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The Oregon Administrative Rules contain OARs filed through May 15, 2013 
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OREGON HEALTH AUTHORITY,
PUBLIC HEALTH DIVISION
OREGON HEALTH AUTHORITY,
PUBLIC HEALTH DIVISION
ADMINISTRATION
DIVISION 11
VITAL STATISTICS
333-011-0006
Definitions
As used in OAR 333-011-0006 to 333-011-0116, unless the context denotes otherwise:
(1) "Dead Body" means a human body or such parts of such human body from the condition of which it reasonably may be concluded that death recently occurred.
(2) "Division" means the Oregon Public Health Division.
(3) "Fetal Death" means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles:
(a) "Induced termination of pregnancy" means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant or to remove a dead fetus and which does not result in a live birth;
(b) "Spontaneous fetal death" means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy.
(4) "File" means the presentation of a vital record provided for in ORS chapter 432 for registration by the Vital Statistics Section.
(5) "Final Disposition" means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus.
(6) "Institution" means any establishment, public or private, which provides in-patient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law.
(7) "Live Birth" means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.
(8) "Physician" means a person authorized or licensed under the laws of this state to practice medicine, osteopathy, chiropractic, or naturopathy.
(9) “Registrant” is the subject of the vital record including the child on a birth record, the decedent on the death record, the husband or wife on a marriage or divorce record, and a partner on a declaration of Oregon registered domestic partnership or dissolution of domestic partnership record.
(10) "Registration" means the acceptance by the Vital Statistics Section and the incorporation of vital records provided for in ORS Chapter 432 into its official records.
(11) "Search of the Files" means consultation of the file or the index to the file for the year in which the event is stated to have occurred. A consultation of the file or index to the file for two years on each side of the year in which the event is stated to have occurred will be considered a part of the same search procedure when the record is not located in the stated year.
(12) "System of Vital Statistics" means the registration, collection, preservation, amendment and certification of vital records; the collection of other reports required by ORS Chapter 432, and activities related thereto including the tabulation, analysis and publication of vital statistics.
(13) "Vital Records" means certificates or reports of birth, death, marriage, dissolution of marriage and data related thereto.
(14) "Vital Statistics" means the data derived from certificates and reports of birth, death, spontaneous fetal death, induced termination of pregnancy, marriage, dissolution of marriage and related reports.
Stat. Auth.: ORS 432.005
Stats. Implemented: ORS 432.005
Hist.: HB 169, f. & ef.
10-16-63; HB 247, f. 6-2-70; HB 286-A(2) and HB 38, f. 7-23-73, ef. 8-15-73; HD
24-1981, f. & ef. 11-17-81; PH 16-2011, f. 12-28-11, cert. ef. 1-1-12
333-011-0011
Registration District
The state is hereby divided into registration districts as follows:
(1) Each county shall constitute a registration district, provided that the Division may designate deputy registrars within districts where necessary to facilitate registration.
(2) The Division may combine two or more contiguous registration districts when such counties are organized to form a district health unit.
Stat. Auth.: ORS 432.035
Stats. Implemented: ORS 432.035
Hist.: HB 169, f. & ef. 10-16-63; HD 24-1981, f. & ef. 11-17-81
333-011-0016
Duties of State Registrar
(1) Forms. All forms, certificates, and reports used in the system of vital statistics are the property of the Public Health Division — hereinafter referred to as "State Agency" — and shall be surrendered to the State Registrar of Vital Statistics — hereinafter referred to as "State Registrar" — upon demand. The forms prescribed and distributed by the State Registrar for reporting vital statistics shall be used only for official purposes. Only those forms furnished or approved by the State Registrar shall be used in the reporting of vital statistics or in making copies thereof.
