The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON HEALTH AUTHORITY,

PUBLIC HEALTH DIVISION

 

ADMINISTRATION
DIVISION 11
VITAL STATISTICS

333-011-0047 [Renumbered to 333-011-0275]
333-011-0076 [Renumbered
to 333-011-0295]
333-011-0101 [Renumbered
to 333-011-0335]
333-011-0106 [Renumbered
to 333-011-0340]
333-011-0110 [Renumbered
to 333-011-0315]
333-011-0200 [Renumbered
to 333-011-0290]
333-011-0205
County Vital Records Services
(1) A county registrar may only sell
certified copies of records with authorization by the state registrar. A county
registrar may apply to the state registrar for authorization to sell certified copies
of death records or certified copies of birth records and death records. The application
shall specify the county need and interests that the sale of certified copies would
serve, types of records to be issued, and hours of service available. The state
registrar shall review the application and authorize the county registrar to sell
certified copies if such action is supported by local needs and resources.
(2) If approved for birth
records, the county registrar may issue certified copies of registered birth records
from the state vital records system for a period not to exceed six months from the
date of birth.
(3) If approved for death
records, the county registrar may accept after review paper death records for deaths
occurring in the county prior to registration at the state office. The county registrar
shall forward death records that have been filed at the county to the state registrar
within three business days of the date filed by the county registrar.
(a) County registrars may
issue certified copies of a death record from the original record while the original
record is in the possession of the county. County registrars may maintain a copy
of the completed death record for a period up to 14 calendar days from the date
the record is forwarded to the state and within that time period may issue from
that copy until the record is registered in the state vital records system.
(b) After the death record
is registered in the state vital records system, whether originally a paper record
or an electronic record, the county registrar may issue only from the state vital
records system for a period not to exceed six months from the date of death.
(4) County registrars shall
collect fees in the amounts authorized under OAR 333-011-0340 for services provided
at a county vital records office.
Stat Auth: ORS 432.035
Stats. Implemented: ORS 432.035
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14; PH 21-2015, f. 10-30-15, cert. ef. 1-1-16
333-011-0210
Prenatal Care Information
(1) The physician, institution or other
person providing prenatal care shall transfer the prenatal care information including
but not limited to pregnancy history, date of first visit, number of visits, pregnancy
risk factors, and cigarette use as required in ORS 432.088 to the institution where the delivery is expected to occur not less than 30 calendar
days and not more than 45 calendar days prior to the expected delivery date.
(2) If the institution where
the delivery is expected to occur has direct access to the prenatal care information,
the physician, institution or other person providing prenatal care may authorize
direct access to the information.
(3) If the institution where
the delivery is expected to occur does not have direct access to the prenatal care
information or direct access is not authorized by the physician, institution or
other person providing prenatal care, the prenatal care provider shall send by facsimile
or otherwise electronically transmit in a secure manner the prenatal care information
on a form prescribed by the State Registrar of the Center for Health Statistics.
Stat. Auth: ORS 432.088
Stats. Implemented: ORS 432.088
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0215
Registering Live Births that Occur
Outside of a Facility with a Licensed Birth Attendant or Non-licensed Midwife within
One Year of the Date of Birth
(1) For purposes of this rule, attendant
means:
(a) A physician;
(b) A nurse practitioner
as defined in ORS 678.010;
(c) A direct entry midwife
licensed under ORS 687.405 to 687.495; or
(d) A person not required
by law to be licensed to practice midwifery who is registered with the Center for
Health Statistics to submit reports of live birth.
(2) Any individual listed
in subsections (1)(a) through (d) of this rule who attends a birth that occurred
outside a health care facility must register the birth with the Center for Health
Statistics.
(a) Information regarding
the birth may be submitted through the state electronic vital records system or
through a paper report of live birth. All information required in the report of
live birth must be received by the Center for Health Statistics prior to registration.
(b) Reports of live birth
submitted within one year from the date of birth shall not be marked "Delayed."
(c) The attendant may submit
the report of live birth based on existing medical records.
(A) Personal information,
such as the name of the child, can be completed from information provided by the
parent at the time of birth.
(B) If the birth cannot be
confirmed through other public health sources including but not limited to newborn
metabolic screening, first dose immunization records, or early hearing test, the
state registrar may require the parents to submit additional documents that support
the birth of the child in Oregon or present the child at the county vital records
office.
(d) The state registrar may
request additional documentation from the attendant or explanation of the delay
in submitting the report of live birth for reports submitted more than 10 days after
the date of birth.
(e) The state registrar shall
review and register reports of live birth submitted within one year from the date
of birth using the same process for reviewing and registering reports of births
submitted within five days from the date of birth.
(3) An attendant who attends
the birth of their own child, grandchild, niece or nephew must submit the application
and documentation required under OAR 333-011-0220 if the birth does not occur in
a licensed medical facility.
Stat. Auth: ORS 432.088
Stats. Implemented: ORS 432.088
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0220
Registering Live Births that Occur
Outside of a Facility and Without a Licensed Attendant within One Year of the Date
of Birth
When a birth occurs outside a licensed
health care facility, the birth attendant is not an attendant described in OAR 333-011-0215
and a report of live birth has not been submitted to the state registrar, the mother,
the father if the father’s relationship to the child is legally established,
the legal guardian, or a state agency with physical custody shall fill out a form
prescribed by the state registrar to report the live birth and provide additional
evidence to the state register if the birth occurred within one year of the report
being submitted to the Center for Health Statistics.
(1) The individual submitting
the report of live birth must also submit evidence to establish the following facts:
(a) The mother was pregnant
at the time relevant to the birth. If the birth cannot be confirmed through other
public health sources, the parents must submit additional documents that support
the birth of the child in Oregon. Evidence of the pregnancy can include but is not
limited to:
(A) Prenatal record or a
statement from a physician or other health care provider qualified to determine
pregnancy who examined the mother during the pregnancy; or
(B) Chart notes from a home
visit by a public health nurse or other health care provider that include observation
of the pregnancy.
(b) A live birth resulted
from the pregnancy. Evidence that the infant was born alive can include but is
not limited to:
(A) A statement from a physician,
naturopathic doctor, nurse practitioner, or registered nurse who saw or examined
the infant within three months of the birth; or
(B) Chart notes of an observation
of the infant during a home visit by a public health nurse within three months of
the birth; or
(C) Presentation of the child
at the state or county vital records office.
(c) The mother was present
in Oregon at the time of birth. Evidence of the mother's presence in this state
within 30 days of the date of the live birth and inclusive of the date of birth
can include but is not limited to:
(A) A rent receipt that includes
the mother's name and address; or
(B) A utility, telephone,
or other bill that includes the mother's name and address.
(d) Information on the identity
of the mother and information on the identity of the father if the father is to
be listed on the record of live birth. Evidence of the identity of the mother or
the father shall include:
(A) An official identification
document from a government agency that includes a photograph of the mother or of
the father; and
(B) A certified copy of the
mother’s or father’s birth record; or
(C) Other official documents
acceptable to the state registrar.
(2) If a parent’s current
legal name does not match the name on his or her birth record, evidence of the legal
name change through court order, marriage or other legal process must be provided.
