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Chapter 4322017 EDITION

Vital Statistics

SYSTEM OF VITAL STATISTICS432.005 Definitions432.010 Center for Health Statistics; standards432.015 Rules432.020 State registrar; appointment432.025 Assistant state registrars432.030 Duties of state registrar432.033 Duties of state registrar related to confi-

dentiality and security432.035 County registrars

REPORTS

(Generally)432.075 Duty to report information to state regis-

trar; immunity

(Keeping of Information Necessary to Submit Reports)

432.083 Requirements for institutions, health carepractitioners and persons who transportdead bodies

(Reports of Live Birth)432.088 Mandatory submission and registration of

reports of live birth; persons required toreport; rules

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

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

432.103 Full faith and credit432.108 Report of live birth for child of unknown

parentage432.113 Delayed reports of live birth; rules432.118 Procedure for contesting refusal to regis-

ter report of live birth or delayed reportof live birth; rules

(Reports of Death and Fetal Death)432.133 Mandatory submission and registration of

reports of death; persons required to re-port

432.138 Court orders for records of death432.141 Annual reporting of opiate and opioid

overdoses432.143 Mandatory submission and registration of

reports of fetal death; persons required toreport; rules

432.148 Commemorative Certificate of Stillbirth;rules

432.153 Status of reports under ORS 435.496; rules432.158 Disposition of remains; rules432.163 Extensions for submitting reports of death

or fetal death

(Reports of Marriage, Domestic Partnership, Dissolution of Marriage and Dissolution of

Domestic Partnership)432.173 Mandatory submission and registration of

reports of marriage and reports of domes-tic partnership; persons required to report

432.178 Delayed report of marriage432.183 Mandatory submission and registration of

reports of dissolution of marriage and re-ports of dissolution of domestic partner-ship; clerk of court to submit; rules

(Reports Related to Adoption)432.223 Reports of adoption; reports of amend-

ments or annulments to judgment ofadoption; persons required to report; rules

432.228 Issuance of certified copy of record of livebirth to adopted persons; Contact Prefer-ence Form

AMENDMENTS TO VITAL RECORDS432.235 Requirements for amending or correcting

vital record432.245 Replacing records of live birth; restoring

records of live birth432.250 Access to adoption records

PRESERVATION OF VITAL RECORDS432.295 Preservation program; reproductions of

vital records; availability; rules

EXEMPTION FROM PUBLICDISCLOSURE

432.350 Vital records exempt from public disclo-sure; exceptions; rules

432.355 Disclosure of death filed in conjunctionwith claims or interests in land

432.360 Records of dissolution of marriage anddissolution of domestic partnership sub-ject to full disclosure; exemption

CERTIFIED COPIES OF RECORDS432.380 Issuance of certified copies of records;

applicant qualifications

PROHIBITION AGAINST FRAUDULENTACTIVITY

432.385 Registering, amending or correcting re-cord through fraud; fraudulent use of re-cord

FEES AND SALES432.435 Fees432.440 County registrar sale of certified copies

of records of live birth and death; rules432.445 Issuance of additional record of live birth;

fee; form; distribution of funds received432.450 Grant program for issuance of certified

copy of record of live birth to individualwho is homeless; rules

432.455 Birth Certificates for Homeless PersonsFund

Title 36 (2017 Edition)

PUBLIC HEALTH AND SAFETY

CANCER AND TUMOR REGISTRYSYSTEM

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

pose; rulemaking; duties of Oregon HealthAuthority

432.520 Reporting requirement; review of records;special studies

432.530 Confidentiality of information432.540 Use of confidential data; rules432.550 Action for damages; license; disciplinary

action prohibited for good faith partic-ipation in reporting of data

432.570 No requirement or prohibition regardingoperation of separate cancer and tumorregistry

PENALTIES432.900 Civil penalty432.993 Unlawful use of vital record or report;

criminal penalty432.994 Unlawful use of vital record or report;

civil penalty432.995 Obstructing the keeping of vital records

or reports; criminal penalty


VITAL STATISTICS 432.005

SYSTEM OF VITAL STATISTICS432.005 Definitions. As used in this

chapter, unless the context requires other-wise:

(1) “Amendment” means a change to anitem that appears on a certified copy of a vi-tal record after a certified copy has been is-sued.

(2) “Authorized representative” means anagent designated in a written statementsigned by the registrant or other qualifiedapplicant, the signing of which was wit-nessed.

(3) “Certified copy” means the document,in either paper or electronic format, issuedby the State Registrar of the Center forHealth Statistics and containing all or a partof the information contained on the originalvital record, and which, when issued by thestate registrar, has the full force and effectof the original vital record.

(4) “Certified copy item” means any itemof information that appears on a certifiedcopy.

(5) “Certifier” means a person requiredto attest to the accuracy of information sub-mitted on a report.

(6) “Correction” means a change to anitem that is not included in a certified copyof a vital record, or a change to an item thatis included in a certified copy provided thatno certified copy has been issued.

(7) “Court of competent jurisdiction”means a court within the United States withjurisdiction over a person subject to regu-lation under this chapter.

(8) “Date of registration” means themonth, day and year a vital record is incor-porated into the official records of the Cen-ter for Health Statistics.

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

(10) “Electronic signature” means anelectronic sound, symbol or process attachedto or logically associated with a contract orother record that is executed or adopted bya person with the intent to attest to the ac-curacy of the facts in the record.

(11) “Government agency” means a unitof federal, state, local or tribal government.

(12) “Health research” means a system-atic study to gain information and under-standing about health, with the goal offinding ways to improve human health, thatconforms to or is conducted in accordancewith generally accepted scientific standardsor principles and that is designed to developor contribute to general scientific knowledge.

(13) “Facts of live birth” means the nameof the child, date of birth, place of birth, sexand parent’s name or parents’ names appear-ing on the record of live birth.

(14) “Fetal death” means death prior tothe complete expulsion or extraction from itsmother of a product of human conception,irrespective of the duration of pregnancy,that is not an induced termination of preg-nancy. The death is indicated by the factthat after such expulsion or extraction thefetus does not breathe or show any other ev-idence of life such as beating of the heart,pulsation of the umbilical cord or definitemovement of the voluntary muscles.

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

(16)(a) “Human remains” means a deadbody.

(b) “Human remains” does not includehuman ashes recovered after cremation.

(17)(a) “Induced termination ofpregnancy” means the purposeful inter-ruption of an intrauterine pregnancy withthe intention other than to produce a live-born infant and that does not result in a livebirth.

(b) “Induced termination of pregnancy”does not include management of prolongedretention of products of conception followingfetal death.

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

(19) “Interment” means the disposition ofhuman remains by entombment or burial.

(20) “Legal representative” means a li-censed attorney representing the registrantor other qualified applicant.

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

(22) “Medical certifier” means a physi-cian, physician assistant or nurse practi-


432.010 PUBLIC HEALTH AND SAFETY

tioner licensed under the laws of this stateor under the laws of Washington, Idaho orCalifornia who has treated a decedent withinthe 12 months preceding death.

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

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

(b) A funeral service practitioner whosubmits reports of death in another state ifthe funeral service practitioner is employedby a funeral establishment licensed in an-other state and registered with the StateMortuary and Cemetery Board under ORS692.270.

(24) “Person in charge of an institution”means the officer or employee who is re-sponsible for administration of an institution.

(25) “Personally identifiable information”means information that can be used to dis-tinguish or trace an individual’s identity or,when combined with other personal or iden-tifying information, is linked or linkable toa specific individual.

(26) “Physician” means a person author-ized to practice medicine, chiropractic or na-turopathic medicine under the laws of thisstate or under the laws of Washington, Idahoor California, a physician assistant licensedunder ORS 677.505 to 677.525 or a nursepractitioner licensed under ORS 678.375 to678.390.

(27) “Record” means a report that hasbeen registered by the state registrar.

(28) “Record of foreign live birth” meansa document registered by the state registrarfor a person born in a foreign country whomay or may not be a citizen of the UnitedStates and who was adopted under the lawsof this state.

(29) “Registration” means the process bywhich vital records and reports are acceptedand incorporated into the official records ofthe Center for Health Statistics.

(30) “Report” means a document, whetherin paper or electronic format, containing in-formation related to a vital event submittedby a person required to submit the informa-tion to the state registrar for the purpose ofregistering a vital event.

(31) “State” includes a state or territoryof the United States, the District of Colum-bia and New York City.

(32) “System of vital statistics” means:(a) The collection, registration, preserva-

tion, amendment, certification and verifica-

tion of, and the maintenance of the securityand integrity of, vital records;

(b) The collection of reports required bythis chapter; and

(c) Activities related to the activities de-scribed in paragraphs (a) and (b) of this sub-section, including the tabulation, analysis,dissemination and publication of vital statis-tics and training in the use of health data.

(33) “Verification” means confirmation ofthe information on a vital record based onthe facts contained in a report.

(34) “Vital record” means a report of alive birth, death, fetal death, marriage, dec-laration of domestic partnership, dissolutionof marriage or domestic partnership and re-lated data that have been accepted for regis-tration and incorporated into the officialrecords of the Center for Health Statistics.

(35) “Vital statistics” means the aggre-gated data derived from records and reportsof live birth, death, fetal death, induced ter-mination of pregnancy, marriage, declarationof domestic partnership, dissolution of mar-riage, dissolution of domestic partnership andsupporting documentation and related re-ports. [Subsections (1) and (2) enacted as 1973 c.829§15; 1983 c.709 §1; 1997 c.783 §1; 1999 c.254 §4; 1999 c.724§7; 2001 c.900 §154; 2007 c.99 §16; 2009 c.595 §604; 2013c.366 §1; 2014 c.45 §50; 2017 c.409 §14]

432.010 Center for Health Statistics;standards. (1) There is established in theOregon Health Authority the Center forHealth Statistics, which shall maintain, op-erate and advance the system of vital statis-tics throughout this state in cooperationwith appropriate units of county government.The Center for Health Statistics shall be re-sponsible for the proper administration of thesystem of vital statistics and for the preser-vation and security of its official records.

(2) In order to promote and maintain na-tionwide uniformity in the system of vitalstatistics, the forms for reports and recordsrequired by this chapter and the rulesadopted under this chapter must include, ata minimum, the items recommended by thefederal agency responsible for national vitalstatistics.

(3) Each report, record and other docu-ment required by this chapter shall be on aform or in a format prescribed by the StateRegistrar of the Center for Health Statistics.

(4) All records shall contain the date ofregistration.

(5) Information required in forms, reportsor records authorized by this chapter may besubmitted, verified, registered and stored byphotographic, electronic or other means asprescribed by the state registrar. [Amended by1983 c.709 §2; 1993 c.324 §2; 1997 c.783 §2; 2009 c.595 §605;2013 c.366 §2]



432.015 Rules. The State Registrar of theCenter for Health Statistics, under thesupervision of the Director of the OregonHealth Authority, shall adopt rules in accor-dance with ORS chapter 183 that are neces-sary to the installation and efficientperformance of an adequate system of vitalstatistics. [Amended by 1961 c.191 §4; 1983 c.709 §3;1997 c.783 §3; 2009 c.595 §606; 2013 c.366 §3]

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

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

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

(a) Administer and enforce the provisionsof this chapter and the rules adopted underthis chapter, and issue orders for the effi-cient administration of the system of vitalstatistics.

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

(c) Provide for the confidentiality and se-curity of the system of vital statistics.

(d) Direct, supervise and control the ac-tivities of all persons engaged in activitiespertaining to the operation of the system ofvital statistics.