(2) Requirements for preparation of certificates. All certificates and records relating to vital statistics must either be prepared on a typewriter with a black ribbon or printed legibly in black, unfading ink. All signatures required shall be entered in black, unfading ink. Unless otherwise directed by the State Registrar, no certificate shall be complete and correct and acceptable for registration:
(a) That does not have the certifier's name typed or printed legibly under his or her signature;
(b) That does not supply all items of information called for thereon, including those items identified as for medical, health or statistical use, or satisfactorily account for their omission;
(c) That contains alterations or erasures;
(d) That does not contain handwritten signatures as required;
(e) That is marked "copy" or "duplicate";
(f) That is a carbon copy;
(g) That is prepared on an improper form;
(h) That contains improper or inconsistent data;
(i) That contains an indefinite cause of death which denotes only symptoms of disease or conditions resulting from disease;
(j) That is not prepared in conformity with regulations or instructions issued by the State Registrar.
Stat. Auth.: ORS 432.030
Stats. Implemented: ORS 432.030
Hist.: HB 169, f. & ef.
10-16-63; HD 24-1981, f. & ef. 11-17-81; PH 16-2011, f. 12-28-11, cert. ef.
1-1-12
333-011-0021
Record Preservation
(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 insure 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, however, until the quality of the authorized reproduction has been tested to insure that acceptable certified copies can be issued and until a security copy of such documents has been placed in a secure location removed from the building where the authorized reproduction is housed.
(2) The State Registrar shall offer the original documents from which the authorized reproductions are made to the State Archives Division. The State Archives Division may be allowed to retain permanently such records provided they adhere to the restrictions in the vital statistics law related to access to such records. If the State Archives Division does not wish to place such records in their files the State Registrar shall be authorized to destroy the documents. Such destruction shall be by approved methods for disposition of confidential or sensitive documents.
Stat. Auth.: ORS 432.030
Stats. Implemented: ORS 432.030
Hist.: HB 169, f. & ef. 10-16-63; HD 24-1981, f. & ef. 11-17-81
333-011-0043
Registering Live Births; Delayed Registration of Birth
(1) Certificate to be filed within seven days. Each live birth which occurs in this State shall be registered within seven days after such birth.
(2) Registration -- Seven days to one year. Certificates of birth filed after seven days, but within one year from the date of birth, shall not be marked "Delayed." In any case where the certificate is signed by someone other than the attendant or person in charge of the institution or designee where birth occurred, a notarized statement setting forth the reason therefore must be attached to the certificate. The State Registrar may require additional evidence in support of the facts of birth and/or an explanation of why the certificate of birth was not filed within the required seven days.
(3) Delayed Certificate of Birth Form. All certificates registered one year or more after the date of birth are to be registered on a delayed certificate of birth form prescribed by the State Registrar.
(4) Who May Request the Registration of and Sign a Delayed Certificate of Birth. Any person born in this state whose birth is not recorded in this state, or his parent, guardian, next of kin, or older person acting for the registrant and having personal knowledge of the facts of birth may request the registration of a delayed certificate of birth, subject to these regulations and instructions issued by the State Registrar. Each delayed certificate of birth shall be signed and sworn to before an official authorized to administer oaths by the person whose birth is to be registered if such person is 18 years of age or over and is competent to sign and swear to the accuracy of the facts stated therein; otherwise the certificate shall be signed and sworn to by one of the following in the indicated order of priority:
(a) One of the parents of the registrant; or
(b) The guardian of the registrant; or
(c) The next of kin of the registrant; or
(d) Any older person having personal knowledge of the facts of birth.
(5) Facts to be Established for a Delayed Registration of Birth. The minimum facts which must be established by documentary evidence shall be the following:
(a) The full name of the person at the time of birth;
(b) The date of birth and place of birth;
(c) The full maiden name of the mother;
(d) The full name of the father; except that if the mother was not married either at the time of conception or birth the name of the father shall not be entered on the delayed certificate except as provided in section (6) of this rule.
(6) Delayed Registration Following a Legal Change of Status. When evidence is presented reflecting a legal change of status by adoption, legitimation, paternity determination, or acknowledgement of paternity, a new delayed certificate may be established to reflect such change. The existing certificate and the evidence upon which the new certificate was based shall 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.
(7) Documentary Evidence -- Requirements. To be acceptable for filing, the name of the registrant and the date and place of birth entered on a delayed certificate of birth shall be supported by at least:
(a) Two pieces of documentary evidence, only one of which may be an affidavit of personal knowledge, if the record is filed within seven years after the date of birth;
(b) Three pieces of documentary evidence, only one of which may be an affidavit of personal knowledge, if the record is filed seven years or more after the date of birth. Facts of parentage shall be supported by at least one document which may be one of the above documents.