(3) If the father is listed
on the record of live birth because the mother and father are married, a certified
copy of a marriage record for the mother and the father must be submitted.
(4) After the application
is received and evidence has been submitted, the state registrar shall review the
documents and application, and verify any documentation at the state registrar’s
discretion.
(5) The state registrar shall
determine if a previously registered record of live birth exists for the registrant.
If no previously registered record is identified and the submitted application
and evidence appear valid, the record may be registered.
(6) Reports of live birth
filed within one year from the date of birth shall not be marked "Delayed."
Stat. Auth: ORS 432.088
Stats. Implemented: ORS 432.088
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0225
Registering Live Births that Occur
in a Licensed Medical Facility More Than One Year after the Date of Birth
All reports of live birth for births
occurring in licensed medical facilities certified more than one year from the date
of live birth are to be submitted by hospital staff through the electronic system
and registered on the current form in use.
(1) Births may be matched
to newborn screening records for the purpose of confirming the birth occurred.
(2) Reports of live birth
submitted more than one year from the date of birth shall be marked “Hospital
Delayed" and include a footnote that the record was filed based on the medical facility’s
record of the live birth.
(3) The facility administrator
or designee shall submit the report of live birth based on existing medical or business
records related to the birth if all facts of birth appear in the medical or business
records. Personal information, such as the name of the child, can be completed
from information provided by the parent at the time of birth.
(4) The facility administrator
or designee shall include an explanation of the delay in submitting the report of
live birth and the facility records on which the report of live birth is based.
(5) The state registrar shall
determine if a previously registered record of live birth exists for the registrant
and may inspect the medical facility’s medical and business records prior
to registration. If no previously registered record is identified and the submitted
record appears valid, the record may be registered.
Stat. Auth: ORS 432.113
Stats. Implemented: ORS 432.113
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0230
Registering Live Births that Occur
Outside a Facility More Than One Year after the Date of Birth
(1) When a live birth that occurred
outside a licensed medical facility has not been registered within one year from
the date of birth, an application for a delayed registration of live birth may be
submitted. The applicant shall complete a delayed report of live birth application
form prescribed by the state registrar, pay the delayed filing fee, and shall provide
additional documentation described in this rule.
(a) If the proposed registrant
is age 18 or older, the proposed registrant must file the application unless the
proposed registrant has a legal guardian due to incapacity. If the proposed registrant
is age 18 or older and has a legal guardian due to incapacity, the legal guardian
may file the application on behalf of the proposed registrant.
(b) If the proposed registrant
is less than age 18, the mother, the father if legal relationship is established,
the legal guardian, or a state agency with physical custody may file the application.
(c) No delayed report of
live birth shall be registered for a deceased person.
(2) A delayed registration
of birth application form shall be signed by the person authorized to request a
delayed registration of birth as described in subsections (1)(a) and (b) of this
rule and sworn to before an official authorized to administer oaths, swearing to
the accuracy of the facts stated therein.
(3) In addition to completing
the delayed registration of live birth application, the applicant must submit documents
to establish the facts of birth including:
(a) The full name of the
proposed registrant at the time of birth;
(b) The date of birth;
(c) The place of birth within
Oregon;
(d) The mother’s full
name at birth and current full legal name; and
(e) Proof that a record does
not currently exist in Oregon.
(4) If the mother was not
married either at the time of conception or birth or within 300 days prior to the
birth, the state registrar shall not enter the name of the father on the delayed
record of live birth for a minor child except upon receipt of a voluntary acknowledgment
of paternity as provided in OAR 333-011-0270 or upon receipt of a court order establishing
paternity.
(5) A delayed registration
of birth application completed and submitted to the state registrar within 10 years
of the birth of the proposed registrant must include three pieces of documentary
evidence that support the facts of birth.
(a) One of the three documents
must establish the mother’s residence address in Oregon within 30 days of
the date of the live birth and inclusive of the date of birth. A personal affidavit
cannot be used to establish residence.
(b) One document other than
a personal affidavit must have the full name at birth of the proposed registrant,
the date of birth, and the full legal name or the full name at birth of the mother.
This document must be dated either:
(A) Before the first birthday
of the proposed registrant; or
(B) At least one year prior
to the date of the application.
(c) One of the documents
may be a personal affidavit. To be accepted, a personal affidavit must be signed
by a person who is at least 18 years of age and is at least 10 years older than
the proposed registrant. That person must have personal knowledge of the facts of
birth and not be a family member of either parent.
(d) In addition to the facts
of birth, information on the identity of the mother and father is required.
(A) Evidence of the identity
of the mother shall include:
(i) An official identification
document from a government agency that includes a photograph of the mother; and
(ii) A certified copy of
the mother’s record of birth; or
(iii) Other official documents
acceptable to the state registrar.
(B) Evidence of the identity
of the father if the father is to be listed on the record of live birth shall include:
(i) An official identification
document from a government agency that includes a photograph of the father; and
(ii) A certified copy of
the father’s record of birth; or
(iii) Other official documents
acceptable to the state registrar.
(C) If a parent’s current
legal name does not match the name on his or her record of birth, evidence of the
legal name change through court order, marriage or other legal process must be provided.
(e) If the father is listed
on the birth report because the mother and father are married, a certified copy
of a marriage record for the mother and the father must be submitted.
(6) If a delayed registration
of live birth application is completed and submitted to the state registrar 10 years
or later after the date of birth of the proposed registrant, at least three pieces
of documentary evidence shall be submitted with the application for delayed record
of live birth.
(a) All documents must have
been established:
(A) Prior to the proposed
registrant's 10th birthday and at least one year prior to the date of application;
or
(B) At least 10 years prior
to the date of application.
(b) One document must have
the full name at birth of the proposed registrant, the date of birth or age, the
place of birth within Oregon, and the mother’s first and last name prior to
marriage.
(c) The remaining two documents
must have the name of the proposed registrant, the date of birth or age, and place
of birth. One document of the three must include the registrant’s first and
last name, date of birth and place of birth within Oregon.
(d) The father will be included
on the record of live birth if the proposed registrant is age 18 or older and the
evidence submitted documents the identity and relationship.
(e) Documents in addition
to the three required may include first and last names only and do not need to include
the date of birth and place of birth if sufficient information appears in the document
to clearly identify the proposed registrant as the subject of the document. These
documents may be used to correct the spelling of a name or to add information missing
from the three documents required, such as a parent’s place of birth.
Stat. Auth: ORS 432.113
Stats. Implemented: ORS 432.113
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0235
Documentation in Support of an Application
to Register a Delayed Report of Live Birth
(1) The following documents shall be
considered by the state registrar to meet the documentation requirements for delayed
registration of live birth described in OAR 333-011-0230 if the documents contain
sufficient information to identify the proposed registrant as the subject of the
document and support the facts of birth as reported by the applicant. Documents
may include:
(a) Licensed medical facility
records of the proposed registrant;
(b) A certified copy of an
accepted application for a Social Security card for the proposed registrant;
(c) The proposed registrant’s
mother’s medical record if the proposed registrant’s name, date of birth
and place of birth are included in the record;
(d) A certified copy of school
records of the proposed registrant;
(e) A certified copy of census
records;
(f) Military records of the
proposed registrant;
(g) A certified copy of marriage
record;
(h) A certified copy of birth
record of the proposed registrant’s child;
(i) Voter registration records
for the proposed registrant; or
(j) Other official documents
acceptable to the state registrar.
