessa voluntary acknowledgment of paternityform or other form prescribed under ORS432.287 signed by the mother and the personto be named as the father is filed with thestate registrar.

(8) In any case in which paternity of achild is determined by a court of competentjurisdiction, or by an administrative determi-nation of paternity, the Center for HealthStatistics shall enter the name of the fatheron the new certificate of birth. The Centerfor Health Statistics shall change the sur-name of the child if so ordered by the courtor, in a proceeding under ORS 416.430, bythe administrator as defined in ORS 25.010.

(9) If the father is not named on the cer-tificate of birth, no other information aboutthe father shall be entered on the legal por-tion of the certificate. Information pertainingto the father may be entered in the “Medicaland Confidential” section of the certificateof birth.

(10) Certificates of birth filed after fivedays, but within one year after the date ofbirth, shall be registered on the standardform of birth certificate in the manner pre-scribed in this section. The certificates shallnot be marked “Delayed.” The state registrarmay require additional evidence in supportof the facts of birth. [1997 c.783 §23 (enacted in lieuof 432.205); 1999 c.254 §2; 1999 c.840 §1; 2001 c.455 §24]

432.210 [Repealed by 1983 c.709 §45]432.215 [Amended by 1983 c.709 §35; repealed by

1997 c.783 §48]432.220 [Repealed by 1983 c.709 §45]

432.230 When new certificate issued;contents; amendment upon adoption; de-layed certificate. (1) The State Registrar ofthe Center for Health Statistics shall estab-lish a new certificate of birth for a personborn in this state when the state registrarreceives either of the following:

(a) A report of adoption as provided inORS 432.415 or a report of adoption preparedand filed in accordance with the laws of an-other state or foreign country, or a certifiedcopy of the judgment of adoption, togetherwith the information necessary to identifythe original certificate of birth and to estab-lish a new certificate of birth, except that anew certificate of birth shall not be estab-lished if so requested by the court enteringthe judgment of adoption, the adoptive par-ents or the adopted person.

(b) A request that a new certificate ofbirth be established as prescribed by rule andthe evidence required by rule of the stateregistrar proving that:

(A) The person has been legitimated;(B) A court of competent jurisdiction has

determined the paternity of the person;(C) An administrative determination of

paternity has been filed; or(D) Both parents have voluntarily ac-

knowledged the paternity of the person andrequested that the surname be changed fromthat shown on the original certificate.

(2) When a new certificate of birth is es-tablished, the actual city or county, or both,and date of birth shall be shown. The newcertificate shall be substituted for the ori-ginal certificate of birth in the files, and theoriginal certificate of birth and the evidenceof adoption, legitimation, court determinationof paternity, administrative determination ofpaternity, voluntary acknowledgment ofpaternity or other form prescribed in ORS432.287 shall not be subject to inspection ex-cept upon order of a court or as provided byrule of the state registrar.

(3) Upon receipt of a report of anamended judgment of adoption, the certif-icate of birth shall be amended as providedby rule of the state registrar.

(4) Upon receipt of a report or judgmentof annulment of adoption, the original certif-icate of birth shall be restored to its place inthe files and the adoption certificate and ev-idence shall not be subject to inspection ex-cept upon order of a court of competentjurisdiction or as provided by rule of thestate registrar.

(5) Upon written request of both parentsand receipt of a voluntary acknowledgmentof paternity form or other form prescribed inORS 432.287 signed by both parents of achild born out of wedlock, the state registrarshall issue a new certificate of birth to showsuch paternity if paternity is not alreadyshown on the certificate of birth. Such cer-tificate shall not be marked “Amended.”

(6) If no certificate of birth is on file forthe person for whom a new birth certificate

Title 36 Page 11 (2009 Edition)

432.235 PUBLIC HEALTH AND SAFETY

is to be established under this section, andthe date and place of birth have not beendetermined in the adoption or paternity pro-ceedings, a delayed certificate of birth shallbe filed with the state registrar as providedin ORS 432.140 and 432.142, before a newcertificate of birth is established. The newbirth certificate shall be prepared on the de-layed birth certificate form.

(7) When a new certificate of birth is es-tablished by the state registrar, all copies ofthe original certificate of birth in the cus-tody of any other custodian of vital recordsin this state shall be sealed from inspectionor forwarded to the state registrar as thestate registrar shall direct.

(8) The state registrar, upon request,shall prepare and register a certificate inthis state for a person born in a foreigncountry who is not a citizen of the UnitedStates and who was adopted through a courtof competent jurisdiction in this state. Thecertificate shall be established upon receiptof a report of a judgment of adoption fromthe court, proof of the date and place of theperson′s birth, and a request from the court,the adopting parents or the adopted person,if 18 years of age or over, that such a certif-icate be prepared. The certificate shall belabeled “Certificate of Foreign Birth” andshall show the actual country of birth. Astatement shall also be included on the cer-tificate indicating that it is not evidence ofUnited States citizenship for the person forwhom it is issued. After registration of thebirth certificate in the new name of theadopted person, the state registrar shall sealthe report of adoption, which shall not besubject to inspection except upon order of acourt of competent jurisdiction. [1983 c.709 §11a;1997 c.783 §24; 2003 c.576 §454]

432.235 Amendment of vital record orvital report; rules. (1) A certificate or re-port registered under this chapter may beamended only in accordance with this chap-ter and rules adopted by the State Registrarof the Center for Health Statistics to protectthe integrity and accuracy of vital recordsand vital reports.

(2) A certificate or report that isamended under this section shall indicatethat it has been amended, except as other-wise provided in ORS 432.230, this section orby rule of the state registrar. A record shallbe maintained that identifies the evidenceupon which the amendment was based, thedate of the amendment and the identity ofthe person making the amendment. The stateregistrar shall prescribe by rule the condi-tions under which additions or minor correc-tions may be made to certificates or reportswithin one year without the certificate orreport indicating that it has been amended.

(3) Upon receipt of a certified copy of anorder of a court changing the name of a per-son born in this state and upon request ofsuch person or if the person is a minor orincompetent, the parents, guardian or legalrepresentative of the person, the state regis-trar shall amend the certificate of birth toshow the new name.