(8) Documentary Evidence -- Acceptability. The State Registrar may establish a priority of best evidence:
(a) Documents presented, such as census, hospital, church, and school records, must be from independent sources and shall be in the form of the original record or a duly certified copy thereof or a signed statement from the custodian of the record or document;
(b) All documents submitted in evidence, other than an affidavit of personal knowledge, must have been established at least ten years prior to the date of application or have been established prior to the applicant's tenth birthday;
(c) An affidavit of personal knowledge, to be acceptable, must be signed before an official authorized to administer oaths. In all cases, the affiant must be at least ten years older than the applicant and have personal knowledge of the facts of birth.
(9) Abstraction of Documentary Evidence. The State Registrar, or the Registrar's designated representative, shall abstract on the delayed certificate of birth a description of each document submitted to support the facts shown on the delayed birth certificate. This description shall include:
(a) The title or description of the document;
(b) The name and address 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;
(d) The information regarding the birth facts contained in the document;
(e) All documents submitted in support of the delayed birth registration shall be returned to the applicant after review.
(10) Certification by the State Registrar. The State Registrar, or the Registrar's designated representative, shall, by signature, certify:
(a) That no prior birth certificate is on file for the person whose birth is to be recorded;
(b) That he or she has reviewed the evidence submitted to establish the facts of birth;
(c) That the abstract of the evidence appearing on the delayed certificate of birth accurately reflects the nature and content of the document.
(11) Dismissal After One Year. Applications for delayed certificates which have not been completed within one year from the date of application may be dismissed at the discretion of the State Registrar.
Stat. Auth.: ORS 432.140
Stats. Implemented: ORS 432.140
Hist.: HB 193, f. 11-18-66; HD 24-1981, f. & ef. 11-17-81; HD 2-1985, f. & ef. 2-19-85
333-011-0047
New Certificate of Birth Following Adoption, Legitimation, Paternity Determination, and Paternity Acknowledgement
(1) Legitimation. If the natural parents marry after the birth of a child, a new certificate of 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 natural parents of said child together with a certified copy of the parents' marriage record. However, if another man is shown as the father of the child on the original certificate, a new certificate may be prepared only when a determination of paternity is made by a court of competent jurisdiction or following adoption.
(2) Determination of Paternity. A new certificate of 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 surname of the child is not decreed by the court, the request for the new certificate shall specify the surname to be placed on the certificate.
(3) Acknowledgement of Paternity. A new certificate of birth shall be prepared by the State Registrar for a child born out of wedlock in this State upon receipt of a sworn acknowledgement of paternity signed by both parents and a written request by both parents that the child's surname be changed on the certificate. However, if another man is shown as the father of the child on the original certificate, a new certificate may be prepared only when a determination of paternity is made by a court of competent jurisdiction or following adoption.
(4) New Certificate. The new certificate of birth prepared after adoption, legitimation, determination of paternity, or acknowledgement of paternity 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 certificate;
(c) The names and personal particulars of the adoptive parents or the natural parents whichever is appropriate;
(d) The name of the attendant, printed or typed;
(e) The birth number assigned to the original birth certificate;
(f) The original filing date;
(g) The information necessary to locate the existing certificate and to complete the new certificate shall be submitted to the State Registrar on forms prescribed or approved by the State Registrar.
(5) Existing Certificate to be Placed in a Special File. After preparation of the new certificate, the existing certificate and the evidence upon which the new certificate was based are to be placed in a special file. Except as provided in subsection (5)(a) of this rule, 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.
Stat. Auth.: ORS 432.230, 432.287 & 432.289
Stats. Implemented: ORS 432.230, 432.287 & 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
333-011-0048
Voluntary Acknowledgement of Paternity
The following procedures are established for the voluntary acknowledgement of paternity:
(1) A witnessed paternity affidavit is established for completion in a health care facility where births occur. This form will be assigned number 45-31. This form will not replace the paternity affidavit 45-21 form which has notarized signatures for the parents. The function and uses of form 45-21 remain in effect. Any voluntary acknowledgement paternity form establishes paternity, and the establishment of paternity shall be a rebuttable presumption.