(2) All documents submitted
in support of an application for delayed registration of live birth must be original
documents or certified copies of original documents. Certified copies must be authenticated
by the official custodian of the record.
Stat. Auth: ORS 432.113
Stats. Implemented: ORS 432.113
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0240
Review and Filing of Delayed Registration
of Live Birth
(1) The state registrar shall review
the application for delayed registration of birth and documents in support of the
application for authenticity, relevance and content required by OAR 333-011-0230.
If the application cannot be approved as submitted, the applicant will be notified
by correspondence or electronic mail of the deficiencies and provided an opportunity
to submit additional documentation.
(2) The state registrar shall
review the delayed registration of live birth application and the documents submitted,
and shall search to confirm there is no existing birth record for the proposed registrant
in Oregon. If the state registrar finds no such records and finds that the documents
submitted are adequate to establish that the proposed registrant was born in Oregon
on the date specified, the state registrar or the state registrar's designated representative
shall register the record and include on the record of delayed registration of live
birth an abstract of the evidence supporting the delayed report of live birth.
(3) If the application and
evidence is accepted, the state registrar shall send the delayed report of live
birth, including the abstract of evidence, to the applicant for notarized signature.
(4) When the notarized delayed
report of live birth with the applicant’s notarized signature is received,
the state registrar shall create the delayed record of live birth. The record of
live birth shall be marked ‘Delayed’ and shall include a description
of each document submitted to support the facts shown on the delayed birth record.
This description shall include:
(a) The title or description
of the document;
(b) The name of the affiant,
if the document is an affidavit of personal knowledge, or of the custodian, if the
document is an original or certified copy of a record or a signed statement from
the custodian;
(c) The date of the original
filing of the document being abstracted; and
(d) The information regarding
the birth facts contained in the document.
(5) The state registrar shall
return all original documents other than personal affidavits submitted in support
of the application for delayed registration of live birth and received directly
from the applicant to the applicant after review. A copy of the personal affidavit
shall be provided to the applicant. Copies of documents and application will be
maintained for delayed registrations of live birth that are accepted for registration.
Stat. Auth: ORS 432.113
Stats. Implemented: ORS 432.113
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0245
Denial of Application for Delayed
Registration of Live Birth after Two Years
(1) An application for an out of facility
record of live birth or delayed record of live birth which is not completed through
the submission of required evidence of all facts to be established as identified
in rule within two years of application shall be denied. The applicant shall be
notified of the right to appeal the decision of the state registrar under ORS 183.484.
The applicant may request denial for the purpose of seeking a court order prior
to two years.
(2) Any applicant that has
had a previous application denied must file a new application for the proposed registrant
including the fee if choosing to submit a new application for delayed registration
of birth.
(3) Copies of the application
and submitted documentation will be maintained according to the agency’s retention
schedule and may be used if a subsequent application indicates contradictory information.
Stat. Auth: ORS 432.113
Stats. Implemented: ORS 432.113
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0250
Court Ordered Birth Records
A certified copy of each order to establish
a record of birth shall be forwarded to the State Registrar from the court clerk
by the 5th and 15th working day of each month. The order shall be in the form specified
by the State Registrar and shall be suitable for issuing certified copies of the
birth record on a single sheet.
Stat Auth: ORS 432.1888
Stats. Implemented: ORS 432.188
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0255
Infants of Unknown Parentage
(1) A report for a minor child of unknown
parentage found in Oregon shall be registered in the current format for births.
(2) If the minor child is
less than one year of age, the hospital where the child is examined shall submit
the report of live birth in the state’s electronic reporting system.
(3) If the minor child is
more than one year of age, the agency who has assumed custody of the child shall
submit a request to locate birth record to the state registrar. The request shall
include:
(a) A statement that the
child is a possible foundling;
(b) All information available
on the identity of the child and parents for the purpose of identifying the birth
record;
(c) Whether the agency will
be able to locate evidence to support a delayed record of birth if a birth record
is not identified;
(d) Whether an expedited
denial is requested for the purpose of obtaining a court order to register the birth.
(4) If the agency requests
expedited denial, the state registrar shall review the information available and
determine whether a birth record can be identified. If no birth record can be identified
based on the information provided by the agency and the agency cannot provide additional
documentation to support a delayed record of birth, the state registrar shall issue
a denial of the request.
(5) If the agency later identifies
the child’s parents, the agency shall notify the state registrar within 10
days of the additional information. If a previously registered record is identified
with the child’s information, the record registered under this rule shall
be voided. If no registered record with the parent information is found, the agency
shall amend the court order to register the birth to include the names, dates of
birth and places of birth of the parents.
Stat. Auth: ORS 432.108
Stats. Implemented: ORS 432.108
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0260
Amendment of the Same Item More than
Once
Once an amendment of an item is made
on a vital record, except for cause and manner of death to be amended by the medical
certifier or Medical Examiner or clerical error on the part of the reporting source
or the state registrar, that item shall not be amended again except upon receipt
of an appropriate order which, depending on the nature of the order, shall be from
either a court of competent jurisdiction or a court with competent jurisdiction
over the state agency.
Stat. Auth: ORS 432.235
Stats. Implemented: ORS 432.235
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0265
Amending Birth Records
(1) All amendments. Unless otherwise
provided in these rules or in statute, all amendments to vital records shall be
supported by:
(a) An affidavit setting
forth:
(A) Information to identify
the record;
(B) The incorrect data as
it is listed on the record; and
(C) The correct data as it
should appear.
(b) One or more original
items of documentary evidence which support the alleged facts and which were established
at least five years prior to the date of application for amendment or within seven
years of the date of the event and one year prior to the date of the requested amendment.
(2) The state registrar shall
evaluate the evidence submitted in support of any amendment, and when the state
registrar finds reason to doubt its validity or adequacy the amendment may be rejected
and the applicant advised of the reasons for this action.
(3) Who may apply:
(a) To change the date of
birth, time of birth or sex of the registrant, only the facility where the birth
occurred or the individual who submitted the report of birth may apply to amend
unless the medical record is no longer available at the facility. If the medical
record is no longer available, other individuals, including the parents and the
registrant, shall submit an application for amendment under section (1) of this
rule. If the evidence is not sufficient, the applicant must present a certified
copy of a court order ordering such amendment.
(b) To amend a record of
live birth for items other than date of birth, time of birth or sex, application
may be made by one of the parents, the legal guardian, the registrant if 18 years
of age or over, or the individual responsible for filing the report of live birth.
(c) To amend the sex of a
registrant on a record of live birth following the completion of sexual reassignment,
an individual must submit documentation under OAR 333-011-0275.
(4) Amendment of registrant's
first, middle or last names on records of live birth within the first year. Until
the registrant reaches the age of one year, first, middle, or last names of the
registrant may be amended upon written request of:
(a) Both parents; or
(b) The mother if no father
or second parent appears on the record or if the father or second parent is deceased
or incapacitated; or
(c) The father or second
parent if the mother is deceased or incapacitated; or
(d) The legal guardian or
agency having legal custody of the registrant.