(4) Upon receipt of a certified copy of anorder of a court of competent jurisdictionindicating that the sex of an individual bornin this state has been changed by surgicalprocedure and whether such individual′sname has been changed, the certificate ofbirth of such individual shall be amended asprescribed by rule of the state registrar.

(5) When an applicant does not submitthe minimum documentation required by ruleof the state registrar for amending a vitalrecord or when the state registrar has causeto question the validity or adequacy of theapplicant′s sworn statements or the docu-mentary evidence, and if the deficiencies arenot corrected, the state registrar shall notamend the vital record and shall advise theapplicant of the reason for this action andshall further advise the applicant of the rightof appeal under ORS 183.480 and 183.484.

(6) When a certificate or report isamended under this section by the state reg-istrar, the state registrar shall report theamendment to any other custodian of the vi-tal record and the record of the other custo-dian shall be amended accordingly.

(7) When an amendment is made to anapplication, license and record of marriageor to a Declaration of Domestic Partnershipby the local official issuing the marriage li-cense or registering the declaration, copiesof the amendment shall be forwarded to thestate registrar.

(8)(a) When a party or legal represen-tative proposes to set aside or change anyinformation recorded in a dissolution of mar-riage judgment or dissolution of domesticpartnership judgment filed pursuant to ORS432.408, the party or legal representativeseeking the amendment or set aside ordershall prepare a summary of the changes inthe form prescribed or furnished by the stateregistrar and shall present the form to theclerk of the court along with the proposedsupplemental judgment. In all cases thecompleted form shall be a prerequisite to theentry of the supplemental judgment.

(b) The clerk of the court shall completeand forward to the Center for Health Statis-tics the records of each such supplementaljudgment in the same manner prescribed byORS 432.408. [Formerly 432.290; 1997 c.783 §25; 2003c.576 §455; 2007 c.99 §17; 2007 c.703 §13]

Title 36 Page 12 (2009 Edition)

VITAL STATISTICS 432.287

432.240 Issuance of certified copy ofcertificate of birth to adopted persons;Contact Preference Form. (1) Upon receiptof a written application to the state regis-trar, any adopted person 21 years of age andolder born in the State of Oregon shall beissued a certified copy of his/her unaltered,original and unamended certificate of birthin the custody of the state registrar, withprocedures, filing fees, and waiting periodsidentical to those imposed upon nonadoptedcitizens of the State of Oregon pursuant toORS 432.121 and 432.146. Contains no excep-tions.

(2) A birth parent may at any time re-quest from the State Registrar of the Centerfor Health Statistics or from a voluntaryadoption registry a Contact Preference Formthat shall accompany a birth certificate is-sued under subsection (1) of this section. TheContact Preference Form shall provide thefollowing information to be completed at theoption of the birth parent:__________________________________________

(a) I would like to be contacted;(b) I would prefer to be contacted only

through an intermediary; or(c) I prefer not to be contacted at this

time. If I decide later that I would like to becontacted, I will register with the voluntaryadoption registry. I have completed an up-dated medical history and have filed it withthe voluntary adoption registry. Attached isa certificate from the voluntary adoptionregistry verifying receipt of the updatedmedical history.__________________________________________

(3) The certificate from the voluntaryadoption registry verifying receipt of an up-dated medical history under subsection (2) ofthis section shall be in a form prescribed bythe Oregon Health Authority and shall besupplied upon request of the birth parent bythe voluntary adoption registry.

(4) When the State Registrar of the Cen-ter for Health Statistics receives a completedContact Preference Form from a birth par-ent, the state registrar shall match the Con-tact Preference Form with the adoptedperson′s sealed file. The Contact PreferenceForm shall be placed in the adopted person′ssealed file when a match is made.

(5) A completed Contact Preference Formshall be confidential and shall be placed ina secure file until a match with the adoptedperson′s sealed file is made and the ContactPreference Form is placed in the adoptedperson′s file.

(6) Only those persons who are author-ized to process applications made under sub-

section (1) of this section may processContact Preference Forms. [1999 c.2; 1999 c.604§1; 2009 c.595 §614]

Note: 432.240 was adopted by the people by initi-ative petition but was not added to or made a part ofORS chapter 432 or any series therein. See Preface toOregon Revised Statutes for further explanation.

432.255 [Repealed by 1983 c.709 §45]432.260 [Amended by 1981 c.6 §1; repealed by 1983

c.709 §45]432.265 [Repealed by 1983 c.709 §45]

432.266 Commemorative Certificate ofStillbirth; rules. (1) The State Registrar ofthe Center for Health Statistics shall estab-lish a Commemorative Certificate ofStillbirth. The certificate shall be signed bythe state registrar.

(2) The state registrar shall issue aCommemorative Certificate of Stillbirth fora stillbirth occurring on or after January 1,1999, upon:

(a) Request of a biological parent of thestillborn fetus; and

(b) Payment of the fee adopted by thestate registrar by rule.

(3) The state registrar shall adopt byrule:

(a) A form for the certificate;(b) The type of information that may be

included on the form; and(c) The fee required for issuance of the

certificate.(4) A certificate issued under this section

is for commemorative purposes only and hasno legal effect. [2005 c.769 §1]

432.270 [Repealed by 1983 c.709 §45]432.275 [Repealed by 1983 c.709 §45]432.280 [Repealed by 1983 c.709 §45]

432.285 Availability of voluntary ac-knowledgment of paternity form; respon-sibility of health care facility andparents. Any health care facility as definedin ORS 442.015 shall make available to thebiological parents of any child born live, orexpected to be born within the health carefacility, a voluntary acknowledgment ofpaternity form when the facility has reasonto believe that the mother of the child isunmarried. The responsibility of the healthcare facility is limited to providing the formand submitting the form with the birth cer-tificate to the State Registrar of the Centerfor Health Statistics. The biological parentsare responsible for ensuring that the form isaccurately completed. This form shall be asprescribed by ORS 432.287. [1995 c.514 §3; 1997c.783 §26]

432.287 Voluntary acknowledgment ofpaternity form; rules; filing; when formis sworn document; copy to child supportagency. (1) The Director of the Oregon

Title 36 Page 13 (2009 Edition)

