Oregon Revised Statutes
As used in this chapter, unless the context requires otherwise: “Acknowledged parent” has the meaning given that term in ORS 109.002. “Alkaline hydrolysis” or “hydrolysis” means the technical process for reducing human remains by placing the remains in a dissolution chamber that uses heat, pressure, water and base chemical agents, in a licensed hydrolysis …
There is established in the Oregon Health Authority the Center for Health Statistics, which shall maintain, operate and advance the system of vital statistics throughout this state in cooperation with appropriate units of county government. The Center for Health Statistics shall be responsible for the proper administration of the system of vital statistics a…
The State Registrar of the Center for Health Statistics, under the supervision of the Director of the Oregon Health Authority, shall adopt rules in accordance with ORS chapter 183 that are necessary to the installation and efficient performance of an adequate system of vital statistics.
The Director of the Oregon Health Authority shall appoint the State Registrar of the Center for Health Statistics who shall qualify in accordance with standards of education and experience as the director shall determine.
The State Registrar of the Center for Health Statistics, with the approval of the Director of the Oregon Health Authority, may appoint, when necessary, assistant state registrars who shall be assistants to the state registrar.
The State Registrar of the Center for Health Statistics shall: Administer and enforce the provisions of this chapter and the rules adopted under this chapter, and issue orders for the efficient administration of the system of vital statistics. Direct and supervise the system of vital statistics and the Center for Health Statistics, and be custodian of its …
The Legislative Assembly finds that: The system of vital statistics supports civil registration and creates information that is used for public health, health research, national security, statistical and administrative purposes; Civil registration of each vital event that occurs within this state is carried out primarily for the purpose of establishing leg…
The State Registrar of the Center for Health Statistics shall designate for each county a government employee or, to the extent allowed under state and federal law, an employee of a local public health authority as defined in ORS 431.003, to act as a county registrar. In consultation with the state registrar, each county registrar may designate one or more d…
REPORTS (Generally)
A person having knowledge of the facts shall furnish all information the person may possess regarding a live birth, death, fetal death, induced termination of pregnancy, marriage, declaration of domestic partnership or dissolution of marriage or domestic partnership upon demand of the State Registrar of the Center for Health Statistics. A person required to…
(Keeping of Information Necessary to Submit Reports)
A person in charge of an institution shall keep a record of personal data concerning each person admitted or confined to the institution. The record shall include information as required for the reports of live birth, death, fetal death or induced termination of pregnancy required by this chapter. The record shall be made at the time of admission from inform…
(Reports of Live Birth)
A report of live birth for each live birth that occurs in this state shall be submitted to the Center for Health Statistics, or as otherwise directed by the State Registrar of the Center for Health Statistics, within five calendar days after the live birth and shall be registered if the report has been completed and filed in accordance with this section. Th…
Any health care facility as defined in ORS 442.015 shall make available to the parent who gave birth to a child and the alleged genetic parent of any child born live or expected to be born in the health care facility, a voluntary acknowledgment of parentage form when the facility has reason to believe that the parent who gave birth to the child is unmarried.…
The State Registrar of the Center for Health Statistics shall adopt by rule forms for the voluntary acknowledgment of parentage. A valid acknowledgment of parentage is not affected by a later modification of the form. The form must include the minimum requirements specified by the Secretary of the United States Department of Health and Human Services and be …
A determination of paternity or parentage by another state is entitled to full faith and credit.
A person who assumes the custody of a child of unknown parentage shall report on a form and in a manner prescribed by the State Registrar of the Center for Health Statistics, within five calendar days of assuming custody, to the state registrar the following information: The date and the city or county, or both, where the child was found. Sex and approxima…
When a report of live birth of a person born in this state has not been registered within one year after the date of birth, a delayed report of live birth may be submitted in accordance with rules of the State Registrar of the Center for Health Statistics. No delayed report shall be registered until the evidentiary requirements as specified by rule have been…
If the State Registrar of the Center for Health Statistics refuses to register a report of live birth or a delayed report of live birth under the provisions of ORS 432.088 or 432.113, the applicant may file a signed and sworn petition with a court of competent jurisdiction seeking an order establishing a record of the date and place of live birth and the par…
(Reports of Death and Fetal Death)
A report of death for each death that occurs in this state must be submitted through the state electronic reporting system to the Center for Health Statistics, or as otherwise directed by the State Registrar of the Center for Health Statistics, within five calendar days after death or the finding of a dead body and before final disposition, and must be regis…
A death may be registered by the Chief Medical Examiner as specified in ORS 432.133 (8) or (9) upon receipt of an order from a court of competent jurisdiction. A court order that establishes a record of death shall include all of the following information: The decedent’s full legal name; The date of the decedent’s death as determined from evidence present…
From resources available to the Oregon Health Authority, the authority shall compile statistics on the total number of opioid and opiate overdoses and the total number of opioid and opiate overdose related deaths occurring in this state. Not less than once every three months, the authority shall report to the Governor and each local health department, as de…
A report of each fetal death of 350 grams or more or, if the weight is unknown, of 20 completed weeks gestation or more, calculated from the date the last normal menstrual period began to the date of the delivery, that occurs in this state shall be submitted within five calendar days after the delivery to the Center for Health Statistics or as otherwise dire…
The State Registrar of the Center for Health Statistics shall establish a Commemorative Certificate of Stillbirth. The certificate shall be signed by the state registrar. The state registrar shall issue a Commemorative Certificate of Stillbirth for a stillbirth occurring on or after January 1, 1999, upon: Request of a genetic parent of the stillborn fetus;…
The reports required under ORS 435.496 are statistical reports to be used only for medical and health purposes and shall not be incorporated into the permanent official records of the system of vital statistics. A schedule for the disposition of these reports may be provided by rule of the State Registrar of the Center for Health Statistics.