(5) Amendment of registrant’s
first, middle or last names on records of live birth after the first year:
(a) After one year from the
date of birth the provisions of section (1) of this rule must be followed to amend
a first, middle or last name if the name was misspelled on the birth record.
(b) A legal change of name
order must be submitted from a court of competent jurisdiction to change a first,
middle or last name that appears on the birth record after one year from date of
birth.
(6) Addition of first, middle
or last name of a registrant on a record of live birth:
(a) Until the registrant's
seventh birthday, first, middle and last names, for a child whose birth was registered
without such names, may be added to the record of live birth upon written request
of:
(A) Both parents; or
(B) The mother if no father
appears on the record or if the father is deceased or incapacitated; or
(C) The father if the mother
is deceased or incapacitated; or
(D) The legal guardian or
agency having legal custody of the registrant.
(b) After seven years the
provisions of section (1) of this rule must be followed to add a first, middle or
last name.
(7) Amendment of parents’
information on birth records. When a requested amendment to an item, in combination
with previous amendments or concurrent requests for amendment, would appear to change
the identity of the parent through cumulative changes to name, date of birth, or
place of birth, the state registrar shall only make such an amendment upon receipt
of a court order from a court of competent jurisdiction.
(8) Original evidence documents
submitted to correct errors in the spelling of a parent name, parent date of birth,
or parent place of birth must be dated prior to the birth of the child.
(9) Birthing facilities may
correct typographical errors on birth records within the first year. After one
year, only errors in the child’s date of birth, time of birth or sex will
be accepted directly from the birthing facility. The birthing facility must have
access to the medical record when submitting the correction.
(10) For births occurring
outside a birthing facility, medical certifiers may only correct typographical errors
within the first year with evidence from the medical record or the birth worksheet.
(11) Amendment of minor errors
on birth records. Amendment of obvious errors, transposition of letters in words
of common knowledge, or omissions may be made by the state registrar either upon
the state registrar's observation or upon request of one of the parents, the legal
guardian, or the birthing facility or by the individual responsible for filing the
report of live birth. The record shall not be marked "Amended". Corrections to names
will not be considered minor errors.
(12) In all cases where the
record is amended, there shall be inserted on the record a statement identifying
the affidavit or documentary evidence used as proof of the correct facts, the date
the amendment was made, and the initials of the person making the change. As required
by statute or rule, the record shall be marked "Amended".
Stat. Auth: ORS 432.235
Stats. Implemented: ORS 432.235
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0270
Voluntary Acknowledgment of Paternity
(1) Any voluntary acknowledgment paternity
form establishes paternity, and the establishment of paternity shall be a rebuttable
presumption. Forms must contain all information necessary to comply with existing
federal and state laws and regulations for determination and recording of paternity
including but not limited to:
(a) The current full names
of mother, father and child;
(b) The social security numbers
of mother and father if available;
(c) The dates of birth for
mother, father and child;
(d) The address(es) of the
mother and of the father;
(e) The birthplace of the
child;
(f) A brief explanation of
the legal significance of signing a voluntary paternity affidavit and a statement
that both parents have 60 days to rescind the paternity acknowledgment affidavit;
(g) A statement signed by
both parents indicating they understand that signing the paternity acknowledgment
is voluntary and that they understand the rights, responsibilities, alternatives
to signing, and consequences of signing;
(h) Signature lines for the
mother and the father; and
(i) Signature lines for witnesses
or notaries.
(2) The witnessed voluntary
acknowledgment of paternity form is established for completion in a health care
facility where births occur. This form can be used by unwed biological parents if:
(a) The mother was not married
at conception, at birth, or within 300 days prior to the birth;
(b) The form is completed:
(A) After the birth; and
(B) While the mother is admitted
for this birth; and
(c) The form is witnessed
by a member of the hospital staff; and
(d) The form is submitted
to the Center for Health Statistics within five days after the birth.
(e) This form will not be
accepted and the father's information will not be placed on this record of live
birth if any of these conditions are not met.
(3) Completion of a voluntary
acknowledgment of paternity form and returning the form to the hospital staff for
submission is the responsibility of the biological parents.
(4) The notarized voluntary
acknowledgment of paternity form can be used by unwed biological parents if:
(a) The mother was not married
at conception, at birth, or within 300 days prior to the birth;
(b) The form is completed
after the birth; and
(c) Signatures of each biological
parent are notarized.
(d) This form will not be
accepted and the father's information will not be placed on this record of live
birth if any of these conditions are not met.
(5) The State Registrar of
the Center for Health Statistics shall consult the Division of Child Support on
the language in the rights and responsibility statement for voluntary acknowledgment
of paternity forms to ensure compliance with state and federal law and regulations.
(6) All questions regarding
acceptability of a completed form are determined by the State Registrar for the
Center for Health Statistics. Appeals of decisions of determination of the state
registrar will be made under ORS 183.484.
Stat. Auth: ORS 432.098
Stats. Implemented: ORS 432.098
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0275
New Record of Birth Following Adoption,
Legitimation, Paternity Determination, and Paternity Acknowledgement or Sexual Reassignment
(1) The state registrar shall amend
a record of live birth and establish a replacement record of live birth for a person
born in this state upon receipt of the following:
(a) Legitimation. If the
mother is unmarried at the time of birth and the biological parents marry after
the birth of a child, a new record of live birth shall be prepared by the state
registrar for a child born in this state upon receipt of a sworn acknowledgement
of paternity signed by the biological parents of said child together with a certified
copy of the parents' marriage record. The mother’s legal name can be amended
to the name taken at marriage on the child’s record of live birth if requested.
(b) Determination of paternity.
A new record of live birth shall be prepared by the State Registrar for a child
born in this state upon receipt of a certified copy of a court determination of
paternity. If the mother’s marital status was not unmarried at the time of
birth or if another man is listed as the father, the court order must disestablish
paternity as well as establish the new father. If the surname of the child is not
decreed by the court, the request for the new record received with the certified
copy of the court determination shall specify the surname requested by both parents
to be placed on the record.
(c) Acknowledgement of paternity.
A new record of live birth shall be prepared by the state registrar for a child
born to an unmarried mother in this state upon acceptance of a notarized voluntary
acknowledgement of paternity signed by both parents if no father appears on the
record. The child’s surname may be changed through the voluntary acknowledgment
of paternity.
(d) Adoption. A certified
copy of a report of adoption as provided in ORS 432.223 or a certified copy of the
decree of adoption, together with the information necessary to identify the original
record of live birth and to establish a replacement record of live birth, except
that a replacement record of live birth shall not be established if so requested
by the court decreeing the adoption.
(e) Sexual reassignment.
A certified copy of an order of a court of competent jurisdiction indicating that
an individual born in this state has completed sexual reassignment and that the
sex on the record of live birth shall be changed.
(2) The mother’s marital
status is unmarried at the time of birth if she was not married at conception, at
birth, or within 300 days prior to the birth.
(3) New record:
(a) The new record of live
birth prepared after adoption, legitimation, determination of paternity, or acknowledgment
of paternity, or sexual reassignment shall be on the form in use at the time of
its preparation and shall include the following items and such other information
necessary to complete the certification:
(A) The name of the child;
(B) The date and place of
birth as transcribed from the original record;
(C) The full names, dates
of birth and places of birth of the adoptive parents or the biological parents whichever
is appropriate;
(D) The name of the attendant;
(E) The state file number
assigned to the original birth record; and
(F) The original filing date.