(2) Form 45-31 can be used by unwed biological parents if the mother was not married to someone else at the time of birth, time of conception or any time between and if completed after the time of birth. It must be witnessed by a member of the hospital staff. It must be filed with the original birth certificate within seven days after birth. It can only be completed for filing while the mother is admitted for this birth. If it does not accompany the birth certificate, if it is not witnessed by a hospital staff member of the birth facility or if it is not complete, this form will not be accepted and the father's information will not be placed on this birth certificate. Completion of this form and giving it to the hospital birth certificate staff for filing is the responsibility of the biological parents.
(3) A rights and responsibility statement will be part of form 45-31 in accordance with federal requirements. Language in the statement will be jointly approved by representatives of Support Enforcement and the Public Health Division. The parents signing the form will be asked to acknowledge this rights and responsibility statement.
(4) Form 45-31 will contain all information necessary to comply with existing federal and state laws and regulations for determination and recording of paternity.
(5) Within one year of filing the voluntary acknowledgement of paternity form, either party to the form may reopen the issue of paternity by requesting genetic parentage tests, but only if such tests have not previously been completed.
(6) All questions regarding acceptability of a completed form are determined by the State Registrar for Vital Statistics. Appeals of decisions of determination of the State Registrar will be made under ORS 183.480 to 183.484.
Stat. Auth.: ORS 432.206 & 432.287
Stats. Implemented: ORS 432.287
Hist.: HD 11-1995, f. & cert. ef. 11-21-95
333-011-0061
Amendment of Vital Records
(1) All Amendments. Unless otherwise provided in these regulations or in the statute, all amendments to vital records shall be supported by:
(a) An affidavit setting forth:
(A) Information to identify the certificate;
(B) The incorrect data as it is listed on the certificate;
(C) The correct data as it should appear.
(b) One or more 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;
(c) 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.
(2) Who May Apply:
(a) To amend a birth certificate, 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 certificate;
(b) To amend a death certificate, application may be made by the next of kin or the funeral director or person acting as such who signed the death certificate. 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) To amend certificates of marriage and reports of dissolution of marriage a signed statement must be received from the custodian of the official record from which the report or certificate was prepared, stating in what manner such record has been amended. Those items appearing on the dissolution of marriage record which are not a part of the dissolution of marriage decree may be amended either upon query by the State Registrar or application of the parties to the dissolution of marriage or their legal representatives;
(d) To amend declarations of Oregon registered domestic partnership and reports of dissolution of domestic partnership a signed statement must be received from the custodian of the official record from which the declaration or record was prepared, stating in what manner such record has been amended. Those items appearing on the dissolution of domestic partnership record which are not a part of the dissolution of domestic partnership decree may be amended either upon query by the State Registrar or application of the parties to the dissolution of domestic partnership or their legal representatives.
(3) Amendment of Registrant's First, Middle and Last Names on Birth Certificates Within the First Year. Until the registrant reaches the age of one year first, middle, and last names may be amended upon written request of:
(a) Both parents; or
(b) The mother in the case of a child born out of wedlock or in the case of the death or incapacity of the father; or
(c) The father in the case of the death or incapacity of the mother; or
(d) The legal guardian or agency having legal custody of the registrant.
(4) Amendment of Registrant’s First, Middle and Last Names on Birth Certificates 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 certificate.
(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 certificate after one year from date of birth.
(5) Addition of First, Middle and Last Name of a Registrant on a Birth Certificate.
(a) Until the registrant's seventh birthday, first, middle and last names, for a child whose birth was recorded without such names, may be added to the certificate upon written request of:
(A) Both parents; or
(B) The mother in the case of a child born out of wedlock or in the case of death or incapacity of the father; or
(C) The father in the case of the death or incapacity of the mother; 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.
(6) Amendment of Parents’ Information on Birth Certificates. 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.
(7) Medical Items on Death Certificates. All items of a medical nature may be amended only upon receipt of a signed statement from those persons responsible for the completion of such items. The State Registrar may require documentary evidence to substantiate the requested amendment.