Human remains shall be disposed of in accordance with ORS chapter 97. The funeral service practitioner or person acting as a funeral service practitioner who first assumes possession of a dead body or fetus shall submit written notice to the county registrar in the county in which death occurred or in which the dead body or fetus was found within 24 hours o…
Upon such conditions as the State Registrar of the Center for Health Statistics may prescribe to ensure compliance with the purposes of this chapter, by rule the state registrar may provide for the extension, not to exceed 60 days, of the periods prescribed in ORS 432.133, 432.143 and 432.158 for the submission of a report of death or fetal death and related…
(Reports of Marriage, Domestic Partnership, Dissolution of Marriage and Dissolution of Domestic Partnership)
A report of each marriage performed and domestic partnership registered by the state shall be submitted to the Center for Health Statistics. The State Registrar of the Center for Health Statistics shall register a marriage or domestic partnership if the report of marriage or domestic partnership has been completed and submitted in accordance with this sectio…
The State Registrar of the Center for Health Statistics may register a marriage one year or more after the date of the marriage ceremony if: The report of marriage is submitted by the county clerk or county official responsible for issuing marriage licenses; and The report of marriage indicates that the registration is delayed and identifies the date of re…
A report of each dissolution of marriage or dissolution of domestic partnership by a court of competent jurisdiction in this state shall be submitted by the clerk of the court to the Center for Health Statistics. The State Registrar of the Center for Health Statistics shall register the dissolution of marriage or dissolution of domestic partnership if the re…
(Reports Related to Adoption)
For each judgment of adoption entered by a court of competent jurisdiction in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics. The report of adoption must: Include facts that the state registrar deems necessary to locate and identify the…
Upon receipt of a written application to the State Registrar of the Center for Health Statistics, an adopted person 21 years of age and older born in this state shall be issued a certified copy of the person’s unaltered, original and unamended record of live birth in the custody of the state registrar, with procedures, filing fees, and waiting periods as pre…
AMENDMENTS TO VITAL RECORDS
A vital record registered under this chapter must be amended or corrected in accordance with this section or rules adopted by the State Registrar of the Center for Health Statistics for the purpose of protecting the integrity and accuracy of vital records. A vital record that is amended or corrected under this section shall indicate that it has been amended…
For a person born in this state, the State Registrar of the Center for Health Statistics shall amend a record of live birth and establish a replacement for the record of live birth if the state registrar receives one of the following: A report of adoption as provided in ORS 432.223 or a certified copy of the judgment of adoption from a court of competent ju…
The documents forwarded to the State Registrar of the Center for Health Statistics or sealed under ORS 432.245 may be opened by the state registrar only upon receiving an order from a court of competent jurisdiction or when requested by an agency operating a voluntary adoption registry established under ORS 109.450 for the purpose of facilitating the identif…
If an original record of live birth for a person at least 21 years of age was sealed under ORS 432.245 and was later opened under ORS 432.228 or 432.250, and the paternity or parentage of the person has been determined by DNA (deoxyribonucleic acid) testing or by other means, the person may apply to the Center for Health Statistics to add or change the name …
PRESERVATION OF VITAL RECORDS
In consultation with the State Archivist, the State Registrar of the Center for Health Statistics shall develop and implement a preservation management program to preserve vital record documents and information and meet generally accepted standards for permanent preservation. The state registrar shall prepare typewritten, photographic, electronic or other r…
EXEMPTION FROM PUBLIC DISCLOSURE
Vital records and reports, and documents, data and information related to vital records and reports, are exempt from public disclosure under ORS 192.311 to 192.478. Except as provided in this section and ORS 432.380 or rules adopted by the State Registrar of the Center for Health Statistics as described in paragraph (b) of this subsection, a person may not d…
Notwithstanding any other provision of law, a document recording a death filed in conjunction with owning or having a claim or interest in land that is in the custody of a county clerk or county recording officer is open and subject to full disclosure. A county clerk or county recording officer may not record a document that records a death filed in conjunct…
Except as provided in subsection (2) of this section, notwithstanding any other provision of law, all marriage and domestic partnership records and all records of dissolution of marriage and dissolution of domestic partnership in the custody of a county clerk or county recording officer and all records of dissolution of marriage and dissolution of domestic p…
A certified copy of a record of live birth or any part of a record of live birth that is issued under this section shall be considered the same as the original record of live birth and is prima facie evidence of the facts stated on the certified copy. However, the evidentiary value of a certified copy of a record of live birth submitted more than one year af…
When the State Registrar of the Center for Health Statistics receives information that a record may have been registered, amended or corrected through fraud or misrepresentation, the state registrar may withhold issuance of certified copies related to that record pending an inquiry by appropriate authorities to determine whether fraud or misrepresentation ha…
FEES AND SALES
Except as provided in ORS 432.445 and subsection (2) of this section, the Oregon Health Authority shall establish fees for the services provided under this chapter. The State Registrar of the Center for Health Statistics shall search the system of vital statistics and issue certified copies or other documents, as appropriate, without charge if the search or…
The Oregon Health Authority shall adopt, taking into consideration local service needs and interests, rules to allow a county registrar to sell, within six months of the date of the event occurring in the county, certified copies of records of live birth and death.
