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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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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

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.

(1) 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.

(2) 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 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.

Stat. Auth: ORS 432.035
Stats. Implemented: ORS 432.035
Hist.: PH 17-2013, f. 12-26-13, cert. ef. 1-1-14

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 a certified copy of a vital statistics record or for an abbreviated birth or death record shall be $20. Additional copies of each record ordered at the same time shall have a fee of $15 per certified copy.

(2) The fee for a Commemorative Certificate of Stillbirth shall be $20. Additional copies of each record ordered at the same time shall have a fee of $15 per certificate.

(3) The fee for any search of the files and records shall be $20. The fee shall include the issuing, when requested, of one certified copy.

(4) The $20 fee shall cover the cost of a five year search for death, marriage and divorce records. If more than a five year search is requested, an additional fee of $1 per year shall be charged.

(5) The fee for a certified copy of a recorded court order registering an unrecorded birth under ORS 432.142, to be furnished by the clerk of the circuit court or the state registrar shall be $20.

(6) 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.

(7) A fee of $50 shall be paid to the state registrar for the preparation of a new or supplemental record of live birth to amendment, correction, adding the father's name to the birth record or filing of adoption orders and delayed and court registered birth records. The fee shall include the charge for one certified copy of the new or supplementary record of live birth. If a certified copy is not requested at the time of amendment or creation of the supplementary record, the amendment fee shall be $30.

(a) The $30 amendment 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 $30 amendment 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 gender of registrant.

(8) A fee of $50 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.

(9) A fee of $5.50 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 the same or the next working day. 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.

(10) A fee of $45 shall be paid for heirloom birth certificates.

(11) A fee of $5 per year shall be charged for duplicate copies of microfiche cards containing index information for death, marriage and divorce records.

(12) A fee of $8.50 per reel shall be charged for duplicate copies of microfilm containing index information of death, marriage and divorce records.

(13) Persons requesting special services or specific data sets shall be charged actual time and material costs of producing the data.

(14) The fee for certified copies to be used in research approved by the state registrar shall be $20 for quantities less than 100 certified copies. If the quantity is 100 or more the following scale shall apply:

(a) If a listing is supplied which provides year and state file number, or name, date, and place of event, the fee shall be $10 per copy;

(b) If a listing is supplied which provides name and year of event, the fee shall be $15 per copy;

(c) Listings supplying less information shall be at the regular fee.

(15) A fee of $20 shall be paid for making certified copies of documents from sealed files.

(a) A fee of $20 shall be paid for making certified copies of affidavits and supplemental reports.

(b) A fee of $2 per page shall be charged for uncertified copies of affidavits and supplemental reports that can be issued without opening sealed files.

(16) A fee of $25 may be charged for each check returned for non-payment.

(17) A flat fee of $20 shall be paid for the replacement of certified copies 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 fewer than four certified copies are being replaced.

(18) A fee of $8 shall be paid for each manual verification of a vital event for each government agency or subdivision of a government agency requesting over 10 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.

Stat. Auth.: ORS 432.015, 432.350, 432.435 & 432.148, 432.015(3), 432.350 (33) & 432.435(41)
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

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