(b) The information necessary
to locate the existing record and to complete the new record shall be submitted
to the state registrar on forms prescribed or approved by the state registrar.
(4) Existing record to be
placed in a special file. After preparation of the new record, the existing record
and the evidence upon which the new record was based are to be placed in a special
file. Such file shall not be subject to inspection except upon order of a court
of competent jurisdiction or by the state registrar for purposes of properly administering
the vital statistics program. A court order is not required before the release of
a Voluntary Acknowledgment of Paternity form to any government agency responsible
for the administration of child support enforcement programs created under Title
IV-D of the Social Security Act, to a parent who signed the form or to the registrant
if age 18 or older.
Stat. Auth.: ORS 432.245, 432.098 &
432.289
Stats. Implemented: ORS 432.245,
432.098 & 432.289
Hist.: HD 24-1981, f. &
ef. 11-17-81; PH 2-2003(Temp), f. & cert. ef. 2-20-03 thru 8-19-03; PH 11-2003,
f. & cert. ef. 7-31-03; Renumbered from 333-011-0047 by PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0280
Extension of Time for Submission
of Report of Death or Fetal Death
(1) Upon written request by the funeral
service practitioner, person acting as a funeral service practitioner, or Medical
Examiner, the state registrar may extend the period to file a report of death, not
to exceed 60 days.
(2) Upon written request
by the facility administrator or the Medical Examiner, the state registrar may extend
the period to file a report of fetal death, not to exceed 60 days.
(3) The request shall include
the date of event, name of the decedent if a report of death or name of the mother
if a report of fetal death, and an explanation of why the extension of time is required.
(4) The state registrar shall
respond to such request within two business days of receipt. The request may be
faxed or otherwise transmitted electronically, but must include a signature of the
person requesting the extension.
Stat. Auth: ORS 432.163
Stats. Implemented: ORS 432.163
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011- 0285
Report of Fetal Death Which Occurred
Outside a Licensed Medical Facility
When a fetal death occurs outside a
licensed medical facility, the report of fetal death must be submitted by the Medical
Examiner or physician who attended at or immediately after the delivery through
the electronic reporting system.
Stat. Auth: ORS 432.143
Stats. Implemented: ORS 432.143
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0290
Commemorative Certificate of Stillbirth
(1) The Certificate of Stillbirth shall
be suitable for display and shall feature an attractive design with calligraphy-like
font, high quality paper, a State of Oregon seal, and signature of the state registrar.
(2) Information on the Certificate
of Stillbirth shall be prepared using information from the “Report of Fetal
Death” submitted to the Center for Health Statistics. The text of the certificate
shall contain the name of the child, date and place of birth, names of parent(s),
date of issuance, state file number from the fetal death record, and a statement
that the certificate is not proof of a live birth. The word deceased would be included
after the name of the child.
Stat. Auth: ORS 432.148
Stats. Implemented: ORS 432.148
Hist.: PH 27-2006, f. 11-30-06,
cert. ef. 12-1-06; Renumbered from 333-011-0200 by PH 17-2013, f. 12-26-13, cert.
ef. 1-1-14
333-011-0295
Authorization for Final Disposition
(1) Removal of body. Before removing
a dead body or fetus from the place of death, the funeral director or person acting
as such shall:
(a) Obtain assurance from
the attending physician that death is from natural causes and that the physician
will assume responsibility for certifying to the cause of death or fetal death and
receive permission to remove the body from the place of death; or
(b) Notify the medical examiner,
if the case comes within the medical examiner's jurisdiction and obtain authorization
to remove the body.
(2) Authorization for disinterment
and reinterment. An authorization for disinterment and reinterment of human remains
shall be issued by the state registrar upon receipt of a written application signed
by the next of kin and the person who is in charge of the disinterment or upon receipt
of an order of a court of competent jurisdiction directing such disinterment:
(a) Upon receipt of such
a court order or signed permission of the next of kin, the state registrar may issue
one authorization to permit disinterment and reinterment of all human remains in
a mass disinterment provided that, insofar as possible, the remains of each body
be identified and the place of disinterment and reinterment specified. The authorization
shall be permission for disinterment, transportation, and reinterment;
(b) Human remains properly
prepared by an embalmer and deposited in a receiving vault shall not be considered
a disinterment when removed from the vault for final reinterment within the same
cemetery.
Stat. Auth: ORS 432.158
Stats. Implemented: ORS 432.158
Hist.: HB 169, f. & ef.
10-16-63; HD 24-1981, f. & ef. 11-17-81; Renumbered from 333-011-0076 by PH
17-2013, f. 12-26-13, cert. ef. 1-1-14
333-011-0300
Amendments to Death Records
(1) To amend a death record, application
may be made by the informant, the next of kin of the decedent, person acting as
the funeral service practitioner who signed the report of death, or a funeral service
practitioner employed by the licensed funeral establishment that submitted the report
of death.
(a) Next of kin is, in order
of preference:
(A) Spouse of the decedent;
(B) A son or daughter age
18 or older of the decedent;
(C) The mother or the father
of the decedent;
(D) A brother or sister age
18 or older of the decedent;
(E) The guardian of the decedent
at the time of death;
(F) The personal representative
of the estate of the decedent; or
(G) The person nominated
as the personal representative of the decedent in the decedent’s will.
(b) Applications to amend
the medical certification of cause of death shall be made only by the physician
who signed the medical certification or the medical examiner.
(c) A completed and signed
affidavit in a format prescribed by the state registrar is required for all amendments.
(2) When the marital/partnership
status is shown as married/partnered and a surviving spouse/partner is listed on
the death record of the decedent then the marital/partnership status shall be changed
to:
(a) Widowed and the spouse/partner
removed if a certified copy of a death record for the spouse/partner documenting
that the spouse/partner died prior to the death of the decedent is submitted by
the informant.
(b) Divorced or never married
and the spouse/partner removed if a certification of divorce/dissolution/annulment
documenting that the event occurred prior to the death of the decedent is submitted
by the informant.
(3) If the marital/partnership
status is shown as married/partnered and surviving spouse/partner is listed as unknown
or is blank on the death record, then a certified copy of the record of marriage/partnership
must be provided to add the name of the surviving spouse/partner.
(4) If the marital/partnership
status is shown as married/partnered and the surviving spouse/partner is listed
on the death record then an order from a court of competent jurisdiction will be
needed to change that spouse/partner to a different person.
(5) When the marital/partnership
status is shown as divorced, widowed, or never married and no surviving spouse/partner
is listed on the death record of the decedent then the marital/partnership status
shall be amended to married/partnered and the surviving spouse/partner added upon
receipt of notarized affidavits from both the informant and from the alleged surviving
spouse/partner stating that an error was made and stating the correct information,
and either:
(a) A certified copy of the
marriage/partnership record showing that the person to be listed as the surviving
spouse/partner was married to/partnered with the decedent prior to death is submitted
by the informant; or
(b) An order from a court
of competent jurisdiction issued in a legal action indicating that the person was
in a common-law marriage with the decedent at the time of the decedent’s death.