The State Registrar of the Center for Health Statistics shall issue upon request and upon payment of a fee in an amount set by the state registrar a record of live birth representing that the birth of the person named on the record of live birth is recorded in the office of the state registrar. The record of live birth issued under this section shall be in a…
The Oregon Health Authority shall establish a grant program for the purpose of allowing an individual who is homeless to obtain a certified copy of the individual’s record of live birth at a reduced rate or free of charge. In administering the program, the authority: Shall award grants to state, regional and local agencies and organizations listed in ORS 4…
There is established in the State Treasury, separate and distinct from the General Fund, the Birth Certificates for Homeless Persons Fund. Interest earned by the Birth Certificates for Homeless Persons Fund shall be credited to the fund. All moneys in the Birth Certificates for Homeless Persons Fund are continuously appropriated to the Oregon Health Authorit…
As used in ORS 432.510 to 432.550 and 432.900: “Clinical laboratory” means a facility where microbiological, serological, chemical, hematological, immunohematological, immunological, toxicological, cytogenetical, exfoliative cytological, histological, pathological or other examinations are performed on material derived from the human body, for the purpose o…
The Oregon Health Authority shall establish a uniform, statewide, population-based registry system for the collection of information determining the incidence of cancer and benign or borderline tumors of the brain and central nervous system and related data. The purpose of the registry is to provide information to design, target, monitor, facilitate and eval…
Except as provided in subsection (2) of this section, any health care facility in which patients are diagnosed or provided treatment for cancer or benign or borderline tumors of the brain and central nervous system shall report each case of cancer or benign or borderline tumors of the brain and central nervous system to the Oregon Health Authority or its aut…
All identifying information regarding individual patients, health care facilities and practitioners reported pursuant to ORS 432.520 shall be confidential and privileged. Except as required in connection with the administration or enforcement of public health laws or rules, no public health official, employee or agent shall be examined in an administrative o…
The Oregon Health Authority shall adopt rules under which confidential data may be used by third parties to conduct research and studies for the public good. Research and studies conducted using confidential data from the statewide registry must be reviewed and approved by the Committee for the Protection of Human Research Subjects established in accordance …
No action for damages arising from the disclosure of confidential or privileged information may be maintained against any person, or the employer or employee of any person, who participates in good faith in the reporting of registry data for cancer or benign or borderline tumors of the brain and central nervous system or data for cancer morbidity or mortalit…
Nothing in ORS 432.510 to 432.550 and 432.900 shall prohibit a health care facility from operating its own registry for cancer and benign or borderline tumors of the brain and central nervous system or require a health care facility to operate its own registry for cancer and benign or borderline tumors. Note: See note under 432.500. MATERNAL MORTALITY AND …
As used in this section: “Maternal mortality” means the pregnancy-related death of a person within 365 days after the end of the pregnancy. “Severe maternal morbidity” includes pregnancy-related outcomes that result in significant short-term or long-term consequences to a person’s health. The Maternal Mortality and Morbidity Review Committee is establishe…
In addition to any other liability or penalty provided by law, the Director of the Oregon Health Authority may impose a civil penalty on any person for willful failure to comply with any part of ORS 432.520. A civil penalty may be imposed against a health care facility for each day compliance is refused. The penalty shall be $50 per day for the first 30 days…
A person commits the crime of unlawful use of a vital record or report if the person willfully and knowingly: Makes a false statement to the State Registrar of the Center for Health Statistics in a report or application described in this chapter; Without lawful authority and with intent to deceive, makes, counterfeits, alters, amends or mutilates a record,…
The Director of the Oregon Health Authority may impose a civil penalty in an amount not to exceed $10,000 for each violation described in ORS 432.993. Moneys received by the authority from civil penalties imposed under this section shall be deposited in the General Fund and are available for general governmental expenses. Civil penalties under this section …
A person commits the crime of obstructing the keeping of vital records or reports if the person knowingly and willfully: Refuses to provide information required by this chapter or rules adopted under this chapter; Transports or accepts for transportation, interment or other disposition a dead body without an accompanying permit as provided in this chapter;…