(e) Develop and conduct training pro-grams to promote uniformity of policy andprocedures throughout this state in matterspertaining to the system of vital statistics.

(f) Prescribe, furnish and distribute theforms required by this chapter or the rulesadopted under this chapter, and prescribeother means for transmission of data, includ-ing electronic transmission of data, to ac-complish the purpose of complete, accurateand timely reporting and registration.

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

(h) Provide to local health agencies in-formation derived from reports and recordsrequired under this chapter that the stateregistrar determines is necessary for localhealth planning and program activities.

(i)(A) Prepare a plan to provide for thecontinuity of operations of the system of vi-tal statistics in the event of an emergency.

(B) The plan shall:(i) Address, to the extent practicable, na-

tural and man-made events that interruptnormal activities of the system of vital sta-tistics;

(ii) Identify essential vital statistics ser-vices; and

(iii) Provide guidance for maintaining es-sential vital statistics services.

(C) Components of the plan shall include:(i) Alternative locations for operations;(ii) Identification of essential equipment

and document needs, and a plan for obtainingthose needs; and

(iii) Identification of essential staff and ameans to communicate with that staff in anemergency.

(D) The plan is not subject to disclosureunder ORS 192.311 to 192.478, except to theextent that the state registrar deems neces-sary to implement the plan.

(2) The state registrar may establish ordesignate offices in this state to aid in theefficient administration of the system of vitalstatistics.

(3) The state registrar may delegatefunctions and duties vested in the state reg-istrar to employees of the Center for HealthStatistics and to employees of an office des-ignated under ORS 432.035. [Amended by 1975c.605 §22; 1983 c.709 §4; 1997 c.783 §4; 2009 c.595 §609;2013 c.366 §4]

432.033 Duties of state registrar re-lated to confidentiality and security. (1)The Legislative Assembly finds that:

(a) The system of vital statistics supportscivil registration and creates informationthat is used for public health, health re-search, national security, statistical and ad-ministrative purposes;

(b) Civil registration of each vital eventthat occurs within this state is carried outprimarily for the purpose of establishing le-gal documents provided by law; and

(c) Due to increased requirements of civilregistration in the context of national secu-rity and the use of live birth records as theprimary document used to identify individ-uals, the State Registrar of the Center forHealth Statistics must:

(A) Take measures to prevent thefraudulent use of vital records for identitytheft, terrorism or other purposes;

(B) Maintain the security of personnel,physical environments, electronic systemsand preservation methods; and



(C) Perform data assurance and recordmatching activities to protect the confiden-tiality and security of vital records and pre-vent the fraudulent use of vital records.

(2) For the purposes described in subsec-tion (1) of this section, the state registrarshall:

(a) Authenticate all users of the systemof vital statistics and document that the us-ers require access to the system of vital sta-tistics for purposes related to the officialroles and duties of the users;

(b) Authorize authenticated users of thesystem of vital statistics to access specificcomponents of the system of vital statisticsthat are necessary for the users to performtheir official roles and duties;

(c) Establish separate duties for staff whohave roles that may be susceptible to fraudor misuse and routinely perform audits ofstaff work for the purpose of identifyingfraud or misuse within the system of vitalstatistics;

(d) Require that authenticated and au-thorized users maintain a specified level oftraining related to security and providewritten acknowledgment of security proce-dures and penalties;

(e) Validate data provided in reports sub-mitted for registration through site visits orwith sources independent from registrationprocesses at a frequency specified by thestate registrar by rule that maximizes theintegrity of the data collected;

(f) Protect personally identifiable infor-mation and maintain systems that provide foraudits of use and include protocols forbreach identification and notification;

(g) If the decedent was born in this stateor if the decedent was a resident of thisstate, receive a report from the United StatesDepartment of Defense or the United StatesDepartment of State of a death occurringoutside the United States;

(h) Match death records to live birth re-cords;

(i) Match death records received from theUnited States Department of Defense or theUnited States Department of State of a deathoccurring outside the United States to regis-tered live birth records;

(j) Work with law enforcement to provideevidence for active fraud investigations;

(k) Provide secure workplace, storageand technology environments;

(L) Maintain overt, covert and forensicsecurity measures for certified copies, verifi-cations and automated systems that are partof the system of vital statistics;

(m) Comply with laws, rules and regu-lations associated with information technol-ogy systems and information related to thesystem of vital statistics; and

(n) Comply with national standards thatapply to the system of vital statistics and itscomponents. [2013 c.366 §6]

432.035 County registrars. (1) The StateRegistrar of the Center for Health Statisticsshall designate for each county a governmentemployee or, to the extent allowed understate and federal law, an employee of a localpublic health authority as defined in ORS431.003, to act as a county registrar. In con-sultation with the state registrar, eachcounty registrar may designate one or moredeputy county registrars. The county regis-trar shall be sufficiently positioned withinthe county and have sufficient contact withdeputy county registrars to ensure compli-ance with this chapter and rules adopted un-der this chapter.

(2) The county and deputy county regis-trars shall:

(a) Comply with all instructions of thestate registrar;

(b) Check upon the compliance of otherswith the provisions of this chapter and withrules adopted under this chapter; and

(c) Make an immediate report to thestate registrar of any violation of this chap-ter or of a rule adopted under this chaptercoming to their notice by observation, uponcomplaint of a person or otherwise.

(3) The Oregon Health Authority, aftertaking into consideration county needs, shalladopt rules under which a county registrarmay issue certified copies of records of livebirths or deaths that occur in the countywithin six months of the date of the livebirth or death. [Amended by 1983 c.709 §5; 1985 c.207§3; 1997 c.783 §5; 2013 c.366 §7; 2015 c.736 §75]

432.040 [Amended by 1983 c.709 §28; repealed by2013 c.366 §88]

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


432.055 [Repealed by 1973 c.829 §71]432.060 [1961 c.191 §§2,3; 1983 c.709 §31; 2005 c.342

§1; 2009 c.595 §610; renumbered 413.196 in 2013]

REPORTS(Generally)

432.075 Duty to report information tostate registrar; immunity. (1) A personhaving knowledge of the facts shall furnishall information the person may possess re-garding a live birth, death, fetal death, in-duced termination of pregnancy, marriage,declaration of domestic partnership or dis-solution of marriage or domestic partnership



upon demand of the State Registrar of theCenter for Health Statistics.

(2) A person required to report informa-tion under this chapter or the rules adoptedunder this chapter shall provide the infor-mation to the state registrar within five cal-endar days of receiving the information.

(3) Within five calendar days of receiptof autopsy results or other information thatwould provide pending or missing informa-tion or correct errors in a reported cause ofdeath, the medical certifier or medical exam-iner required to report the death under ORS432.133 shall submit an affidavit on the causeof death to amend the record.

(4) A person or institution that in goodfaith provides information required by thischapter or by rules adopted under this chap-ter shall not be subject to an action for civildamages.

(5) The state registrar may require alter-native documentation from the provider ofinformation relating to the occurrence of avital event for the purpose of quality assur-ance. [1983 c.709 §23; 1997 c.783 §6; 2013 c.366 §8]

432.080 [1985 c.397 §1; 1991 c.67 §114; 1997 c.783 §8;repealed by 2013 c.366 §88]

(Keeping of Information Necessary to Submit Reports)

432.083 Requirements for institutions,health care practitioners and personswho transport dead bodies. (1) A person incharge of an institution shall keep a recordof personal data concerning each person ad-mitted or confined to the institution. The re-cord shall include information as required forthe reports of live birth, death, fetal deathor induced termination of pregnancy requiredby this chapter. The record shall be made atthe time of admission from information pro-vided by the person being admitted or con-fined, but when it cannot be so obtained, theinformation shall be obtained from relativesor other persons acquainted with the facts.The name and address of the person provid-ing the information shall be a part of the re-cord.

(2) A licensed health care practitionershall keep a record of personal data con-cerning each person under the practitioner’scare for a condition that results in a report-able vital event if a record for that event isnot maintained by an institution as describedin subsection (1) of this section. The recordshall include information as required for thereports of live birth, death, fetal death or in-duced termination of pregnancy required bythis chapter. The record shall include infor-mation provided by the person under thepractitioner’s care. If the person beingtreated cannot provide the information, then

the practitioner shall obtain the informationfrom relatives or other persons acquaintedwith the facts. The name and address of theperson providing the information shall be apart of the record.

(3) When a dead body or fetus is releasedor disposed of by an institution, the personin charge of the institution shall keep a re-cord showing the name of the decedent, So-cial Security number, if issued, date of death,name and address of the person to whom thebody or fetus is released and date of removalfrom the institution. If final disposition ismade by the institution, the date, place andmanner of disposition shall also be recorded.

(4) A funeral service practitioner,embalmer, sexton or other person who re-moves from the place of death, transports ormakes final disposition of a dead body orfetus, in addition to filing a report requiredby this chapter or rules adopted under thischapter, shall keep a record that identifiesthe body and that includes information per-taining to the receipt, removal, delivery andfinal disposition of the body as may be re-quired by rules adopted by the State Regis-trar of the Center for Health Statistics.

(5) Copies of records described in subsec-tions (1) to (3) of this section shall be sentto the state registrar at least monthly. Re-cords maintained under this section shall beretained for a period of not less than sevenyears and shall be made available for inspec-tion by the state registrar or a representativeof the state registrar upon demand. [Formerly432.165]

432.085 [1985 c.397 §2; 1993 c.18 §108; 1997 c.783 §9;2009 c.595 §611; 2013 c.366 §39; renumbered 432.440 in2013]

(Reports of Live Birth)432.088 Mandatory submission and

registration of reports of live birth; per-sons required to report; rules. (1) A reportof live birth for each live birth that occursin this state shall be submitted to the Centerfor Health Statistics, or as otherwise di-rected by the State Registrar of the Centerfor Health Statistics, within five calendardays after the live birth and shall be regis-tered if the report has been completed andfiled in accordance with this section.

(2) The physician, institution or otherperson providing prenatal care related to alive birth shall provide prenatal care infor-mation as required by the state registrar byrule to the institution where the delivery isexpected to occur not less than 30 calendardays prior to the expected delivery date.

(3) When a live birth occurs in an insti-tution or en route to an institution, the per-son in charge of the institution or anauthorized designee shall obtain all data re-



quired by the state registrar, prepare the re-port of live birth, certify either by signatureor electronic signature that the child wasborn alive at the place and time and on thedate stated and submit the report as de-scribed in subsection (1) of this section.

(4) In obtaining the information requiredfor the report of live birth, an institutionshall use information gathering proceduresprovided or approved by the state registrar.Institutions may establish procedures totransfer, electronically or otherwise, infor-mation required for the report from othersources, provided that the procedures are re-viewed and approved by the state registrarprior to the implementation of the proce-dures to ensure that the information beingtransferred is the same as the informationbeing requested.

(5)(a) When a live birth occurs outside aninstitution, the information for the report oflive birth shall be submitted within five cal-endar days of the live birth in a formatadopted by the state registrar by rule in thefollowing order of priority:

(A) By an institution where the birthmother and child are examined, if examina-tion occurs within 24 hours of the live birth;

(B) By a physician in attendance at thelive birth;

(C) By a direct entry midwife licensedunder ORS 687.405 to 687.495 in attendanceat the live birth;

(D) By a person not described in subpar-agraphs (A) to (C) of this paragraph and notrequired by law to be licensed to practicemidwifery who is registered with the Centerfor Health Statistics to submit reports of livebirth and who was in attendance at the livebirth; or

(E) By the father, the birth mother, anyother parent or, in the absence or inabilityof any parent, the person in charge of thepremises where the live birth occurred.