(8) Amendment of the Same Item More Than Once. Once an amendment of a non-medical item is made on a vital record, that item shall not be amended again except upon receipt of a court order from a court of competent jurisdiction.
(9) Amendment of Minor Errors on Birth Certificates During the First Year. Amendment of obvious errors, transposition of letters in words of common knowledge, or omissions may be made by the State Registrar within one year after the date of birth either upon the State Registrar's observation or upon request of one of the parents, the legal guardian, or the individual responsible for filing the certificate. The certificate shall not be marked "Amended".
(10) Methods of Amending Certificates. Certificates of birth, death, marriage, reports of dissolution of marriage, declaration of Oregon registered domestic partnership and dissolution of domestic partnership may be amended by the State Registrar in the following manner:
(a) Preparing a new certificate showing the correct information when the State Registrar deems that the nature of the amendment so requires:
(A) The new certificate shall be prepared on the form used for registering current events at the time of amendment. Except as provided elsewhere in these regulations, the item that was amended shall be identified on the new certificate;
(B) In all cases, the new certificate shall show the date the amendment was made and be given the same state file number as the existing certificate. Signatures appearing on the existing certificate shall be typed on the new certificate.
(b) Completing the item in any case where the item was left blank on the existing certificate;
(c) Drawing a single line through the item to be amended and inserting the correct data immediately above or to the side thereof. The line drawn through the original entry shall not obliterate such entry;
(d) Completing a special form for attachment to the original record. Such form shall include the incorrect information as it appears on the original certificate, the correct information as it should appear, an abstract of the documentation used to support the amendment, and sufficient information about the registrant to link the special form to the original record. When a copy of the original record is issued, a copy of the amendment must be attached;
(e) A certificate of birth amended for gender shall be amended by preparing a new certificate. The item that was amended shall not, however, be identified on the new certificate or on any certified copies that may be issued of that certificate;
(f) In all cases, there shall be inserted on the certificate 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 regulation, the certificate shall be marked "Amended".
Stat. Auth.: ORS 432.235
Stats. Implemented: ORS 432.235
Hist.: HB 169, f. & ef.
10-16-63; HD 24-1981, f. & ef. 11-17-81; HD 2-1985, f. & ef. 2-19-85; PH
16-2011, f. 12-28-11, cert. ef. 1-1-12
333-011-0067
Infants of Unknown Parentage; Foundling Registration
The report for an infant of unknown parentage shall be registered on a regular certificate of live birth and shall:
(1) Have "foundling" plainly marked in the top margin of the certificate;
(2) Show the required facts as determined by approximation and have parentage data left blank;
(3) Show the signature and title of the custodian in lieu of the attendant. When a report has been placed in a special file as provided by ORS 432.430(4), the State Registrar may inspect such information for purposes of properly administering the vital statistics program.
Stat. Auth.: ORS 432.230
Stats. Implemented: ORS 432.230
Hist.: HD 24-1981, f. & ef. 11-17-81
333-011-0072
Death Registration
(1) Acceptance of Incomplete Death Certificate. If all the information necessary to complete a death certificate is not available within the time prescribed for filing of the certificate, the funeral director shall file the certificate completed with all information that is available. In all cases the medical certification must be signed by the person responsible for such certification. If the cause of death is unknown or undetermined, the cause of death shall be shown as such on the certificate:
(a) A supplemental report providing the information missing from the original certificate shall be filed with the State Registrar as soon as possible, but in all cases within 30 days of the date the death occurred;
(b) The supplemental information shall be made a part of the existing death certificate. Such report shall be considered an amendment, and the death certificate shall be marked "Amended".
(2) Hospital or Institution May Assist in Preparation of Certificate. When a death occurs in a hospital or other institution and death is not under the jurisdiction of the medical examiner, the person in charge of such institution, or that person's designated representative, may initiate the preparation of the death certificate as follows:
(a) Place the full name of the decedent and the date and place of death on the death certificate and obtain from the attending physician the medical certification of cause of death and the physician's signature;
(b) Present the partially completed death certificate to the funeral director or person acting as such.