432.289 PUBLIC HEALTH AND SAFETY

Health Authority shall adopt by rule a formof a voluntary acknowledgment of paternitythat includes the minimum requirementsspecified by the United States Secretary ofHealth and Human Services. When the formis signed by both biological parents and wit-nessed by a third party, the form establishespaternity for all purposes when filed with theState Registrar of the Center for HealthStatistics, provided there is no male parentalready named on the birth certificate. Es-tablishment of paternity under this section issubject to the provisions and the require-ments in ORS 109.070. When there is noother male named as father on the child′sbirth certificate, the filing of such voluntaryacknowledgment of paternity form shallcause the state registrar to place the nameof the male parent who has signed the vol-untary acknowledgment of paternity form onthe birth certificate of the child or, if appro-priate, issue a new birth certificate contain-ing the name of the child′s male parent, asthat parent is named in the voluntary ac-knowledgment of paternity form. Whensigned by both parents in the health care fa-cility of the child′s birth within five days af-ter the birth, the voluntary acknowledgmentof paternity form is not a sworn document.When thus signed, a staff member of thehealth care facility shall witness the signa-tures of the parents. In all other circum-stances, the form is a sworn document. Thefiling of the voluntary acknowledgment ofpaternity form created by this section issubject to the payment of any fees that mayapply.

(2) The voluntary acknowledgment ofpaternity form must contain:

(a) A statement of rights and responsibil-ities including any rights afforded to a minorparent;

(b) A statement of the alternatives to andconsequences of signing the acknowledg-ment;

(c) Instructions on how to file the formwith the state registrar and informationabout any fee required;

(d) Lines for the Social Security numbersand addresses of the parents; and

(e) A statement that the rights, responsi-bilities, alternatives and consequences listedon the acknowledgment were read to theparties prior to signing the acknowledgment.

(3) Upon request, the state registrar shallprovide a copy of any voluntary acknowledg-ment of paternity form to the state agencyresponsible for administration of the childsupport enforcement program created underTitle IV-D of the Social Security Act. Theduty imposed upon the state registrar by thissection is limited to birth certificates exe-

cuted and filed with the state registrar afterOctober 1, 1995. [1995 c.514 §4; 1997 c.783 §27; 1999c.80 §21; 2009 c.595 §615]

432.289 Full faith and credit. A deter-mination of paternity by another state is en-titled to full faith and credit. [1995 c.514 §4a]

432.290 [1981 c.221 §3; 1983 c.709 §18; 1995 c.514 §6;renumbered 432.235 in 1995]

DETERMINATION OF DEATH432.300 Determination of death. (1) A

person is dead if the person has sustainedeither:

(a) Irreversible cessation of circulatoryand respiratory functions; or

(b) Irreversible cessation of all functionsof the entire brain, including the brain stem.

(2) A determination of whether the con-ditions described in subsection (1)(a) or (b)of this section have occurred must be madein accordance with accepted medical stan-dards.

(3) For purposes of this section as it re-lates to fetal death, heartbeats shall be dis-tinguished from transient cardiaccontractions and breathing shall be distin-guished from fleeting respiratory efforts orgasps.

(4) This section may be cited as the Uni-form Determination of Death Act. [1987 c.517§2 (enacted in lieu of 146.001); 1997 c.783 §28]

432.305 [Repealed by 1963 c.200 §6]

DEATH CERTIFICATES; BURIAL PERMITS

432.307 Compulsory filing of deathcertificates; persons required to file. (1)A certificate of death for each death thatoccurs in this state shall be submitted to thecounty registrar of the county in which thedeath occurred or to the Center for HealthStatistics, or as otherwise directed by theState Registrar of the Center for HealthStatistics, within five days after death or thefinding of a dead body and prior to final dis-position, and shall be registered if it hasbeen completed and filed in accordance withthis section.

(a) If the place of death is unknown, butthe dead body is found in this state, the cer-tificate of death shall be completed and filedin accordance with this section. The placewhere the body is found shall be shown asthe place of death. If the date of death isunknown, it shall be determined by approxi-mation. If the date cannot be determined byapproximation, the date the dead body isfound shall be entered and identified as thedate of death.

(b) When death occurs in a moving con-veyance:

Title 36 Page 14 (2009 Edition)

VITAL STATISTICS 432.307

(A) In the United States and the body isfirst removed from the conveyance in thisstate, the death shall be registered in thisstate and the place where it is first removedshall be considered the place of death.

(B) While in international waters or airspace or in a foreign country or its air spaceand the body is first removed from the con-veyance in this state, the death shall be reg-istered in this state but the certificate shallshow the actual place of death insofar as canbe determined.

(c) In all other cases, the place wheredeath is pronounced shall be considered theplace where death occurred.

(2) The funeral service practitioner orperson acting as a funeral service practi-tioner who first assumes custody of the deadbody shall submit the certificate of death.The funeral service practitioner or personacting as a funeral service practitioner shallobtain the personal data from the next of kinor the best qualified person or source avail-able and shall obtain the medical certifica-tion from the person responsible therefor.The funeral service practitioner or personacting as a funeral service practitioner shallprovide the certificate of death containinginformation as specified by rule to identifythe decedent to the certifier within 48 hoursafter death.

(3) The physician, physician assistantpracticing under the supervision of a personlicensed to practice medicine under ORSchapter 677 or certified nurse practitioner, incharge of the care of the patient for the ill-ness or condition that resulted in death shallcomplete, sign and return the medical certi-fication of death to the funeral service prac-titioner or person acting as a funeral servicepractitioner within 48 hours after receipt ofthe certificate of death by the physician,physician assistant or nurse practitioner, ex-cept when inquiry is required by ORS chap-ter 146. In the absence or inability of thephysician, physician assistant or nurse prac-titioner, or with the approval of the physi-cian, the medical certification of death maybe completed by an associate physician, thechief medical officer of the institution inwhich death occurred or the physician whoperformed an autopsy upon the decedent,provided that the individual has access to themedical history of the case and death is dueto natural causes. The person completing themedical certification of death shall attest toits accuracy either by signature or by an ap-proved electronic process.

(4) When inquiry is required by ORSchapter 146, the medical examiner shall de-termine the cause of death and shall com-plete and sign the medical certification of

death within 48 hours after taking charge ofthe case.