(6) Other changes to marital/partnership
status and surviving spouse/partner will be made only upon the finding of a court
of competent jurisdiction in an order that determined the marital/partnership status
of the decedent and identifies the surviving spouse/partner, if appropriate.
(7) For sections (2) through
(5) of this rule, in addition to documentation required, the informant listed on
the death record shall be notified of the requested change and given the opportunity
to respond prior to the state registrar amending the death record. If the informant
disagrees with the change, marital status and surviving spouse can only be changed
upon receipt of an order from a court of competent jurisdiction.
(8) Amendment to other items
on the death record:
(a) Signatures may not be
amended.
(b) Other personal and statistical
items on the death record may be amended by the funeral services practitioner based
on a correction affidavit.
(c) Other personal and statistical
items on the death record shall be amended by the informant or next of kin only
if supported by an affidavit and documentary evidence that is acceptable to the
state registrar.
(d) An order from a court
of competent jurisdiction may be used to amend any item except signatures, the date
of registration, or to amend the date of death to a date that is after the date
of registration.
(9) Notwithstanding sections
(2) through (7) of this rule, any item may be amended except signatures if the amendment
is required because of clerical error by the facility, institution or individual
responsible for submitting the report. The request for amendment shall be supported
by a written statement explaining the error.
Stat. Auth: ORS 432.235
Stats. Implemented: ORS 432.235
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0305
Marriage and Oregon Registered Domestic
Partnership Records
(1) The state registrar shall register
Declaration of Oregon Registered Domestic Partnership forms that have been completed,
notarized, and filed with an Oregon county clerk.
(a) The form shall be considered
complete when all items not identified as optional or statistical have been completed.
(b) If the item “legal
name taken after domestic partnership” is not completed, the form may be accepted
for registration. A partner not completing the item will retain the legal name prior
to the declaration as their sole legal name.
(2) The state registrar shall
register the Application, License, and Record of Marriage forms that have been completed
by the officiant and filed with the Oregon county clerk who issued the license.
(a) The form shall be considered
complete when all items not identified as statistical have been completed. Affidavit
of age may be blank if not required by the county clerk under ORS 109.050.
(b) If the item “legal
name taken after marriage” is not completed, the form may be accepted for
registration. A party not completing the item will retain the legal name prior to
the marriage as their sole legal name.
Stat. Auth: ORS 432.173
Stats. Implemented: ORS 432.173
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0310
Record of Dissolution
(1) The state registrar shall register
Record of Dissolution of Marriage, Annulment or Domestic Partnership forms that
have been completed and certified by an Oregon clerk of the court. The form shall
be considered complete when the following minimal information has been completed:
(a) Husband/Partner A legal
name, date of birth and birthplace;
(b) Wife/Partner B legal
name, date of birth and birthplace;
(c) Date of marriage or filing
of registered domestic partnership, place of marriage or registered domestic partnership;
(d) Date marriage or registered
domestic partnership was dissolved, date judgment becomes effective, county of decree;
and
(e) Signature, either physical
or electronic, of court official, title of official and date signed.
(2) The clerk of the court
shall complete and submit reports of dissolution of marriage or dissolution of domestic
partnership for cases where final judgment has been entered on the 5th working day
and the 15th working day of each month.
Stat. Auth: ORS 432.183
Stats. Implemented: ORS 432.183
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0315
Disposition of Reports of Induced
Termination of Pregnancy
(1) Reports of induced termination of
pregnancy are statistical reports only and are not to be incorporated into the official
records of the Vital Statistics Section. The state registrar is authorized to dispose
of such reports when all statistical processing of the records has been accomplished.
However, the state registrar may establish a file of such records so they will be
available for future statistical and research projects provided such file is not
made a part of the official records and the reports are not made available for the
issuance of certified copies. Such file shall be retained for as long as the state
registrar deems necessary and it shall then be destroyed. The file may be maintained
by photographic, electronic, or other means as determined by the state registrar,
in which case the original report from which the photographic, electronic, or other
file was made shall be destroyed.
(2) The provisions of this
regulation shall also apply to all records of induced termination of pregnancy filed
prior to the adoption of this regulation.
Stat. Auth: ORS 432.153
Stats. Implemented: ORS 432.153
Hist.: HB 228, f. 11-5-69;
HD 24-1981, f. & ef. 11-17-81; Renumbered from 333-011-0110 by PH 17-2013, f.
12-26-13, cert. ef. 1-1-14
333-011-0320
Preservation of Vital Records
(1) When an authorized reproduction
of a vital record has been properly prepared by the state registrar and when all
steps have been taken to provide for the continued preservation of the information,
the record from which such authorized reproduction was made may be disposed of by
the state registrar. Such record may not be disposed of until:
(a) The quality of the authorized
reproduction has been tested to ensure that acceptable certifications can be issued;
(b) A permanent copy of such
record has been placed in a secure location removed from the building where the
authorized reproduction is housed; and
(c) The original records
have been offered to the State Archives.
(2) Such permanent copy described
in section (1) shall be maintained in such a manner to ensure that it can replace
the authorized reproduction should the authorized reproduction be lost or destroyed.
(3) The state registrar shall
offer the original documents from which the authorized reproductions are made to
the State Archives. The State Archives shall retain permanently such records and
shall adhere to the restrictions in the vital statistics law related to access to
such records. If the State Archives declines to place such records in its files
the state registrar shall be authorized to destroy the documents. Such destruction
shall be in accordance with generally accepted methods for disposition of confidential
or sensitive documents.
(4) Microfilm used for preservation
shall be manufactured and stored in accordance with the standards established by
the State Archives by rule. Redundant copies shall be stored at one or more sites
distant from the master copies. Mechanisms for retrieving copies from distant sites
shall be documented and periodically tested.
(5) Electronic images of
vital record documents shall be indexed for ease of retrieval. Long-term archiving
of electronic documents shall follow standards established by the State Archives
by rule. The index shall allow for linking of amended or corrected images to the
original image. The images shall be stored in a tamper resistant manner and media.
The preservation management program shall include the refreshment of storage media
to assure integrity and prevent obsolescence on a periodic basis into new formats
as they become accepted.
(6) Vital event information
stored as electronic data shall be stored in a manner that is both tamper resistant
and tamper evident. All changes to information shall be tracked, including the
item changed, the user who made the change, the date of the change, and the justification
for the change. Back-ups of electronic data shall be made at regular intervals,
and copies shall be stored at one or more sites distant from the master copy. Mechanisms
and procedures for retrieving copies from distant sites shall be documented and
periodically tested.
(7) The preservation management
program shall provide for the periodic refreshment of electronic data, to include
hardware, software, and coding standards. The program must include documentation
of changes in coding structures, provide for testing of converted files to assure
data quality, and address associated costs.
Stat. Auth: ORS 432.295
Stats. Implemented: ORS 432.295
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0325
Confidentiality and Disclosure of
Information from Vital Records or Vital Reports
To protect the confidentiality and security
of vital records and vital reports:
(1) The state registrar shall
not permit access to or disclosure of personally identifiable information contained
in vital records, or issue a copy of all or part of any such record unless the applicant
is authorized to obtain such record for a proper purpose under ORS 432.350, or is authorized to obtain such record under ORS 432.380.