(b) The state registrar may establish byrule the manner of submitting the informa-tion for the report of live birth by a persondescribed in paragraph (a)(D) of this subsec-tion or a physician or licensed direct entrymidwife who attends the birth of his or herown child, grandchild, niece or nephew.

(6) When a report of live birth is submit-ted that does not include the minimum ac-ceptable documentation required by thissection or any rules adopted under this sec-tion, or when the state registrar has causeto question the validity or adequacy of thedocumentation, the state registrar, in thestate registrar’s discretion, may refuse toregister the live birth and shall enter an or-der to that effect stating the reasons for theaction. The state registrar shall advise the

applicant of the right to appeal under ORS183.484.

(7) When a live birth occurs on a movingconveyance:

(a) Within the United States and thechild is first removed from the conveyance inthis state, the live birth shall be registeredin this state and the place where it is firstremoved shall be considered the place of livebirth.

(b) While in international waters or air-space or in a foreign country or its airspaceand the child is first removed from the con-veyance in this state, the birth shall be reg-istered in this state but the report of livebirth shall show the actual place of birth in-sofar as can be determined.

(8) For purposes of making a report oflive birth and live birth registration, thewoman who gives live birth is the birthmother. If a court of competent jurisdictiondetermines that a woman other than thebirth mother is the biological or geneticmother, the court may order the state regis-trar to amend the record of live birth. Therecord of live birth shall then be placed un-der seal.

(9)(a) If the birth mother is married atthe time of either conception or live birth,or within 300 days before the live birth, thename of the mother’s spouse in a marriageshall be entered on the report of live birthas a parent of the child unless parentage hasbeen determined otherwise by a court ofcompetent jurisdiction.

(b) If the birth mother is not married atthe time of either conception or live birth,or within 300 days before the live birth, thename of the other parent shall not be enteredon the report of live birth unless a voluntaryacknowledgment of paternity form or otherform prescribed under ORS 432.098 is:

(A) Signed by the birth mother and theperson to be named as the other parent; and

(B) Filed with the state registrar.(c) If the birth mother is a partner in a

domestic partnership registered by the stateat the time of either conception or live birth,or between conception and live birth, thename of the birth mother’s partner shall beentered on the report of live birth as a par-ent of the child, unless parentage has beendetermined otherwise by a court of compe-tent jurisdiction.

(d) In any case in which paternity orparentage of a child is determined by a courtof competent jurisdiction, or by an adminis-trative determination of paternity or parent-age, the Center for Health Statistics shallenter the name of each parent on the newrecord of live birth. The Center for Health



Statistics shall change the surname of thechild if so ordered by the court or, in a pro-ceeding under ORS 416.430, by the adminis-trator as defined in ORS 25.010.

(e) If a biological parent is not named onthe report of live birth, information otherthan the identity of the biological parentmay be entered on the report.

(10) A parent of the child, or other infor-mant as determined by the state registrar byrule, shall verify the accuracy of the per-sonal data to be entered on a report of livebirth in time to permit submission of the re-port within the five calendar days of the livebirth.

(11) A report of live birth submitted afterfive calendar days, but within one year afterthe date of live birth, shall be registered inthe manner prescribed in this section. Therecord shall not be marked “Delayed.”

(12) The state registrar may require ad-ditional evidence in support of the facts oflive birth. [Formerly 432.206; 2014 c.45 §51; 2015 c.629§50; 2017 c.651 §45]

432.090 [1985 c.549 §10; 1997 c.783 §§10,10a; 1999c.1084 §46; 2013 c.366 §40; renumbered 432.445 in 2013]

432.093 Availability of voluntary ac-knowledgment of paternity form; respon-sibility of health care facility andparents. Any health care facility as definedin ORS 442.015 shall make available to thebiological parents of any child born live orexpected to be born in the health care facil-ity, a voluntary acknowledgment of paternityform when the facility has reason to believethat the mother of the child is unmarried.The responsibility of the health care facilityis limited to providing the form and submit-ting the form with the report of live birth tothe State Registrar of the Center for HealthStatistics. The biological parents are respon-sible for ensuring that the form is accuratelycompleted. This form shall be as prescribedby ORS 432.098. [Formerly 432.285]

432.095 [1997 c.783 §44; repealed by 2013 c.366 §88]

432.098 Voluntary acknowledgment ofpaternity form; rules; filing; when formis sworn document; copy to child supportagency. (1) The Director of the OregonHealth Authority shall adopt by rule a formof a voluntary acknowledgment of paternitythat includes the minimum requirementsspecified by the United States Secretary ofHealth and Human Services. When the formis signed by both biological parents and wit-nessed by a third party, the form establishesparentage for all purposes when filed withthe State Registrar of the Center for HealthStatistics, provided there is no second parentalready named in the report of live birth.Establishment of parentage under this sec-tion is subject to the provisions and the re-

quirements in ORS 109.070. When there isno second parent named on the child’s recordof live birth, the filing of such voluntary ac-knowledgment of paternity form shall causethe state registrar to place the name of theparent who has signed the voluntary ac-knowledgment of paternity form on the re-cord of live birth of the child or, ifappropriate, establish a replacement for therecord containing the name of the child’sparent, as that parent is named in the vol-untary acknowledgment of paternity form.When signed by both parents in the healthcare facility of the child’s birth within fivedays after the birth, the voluntary acknowl-edgment of paternity form is not a sworndocument. When thus signed, a staff memberof the health care facility shall witness thesignatures of the parents. In all other cir-cumstances, the form is a sworn document.The filing of the voluntary acknowledgmentof paternity form created by this section issubject to the payment of any fees that mayapply.

(2) The voluntary acknowledgment ofpaternity form must contain:

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

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

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

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

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

(3) Upon request, the state registrar shallprovide a copy of any voluntary acknowledg-ment of paternity form to the state agencyresponsible for administration of the childsupport enforcement program created underTitle IV-D of the Social Security Act. Theduty imposed upon the state registrar by thissection is limited to records of live birth ex-ecuted and filed with the state registrar afterOctober 1, 1995. [Formerly 432.287; 2017 c.651 §46]

432.103 Full faith and credit. A deter-mination of paternity or parentage by an-other state is entitled to full faith and credit.[Formerly 432.289; 2017 c.651 §47]

432.105 [Amended by 1973 c.829 §35; 1983 c.709 §32;1997 c.783 §11; repealed by 2013 c.366 §88]

432.108 Report of live birth for childof unknown parentage. (1) A person whoassumes the custody of a child of unknownparentage shall report on a form and in amanner prescribed by the State Registrar of



the Center for Health Statistics, within fivecalendar days of assuming custody, to thestate registrar the following information:

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

(b) Sex and approximate live birth dateof child.

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

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

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

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

(3) Information submitted under this sec-tion shall constitute the report of live birthfor the child.

(4) If the child is identified and a livebirth registration is found or obtained, thereport submitted under this section and thelive birth registration resulting from that re-port shall be voided and placed under sealand shall not be subject to inspection exceptupon order of a court of competent jurisdic-tion or as provided by rule of the state reg-istrar. [Formerly 432.430]

432.110 [Repealed by 1971 c.16 §3]

432.113 Delayed reports of live birth;rules. (1) When a report of live birth of aperson born in this state has not been regis-tered within one year after the date of birth,a delayed report of live birth may be submit-ted in accordance with rules of the StateRegistrar of the Center for Health Statistics.No delayed report shall be registered untilthe evidentiary requirements as specified byrule have been met.

(2) A certified copy issued as a result ofa report of live birth submitted under thissection shall indicate the delayed registra-tion and show the date of the registration.The record of live birth shall contain a sum-mary statement of the evidence submitted insupport of the delayed registration.

(3) All delayed reports of live birth shallbe processed and registered at the Center forHealth Statistics.

(4) All certified copies of delayed regis-trations shall be issued by the state regis-trar.

(5) A delayed report of live birth may notbe registered for a deceased person.

(6)(a) When an applicant does not submitthe minimum documentation required by ruleof the state registrar for delayed registrationor when the state registrar has cause toquestion the validity or adequacy of theapplicant’s sworn statement or the documen-

tary evidence, and if the deficiencies are notcorrected, the state registrar, in the stateregistrar’s discretion, may refuse to registerthe delayed report of live birth and shall en-ter an order to that effect stating the reasonsfor the action. The state registrar shall ad-vise the applicant of the right to appeal un-der ORS 183.484.

(b) The state registrar by rule may pro-vide for the dismissal of an application thatis not actively prosecuted. [Formerly 432.140]

432.115 [Amended by 1983 c.709 §19; 1997 c.783 §12;2013 c.366 §32; renumbered 432.295 in 2013]

432.118 Procedure for contesting re-fusal to register report of live birth ordelayed report of live birth; rules. (1) Ifthe State Registrar of the Center for HealthStatistics refuses to register a report of livebirth or a delayed report of live birth underthe provisions of ORS 432.088 or 432.113, theapplicant may file a signed and sworn peti-tion with a court of competent jurisdictionseeking an order establishing a record of thedate and place of live birth and the parent-age of the person whose birth is to be regis-tered.

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

(a) That the person for whom a record oflive birth or a delayed record of live birth issought was born in this state and no recordof live birth or delayed record of live birthof the person can be found in the records ofthe Center for Health Statistics;

(b) That diligent efforts by the petitionerhave failed to obtain the evidence requiredfor submitting a report of live birth or a de-layed report of live birth in accordance withORS 432.088 or 432.113 and rules adoptedunder ORS 432.088 or 432.113;

(c) That the state registrar has refusedto register a report of live birth or a delayedreport of live birth; and

(d) Other allegations as may be requiredunder ORS 183.484.

(3) The petition must be served on thestate registrar and accompanied by all docu-mentary evidence that was submitted to thestate registrar in support of the petition.

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

(5) If the court finds, from the evidencepresented, that the person for whom a recordof live birth or a delayed record of live birthis sought was born in this state, it shallmake findings as to the place and date of live



birth, parentage and such other findings asmay be required and shall issue an order, ona form prescribed and furnished or approvedby the state registrar, to establish a court-ordered record of live birth or delayed recordof live birth. This order shall include the livebirth data to be registered, a description ofthe evidence presented and the date of thecourt’s action.

(6) The clerk of the court shall forwarda certified copy of each order to the stateregistrar twice a month as adopted by thestate registrar by rule. The order must beused to register a report of live birth or adelayed report of live birth for the person.The record of live birth or delayed record oflive birth must include a statement that itwas registered on the basis of a court order.[Formerly 432.142]

432.119 [1973 c.829 §11; 1979 c.426 §1; 1983 c.709 §33;1997 c.783 §13; 2009 c.595 §612; repealed by 2013 c.366§88]

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

432.121 [1997 c.783 §15 (enacted in lieu of 432.120);1999 c.254 §1; 1999 c.312 §3; 2001 c.838 §23; 2003 c.380 §8;2007 c.703 §9; 2013 c.366 §33; renumbered 432.350 in 2013]

432.122 [1983 c.709 §24; 1997 c.783 §18; repealed by2013 c.366 §88]

432.124 [1999 c.254 §7; 2013 c.366 §34; renumbered432.355 in 2013]

432.125 [Repealed by 1983 c.709 §45]432.130 [Amended by 1983 c.709 §25; repealed by

2013 c.366 §88]

(Reports of Death and Fetal Death)432.133 Mandatory submission and

registration of reports of death; personsrequired to report. (1)(a) A report of deathfor each death that occurs in this state mustbe submitted to the county registrar of thecounty in which the death occurred or to theCenter for Health Statistics, or as otherwisedirected by the State Registrar of the Centerfor Health Statistics, within five calendardays after death or the finding of a dead bodyand before final disposition, and must beregistered if it has been completed and sub-mitted in accordance with this section.