(5) If the cause of death cannot be deter-mined within the time prescribed, the med-ical certification of death shall be completedas provided by rule of the state registrar.The attending physician, physician assistantpracticing under the supervision of a personlicensed to practice medicine under ORSchapter 677, nurse practitioner or medicalexaminer shall give the funeral service prac-titioner or person acting as a funeral servicepractitioner notice of the reason for the de-lay, and final disposition of the body shallnot be made until authorized by the attend-ing physician, physician assistant, nursepractitioner or medical examiner.

(6) Upon receipt of autopsy results orother information that would change the in-formation in the “Cause of Death” section ofthe certificate of death from that originallyreported, the certifier shall immediately filea supplemental report of cause of death withthe Center for Health Statistics to amend thecertificate.

(7) When a death is presumed to haveoccurred within this state but the body can-not be located, a certificate of death may beregistered by the state registrar only uponreceipt from the State Medical Examiner.Such a death certificate shall be marked“Presumptive” and shall show on its face thedate of registration.

(8) When a death occurring in this statehas not been registered within the time pe-riod prescribed by this section, a certificateof death may be filed in accordance withrules of the state registrar. The certificateshall be registered subject to evidentiary re-quirements as the state registrar by ruleshall prescribe to substantiate the allegedfacts of death.

(9) A certificate of death registered oneyear or more after the date of death or thedate the dead body was found shall bemarked “Delayed” and shall show on its facethe date of the delayed registration.

(10) When an applicant does not submitthe minimum documentation required by ruleof the state registrar for delayed registrationor when the state registrar has cause toquestion the validity or adequacy of the ap-plicant′s sworn statement or the documen-tary evidence and if the deficiencies are notcorrected, the state registrar shall not regis-ter the delayed certificate of death and shalladvise the applicant of the right of appealunder ORS 183.480 to 183.484.

(11) A certificate of death required to befiled under this section shall contain the So-cial Security number of the decedent when-ever the Social Security number is

Title 36 Page 15 (2009 Edition)

432.312 PUBLIC HEALTH AND SAFETY

reasonably available from other records con-cerning the decedent or can be obtained fromthe person in charge of the final dispositionof the decedent. [1963 c.200 §2; 1965 c.221 §26; 1977c.582 §33; 1983 c.709 §12; 1985 c.207 §5; 1997 c.783 §29;1999 c.80 §71; 1999 c.724 §1; 2001 c.357 §2; 2003 c.104 §3]

432.310 [Amended by 1959 c.629 §32; repealed by1963 c.200 §6]

432.312 Death certificate fee; use; lim-itation. (1) The Oregon Health Authorityshall impose and collect a filing fee of $20 foreach certificate of death. Of the fee, $6 shallbe deposited to the credit of the PublicHealth Account and used to carry out thepurposes of ORS 97.170 (6) and $14 shall bedeposited to the credit of the State Mortuaryand Cemetery Board Account and used in thesame manner as funds credited to the ac-count under ORS 692.375.

(2) The expenditures under ORS 97.170(6) and 692.375 may not exceed the fundscollected under subsection (1) of this section,and in no event may expenditure on the ad-ministration of the funds exceed five percentof the moneys collected. [1993 c.345 §3; 1997 c.783§30; 2005 c.726 §3; 2009 c.132 §1; 2009 c.595 §616; 2009c.709 §16]

432.315 [Amended by 1959 c.629 §33; repealed by1963 c.200 §6]

432.317 Report upon receipt of body orfetus; authorization for final disposition;rules. (1) The funeral service practitioner orperson acting as a funeral service practi-tioner who first assumes possession of a deadbody or fetus shall make a written report tothe county registrar in the county in whichdeath occurred or in which the body or fetuswas found within 24 hours after taking pos-session of the body or fetus. The report shallbe on a form prescribed and furnished by theState Registrar of the Center for HealthStatistics and in accordance with rulesadopted by the Oregon Health Authority.

(2) Prior to final disposition of the body,the funeral service practitioner or personacting as a funeral service practitioner whofirst assumes custody of a dead body shall,prior to final disposition of the body, obtainwritten authorization for final disposition ofthe body from the physician, physician assis-tant practicing under the supervision of aperson licensed to practice medicine underORS chapter 677, certified nurse practitioneror medical examiner who certifies the causeof death as provided in ORS 432.307 (3) on aform prescribed and furnished by the stateregistrar. If the funeral service practitioneror person acting as a funeral service practi-tioner is unable to obtain such written au-thorization prior to final disposition of thebody, the practitioner or person, with theoral consent of the physician, the physicianassistant, the nurse practitioner, the medicalexaminer or a licensed health professional

authorized to give such consent on behalf ofthe physician or medical examiner who isresponsible for certifying the cause of death,may authorize final disposition of the bodyon a form prescribed and furnished by thestate registrar.

(3) Prior to final disposition of a fetus,irrespective of the duration of pregnancy, thefuneral service practitioner, the person incharge of the institution or other person as-suming responsibility for final disposition ofthe fetus shall authorize final disposition ofthe fetus on a form prescribed and furnishedor approved by the state registrar.

(4) With the consent of the physician,physician assistant practicing under thesupervision of a person licensed to practicemedicine under ORS chapter 677, nursepractitioner or medical examiner who is tocertify the cause of death, a dead body maybe moved from the place of death for thepurpose of being prepared for final disposi-tion.

(5) An authorization for final dispositionissued under the laws of another state whichaccompanies a dead body or fetus broughtinto this state shall be authority for finaldisposition of the body or fetus in this state.Permits for transporting a body or fetus outof another state issued under the laws of an-other state shall be authority for transport-ing a body or fetus into Oregon.

(6) No sexton or other person in chargeof any place in which interment or otherdisposition of dead bodies is made shall interor allow interment or other disposition of adead body or fetus unless it is accompaniedby authorization for final disposition.

(7) Each person in charge of any placefor final disposition shall include in the au-thorization the date of disposition and shallcomplete and return all authorizations to thecounty registrar within 10 days after thedate of the disposition. When there is noperson in charge of the place for final dispo-sition, a responsible party other than the fu-neral service practitioner or person actingas a funeral service practitioner shall com-plete and return the authorization to thecounty registrar within 10 days after thedate of disposition.

(8) Authorization for disinterment andreinterment shall be required prior todisinterment of a dead body or fetus. Theauthorization shall be issued by the stateregistrar to a licensed funeral service practi-tioner or person acting as a funeral servicepractitioner, upon proper application.