(a) Access to or disclosure
of information contained in vital records for sale or release to the public, for
direct or indirect marketing of goods or services, for other non-research solicitation
of registrants or families of registrants, or for other commercial or speculative
purposes shall not be deemed a proper purpose.
(b) The state registrar may
impose reasonable conditions as to the use and re-disclosure of information, and
may limit access to the minimum necessary to fulfill the purpose for which information
is requested.
(2) Requests for personally
identifiable information contained in vital records for health research purposes
shall be submitted in writing to the state registrar.
(a) Each request shall contain
at a minimum:
(A) Name, title, organizational
affiliation and contact information (mailing address, telephone number, and electronic
mail address) of the requestor and the organizational official authorized to execute
agreements;
(B) Title, objectives and
description of the proposed research study;
(C) Institutional Review
Board approval of study protocol if any contact with study subjects including children
or parents listed on live birth records or next-of-kin or informants of decedents
is proposed;
(D) Physical and electronic
storage and security measures to be taken to assure confidentiality and security
of identifying information, and provision for return or destruction of the information
at the conclusion of the research study;
(E) Time frame of the research
study;
(F) Names of all persons
on the research study team who will have access to the personally identifiable information;
(G) Plan for dissemination
of the results.
(b) Each request for personally
identifiable information from vital records to be used for health research purposes
shall be reviewed to determine compliance with at least the following:
(A) Contains all elements
required by this rule;
(B) Adequately justifies
the need for the requested information;
(C) Compliance with past
data use agreements;
(D) The requested information
can be provided within the time frame set forth in the request; and
(E) The state registrar has
adequate resources with which to comply with the request.
(3) Requests by government
agencies for any identifiable information contained in the state’s vital records
maintained pursuant to ORS Chapter 432, or for verifications thereof, shall specify
in writing the official use to which the requested information will be put and why
the information is necessary in accordance with ORS 432.350. The request may be granted only if the state registrar agrees that the requested
information is necessary for a proper purpose.
(a) Each request shall contain
at a minimum:
(A) Name, title, agency,
and contact information (mailing address, telephone number, and electronic mail
address) of the requestor and the agency official authorized to execute agreements;
(B) Purpose or intended use
of the data or vital records being requested;
(C) Physical and electronic
storage and security measures to be taken to assure confidentiality and security
of identifying information, and provision for return or destruction of the information
at the conclusion of the intended use;
(D) Time frame of intended
use; and
(E) Names of all persons
who will have access to the personally identifiable information being requested.
(b) Each request from a government
agency for personally identifiable information from vital records shall be reviewed
to determine compliance with at least the following:
(A) Contains all elements
required by this rule;
(B) Adequately justifies
the need for the requested information;
(C) Compliance with past
data use agreements;
(D) The requested information
can be provided within the time frame set forth in the request; and
(E) The state registrar has
adequate resources with which to comply with the request.
(4) The state registrar shall
enter into data use agreements for all approved health research and government agency
requests for personally identifiable information from vital records. Each data
use agreement shall include but not be limited to:
(a) Specification of exactly
what information will be disclosed to the requestor, the purpose for which it is
provided, and the manner in which the data will be used;
(b) The charges or fees,
if any, to be paid by the requestor to the state registrar for use of the data;
(c) A prohibition of re-release
by the requestor of any information that may identify any person or any individual
case record, whether identifiable or not, without the prior written approval of
the state registrar;
(d) The requestor’s
acknowledgment and agreement that ownership of all information provided by the state
registrar shall remain exclusively that of the state registrar and that the data
use agreement constitutes a license to use the data provided only for the purpose
and in the manner set forth in the agreement;
(e) The requestor’s
agreement neither to attempt to link nor to permit others to attempt to link the
data set with individually identifiable records from any other data set without
the prior written approval of the state registrar;
(f) The requestor’s
agreement neither to use nor to allow anyone else to use the information to attempt
to learn the identity of any person included from the information provided without
the prior written approval of the state registrar;
(g) Agreement that if the
identity of any person is discovered inadvertently, the recipient:
(A) Will not make use of
this knowledge;
(B) Will immediately notify
the state registrar; and
(C) Will safeguard or destroy
the information which led to the identification of the individual as requested by
the state registrar;
(h) Acknowledgment and agreement
that the requestor shall be responsible for any breach of security, including but
not limited to any notifications to affected persons required by law or by the state
registrar, and any fines, penalties or other sanctions that may be imposed pursuant
to applicable law.
(i) Agreement to prohibit
the use of data provided for any purpose not explicitly identified and approved
in the signed data use agreement.
Stat. Auth: ORS 432.350
Stats. Implemented: ORS 432.350
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0330
Authentication of Applicant
(1) An authentication quiz shall be
used for each application received by telephone, Internet, or through a kiosk. The
authentication quiz shall be based on publicly available information and must be
information requiring personal knowledge not available from reviewing current information
typically found in a wallet.
(a) For applications received
by telephone or Internet, successful completion of the authentication quiz shall
serve as identification of the applicant and additional documentation shall not
be required.
(b) For applications received
by telephone or Internet and the authentication quiz is not successfully completed,
the applicant shall be instructed to send additional identity documentation to support
the application.
(c) For applications received
by kiosk and the authentication quiz is not successfully completed, the applicant
must show identification documents before receiving a certified copy in person or
by mail.
(2) All applicants applying
in person must show identification regardless of authentication quiz completion.
(3) Applicants for records
for events occurring more than 50 years for death, fetal death, marriage, Oregon
registered domestic partnerships or dissolution of marriage or registered domestic
partnerships or 100 years for birth, shall be submitted on the same form and in
the same manner, including the authentication quiz, as records for current events.
Stat. Auth: ORS 432.380
Stats. Implemented: ORS 432.380
Hist.: PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14
333-011-0335
Copies of Vital Records
(1) Full or short form certified copies
of vital records may be made by mechanical, electronic, or other reproductive processes,
except that the information contained in the "Information for Medical and Health
Use Only" section of the record of live birth shall not be included.
(2) When a certified copy
is issued, it shall be certified as a true representation of the facts of the event
by an authorized agent and shall include the date issued, the name of the state
registrar, the state registrar's signature or an authorized facsimile thereof, and
the seal of the state and agency authorized under ORS 432.010.
(3) Confidential verification
of the facts contained in a vital record may be furnished by the state registrar
to any federal, state, county, or municipal government agency or to any other agency
representing the interest of the registrant, subject to the limitations as indicated
in section (1) of this rule. Such confidential verifications shall be on forms prescribed
and furnished by the state registrar or on forms furnished by the requesting agency
and acceptable to the state registrar; or, the state registrar may authorize the
verification in other ways when it shall prove in the best interests of his or her
office.
(4) The state registrar may
authorize certification or verification of fact of death to an institution when
the institution has demonstrated to the satisfaction of the state registrar that
such information is necessary for a determination of or protection of a personal
or property right of the institution.
(5) When the state registrar
finds evidence that a record was registered through misrepresentation or fraud,
he or she shall have authority to withhold the issuance of a certified copy of such
record until a court determination of the facts has been made.
(6) The state registrar shall
determine the minimum information needed to locate and identify a particular record
within the files.