(b) If the place of death is unknown, butthe dead body is found in this state, the re-port of death must be completed and submit-ted in accordance with this section. Theplace where the body is found must be notedas the place of death except, if in an emer-gency the decedent is moved by conveyanceto another county and is dead on arrival, thedeath shall be considered to have occurredin the county from where the body was ori-ginally moved.

(c) When death occurs in a moving con-veyance within or outside the United Statesand the body is first removed from the con-veyance in this state, the death must be reg-

istered in this state and the place where thebody is first removed shall be deemed theplace of death. The report of death may notethe actual location of death insofar as it canbe determined.

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

(e) If the date of death is unknown, themedical certifier shall determine the date byapproximation. If the date cannot be deter-mined by approximation, the date that thebody was found shall be entered on the re-port of death.

(2)(a) The funeral service practitioner orperson acting as a funeral service practi-tioner who first assumes custody of the deadbody shall submit the report of death to thecounty registrar of the county in which thedeath occurred or to the Center for HealthStatistics. In cases where there is no funeralservice practitioner or person acting as a fu-neral service practitioner, the medical exam-iner shall submit the report of death.

(b) The funeral service practitioner orperson acting as the funeral service practi-tioner shall obtain the personal data fromthe next of kin or the best qualified personor source available and shall obtain themedical certification from the person respon-sible for the medical certification.

(c) The funeral service practitioner orperson acting as the funeral service practi-tioner shall provide sufficient information toidentify the decedent to the medical certifierwithin 48 hours after death unless the med-ical certification has already been submitted.

(3) A medical certification shall be com-pleted within 48 hours after having access tothe report of death by the decedent’s primaryor attending medical certifier who was incharge of the care of the patient for the ill-ness or condition that resulted in death, ex-cept when inquiry is required under ORSchapter 146. In the absence or inability ofthe medical certifier, or with the medicalcertifier’s approval, the report of death maybe completed by an associate of the medicalcertifier, the chief medical officer of the in-stitution where death occurred or the physi-cian who performed an autopsy upon thedecedent, provided that the associate, chiefmedical officer or physician has access to themedical history of the case and death is dueto natural causes. The person completingthe cause of death shall attest to its accu-racy either by signature or by electronic sig-nature.

(4) When inquiry is required under ORSchapter 146, the medical examiner in the ju-risdiction where death occurred or the bodywas found shall determine the cause and



manner of death and shall complete and signthe medical certification within 48 hours af-ter taking charge of the case. If the cause ormanner of death is unknown or pending in-vestigation, the cause or manner of deathshall be noted as such on the report of death.

(5) When the death occurs in a hospitalwhere more than 10 deaths occurred duringthe previous calendar year, the person incharge of the hospital shall require the med-ical certification to be reported through thestate electronic reporting system and the re-port of death to include the electronic signa-ture of the medical certifier.

(6)(a) When a death occurs in a hospitaldescribed in subsection (5) of this section andthe death is not under the jurisdiction of amedical examiner, the person in charge ofthe hospital or the designated representativeof the person in charge of the hospital shallenter the following information on the reportof death within 48 hours of death:

(A) If the report of death does not existin the state electronic reporting system, thename of the decedent, the date of thedecedent’s birth, the date of the decedent’sdeath and the county in which the decedentdied; and

(B) The medical certification of death,accompanied by the signature or electronicsignature of the person completing the causeof death as described in subsection (3) of thissection.

(b) The partially completed report ofdeath prepared under this subsection shallbe made available to the funeral servicepractitioner or person acting as a funeralservice practitioner within 48 hours of death.

(7) Upon receipt of autopsy results orother information that would change the in-formation related to the cause or manner ofdeath, a medical certifier or medical exam-iner shall submit an amendment to the re-cord of death within five calendar days tothe Center for Health Statistics.

(8) When a death that is not the subjectof a presumptive death proceeding in a courtin this state or another state is presumed tohave occurred in this state as the result ofa known event in this state, but no remainsof the presumed deceased can be located, areport of death may be prepared by the ChiefMedical Examiner upon receiving an orderfrom a court of competent jurisdiction thatcontains findings of fact necessary to com-plete the report of death. A report of deathprepared under this subsection shall bemarked or flagged “Presumptive” and mustshow on its face the date of death as deter-mined by the court, the date of registration,the identity of the court and the date of theorder.

(9) When a death of a missing persondomiciled in this state, and that is not thesubject of a presumptive death proceeding ina court of this state or another state, hasbeen determined by a court of competent ju-risdiction to have presumptively occurred inanother state, a report of death may be pre-pared by the Chief Medical Examiner uponreceiving an order from the court that con-tains findings of fact necessary to completethe report of death. A report of death pre-pared under this subsection shall be markedor flagged “Presumptive” and must show onits face the date of death as determined bythe court, the date of registration, the iden-tity of the court and the date of the order.

(10) When a death occurring in this statehas not been registered as prescribed by thissection, a report of death may be submittedto the state registrar as described in thissection provided that the medical certifier ormedical examiner and the funeral servicepractitioner or person acting as a funeralservice practitioner are available to completethe report of death. If the report of death issubmitted more than one year after the dateof death or the date on which the body wasfound, the medical certifier or medical exam-iner and funeral service practitioner or per-son acting as a funeral service practitionershall state in accompanying notarized state-ments that the information submitted isbased on records kept in the files of themedical certifier or medical examiner andfuneral service practitioner or person actingas a funeral service practitioner. If the med-ical certifier or medical examiner and fu-neral service practitioner or person actingas a funeral service practitioner are unavail-able to complete the report of death, or de-cline to complete the report death, then thedeath shall not be registered except upon thereceipt of an order from a court of competentjurisdiction.

(11) A report of death required to besubmitted under this section must containthe Social Security number of the decedentwhen the Social Security number is reason-ably available from other records related tothe decedent or can be obtained from theperson in charge of the final disposition ofthe decedent.

(12) If a decedent’s death was caused bysuicide, the person who submits the reportof death to the county registrar or to theCenter for Health Statistics, or as otherwisedirected by the state registrar, shall makereasonable efforts to ascertain whether thedecedent was a veteran and, if the decedentwas a veteran, whether the decedent servedin combat and, if so, where the decedentserved. Information acquired under this sub-section must be reported to the Center for



Health Statistics through the state electronicreporting system. [Formerly 432.307; 2017 c.151 §25]

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

432.138 Court orders for records ofdeath. (1)(a) A death may be registered bythe Chief Medical Examiner as specified inORS 432.133 (8) or (9) upon receipt of an or-der from a court of competent jurisdiction.

(b) A court order that establishes a re-cord of death shall include all of the follow-ing information:

(A) The decedent’s full legal name;(B) The date of the decedent’s death as

determined from evidence presented to thecourt; and

(C) The city, county and place in whichthe decedent died as determined from evi-dence presented to the court.

(c) A court order that establishes a re-cord of death shall include, if available, allof the following information:

(A) The decedent’s date of live birth, cityand state or country of live birth, race,ethnicity, sex and Social Security numberand the name or names of the decedent’sparent or parents, as the name or names ap-pear on a birth record;

(B) The decedent’s address, includingstreet address, city, county, state and zipcode at the time of death;

(C) The decedent’s marital status at thetime of death;

(D) The name, as it appears on a birthrecord, of any surviving spouse; and

(E) The information necessary to com-plete the medical certification, including thecause and manner of death and, if the deathoccurred because of an injury, informationon how and when the injury occurred, or, ifthe cause and manner of death are notknown, a statement that the cause and man-ner of death are not known.

(2) On the basis of the information in thecourt order, the Chief Medical Examinershall prepare a report of death. The StateRegistrar of the Center for Health Statisticsshall use a report of death prepared underthis subsection to register the death.

(3) All records of death issued under thissection shall show the date of the court or-der and the name of the court issuing theorder.

(4) If the death was registered pursuantto ORS 432.133 (8) or (9), the record of deathshall be flagged as being “Presumptive.” [2013c.366 §18; 2017 c.151 §26]


432.141 Annual reporting of opiate andopioid overdoses. (1) From resources avail-able to the Oregon Health Authority, theauthority shall compile statistics on the totalnumber of opioid and opiate overdoses andthe total number of opioid and opiate over-dose related deaths occurring in this state.

(2) Not less than once every threemonths, the authority shall report to theGovernor and each local health department,as defined in ORS 431.003, the statisticscompiled under subsection (1) of this section.

(3) Not later than September 15 of eachyear, the authority shall report to the in-terim committees of the Legislative Assemblyrelated to health care, in the manner pro-vided by ORS 192.245, the statistics compiledunder subsection (1) of this section. [2017 c.683§9]

Note: 432.141 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 432 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

432.142 [Formerly 432.135; 1997 c.783 §20; 2013 c.366§15; renumbered 432.118 in 2013]

432.143 Mandatory submission andregistration of reports of fetal death;persons required to report; rules. (1)(a) Areport of each fetal death of 350 grams ormore or, if the weight is unknown, of 20completed weeks gestation or more, calcu-lated from the date the last normalmenstrual period began to the date of thedelivery, that occurs in this state shall besubmitted within five calendar days after thedelivery to the Center for Health Statisticsor as otherwise directed by the State Regis-trar of the Center for Health Statistics. Thestate registrar shall register the report offetal death if it has been completed and sub-mitted in accordance with this section andany rules adopted by the state registrar un-der this section.

(b) All induced terminations of pregnancyshall be reported in the manner prescribed inORS 435.496 and shall not be reported asfetal deaths.

(2) When fetal death occurs in an insti-tution or en route to an institution, the per-son in charge of the institution or anauthorized designee shall obtain all data re-quired by the state registrar, prepare the re-port of fetal death, certify by electronicsignature that the information reported isaccurate and complete and submit the reportas described in subsection (1) of this section.

(3) In obtaining the information requiredfor the report of fetal death, an institutionshall use information gathering proceduresprovided or approved by the state registrar.Institutions may establish procedures totransfer, electronically or otherwise, infor-



mation required for the report from othersources, provided that the procedures are re-viewed and approved by the state registrarprior to the implementation of the proce-dures to ensure that the information beingtransferred is the same as the informationbeing requested.

(4) If fetal death occurs outside an insti-tution, the physician in attendance at or im-mediately after the delivery of the fetus shallprepare and submit the report of fetal deathwithin five calendar days of the delivery ina format adopted by the state registrar byrule.

(5) If fetal death occurs outside an insti-tution and without a physician in attendanceat or immediately after the delivery of thefetus, or if inquiry is required by ORS chap-ter 146, the medical examiner in the juris-diction where the fetal death occurred shallprepare and submit the report of fetal deathwithin five calendar days of the delivery ina format adopted by the state registrar byrule. If the cause of fetal death is unknownor pending investigation, the cause shall benoted as such on the report of fetal death.

(6) When fetal death occurs in a movingconveyance within or outside the UnitedStates and the fetus is first removed from theconveyance in this state, the fetal deathmust be registered in this state and the placewhere the fetus is first removed shall bedeemed the place of fetal death. The reportof fetal death may note the actual locationof fetal death insofar as it can be determined.