(9) Prior to removing a dead body orfetus from the State of Oregon under ORS692.270, a person acting as a funeral servicepractitioner as defined in ORS 432.005 (11)(b)

Title 36 Page 16 (2009 Edition)

VITAL STATISTICS 432.405

shall submit a written notice of removal tothe county registrar in the county in whichdeath occurred or in which the body or fetuswas found. The notice shall be on a formprescribed and furnished by the State Regis-trar of the Center for Health Statistics andin accordance with rules adopted by the Or-egon Health Authority. A copy of the writtennotice of removal shall serve as a transitpermit for the remains of the decedentnamed on the notice. [1963 c.200 §3; 1983 c.709 §16;1985 c.207 §6; 1987 c.252 §9; 1989 c.669 §2; 1997 c.783 §31;1999 c.724 §4; 2001 c.357 §3; 2003 c.104 §4; 2009 c.595 §617]

432.320 [Repealed by 1963 c.200 §6]432.325 [Repealed by 1963 c.200 §6]

432.327 Extensions on certificates, re-ports and permits; rules. Upon such con-ditions as the State Registrar of the Centerfor Health Statistics may prescribe to ensurecompliance with the purposes of this chapter,by rule the state registrar may provide forthe extension, not to exceed 60 days, of theperiods prescribed in ORS 432.307 and432.317 for the filing of certificates of deathand fetal death reports, medical certificationsof death, and for the obtaining of permits fordisposition of human remains in cases wherecompliance with the applicable prescribedperiod would result in undue hardship. [1963c.200 §4; 1983 c.709 §36; 1997 c.783 §32]

432.330 [Repealed by 1963 c.200 §6]

432.333 Reports on fetal deaths. (1)Each fetal death of 350 grams or more, or, ifweight is unknown, of 20 completed weeksgestation or more, calculated from the datelast normal menstrual period began to thedate of delivery, that occurs in this stateshall be reported within five days after de-livery to the county registrar of the countyin which the fetal death occurred or to theCenter for Health Statistics or as otherwisedirected by the State Registrar of the Centerfor Health Statistics. All induced termi-nations of pregnancy shall be reported in themanner prescribed in ORS 435.496 and shallnot be reported as fetal deaths.

(2) When a fetus is delivered in an insti-tution, the person in charge of the institu-tion or a designated representative shallprepare and file the report.

(3) When a fetus is delivered outside aninstitution, the physician in attendance at orimmediately after delivery shall prepare andfile the report.

(4) When a fetal death required to be re-ported by this section occurs without attend-ance by a physician at or immediately afterthe delivery or when inquiry is required byORS 146.003 to 146.189 and 146.710 to146.992, the medical examiner shall investi-gate the cause of fetal death and shall pre-pare and file the report.

(5) When a fetal death occurs in a mov-ing conveyance and the fetus is first removedfrom the conveyance in this state or when afetus is found in this state and the place offetal death is unknown, the fetal death shallbe reported in this state. The place wherethe fetus was first removed from the convey-ance or the fetus was found shall be consid-ered the place of fetal death.

(6) All information regarding the fathershall be entered on the fetal death report ifthe father is identified. [1983 c.709 §13; 1989 c.171§54; 1997 c.783 §33]

432.335 [Repealed by 1963 c.200 §6]

432.337 Status of reports under ORS435.496; rules. The reports required underORS 435.496 are statistical reports to be usedonly for medical and health purposes andshall not be incorporated into the permanentofficial records of the system of vital statis-tics. A schedule for the disposition of thesereports may be provided by rule of the StateRegistrar of the Center for Health Statistics.[1983 c.709 §15; 1997 c.783 §34]

432.340 [Repealed by 1963 c.200 §6]432.345 [Repealed by 1983 c.709 §45]

RECORDS OF MARRIAGES, DOMESTIC PARTNERSHIPS,

DIVORCES, ADOPTIONS, ANNULMENTS AND

CERTAIN BIRTHS432.405 Filing of marriage record or

domestic partnership registration; rules.(1) A record of each marriage performed anddomestic partnership registered in this stateshall be filed with the Center for HealthStatistics and shall be registered if it hasbeen completed and filed in accordance withthis section and rules adopted by the StateRegistrar of the Center for Health Statistics.

(2) The county clerk or county officialwho issues the marriage license or registersthe Declaration of Domestic Partnershipshall prepare the record in the form pre-scribed or furnished by the state registrarupon the basis of information obtained fromthe parties.

(3) Each person who performs a marriageceremony shall certify the fact of marriageand return the record to the official who is-sued the license within 10 days after theceremony.

(4) Every official issuing marriage li-censes or registering Declarations of Domes-tic Partnership shall complete and forwardto the Center for Health Statistics on or be-fore the 10th day of each calendar month therecords of marriages returned to such officialduring the preceding calendar month and therecords of Declarations of Domestic Partner-

Title 36 Page 17 (2009 Edition)

432.408 PUBLIC HEALTH AND SAFETY

ship registered during the preceding calendarmonth.

(5) A marriage or domestic partnershiprecord not filed within the time prescribedby this section may be registered in accor-dance with rules adopted by the state regis-trar. [Amended by 1983 c.709 §17; 1997 c.783 §35; 2007c.99 §18]

432.408 Record of dissolution of mar-riage judgment or dissolution of domesticpartnership judgment; rules. (1) A recordof each dissolution of marriage judgment ordissolution of domestic partnership judgmentby any court in this state shall be filed bythe clerk of the court with the Center forHealth Statistics and shall be registered if ithas been completed and filed in accordancewith this section. The record shall be pre-pared by the petitioner or a legal represen-tative of the petitioner in the form prescribedor furnished by the State Registrar of theCenter for Health Statistics and shall bepresented to the clerk of the court with thepetition. In all cases the completed recordshall be prerequisite to the entry of thejudgment. The state registrar shall designthe record so that, for judgments or ordersissued in proceedings under ORS 107.085 or107.485, the state registrar, county clerks,county recording officers and state courtsmay keep Social Security numbers confiden-tial and exempt from public inspection.