Stat. Auth.: ORS 432.307
Stats. Implemented: ORS 432.307
Hist.: HD 24-1981, f. & ef. 11-17-81
333-011-0073
Delayed Registration of Death
The registration of a death after the time prescribed by statute and regulations shall be registered on the regular certificate of death form in the manner prescribed below:
(1) If the attending physician or medical examiner, at the time of death and the attending funeral director or person who acted as such are available to complete and sign the certificate of death, it may be completed without additional evidence and filed with the State Registrar. For those certificates filed one year or more after the date of death, the physician or medical examiner, and the funeral director or person who acted as such must state in accompanying affidavits that the information on the certificate is based on records kept in their files.
(2) In the absence of the attending physician or medical examiner, and the funeral director or person who acted as such, the certificate may be filed by the next of kin of the decedent and shall be accompanied by:
(a) An affidavit of the person filing the certificate swearing to the accuracy of the information on the certificate;
(b) Two documents which identify the decedent and his or her date and place of death;
(c) A statement from the Office of the Medical Examiner indicating that office has reviewed the affidavit and documents;
(d) In all cases, the State Registrar may require additional documentary evidence to prove the facts of death;
(e) A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the certificate.
Stat. Auth.: ORS 432.307
Stats. Implemented: ORS 432.307(8)
Hist.: HD 24-1981, f. & ef. 11-17-81; HD 2-1985, f. & ef. 2-19-85
333-011-0076
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 a dead body 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 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 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) A dead body 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 432.317
Stats. Implemented: ORS 432.317
Hist.: HB 169, f. & ef. 10-16-63; HD 24-1981, f. & ef. 11-17-81
333-011-0096
Disclosure of Records
To protect the integrity of vital records:
(1) The State Registrar or other custodians of vital records shall not permit inspection of, or disclose information contained in birth or death records, or copy or issue a copy of all or part of any such record unless he or she is satisfied that the applicant has a direct and tangible interest in such record:
(a) The registrant, a member of his or her immediate family, his or her guardian, or their respective legal representatives shall be considered to have a direct and tangible interest. For death records others may demonstrate a direct and tangible interest when information is needed for determination or protection of a person or property right;
(b) The term "legal representative" shall include an attorney, physician, funeral director, or other authorized agent acting in behalf of the registrant or his or her family.
(2) Marriage and dissolution of marriage records shall be open to public inspection.
(3) The State Registrar may permit the use of data from vital statistics records for statistical or research purposes, subject to such conditions as the State Registrar may impose. No data shall be furnished from records for research purposes until the State Registrar has prepared in writing the conditions under which the records or data will be used and received an agreement signed by a responsible agent of the research organization agreeing to meet with and conform to such conditions.
(4) The State Registrar or the local custodian may disclose data from vital statistics records to federal, state, county, or municipal agencies of government which request such data in the conduct of their official duties.
(5) The State Registrar or local custodian shall not issue a certified copy of a record until a formal application has been received from the applicant. Whenever it shall be deemed necessary to establish an applicant's right to information from a vital record, the State Registrar or local custodian may also require identification of the applicant or a sworn statement.
(6) Nothing in this Regulation shall be construed to permit disclosure of information contained in the "Information for Medical and Health Use Only" section of the birth certificate unless specifically authorized by the State Registrar for statistical or research purposes or if authorized by a court of competent jurisdiction.
(7) When 100 years have elapsed after the date of birth or 50 years have elapsed after the date of death, marriage, or dissolution of marriage such records in the custody of the State Registrar shall become public records and any person may obtain copies of such records, upon submission of an application containing sufficient information to locate the record. For the same fee as is charged for the issuance of certified copies or a search of the file for other records in his or her possession.
Stat. Auth.: ORS 432.121
Stats. Implemented: ORS 432.121
Hist.: HB 169, f. & ef. 10-16-63; HD 24-1981, f. & ef. 11-17-81; HD 2-1985, f. & ef. 2-19-85
333-011-0101
Copies of Data From 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 birth certificate shall not be included.
(2) When a certified copy is issued, it shall be certified as a true copy 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) When the State Registrar finds evidence that a certificate was registered through misrepresentation or fraud, he or she shall have authority to withhold the issuance of a certified copy of such certificate until a court determination of the facts has been made.