(7) When a fetus is found in this stateand the place of delivery is unknown, thereport of fetal death must indicate that theplace where the fetus was found is the placeof delivery.

(8) When a record of fetal death isamended, a notation indicating the recordwas amended must be shown on all certifiedcopies of the record. The date of the amend-ment and the certified copy item that wasamended must also be shown on all certifiedcopies of the record. [Formerly 432.333]

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

432.146 [1991 c.245 §2; 1993 c.345 §1; 1997 c.636 §2;2009 c.595 §613; 2013 c.366 §41; renumbered 432.435 in2013]

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

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

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

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

(3) The state registrar shall adopt byrule:

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

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

certificate.(4) A certificate issued under this section

is for commemorative purposes only and hasno legal effect. [Formerly 432.266]

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

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

432.155 [Repealed by 1979 c.696 §14]

432.158 Disposition of remains; rules.(1) Human remains shall be disposed of inaccordance with ORS chapter 97.

(2) The funeral service practitioner orperson acting as a funeral service practi-tioner who first assumes possession of a deadbody or fetus shall submit written notice tothe county registrar in the county in whichdeath occurred or in which the dead body orfetus was found within 24 hours of takingpossession of the dead body or fetus. The no-tice must be on a form prescribed and fur-nished by the State Registrar of the Centerfor Health Statistics.

(3) Before the final disposition of a deadbody, the funeral service practitioner or per-son acting as a funeral service practitionerwho first assumes custody of the dead bodyshall obtain written authorization, on a formprescribed and furnished by the state regis-trar, for final disposition of the dead bodyfrom the medical certifier or medical exam-iner who certifies the cause of death as de-scribed in ORS 432.133. If the funeral servicepractitioner or person acting as a funeralservice practitioner is unable to obtain writ-ten authorization before the final dispositionof the dead body, the funeral service practi-tioner or person acting as a funeral servicepractitioner may authorize, with the oralconsent of the medical certifier or medicalexaminer who is responsible for certifyingthe cause of death, the final disposition of



the dead body on a form prescribed and fur-nished by the state registrar.

(4) Upon request of a parent or theparent’s authorized representative, a disposi-tion permit may be issued for a fetus that isnot reportable as a fetal death.

(5) A permit authorizing final dispositionissued under the law of another state thataccompanies human remains brought intothis state shall have the same force and ef-fect as a permit authorizing final dispositionissued by the state registrar.

(6) A person in charge of a place whereinterment or other disposition of human re-mains is made may not inter or allowinterment or other disposition of human re-mains unless the human remains are accom-panied by a permit authorizing disposition.

(7) A person in charge of a place whereinterment or other disposition of human re-mains is made shall indicate on the permitauthorizing disposition the date of dispositionand return the completed permit to thecounty registrar of the county where deathoccurred. If there is no such person, the fu-neral service practitioner or person actingas the funeral service practitioner shallcomplete the permit and return it to thecounty registrar of the county where deathoccurred.

(8) Disinterment of human remains re-quires authorization for disinterment and re-interment. The state registrar may issueauthorization for disinterment and reinter-ment to a funeral service practitioner orperson acting as a funeral service practi-tioner upon application, as required by thestate registrar by rule.

(9) Prior to removing a dead body orfetus from this state under ORS 692.270, afuneral service practitioner or a person act-ing as a funeral service practitioner shallsubmit a written notice of removal to thecountry registrar in the county in whichdeath occurred or in which the dead body orfetus was found. The notice shall be on aform prescribed and furnished by the stateregistrar. A copy of a written notice of re-moval serves as a permit for transporting theremains of a decedent named on the notice.[Formerly 432.317]

432.160 [Repealed by 1971 c.743 §432]

432.163 Extensions for submitting re-ports of death or fetal death. Upon suchconditions as the State Registrar of the Cen-ter for Health Statistics may prescribe toensure compliance with the purposes of thischapter, by rule the state registrar may pro-vide 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 areport of death or fetal death and related

documentation and for the obtaining of apermit for disposition of human remains incases where compliance with the applicableprescribed period would result in unduehardship. [Formerly 432.327]

432.165 [Amended by 1983 c.709 §22; 1985 c.207 §4;1997 c.783 §21; 1999 c.80 §70; 2005 c.471 §4; 2013 c.366 §9;renumbered 432.083 in 2013]

(Reports of Marriage, DomesticPartnership, Dissolution of Marriage

and Dissolution of Domestic Partnership)

432.173 Mandatory submission andregistration of reports of marriage andreports of domestic partnership; personsrequired to report. (1) A report of eachmarriage performed and domestic partnershipregistered by the state shall be submitted tothe Center for Health Statistics. The StateRegistrar of the Center for Health Statisticsshall register a marriage or domestic part-nership if the report of marriage or domesticpartnership has been completed and submit-ted in accordance with this section and anyrules adopted by the state registrar.

(2) The county clerk or county officialwho issues the marriage license or registersthe Declaration of Domestic Partnershipshall prepare the report of marriage or do-mestic partnership on a form prescribed andfurnished by the state registrar, using infor-mation obtained from the parties to whomthe marriage license or Declaration of Do-mestic Partnership is being issued.

(3) A person who performs a marriageshall certify the fact of marriage and submitthe certification to the county clerk orcounty official who issued the license withinfive calendar days of the marriage ceremony.

(4) A county clerk or county official whoissues marriage licenses or registers declara-tions of domestic partnership shall completeand submit the report of marriage or domes-tic partnership to the Center for Health Sta-tistics within 15 calendar days of receivingthe completed marriage license or registeringthe Declaration of Domestic Partnership. Thereport of marriage or domestic partnershipmust include a copy of the marriage licenseor Declaration of Domestic Partnership.[Formerly 432.405]

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

432.178 Delayed report of marriage.The State Registrar of the Center for HealthStatistics may register a marriage one yearor more after the date of the marriage cere-mony if:

(1) The report of marriage is submittedby the county clerk or county official re-sponsible for issuing marriage licenses; and



(2) The report of marriage indicates thatthe registration is delayed and identifies thedate of registration. [2013 c.366 §24]

432.180 [1997 c.783 §17; 2013 c.366 §36; renumbered432.380 in 2013]

432.183 Mandatory submission andregistration of reports of dissolution ofmarriage and reports of dissolution ofdomestic partnership; clerk of court tosubmit; rules. (1) A report of each dissol-ution of marriage or dissolution of domesticpartnership by a court of competent jurisdic-tion in this state shall be submitted by theclerk of the court to the Center for HealthStatistics. The State Registrar of the Centerfor Health Statistics shall register the dis-solution of marriage or dissolution of domes-tic partnership if the report of dissolution ofmarriage or dissolution of domestic partner-ship is completed and submitted in accor-dance with this section and any rulesadopted by the state registrar. A report ofdissolution of marriage or dissolution of do-mestic partnership shall be prepared by thepetitioner for dissolution or the petitioner’slegal representative on a form prescribed bythe state registrar and submitted to the clerkof the court with the petition for dissolution.

(2) The state registrar shall design thereport of dissolution of marriage or dissol-ution of domestic partnership in a mannerthat allows, for judgments or orders issuedin proceedings initiated under ORS 107.085or 107.485, the state registrar, county clerks,county recording officers and courts to keepSocial Security numbers confidential and ex-empt from public inspection. In all cases, thereport of dissolution of marriage or dissol-ution of domestic partnership shall be com-pleted and submitted to the clerk of thecourt prior to the issuance of the court’sfinal order.

(3) Twice a month, as adopted by thestate registrar by rule, the clerk of the courtshall complete and submit a report of dissol-ution of marriage or dissolution of domesticpartnership for each judgment or final orderof dissolution of marriage or dissolution ofdomestic partnership entered during themonth. [Formerly 432.408]

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

432.206 [1997 c.783 §23 (enacted in lieu of 432.205);1999 c.254 §2; 1999 c.840 §1; 2001 c.455 §24; 2013 c.366 §10;renumbered 432.088 in 2013]

432.210 [Repealed by 1983 c.709 §45]


432.220 [Repealed by 1983 c.709 §45]

(Reports Related to Adoption)432.223 Reports of adoption; reports

of amendments or annulments of judg-ment of adoption; persons required toreport; rules. (1) For each judgment ofadoption entered by a court of competent ju-risdiction in this state, the court shall re-quire the preparation of a report of adoptionon a form prescribed and furnished by theState Registrar of the Center for HealthStatistics. The report of adoption must:

(a) Include facts that the state registrardeems necessary to locate and identify thereport of live birth of the person adopted;

(b) If the person was born in a foreigncountry, provide evidence from sources de-termined to be reliable by the court of thedate and place of live birth;

(c) Include information necessary to es-tablish a replacement report of live birth ofthe person adopted;

(d) Identify the final order of the judg-ment of adoption; and

(e) Be certified or authenticated by theclerk of the court as provided by the stateregistrar by rule.

(2) Information necessary to prepare areport of adoption must be furnished by thepetitioner for adoption or by the petitioner’slegal representative. The Department of Hu-man Services or any other person havingknowledge of the facts shall supply the courtwith additional information that is necessaryto complete the report of adoption. A courtmust receive the information required by thissubsection before issuing a judgment ofadoption.

(3) Whenever a judgment of adoption isamended or annulled, the clerk of the courtshall prepare a report of the amendment orannulment that includes the facts necessaryto identify the original report of adoptionand the facts amended in the judgment ofadoption that are necessary to amend a re-port of live birth.

(4) Twice a month as adopted by the stateregistrar by rule, the clerk of the court shallsubmit to the Center for Health Statisticsreports of adoption or reports prepared undersubsection (3) of this section.

(5) When the state registrar receives areport under subsection (4) of this section fora person born in another state, the stateregistrar shall forward the report to the stateregistrar in the state of live birth.

(6) If a live birth occurred in a foreigncountry and the child is not a citizen of theUnited States at the time of live birth, thestate registrar shall prepare a record of for-eign live birth as provided in ORS 432.245.If the live birth occurred in a neighboring



country, the state registrar shall also send acopy of the report of adoption or any reportprepared under subsection (4) of this sectionto the appropriate authority.

(7) If a live birth occurred in a foreigncountry and through parentage the child isa citizen of the United States, the state reg-istrar shall notify the parents adopting thechild of the procedures for obtaining a re-vised live birth record for their child throughthe United States Department of State. Thestate registrar shall not prepare a record offoreign live birth for a live birth described inthis subsection. [Formerly 432.415]

432.228 Issuance of certified copy ofrecord of live birth to adopted persons;Contact Preference Form. (1) Upon receiptof a written application to the State Regis-trar of the Center for Health Statistics, anadopted person 21 years of age and olderborn in this state shall be issued a certifiedcopy of the person’s unaltered, original andunamended record of live birth in the cus-tody of the state registrar, with procedures,filing fees, and waiting periods as prescribedby the state registrar by rule.

(2) A birth parent may at any time re-quest from the state registrar or from a vol-untary adoption registry a ContactPreference Form that shall accompany acertified copy issued under subsection (1) ofthis section. The Contact Preference Formshall provide the following information to becompleted at the option of the birth parent:__________________________________________

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

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

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

(3) A certificate from a voluntary adop-tion registry verifying receipt of an updatedmedical history under subsection (2) of thissection shall be in a form prescribed by theOregon Health Authority and shall be sup-plied upon request of the birth parent by thevoluntary adoption registry.

(4) When the state registrar receives acompleted Contact Preference Form from abirth parent, the state registrar shall matchthe Contact Preference Form with theadopted person’s record of live birth. The

Contact Preference Form shall be made apart of the adopted person’s record of livebirth when a match is made.