(2) The clerk of the court shall completeand forward to the Center for Health Statis-tics on or before the 10th day of each calen-dar month the records of each dissolution ofmarriage judgment or dissolution of domesticpartnership judgment granted during thepreceding calendar month. The clerk shallcomply with procedures established underORS 107.840 to ensure that, in the recordscompleted and forwarded under this subsec-tion, the Social Security numbers of partiesto a proceeding under ORS 107.085 or 107.485are kept confidential and exempt from publicinspection.

(3) A dissolution of marriage record ordissolution of domestic partnership recordnot filed within the time prescribed by sub-section (2) of this section may be registeredin accordance with rules adopted by the stateregistrar. [1997 c.783 §37; 2003 c.380 §9; 2003 c.576§456a; 2007 c.99 §19]

432.410 [Repealed by 1959 c.430 §5]

432.412 Marriage and divorce recordssubject to full disclosure; exemption. (1)Except as provided in subsection (2) of thissection, notwithstanding any other provisionof law, all marriage records and all divorcerecords in the custody of a county clerk orcounty recording officer and all divorce re-cords in the custody of the state courts areopen and subject to full disclosure.

(2) Divorce records in the custody of thestate courts shall be completed and main-tained in accordance with procedures estab-lished under ORS 107.840 to ensure that theSocial Security numbers of parties to pro-ceedings under ORS 107.085 and 107.485 arekept confidential and exempt from public in-spection. [1999 c.254 §6; 2003 c.380 §10]

432.415 Reports on adoptions. (1) Foreach judgment of adoption entered by a courtin this state, the court shall require thepreparation of a report of adoption on a formprescribed and furnished by the State Regis-trar of the Center for Health Statistics. Thereport shall:

(a) Include such facts as are necessary tolocate and identify the certificate of birth ofthe person adopted or, in the case of a per-son who was born in a foreign country, evi-dence from sources determined to be reliableby the court as to the date and place of birthof the person;

(b) Provide information necessary to es-tablish a new certificate of birth of the per-son adopted; and

(c) Identify the order of adoption and becertified by the clerk of the court.

(2) Information necessary to prepare thereport of adoption shall be furnished by eachpetitioner for adoption or the attorney of thepetitioner. The Department of Human Ser-vices or any person having knowledge of thefacts shall supply the court with such addi-tional information as may be necessary tocomplete the report of adoption. The pro-vision of such information shall be prerequi-site to the issuance of a judgment ofadoption.

(3) Whenever an adoption judgment isamended or annulled, the clerk of the courtshall prepare a report thereof, which shallinclude such facts as are necessary to iden-tify the original adoption report and the factsamended in the adoption judgment as shallbe necessary to properly amend the birth re-cord.

(4) Not later than the 10th day of eachcalendar month or more frequently, as di-rected by the state registrar, the clerk of thecourt shall forward to the state registrar re-ports of adoption, reports of annulment ofadoption and amendments of judgments ofadoption that were entered in the precedingmonth, together with such related reports asthe state registrar shall require.

(5) When the state registrar receives areport of adoption, report of annulment ofadoption or amendment of a judgment ofadoption for a person born outside this state,the state registrar shall forward such reportto the state registrar in the state of birth.

Title 36 Page 18 (2009 Edition)

VITAL STATISTICS 432.510

(6) If the birth occurred in a foreigncountry, except Canada, and the person isnot a citizen of the United States at the timeof birth, the state registrar shall prepare acertificate of foreign birth as provided byORS 432.230. If the person was born inCanada, the state registrar shall forward thereport of adoption, report of annulment ofadoption or amendment of a judgment ofadoption to the appropriate registration au-thority in Canada.

(7) If the person was born in a foreigncountry but was a citizen of the UnitedStates at the time of birth, the state registrarshall not prepare a certificate of foreignbirth and shall notify the adoptive parentsof the procedures for obtaining a revisedbirth certificate for the person through theUnited States Department of State. [Amendedby 1959 c.430 §2; 1983 c.709 §10; 1997 c.783 §38; 2003 c.576§457]

432.420 Access to adoption records.The documents forwarded to the State Reg-istrar of the Center for Health Statistics orsealed under ORS 432.230 may be opened bythe state registrar only upon an order of anOregon court of competent jurisdiction orwhen requested by an agency operating avoluntary adoption registry as defined inORS 109.425 for the purpose of facilitatingthe identification of persons registering un-der the provisions of ORS 109.425 and 109.435to 109.507. [Amended by 1957 c.193 §1; 1983 c.672 §18;1995 c.79 §221; 1995 c.730 §11; 1997 c.783 §39; 1999 c.254§3]

432.425 [Amended by 1955 c.680 §1; repealed by 1983c.709 §45]

432.430 Duty to report on child of un-known parentage; rules. (1) A person whoassumes the custody of a child of unknownparentage shall report on a form and in amanner prescribed by the State Registrar ofthe Center for Health Statistics, within fivedays of assuming custody, to the state regis-trar the following information:

(a) The date and the city or county, orboth, where the child was found.

(b) Sex and approximate birth date ofchild.

(c) Name and address of the person orinstitution with whom the child has beenplaced for care.

(d) Name given to the child by thecustodian of the child.

(e) Other data required by the state reg-istrar.

(2) The place where the child was foundshall be entered as the place of birth.

(3) The report registered under this sec-tion shall constitute the certificate of birthfor the child.

(4) If the child is identified and a certif-icate of birth is found or obtained, the reportregistered under this section shall be placedin a sealed file and shall not be subject toinspection except upon order of a court ofcompetent jurisdiction or as provided by ruleof the state registrar. [Amended by 1983 c.709 §7;1997 c.783 §40]

CANCER AND TUMOR REGISTRYSYSTEM

432.500 Definitions. As used in ORS432.510 to 432.550 and 432.900:

(1) “Clinical laboratory” means a facilitywhere microbiological, serological, chemical,hematological, immunohematological, immu-nological, toxicological, cytogenetical, exfo-liative cytological, histological, pathologicalor other examinations are performed on ma-terial derived from the human body, for thepurpose of diagnosis, prevention of diseaseor treatment of patients by physicians, den-tists and other persons who are authorizedby license to diagnose or treat humans.

(2) “Department” means the Departmentof Human Services or its authorized repre-sentative.

(3) “Health care facility” means a hospi-tal, as defined in ORS 442.015, or an ambu-latory surgical center, as defined in ORS442.015.