(7) Subject to the penalties
of ORS 432.993, no person is authorized to photograph, photostat, duplicate, or
issue what purports to be a certified copy, certification, or record of birth, death,
or fetal death except authorized employees of the Public Health Division, county
registrars, or their deputies, acting in accordance with directives, regulations,
or law governing their official duties.
(8) Certified copies of records
of death or records of fetal death issued to an employee or agent of a funeral home
or a person acting as a funeral service practitioner shall be transferred only to
persons eligible to receive certified copies if applying individually.
(9) The county registrar
shall forward any completed original birth records received to the state registrar
immediately for registration at the state.
(10) Certified copies of
death records used to record the transfer of property in Oregon must not include
cause of death information if:
(a) The death occurred after
1977;
(b) The death occurred in
Oregon; and
(c) The certified copy is
issued after January 1, 2014.
Stat. Auth.: ORS 432.010, 432.440, 432.350
& 432.380
Stats. Implemented: ORS 432.010, 432.440, 432.350
& 432.380
Hist.: HB 169, f. & ef.
10-16-63; HD 24-1981, f. & ef. 11-17-81; HD 3-1986, f. & ef. 2-5-86; PH
16-2011, f. 12-28-11, cert. ef. 1-1-12; Renumbered from 333-011-0101 by PH 17-2013,
f. 12-26-13, cert. ef. 1-1-14
333-011-0340
Fees
(1) The fee for any search of the files
and vital statistics records is $25.
(a) The $25 search fee includes
the issuance of one certified copy if the record is located and matched to the request.
If no matching record is found, a statement to this effect will be issued in lieu
of a record.
(b) The $25 fee covers the
cost of a five year search for death, fetal death, marriage, divorce, domestic partnership
and dissolution of domestic partnership records. If more than a five year search
is requested, an additional fee of $1 per year shall be charged.
(2) The fee for the first
certified copy of a death, fetal death, marriage, divorce, domestic partnership,
or dissolution of domestic partnership vital statistics record is $25. Additional
certified copies of the same record ordered at the same time is $20 for each certified
copy through December 31, 2017. Effective January 1, 2018, additional certified
copies of the same record ordered at the same time shall be $25 for each certified
copy.
(3) The fee for a certified
copy of a birth vital statistics record is:
(a) $25 when a computerized
version of the record is issued. Additional certified copies of the same record
ordered at the same time shall be $20 for each certified copy through December 31,
2017. Effective January 1, 2018, additional certified copies of the same record
ordered at the same time shall be $25 for each certified copy.
(b) $30 for each certified
copy when an image of the original record is requested by the applicant.
(4) The fee for a certified
copy of a recorded court order registering an unrecorded birth under ORS 432.118
is $25.
(5) The fee for a Commemorative
Certificate of Stillbirth is $25.
(6) A fee of $35 shall be
paid to the state registrar for the preparation of a new or updated record of live
birth for amendment, correction, adding the father's name to the birth record or
filing of adoption orders and delayed and court registered birth records. This fee
does not include a certified copy of the amended record.
(a) The $35 fee may be waived
to correct an error or omission by a reporting source if a birth record is corrected
within the first year from the date of the event.
(b) The $35 fee may be waived
at any future time to correct an error on a record of live birth by a reporting
source for date of birth, time of birth or sex of registrant.
(c) An additional service
to expedite an amendment within three business days may be available for an additional
fee of $30 if the request is matched to a registered record and all required documentation
under ORS 432.223 & 432.245, OAR 333-011-0260 through 0275, or OAR 333-011-0300
has been received and approved. This fee does not include a certified copy of the
amended record and is in addition to the amendment fee.
(7) A fee of $35 shall be
paid to the state registrar for the preparation of an amended death record, if amendments
are filed more than one year after the date of death. However, no fee shall be paid
for amendments to the cause of death filed by the physician or medical examiner
that signed the report of death. This fee does not include a certified copy of the
amended record.
(8) A fee of $5 for each
certified copy shall be paid for the replacement of certified copies of a death
record when the original documents are returned within a year of issuance with an
acceptable correction document and appropriate amendment fee. This fee may be waived
when the replacement of certified copies is required solely due to an amendment
or correction by the medical certifier on the record or a Medical Examiner.
(9) A fee of $5 for each
certified copy shall be paid for the replacement of certified copies of a birth
record when the original documents are returned within a year of issuance and an
acceptable correction document and appropriate amendment fee has been received.
The $5 fee may be waived for the replacement of one certified copy of the record
of live birth when an amendment is made.
(10) A fee of $7 shall be
paid to expedite the search and filling of an order for a certified copy when the
order is placed by telephone or the Internet, billed to a credit card and processed
within three working days upon receipt of the order. This fee is in addition to
the fee charged by a subcontractor providing computer, prepayment, billing and collection
services for orders processed using the subcontractor's services.
(11) A fee of $45 shall be
paid for heirloom birth certificates under ORS 432.445.
(12) A fee of $30 shall be
paid for a certified copy of a person’s original record of live birth prior
to adoption under ORS 432.228(1).
(13) A fee of $25 shall be
paid when submitting a Contact Preference Form to match with an adopted person’s
record of live birth.
(14) Persons requesting special
services or specific data sets shall be charged actual time and material costs of
producing the data.
(15) The fee for copies of
vital statistics records issued for research approved by the state registrar under
ORS 432.350 is $25 for each record. Records for research purposes are issued as
uncertified copies.
(16) A fee of $24 shall be
paid for making certified copies of documents from sealed files, special files and
affidavits and supplemental reports authorized by statute or rule.
(17) A fee of $4 per page
shall be charged for uncertified copies of documents from sealed files, special
files and affidavits or supplemental reports authorized by statute or rule.
(18) A fee of $10 shall be
paid for each manual verification of a vital event for each government agency or
subdivision of a government agency requesting over 5 verifications per month.
(19) A fee not to exceed
$4 shall be paid for each electronic verification of a vital event. This fee is
in addition to the fee charged by a subcontractor providing computer system, billing
and collection services for verifications processed using the subcontractor's services.
(20) Overpayment of a required
fee received in the office of the state registrar shall be refunded if in excess
of $6 and any overpayment less than $6 shall be refunded upon written request of
the applicant within one year.
Stat. Auth.: ORS 432.015, 432.350, 432.435
& 432.148
Stats. Implemented: ORS 432.435
& 432.148
Hist.: HB 169, f. & ef.
10-16-63; HD 13-1979(Temp), f. & ef. 10-1-79; HD 18-1979, f. & ef. 12-12-79;
HD 2-1985, f. & ef. 2-19-85; HD 1-1987, f. 1-20-87, ef. 2-2-87; HD 10-1990,
f. 5-3-90, cert. ef. 7-1-90; HD 4-1992(Temp), f. & cert. ef. 4-28-92; HD 8-1992,
f. & cert. ef. 6-22-92; HD 19-1993(Temp), f. & cert. ef. 10-27-93; HD 21-1994,
f. & cert. ef. 8-15-94; PH 17-2003, f. 10-31-03, cert. ef. 12-1-03; PH 3-2010,
f. & cert. ef. 2-3-10; Renumbered from 333-011-0106 by PH 17-2013, f. 12-26-13,
cert. ef. 1-1-14; PH 21-2015, f. 10-30-15, cert. ef. 1-1-16

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