(5) A completed Contact Preference Formshall be confidential and shall be placed ina secure file until a match with the adoptedperson’s record of live birth is made and theContact Preference Form is placed in theadopted person’s record.

(6) Only those persons who are author-ized to process applications made under sub-section (1) of this section may processContact Preference Forms. [Formerly 432.240]

432.230 [1983 c.709 §11a; 1997 c.783 §24; 2003 c.576§454; 2013 c.366 §30; renumbered 432.245 in 2013]

AMENDMENTS TO VITAL RECORDS432.235 Requirements for amending or

correcting vital record. (1) A vital recordregistered under this chapter must beamended or corrected in accordance withthis section or rules adopted by the StateRegistrar of the Center for Health Statisticsfor the purpose of protecting the integrityand accuracy of vital records.

(2)(a) A vital record that is amended orcorrected under this section shall indicatethat it has been amended or corrected, ex-cept as otherwise provided in this section orby rule of the state registrar.

(b) The state registrar shall keep andmaintain:

(A) Documentation that identifies the ev-idence upon which an amendment or cor-rection is based;

(B) The date of the amendment or cor-rection; and

(C) The identity of the individual author-ized by the Center for Health Statistics thatmade the amendment or correction.

(3)(a) Upon the request of an applicantwho is 18 years of age or older or anemancipated minor, or if the applicant is not18 years of age or older or an emancipatedminor, upon the request of an applicant’sparent, legal guardian or legal represen-tative, the state registrar shall amend a re-cord of live birth that occurred in this stateto change the name of the applicant if:

(A) The state registrar receives a certi-fied copy of an order from a court of compe-tent jurisdiction changing the name of theapplicant; or

(B) The state registrar receives a request,on a form prescribed by the state registrar,from the applicant to change the name thatincludes:

(i) Documentation sufficient, as pre-scribed by the state registrar by rule, to al-low the state registrar to confirm theidentity of the applicant and identify the



correct record of live birth to be amended;and

(ii) A statement signed by the applicantin which the applicant attests, as prescribedby the state registrar by rule, to making therequest for the purpose of affirming theapplicant’s gender identity.

(b) Upon request, the state registrar shallamend a record of live birth that occurred inthis state to change the sex of an applicantif the applicant is 18 years of age or older oran emancipated minor, or if the applicant isnot 18 years of age or older or anemancipated minor, the applicant’s parent,legal guardian or legal representative makesthe request, and if:

(A) The state registrar receives a certi-fied copy of an order from a court of compe-tent jurisdiction changing the sex of theapplicant; or

(B) The state registrar receives a request,on a form prescribed by the state registrar,from the applicant to change the sex thatincludes:

(i) Documentation sufficient, as pre-scribed by the state registrar by rule, to al-low the state registrar to confirm theidentity of the applicant and identify thecorrect record of live birth to be amended;

(ii) A statement signed by the applicantin which the applicant attests, as prescribedby the state registrar by rule, to making therequest for the purpose of affirming theapplicant’s gender identity; and

(iii) Any other documentation as requiredby the state registrar by rule.

(4)(a) When an applicant to amend a vitalrecord does not submit the minimum doc-umentation required to make an amendment,or when the state registrar has cause toquestion the validity or adequacy of an ap-plication to amend a vital record, the stateregistrar, in the state registrar’s discretion,may refuse to amend the vital record. If thestate registrar refuses to amend a vital re-cord under this subsection, the state regis-trar shall:

(A) Enter an order denying the amend-ment and stating the reasons for the denial;and

(B) Advise the applicant of theapplicant’s right to appeal the order underORS 183.484.

(b) The state registrar may not amend arecord of live birth to change the name of anapplicant under subsection (3)(a)(B) or thesex of an applicant under subsection (3)(b)(B)of this section more than once.

(5) When an amendment is made to a re-cord of marriage or a record of domestic

partnership by the county clerk or othercounty official who issues marriage licensesand registers domestic partnerships, or whenan amendment changes the name, date ofbirth or birthplace of a party to a judgmentor final order of a dissolution of marriage ordissolution of domestic partnership by acourt of competent jurisdiction, copies of theamendment must be forwarded to the stateregistrar and the state registrar shall amendthe related record.

(6) If a judgment or final order of dissol-ution of marriage or dissolution of domesticpartnership is set aside by a court of compe-tent jurisdiction, a copy of the notice settingaside the judgment or order must be for-warded to the state registrar and the stateregistrar shall void the related record.[Formerly 432.290; 1997 c.783 §25; 2003 c.576 §455; 2007c.99 §17; 2007 c.703 §13; 2013 c.366 §29; 2017 c.100 §1]

432.240 [1999 c.2; 1999 c.604 §1; 2009 c.595 §614; 2013c.366 §28; renumbered 432.228 in 2013]

432.245 Replacing records of live birth;restoring records of live birth. (1) For aperson born in this state, the State Registrarof the Center for Health Statistics shallamend a record of live birth and establish areplacement for the record of live birth if thestate registrar receives one of the following:

(a) A report of adoption as provided inORS 432.223 or a certified copy of the judg-ment of adoption from a court of competentjurisdiction, with the information necessaryto identify the original record of live birthand to establish a replacement for the recordof live birth, unless the court ordering theadoption requests that a replacement for therecord of live birth not be established;

(b) A request that a replacement for therecord of live birth be prepared to establishparentage, as prescribed by the state regis-trar by rule, or as ordered by a court ofcompetent jurisdiction that has determinedthe parentage or biological paternity of aperson;

(c) A written and notarized request thata replacement for the record of live birth beprepared to establish parentage, if the re-quest includes an acknowledgment ofpaternity signed by both biological parents;

(d) A certified copy of a judgment froma court of competent jurisdiction changing aperson’s sex and, if applicable, name; or

(e) A request approved by the state reg-istrar under ORS 432.235 (3)(b)(B).

(2) To change a person’s name undersubsection (1) of this section, the request orcourt order must include both the name thatappears on the record of live birth at thetime of the request and the name to be des-ignated on the replacement for the record oflive birth. The designated name of the person



must appear on the replacement for the re-cord of live birth.

(3) Upon receipt of a certified copy of acourt order to change the name of a personborn in this state as authorized by 18 U.S.C.3521 et seq., the state registrar shall createa replacement for the record of live birth toshow the new information as specified in thecourt order.

(4) When a replacement for a record oflive birth is prepared, the city, county anddate of live birth must be included in the re-placement for the record of live birth. Thereplacement for the record of live birth mustbe substituted for the original record of livebirth. The original record of live birth andall evidence submitted with the request orcourt order for the replacement for the re-cord of live birth must be placed under sealand is not subject to inspection, except uponthe order of a court of competent jurisdictionin this state or as provided by rule of thestate registrar.

(5) Upon receipt of an amended judgmentof adoption, the record of live birth shall beamended by the state registrar as providedby the state registrar by rule.

(6) Upon receipt of a report of annulmentof adoption or a court order annulling anadoption, the original record of live birthmust be restored. The replacement for therecord of live birth is not subject to inspec-tion, except upon the order of a court ofcompetent jurisdiction in this state or asprovided by rule of the state registrar.

(7) The state registrar shall prepare andregister a record of foreign live birth for aperson born in a foreign country who is nota citizen of the United States and for whoma judgment of adoption was issued by a courtof competent jurisdiction in this state if thecourt, the parents adopting the child or theadopted person, if the adopted person is 18years of age or older, requests the record.The record must be labeled “Record of For-eign Live Birth” and shall show the actualcountry of live birth. After registering therecord of foreign live birth in the new nameof the adopted person, the record must beplaced under seal and is not subject to in-spection, except upon the order of a court ofcompetent jurisdiction or as provided by ruleof the state registrar.

(8) If there is no record of live birth fora person for whom a replacement for the re-cord of live birth is sought under this sec-tion, and if the court order indicates a dateof live birth more than one year from thedate submitted to the Center for Health Sta-tistics, the replacement for the record of livebirth must be created as a delayed record oflive birth.

(9) A replacement for the record of livebirth may not be created under this sectionif the date and place of live birth have notbeen indicated in the court order. [Formerly432.230; 2017 c.100 §2]

432.250 Access to adoption records.The documents forwarded to the State Reg-istrar of the Center for Health Statistics orsealed under ORS 432.245 may be opened bythe state registrar only upon receiving anorder from a court of competent jurisdictionor when requested by an agency operating avoluntary adoption registry established underORS 109.450 for the purpose of facilitatingthe identification of persons registering un-der the provisions of ORS 109.425 to 109.507.[Formerly 432.420; 2015 c.200 §17]

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

c.709 §45]432.265 [Repealed by 1983 c.709 §45]432.266 [2005 c.769 §1; renumbered 432.148 in 2013]432.270 [Repealed by 1983 c.709 §45]432.275 [Repealed by 1983 c.709 §45]432.280 [Repealed by 1983 c.709 §45]432.285 [1995 c.514 §3; 1997 c.783 §26; 2013 c.366 §11;

renumbered 432.093 in 2013]432.287 [1995 c.514 §4; 1997 c.783 §27; 1999 c.80 §21;

2009 c.595 §615; 2013 c.366 §12; renumbered 432.098 in2013]

432.289 [1995 c.514 §4a; renumbered 432.103 in 2013]432.290 [1981 c.221 §3; 1983 c.709 §18; 1995 c.514 §6;

renumbered 432.235 in 1995]

PRESERVATION OF VITAL RECORDS432.295 Preservation program; repro-

ductions of vital records; availability;rules. (1) In consultation with the StateArchivist, the State Registrar of the Centerfor Health Statistics shall develop and im-plement a preservation management programto preserve vital record documents and in-formation and meet generally accepted stan-dards for permanent preservation.

(2) The state registrar shall preparetypewritten, photographic, electronic orother reproductions of vital records or re-ports kept and maintained in the Center forHealth Statistics. These reproductions, whenverified and approved by the state registrar,shall be accepted as the original vital recorddocuments. The original vital record docu-ments from which permanent reproductionshave been made may be disposed of as de-scribed in ORS 192.105 or as provided by ruleof the state registrar.

(3) The state registrar shall provide forthe continued availability and integrity ofvital event information. To ensure suchavailability and integrity, the state registrarmay keep and maintain redundant copies ofinformation in multiple locations and for-



mats, such as microfilm, microfiche, imagingand electronic databases.

(4) The preservation management pro-gram must provide for the continued avail-ability of historic vital record documents andinformation for research and related pur-poses. Vital records are historic when 100years have elapsed after the date of live birthfor births occurring after 1914, 50 years haveelapsed after the date of death for deaths oc-curring after 1964, 50 years have elapsed af-ter the date of fetal death for fetal deathsoccurring after 1964 or 50 years have elapsedafter the date of marriage, domestic partner-ship, dissolution of marriage or dissolutionof domestic partnership for such events oc-curring after 1964. Supporting documents,including corrections and acknowledgmentsof paternity, may be included with historicvital records. Records under seal are nothistoric unless unsealed by court order.