(4) “Practitioner” means any personwhose professional license allows the personto diagnose or treat cancer in patients. [1995c.585 §1; 2001 c.104 §154; 2003 c.14 §243; 2003 c.269 §1;2009 c.595 §618; 2009 c.792 §35]

Note: 432.500 to 432.570 and 432.900 were enactedinto law by the Legislative Assembly but were notadded to or made a part of ORS chapter 432 or any se-ries therein by legislative action. See Preface to OregonRevised Statutes for further explanation.

432.510 Cancer and tumor registrysystem; purpose; rulemaking; duties ofOregon Health Authority. (1) The OregonHealth Authority shall establish a uniform,statewide, population-based registry systemfor the collection of information determiningthe incidence of cancer and benign tumorsof the brain and central nervous system andrelated data. The purpose of the registryshall be to provide information to design,target, monitor, facilitate and evaluate ef-forts to determine the causes or sources ofcancer and benign tumors among the resi-dents of Oregon and to reduce the burden ofcancer and benign tumors in Oregon. Suchefforts may include but are not limited to:

(a) Targeting populations in need of can-cer screening services or evaluating screen-ing or other cancer control services;

(b) Supporting the operation of hospitalregistries in monitoring and upgrading the

Title 36 Page 19 (2009 Edition)

432.520 PUBLIC HEALTH AND SAFETY

care and the end results of treatment forcancer and benign tumors;

(c) Investigating suspected clusters orexcesses of cancer and benign tumors both inoccupational settings and in the state′s envi-ronment generally;

(d) Conducting studies to identify cancerhazards to the public health and cancer haz-ard remedies; and

(e) Projecting the benefits or costs of al-ternative policies regarding the preventionor treatment of cancer and benign tumors.

(2) The authority shall adopt rules nec-essary to carry out the purposes of ORS432.510 to 432.550 and 432.900, including butnot limited to designating which types ofcancer and benign tumors of the brain andcentral nervous system are reportable to thestatewide registry, the data to be reported,the data reporting standards and format andthe effective date after which reporting byhealth care facilities, clinical laboratoriesand practitioners shall be required. Whenadopting rules under this subsection, the au-thority shall, to the greatest extent practica-ble, conform the rules to the standards andprocedures established by the American Col-lege of Surgeons Commission on Cancer,with the goal of achieving uniformity in thecollection and reporting of data.

(3) The authority shall:(a) Conduct a program of epidemiologic

analyses of registry data collected undersubsection (1) of this section to assess con-trol, prevention, treatment and causation ofcancer and benign tumors in Oregon; and

(b) Utilize the data to promote, facilitateand evaluate programs designed to reducethe burden of cancer and benign tumorsamong the residents of Oregon.

(4) The authority shall:(a) Collaborate in studies of cancer and

benign tumors with clinicians andepidemiologists and publish reports on theresults of such studies; and

(b) Cooperate with the National Insti-tutes of Health and the Centers for DiseaseControl and Prevention in providing inci-dence data for cancer and benign tumors.

(5) The authority shall establish a train-ing program for the personnel of participat-ing health care facilities and a qualitycontrol program for data for cancer and be-nign tumors reported to the state registry.[1995 c.585 §2; 2003 c.269 §2; 2007 c.71 §121; 2009 c.595§619]

Note: See note under 432.500.

432.520 Reporting requirement; reviewof records; special studies. (1) Except asprovided in subsection (2) of this section, anyhealth care facility in which patients are di-

agnosed or provided treatment for cancer orbenign tumors of the brain and central nerv-ous system shall report each case of canceror benign tumors of the brain and centralnervous system to the Oregon Health Au-thority within a time period and in a formatprescribed by the authority. The authorityshall provide, at cost, reporting services toany health care facility at the option of thehealth care facility. Health care facilitiesmay also purchase reporting services fromanother facility or commercial vendor. If ahealth care facility is unable to report inconformance with the format and standardsprescribed by the authority, the authoritymay, after consultation with the health carefacility, elect to activate its reporting servicefor the facility. When activated, the author-ity may enter the facility, obtain the infor-mation and report it in conformance with theappropriate format and standards. In theseinstances, the facility shall reimburse theauthority or its authorized representative forthe cost of obtaining and reporting the in-formation.

(2) Upon application to the authority bya health care facility, the authority shallgrant to the health care facility an extensionof time in which to meet the reporting re-quirements of this section. In no event shallthe extension of time exceed two years fromthe date of application.

(3) Any practitioner diagnosing or pro-viding treatment to patients with cancer orbenign tumors of the brain and central nerv-ous system shall report each case to the au-thority or its authorized representativewithin a time period and in a format pre-scribed by the authority. Those cases diag-nosed or treated at an Oregon health carefacility or previously admitted to an Oregonhealth care facility for diagnosis or treat-ment of that instance of cancer or benigntumors of the brain and central nervous sys-tem shall be considered by the authority tohave been reported by the health care prac-titioner.

(4) Any clinical laboratory diagnosingcases of cancer or benign tumors of the brainand central nervous system shall report eachcase to the authority or its authorized repre-sentative within a time period and in a for-mat prescribed by the authority.

(5) For the purpose of assuring the accu-racy and completeness of reported data, theauthority shall have the right to periodicallyreview all records that would:

(a) Identify cases of cancer and benigntumors, the treatment of the cancer or be-nign tumors or the medical status of any pa-tient identified as being treated for canceror benign tumors; or

Title 36 Page 20 (2009 Edition)

VITAL STATISTICS 432.900

(b) Establish characteristics of the canceror benign tumors.

(6) The authority may conduct specialstudies of cancer morbidity and mortality.As part of such studies, registry personnelmay obtain additional information that ap-plies to a patient′s cancer or benign tumorsand that may be in the medical record of thepatient. The record holder may either pro-vide the requested information to the regis-try personnel or provide the registrypersonnel access to the relevant portions ofthe patient′s medical record. Neither the au-thority nor the record holder shall bill theother for the cost of providing or obtainingthis information. [1995 c.585 §3; 2003 c.269 §3; 2009c.595 §620]

Note: See note under 432.500.

432.530 Confidentiality of information.(1) All identifying information regarding in-dividual patients, health care facilities andpractitioners reported pursuant to ORS432.520 shall be confidential and privileged.Except as required in connection with theadministration or enforcement of publichealth laws or rules, no public health offi-cial, employee or agent shall be examined inan administrative or judicial proceeding asto the existence or contents of data collectedunder the registry system for cancer and be-nign tumors of the brain and central nervoussystem.