(5) The State Registrar shall determine the minimum information needed to locate and identify a particular record within the files.
(6) 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 certificate 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.
(7) The county registrar shall forward death records that have been registered at the county to the State Registrar within three business days of the date registered by the county registrar. 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 fourteen 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. After the death record is registered in the state vital records system, 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.
(8) The county registrar shall forward any completed original birth records received to the State Registrar immediately for registration at the state.
(9) County registrars may apply to the State Registrar for authorization to issue certified copies of birth certificates for a period not to exceed six months from the date of birth. The application shall specify local needs and interests which the issuance would serve. If approved, 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.
Stat. Auth.: ORS 432.010, 432.085
& 432.121
Stats. Implemented: ORS 432.010,
432.085 & 432.121
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
333-011-0106
Fees
(1) The fee for a full certified copy of a vital statistics record or for an abbreviated birth or death certificate shall be $20. Additional copies of each record ordered at the same time shall have a fee of $15 per certificate.
(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 or abbreviated certificate.
(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 birth certificate under the provisions of ORS 432.140, 432.142, 432.230 432.290 and 432.414 due 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 birth certificate. 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 birth certificate 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 certificate, 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 death certificate.
(9) A fee of $5.50 shall be paid to expedite the search and filling of an order for a certificate when the order is placed by telephone, fax 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 certificates to be used in research approved by the State Registrar shall be $20 for quantities less than one hundred certificates. If the quantity is one hundred or more the following scale shall apply:
(a) If a listing is supplied which provides year and certificate 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 ten 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, 432.121(2)(f), 432.146 & 432.266
Stats. Implemented: ORS 432.146 & 432.266
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
333-011-0110
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 432.337
Stats. Implemented: ORS 432.337
Hist.: HB 228, f. 11-5-69; HD 24-1981, f. & ef. 11-17-81
333-011-0116
Delayed Registration of Marriage
The registration of a marriage one year or more after the time prescribed by statute shall be made on the regular certificate of marriage form in the manner prescribed below:
(1) The certificate must be filed with the county clerk where the marriage license was originally issued;
(2) To be acceptable for registration by the State Registrar the delayed certificate of marriage must be supported by:
(a) A copy of the license or of the application for license if the license was granted;
(b) A signed statement from the officiant or the custodian of the official record and from one witness to the wedding ceremony proving that a marriage ceremony was performed and the date and place of the marriage. In all cases, the State Registrar may require additional documentary evidence to prove the facts of marriage.
Stat. Auth.: ORS 432.405
Stats. Implemented: ORS 432.405
Hist.: HD 24-1981, f. & ef. 11-17-81; HD 2-1985, f. & ef. 2-19-85
333-011-0155
Reporting Teen Suicide Attempts
Hospitals will report attempted suicides by persons under 18 using the following procedures:
(1) Oregon Public Health Division, Teen Suicide Attempt Report Form 45-119 will be used to report statistical data on each individual that is treated in response to an attempted suicide.
(2) Definitions:
(a) Suicide attempt is self-inflicted injury or condition specified as intentional;
(b) Treatment may consist of medical care or psychiatric intervention.
(3) Oregon Public Health Division, Teen Suicide Attempt: Zero Attempts Form 45-120 will be used by the hospital to inform the Center for Health Statistics that no patients were treated under ORS Chapter 189 during the current reporting period. This eliminates call-backs from the Public Health Division to verify reporting procedures.
(4) Reports should be mailed no later than the 15th of the month for the previous month's suicide attempts.
(5) The hospital administrator or designee shall designate a contact person for this reporting, and provide the name, and title to the State Registrar.
(6) Electronic reporting or transmission of the data in lieu of paper reports may be allowable with the permission of the State Registrar.
[ED. NOTE: The form(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 441.750
Stats. Implemented: ORS 441.750
Hist.: HD 27-1987, f. 12-31-87, cert. ef. 1-1-88
333-011-0200
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" filed with 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 certificate, 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 432.266
Stats. Implemented: ORS 432.266
Hist.: PH 27-2006, f. 11-30-06, cert. ef. 12-1-06
The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use