(5) Historic vital records shall be trans-ferred to the State Archives in accordancewith archival procedures for the continuedsafekeeping of the vital records. The StateArchives may not charge the Center forHealth Statistics for the transfer and main-tenance of historic vital records under thissubsection. The state registrar shall adoptrules to ensure that the release of informa-tion contained in records of birth, death,marriage, domestic partnership and dissol-ution of marriage or domestic partnership,and reports of fetal death, comply with fed-eral and state laws, regulations and rules.[Formerly 432.115]

432.300 [1987 c.517 §2 (enacted in lieu of 146.001);1997 c.783 §28; repealed by 2013 c.366 §88]

432.305 [Repealed by 1963 c.200 §6]432.307 [1963 c.200 §2; 1965 c.221 §26; 1977 c.582 §33;

1983 c.709 §12; 1985 c.207 §5; 1997 c.783 §29; 1999 c.80 §71;1999 c.724 §1; 2001 c.357 §2; 2003 c.104 §3; 2011 c.407 §1;2013 c.366 §16; renumbered 432.133 in 2013]


432.312 [1993 c.345 §3; 1997 c.783 §30; 2005 c.726 §3;2009 c.132 §1; 2009 c.595 §616; 2009 c.709 §16; 2013 c.366§42; renumbered 413.825 in 2013]


432.317 [1963 c.200 §3; 1983 c.709 §16; 1985 c.207 §6;1987 c.252 §9; 1989 c.669 §2; 1997 c.783 §31; 1999 c.724 §4;2001 c.357 §3; 2003 c.104 §4; 2009 c.595 §617; 2013 c.366§20; renumbered 432.158 in 2013]

432.320 [Repealed by 1963 c.200 §6]432.325 [Repealed by 1963 c.200 §6]432.327 [1963 c.200 §4; 1983 c.709 §36; 1997 c.783 §32;

2013 c.366 §21; renumbered 432.163 in 2013]432.330 [Repealed by 1963 c.200 §6]432.333 [1983 c.709 §13; 1989 c.171 §54; 1997 c.783 §33;

2013 c.366 §19; renumbered 432.143 in 2013]432.335 [Repealed by 1963 c.200 §6]432.337 [1983 c.709 §15; 1997 c.783 §34; renumbered

432.153 in 2013]432.340 [Repealed by 1963 c.200 §6]

432.345 [Repealed by 1983 c.709 §45]

EXEMPTION FROM PUBLICDISCLOSURE

432.350 Vital records exempt frompublic disclosure; exceptions; rules. (1)(a)Vital records and reports, and documents,data and information related to vital recordsand reports, are exempt from public disclo-sure under ORS 192.311 to 192.478. Exceptas provided in this section and ORS 432.380or rules adopted by the State Registrar of theCenter for Health Statistics as described inparagraph (b) of this subsection, a personmay not disclose or allow a person to inspectvital records or reports or related documents,data or information.

(b) The state registrar may adopt rulespermitting the disclosure of vital records andreports and related documents, data or infor-mation if the disclosure is for public healthpurposes or if the state registrar otherwisedetermines that:

(A) The requestor has a valid need forthe information;

(B) The information cannot be obtainedfrom other sources;

(C) The requestor is authorized to receivethe information; and

(D) The integrity of the vital record orreport can be assured.

(2)(a) Personally identifiable informationthat may be used to identify a natural personnamed in a vital record or report may bedisclosed for health research purposes aftersubmission of a written request for the in-formation by a researcher and the approvalof the state registrar through the executionof a written research agreement that:

(A) Describes the research project;(B) Documents, if necessary, applicable

institutional review board approvals; and(C) Protects the confidentiality and secu-

rity of the information provided.(b) An agreement entered into under this

subsection:(A) Must:(i) Prohibit, except as explicitly permitted

in the agreement, the further release of thepersonally identifiable information by the re-searcher unless explicitly authorized by thestate registrar; and

(ii) Specify that the state continues toown the information provided to the re-quester; and

(B) May require payment for the use ofthe requested information.

(3) A government agency may be fur-nished, upon written request and the ap-



proval of the state registrar, with copies ofdocuments or other data from the system ofvital statistics, provided that the copies ordata are used solely in the conduct of thegovernment agency’s official duties. Beforefurnishing information under this subsection,the state registrar and the governmentagency requesting the copies or data shallenter into a data sharing agreement thatclearly specifies the uses for the copies ordata. An agreement entered into under thissubsection:

(a) Must:(A) Contain measures to protect the con-

fidentiality and security of the copies ordata;

(B) Prohibit the further release of anypersonally identifiable information by thegovernment agency unless explicitly providedin the agreement; and

(C) Specify that the state continues toown the copies or data; and

(b) May require payment for the use ofthe requested copies or data.

(4) The federal agency responsible fornational vital statistics may be furnishedwith copies of records, reports or other datafrom the system of vital statistics as neces-sary for the maintenance of national statis-tics, provided that the agency shares in thecost of collecting, processing and transmit-ting the information and that the agencydoes not use the information for purposesother than statistical purposes unless the useis explicitly authorized by the state registrar.Before furnishing information under thissubsection, the state registrar and theagency shall enter into a data sharingagreement that clearly specifies the uses forthe information. An agreement entered intounder this subsection must:

(a) Prohibit the further release of anyinformation by the agency unless explicitlyauthorized by the state registrar; and

(b) Specify that the state continues toown the information.

(5)(a) The state registrar, pursuant to aninterjurisdictional exchange agreement, maytransmit copies of records, reports or otherdocuments or other data from the system ofvital statistics to offices of vital statistics inother states or neighboring countries. Theexchange agreement must specify the pur-poses for which the copies or data may beused by the other state or neighboring coun-try and provide instructions for the properretention and disposition of the copies anddata.

(b) Copies of records, reports or otherdocuments or other data received by theCenter for Health Statistics as a result of the

exchange agreement are confidential and notsubject to public disclosure under ORS192.311 to 192.478, and the state or neigh-boring country in which the vital event oc-curred continues to own the copies and data.

(c) An exchange agreement entered intounder this subsection may not allow the dis-closure of copies of records, reports or otherdocuments or other data of a vital event thatdid not occur in the state or country that istransmitting the information.

(6) When the death of a person who wasborn in this state or was a resident of thisstate at the time of death occurs in a coun-try other than the United States, the stateregistrar shall receive a report of death fromthe United States Department of Defense orthe United States Department of State.

(7) When 100 years have elapsed after thedate of live birth for births occurring after1914, 50 years have elapsed after the date ofdeath for deaths occurring after 1964, 50years have elapsed after the date of fetaldeath for fetal deaths occurring after 1964 or50 years have elapsed after the date of mar-riage, domestic partnership, dissolution ofmarriage or dissolution of domestic partner-ship for such events occurring after 1964, therecord available for disclosure under thissection, whether in paper, electronic or otherform, may be transferred to the State Ar-chives as a public record in accordance witharchival procedures for the continued safe-keeping of the vital records. The State Ar-chives may not charge the Center for HealthStatistics for the transfer and maintenanceof historic vital records under this subsec-tion. The state registrar shall adopt rules toensure that, for records of dissolution ofmarriage or dissolution of domestic partner-ship issued in proceedings under ORS 106.300to 106.340 or 107.085 or 107.485, the SocialSecurity numbers of the parties are keptconfidential and exempt from public disclo-sure under ORS 192.311 to 192.478. Prior totransferring records of live birth and death,the state registrar shall redact all informa-tion identified as having only a medical orhealth purpose in the United States StandardCertificates of Live Birth and Death and theReport of Fetal Death or by rule of the stateregistrar.

(8) A decision of the state registrar withregard to the disclosure of vital records, re-ports and related documents, data and infor-mation is a final agency determination. If thestate registrar refuses an inspection underthis section, the person seeking inspectionmay proceed in the manner set forth in ORS183.484.

(9) Nothing in this section prohibits thestate registrar from publishing statisticalcompilations or reports for public health



purposes if the compilations and reports donot contain personally identifiable informa-tion. [Formerly 432.121]

432.355 Disclosure of death filed inconjunction with claims or interests inland. Notwithstanding any other provisionof law, a document recording a death filed inconjunction with owning or having a claimor interest in land that is in the custody ofa county clerk or county recording officer isopen and subject to full disclosure. A countyclerk or county recording officer may notrecord a document that records a death filedin conjunction with owning or having aclaim or interest in land if the documentoriginated in this state and includes medicalinformation related to the cause of death.[Formerly 432.124; 2014 c.60 §1]

432.360 Records of dissolution of mar-riage and dissolution of domestic part-nership subject to full disclosure;exemption. (1) Except as provided in sub-section (2) of this section, notwithstandingany other provision of law, all marriage anddomestic partnership records and all recordsof dissolution of marriage and dissolution ofdomestic partnership in the custody of acounty clerk or county recording officer andall records of dissolution of marriage anddissolution of domestic partnership in thecustody of the state courts are open andsubject to full disclosure.

(2) Records of dissolution of marriage anddissolution of domestic partnership in thecustody of the state courts shall be com-pleted and maintained in accordance withprocedures established under ORS 107.840 toensure that the Social Security numbers ofparties to proceedings under ORS 107.085and 107.485 are kept confidential and exemptfrom public inspection. [Formerly 432.412]

CERTIFIED COPIES OF RECORDS432.380 Issuance of certified copies of

records; applicant qualifications. (1)(a) Acertified copy of a record of live birth or anypart of a record of live birth that is issuedunder this section shall be considered thesame as the original record of live birth andis prima facie evidence of the facts stated onthe certified copy. However, the evidentiaryvalue of a certified copy of a record of livebirth submitted more than one year after thebirth, an amended record of live birth or arecord of foreign live birth must be deter-mined by the judicial or administrative bodyor official before whom the certified copy isoffered as evidence.

(b) A certified copy of a record of death,fetal death, marriage, domestic partnership,dissolution of marriage or dissolution of do-mestic partnership or any part of such re-cords that is issued under this section shall

be considered the same as the original recordof death, fetal death, marriage, domesticpartnership, dissolution of marriage or dis-solution of domestic partnership and is primafacie evidence of the facts stated on the cer-tified copy.

(2)(a) The State Registrar of the Centerfor Health Statistics shall require an appli-cant for a certified copy to submit a signedapplication, documentation of identity andevidence of eligibility.

(b)(A) Upon receipt of an application, thestate registrar shall review the documenta-tion of identity provided by the applicant.The documentation must be acceptable to thestate registrar and, at a minimum, include:

(i) Government issued identification thatincludes a photograph;

(ii) At least three forms of identification;or

(iii) Identification submitted through anelectronic process adopted by the state reg-istrar by rule.

(B) Forms of identification that may besubmitted under subparagraph (A)(ii) of thisparagraph include, but are not limited to,letters from government or social agencies,payroll statements, utility bills, student iden-tification with a photograph or other itemsacceptable to the state registrar.

(c)(A) Upon receipt of an application, thestate registrar shall review the evidence ofeligibility provided by the applicant. Evi-dence of eligibility submitted under this sub-section may consist of copies of vital recordsestablishing eligibility, court documents es-tablishing eligibility or alternate methodsidentified and accepted by the state registrar.Evidence of eligibility must demonstrate thatthe applicant is qualified to receive a certi-fied copy.