(2) All additional information reported inconnection with a special study shall beconfidential and privileged and shall be usedsolely for the purposes of the study, as pro-vided by ORS 432.060. Nothing in this sec-tion shall prevent the Oregon HealthAuthority from publishing statistical compi-lations relating to morbidity and mortalitystudies that do not identify individual casesor prevent use of this data by third partiesto conduct research as provided by ORS432.540 (1). [1995 c.585 §5; 2003 c.269 §4; 2009 c.595§621]

Note: See note under 432.500.

432.540 Use of confidential data; rules.(1) The Oregon Health Authority shall adoptrules under which confidential data may beused by third parties to conduct research andstudies for the public good. Research andstudies conducted using confidential datafrom the statewide registry must be reviewedand approved by the Committee for the Pro-tection of Human Research Subjects estab-lished in accordance with 45 C.F.R. 46.

(2) The authority may enter into agree-ments to exchange information with otherregistries for cancer and benign tumors ofthe brain and central nervous system in or-der to obtain complete reports of Oregonresidents diagnosed or treated in other statesand to provide information to other states

regarding the residents of other states diag-nosed or treated in Oregon. Prior to provid-ing information to any other registry, theauthority shall ensure that the recipientregistry has comparable confidentiality pro-tections. [1995 c.585 §6; 2003 c.269 §6; 2009 c.595 §622]

Note: See note under 432.500.

432.550 Action for damages; license;disciplinary action prohibited for goodfaith participation in reporting of data.(1) No action for damages arising from thedisclosure of confidential or privileged infor-mation may be maintained against any per-son, or the employer or employee of anyperson, who participates in good faith in thereporting of registry data for cancer or be-nign tumors of the brain and central nervoussystem or data for cancer morbidity or mor-tality studies in accordance with ORS432.510 to 432.540 and 432.900.

(2) No license of a health care facility orpractitioner may be denied, suspended or re-voked for the good faith disclosure of confi-dential or privileged information in thereporting of registry data for cancer or be-nign tumors of the brain and central nervoussystem or data for cancer morbidity or mor-tality studies in accordance with ORS432.510 to 432.540 and 432.900.

(3) Nothing in this section shall be con-strued to apply to the unauthorized disclo-sure of confidential or privileged informationwhen such disclosure is due to gross negli-gence or willful misconduct. [1995 c.585 §7; 2003c.269 §5]

Note: See note under 432.500.432.560 [1995 c.585 §8; repealed by 2001 c.900 §261]

432.570 No requirement or prohibitionregarding operation of separate cancerand tumor registry. Nothing in ORS432.510 to 432.550 and 432.900 shall prohibita health care facility from operating its ownregistry for cancer and benign tumors of thebrain and central nervous system or requirea health care facility to operate its own reg-istry for cancer and benign tumors. [1995 c.585§9; 2003 c.269 §7]

Note: See note under 432.500.

PENALTIES432.900 Civil penalty. (1) In addition to

any other liability or penalty provided bylaw, the Director of the Oregon Health Au-thority may impose a civil penalty on anyperson for willful failure to comply with anypart of ORS 432.520. A civil penalty may beimposed against a health care facility foreach day compliance is refused. The penaltyshall be $50 per day for the first 30 days and$500 per day thereafter. A civil penalty of$50 may be imposed against a practitioner foreach day compliance is refused.

Title 36 Page 21 (2009 Edition)

432.993 PUBLIC HEALTH AND SAFETY

(2) Any fines collected pursuant to sub-section (1) of this section shall be paid intothe State Treasury and deposited in theGeneral Fund.

(3) Civil penalties described in subsection(1) of this section shall be imposed in themanner provided in ORS 183.745. [1995 c.585§4; 2009 c.595 §623]

Note: See note under 432.500.432.990 [Amended by 1963 c.200 §5; 1971 c.743 §369;

repealed by 1997 c.783 §48]

432.993 Unlawful use of vital recordor vital report; criminal penalty. (1) Aperson commits the crime of unlawful use ofa vital record or vital report if the personwillfully and knowingly:

(a) Makes any false statement in a cer-tificate, record or report required by thischapter or in an application for an amend-ment thereof, or in an application for a cer-tified copy of a vital record or vital report,or supplies false information intending thatthe information be used in the preparationof any certificate, record or report, oramendment thereto;

(b) Without lawful authority and withintent to deceive, makes, counterfeits, alters,amends or mutilates any certificate, recordor report required by this chapter or a certi-fied copy of a certificate, record or report;

(c) Obtains, possesses, uses, sells, fur-nishes or attempts to obtain, possess, use,sell or furnish to another, for any purpose ofdeception, any certificate, record or reportrequired by this chapter or certified copythereof so made, counterfeited, altered,amended or mutilated, or that is false inwhole or in part or that relates to the birth

of another person, whether living or de-ceased;

(d) Without lawful authority, possessesany certificate, record or report required bythis chapter or a copy or certified copy of acertificate, record or report that has beenstolen or otherwise unlawfully obtained; or

(e) As an employee of the Center forHealth Statistics or of any office establishedpursuant to ORS 432.035, furnishes or proc-esses a certificate of birth, knowing that thecertificate or copy is to be used for the pur-poses of deception.

(2) Unlawful use of a vital record or vitalreport is a Class C felony. [1997 c.783 §42]

432.995 Obstructing the keeping of vi-tal records or vital reports; criminalpenalty. (1) A person commits the crime ofobstructing the keeping of vital records orvital reports if the person knowingly andwillfully:

(a) Refuses to provide information re-quired by this chapter or rules adoptedthereunder;

(b) Transports or accepts for transporta-tion, interment or other disposition a deadbody without an accompanying permit asprovided in this chapter; or

(c) Fails to perform in a timely mannerany of the provisions of this chapter.

(2) The provisions of subsection (1)(c) ofthis section do not apply to the officers oremployees of the courts of this state actingin an official capacity.

(3) Obstructing the keeping of vital re-cords or vital reports is a Class A misde-meanor. [1997 c.783 §43]

Title 36 Page 22 (2009 Edition)