(B) To be qualified, an applicant must be:(i) Eighteen years of age or older or an

emancipated minor or, if the applicant is re-questing to receive a certified copy of theapplicant’s own record of live birth, 15 yearsof age or older;

(ii) If the applicant is requesting a certi-fied copy of a record of live birth, the regis-trant, the registrant’s spouse, domesticpartner who is registered by the state, par-ent, child, sibling, grandparent, grandchild,legal guardian or legal representative, anauthorized representative or a governmentagency acting in the conduct of its officialduties;

(iii) If the applicant is requesting a cer-tified copy of a record of death, thedecedent’s spouse, domestic partner who isregistered by the state, child, parent, sibling,grandparent, grandchild, next of kin, legal



guardian immediately before death or legalrepresentative, an authorized representative,a person in charge of disposition, a govern-ment agency acting in the conduct of its of-ficial duties, an employee or agent of afuneral home or person acting as a funeralservice practitioner who is named in the re-cord of death for up to two years followingthe date of death or a person that demon-strates to the satisfaction of the state regis-trar that the certified copy is necessary fora determination related to or the protectionof a personal or property right of the appli-cant;

(iv) If the applicant is requesting a certi-fied copy of a record of fetal death, the par-ent, legal guardian, legal representative of aparent, sibling, grandparent, an authorizedrepresentative, a person in charge of disposi-tion, a government agency acting in theconduct of its official duties or an employeeor agent of a funeral home or person actingas a funeral service practitioner who isnamed in the record of fetal death for up totwo years following the date of delivery; and

(v) If the applicant is requesting a certi-fied copy of a record of marriage, domesticpartnership, dissolution of marriage or dis-solution of domestic partnership, the regis-trant, the registrant’s spouse, domesticpartner who is registered by the state, child,parent, sibling, grandparent, grandchild, legalguardian or legal representative, an author-ized representative or a government agencyacting in the conduct of its official duties.

(d) The state registrar may verify doc-umentation of identity and evidence of eligi-bility with any agency that issued thatdocumentation or evidence in reviewing anapplication.

(3) Notwithstanding subsection (2) of thissection, when 100 years have elapsed afterthe date of live birth for births occurring af-ter 1914, 50 years have elapsed after the dateof death for deaths occurring after 1964, 50years have elapsed after the date of fetaldeath for fetal deaths occurring after 1964 or50 years have elapsed after the date of mar-riage, domestic partnership, dissolution ofmarriage or dissolution of domestic partner-ship for such events occurring after 1964, thestate registrar may issue a certified copy ofa record to a person who submits an appli-cation on a form and in a manner prescribedby the state registrar by rule. An applicationsubmitted under this subsection must containproof of identity.

(4) The state registrar shall, upon receiptand approval of an application under thissection, issue a certified copy of a vital re-cord in the form of a physical image or ab-stract to the applicant.

(5) The state registrar shall require allcertified copies of vital records registered inthe state to be issued from a central data-base.

(6)(a) The state registrar may issue certi-fied copies directly to a government agencyor other institution as described in this sub-section.

(b) Upon receipt of an application undersubsection (2) of this section, the state regis-trar may issue, upon request by the qualifiedapplicant, a certified copy in electronic formto a government agency or other institutionapproved by the state registrar.

(c) The state registrar may authorize agovernment agency or other institution toreceive certified copies under this subsectionin electronic form through an automatedsystem approved by the state registrar.

(d) The state registrar, in approving theissuance of a certified copy to a governmentagency or other institution, shall considerthe proposed use for the certified copy, thefrequency of need for the certified copy, thesecurity afforded by the government agencyor institution and other criteria as deter-mined by the state registrar by rule.

(e) Certified copies issued under thissubsection may be used by a governmentagency only for purposes related to the offi-cial duties of the government agency.

(7) The state registrar shall establishminimum information to be included in acertified copy. A certified copy may not beissued without the minimum information, ex-cept that a record of live birth without afirst name for the registrant may be issuedto government agencies for adoption or cus-tody purposes.

(8) A certified copy of a death recordcontaining the cause and manner of deathmay not be issued except as follows:

(a) Upon specific request by the spouse,domestic partner who is registered by thestate, child, parent or next of kin of the de-cedent, a person in charge of disposition oran authorized representative of a person de-scribed in this paragraph;

(b) When a documented need for thecause or manner of death to establish a legalright or claim has been demonstrated; or

(c) Upon receiving an order from a courtof competent jurisdiction that requires theissuance of a certified copy of a death recordcontaining the cause and manner of death.

(9) Each certified copy issued for a re-cord registered after January 1, 2008, mustindicate the date of registration. If the re-cord was amended, the certified copy mustbe marked or flagged as having beenamended and must indicate the effective date



of the amendment. If the record is markedor flagged “Delayed,” the certified copy mustbe marked or flagged as having been delayedand must include the date of registration anda description of the evidence used to estab-lish the record. If the record is a record offoreign live birth, the certified copy must in-dicate that fact and show the actual place ofbirth. A certified copy for a record of livebirth that has been matched to a record ofdeath must be marked or flagged“Deceased.”

(10) Information identified in the UnitedStates Standard Certificates of Live Birthand Death and the Report of Fetal Death, oras identified by the state registrar by rule,as only being available for medical or healthpurposes is not subject to subpoena or courtorder and is not admissible before a court,tribunal or other judicial body. Informationidentified in the United States Standard Cer-tificates of Live Birth and Death and theReport of Fetal Death, or as identified by thestate registrar by rule, as having an admin-istrative, statistical, medical or health pur-pose may not be included in a certified copyof a vital record.

(11) After acceptance of an applicationby a qualified applicant, if a record is notidentified for the requested certified copy,the state registrar shall issue a documentindicating that a record for the requestedcertified copy has not been identified. Thedocument also must include the criteria usedin attempting to identify the record, includ-ing the type of vital event, the name of theregistrant, the date or range of dates for thevital event and other criteria used.

(12) Verification of facts contained in acertified copy may be furnished by the stateregistrar to a government agency in theconduct of its official duties. The request forverification must:

(a) Include a copy of the certified copyand be in a format prescribed or approved bythe state registrar; or

(b) If the requester attests to having thecertified copy and can provide verification,as determined by the state registrar by rule,of having the certified copy, be submittedelectronically through an automated systemapproved by the state registrar.

(13) The state registrar shall provide orapprove forms and procedures for the issu-ance of certified copies of vital records inthis state. All forms and procedures must beuniform and be in accordance with ORS432.033.

(14) The state registrar shall maintain asearchable file, either physical or electronic,of each application submitted under this sec-tion for a minimum of three years.

(15) A person may not prepare or issueany paper or electronic document that pur-ports to be an original vital record, a certi-fied copy for verification of a vital record ora copy of a vital record except as authorizedin this chapter.

(16) All applications and supporting doc-umentation submitted for the purpose of is-suing certified copies of vital records areconfidential and not subject to public disclo-sure under ORS 192.311 to 192.478. [Formerly432.180]

PROHIBITION AGAINST FRAUDULENTACTIVITY

432.385 Registering, amending or cor-recting record through fraud; fraudulentuse of record. (1)(a) When the State Regis-trar of the Center for Health Statistics re-ceives information that a record may havebeen registered, amended or correctedthrough fraud or misrepresentation, the stateregistrar may withhold issuance of certifiedcopies related to that record pending an in-quiry by appropriate authorities to determinewhether fraud or misrepresentation has oc-curred.

(b) If the appropriate authorities con-clude that no fraud or misrepresentation oc-curred, then the state registrar shall issuecertified copies related to the record. If theappropriate authorities conclude that thereis reasonable cause to suspect fraud or mis-representation, then the state registrar shallprovide copies of the record and any relevantevidence to the appropriate authorities forfurther investigation.

(c) If upon further investigation, the ap-propriate authorities conclude that fraud ormisrepresentation occurred, the state regis-trar shall provide an opportunity to the reg-istrant or the legal representative of theregistrant to respond to the findings prior tovoiding the record.

(d) If the state registrar issues an ordervoiding a record under this subsection, thestate registrar shall advise the registrant ofthe registrant’s rights under ORS 183.484.

(e) A record voided under this subsectionshall be retained by the state registrar.However, a record voided under this subsec-tion is not subject to inspection or copyingexcept upon receiving an order from a courtof competent jurisdiction or by the stateregistrar for purposes of administering thesystem of vital statistics.

(2)(a) When the state registrar receivesinformation that an application for a certi-fied copy may have been submitted for pur-poses of fraud or misrepresentation, the stateregistrar may withhold issuance of the certi-fied copy pending an inquiry by appropriate



authorities to determine whether fraud ormisrepresentation occurred.

(b) If the appropriate authorities con-clude that no fraud or misrepresentation oc-curred, then the state registrar shall issuethe certified copy. If the appropriate author-ities conclude that there is reasonable causeto suspect fraud or misrepresentation, thenthe state registrar shall provide copies of theapplication and any relevant evidence to theappropriate authorities for further investi-gation. The state registrar shall advise theapplicant of the applicant’s rights under ORS183.484.

(c) An application investigated under thissubsection shall be retained by the stateregistrar. However, an application investi-gated under this subsection is not subject toinspection or copying except upon receivingan order from a court of competent jurisdic-tion or by the state registrar for purposes ofadministering the system of vital statistics.

(3) The state registrar shall periodicallytest and audit the system of vital statisticsfor purposes of detecting fraud. If fraud isdetected, the state registrar shall providecopies of the evidence to the appropriate au-thorities for further investigation. The re-sult of such tests and audits shall be retainedby the state registrar. However, the resultsof such tests and audits are not subject toinspection or copying except upon receivingan order from a court of competent jurisdic-tion or by the state registrar for purposes ofadministering the system of vital statistics.[2013 c.366 §38]

432.405 [Amended by 1983 c.709 §17; 1997 c.783 §35;2007 c.99 §18; 2013 c.366 §22; renumbered 432.173 in 2013]

432.408 [1997 c.783 §37; 2003 c.380 §9; 2003 c.576§456a; 2007 c.99 §19; 2013 c.366 §25; renumbered 432.183in 2013]

432.410 [Repealed by 1959 c.430 §5]432.412 [1999 c.254 §6; 2003 c.380 §10; 2013 c.366 §35;

renumbered 432.360 in 2013]432.415 [Amended by 1959 c.430 §2; 1983 c.709 §10;

1997 c.783 §38; 2003 c.576 §457; 2013 c.366 §26; renumbered432.223 in 2013]

432.420 [Amended by 1957 c.193 §1; 1983 c.672 §18;1995 c.79 §221; 1995 c.730 §11; 1997 c.783 §39; 1999 c.254§3; 2013 c.366 §31; renumbered 432.250 in 2013]

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


FEES AND SALES432.435 Fees. (1) Except as provided in

ORS 432.445 and subsection (2) of this sec-tion, the Oregon Health Authority shall es-tablish fees for the services provided underthis chapter.

(2) The State Registrar of the Center forHealth Statistics shall search the system of

vital statistics and issue certified copies orother documents, as appropriate, withoutcharge if the search or issuance is:

(a) Requested in connection with a pend-ing application for benefits from the UnitedStates Department of Veterans Affairs, ifproof of the application is first submitted; or

(b) In response to an administrative erroras determined by the state registrar.

(3) Fees collected under this section mustbe deposited in the Oregon Health AuthorityFund and are continuously appropriated tothe Center for Health Statistics for the pur-pose of administering this chapter. [Formerly432.146; 2017 c.540 §4]

432.440 County registrar sale of certi-fied copies of records of live birth anddeath; rules. The Oregon Health Authorityshall adopt, taking into consideration localservice needs and interests, rules to allow acounty registrar to sell, within six monthsof the date of the event occurring in thecounty, certified copies of records of livebirth and death. [Formerly 432.085]

432.445 Issuance of additional recordof live birth; fee; form; distribution offunds received. (1) The State Registrar ofthe Center for Health Statistics shall issueupon request and upon payment of a fee inan amount set by the state registrar a recordof live birth representing that the birth ofthe person named on the record of live birthis recorded in the office of the state regis-trar. The record of live birth issued underthis section shall be in a form consistentwith the need to protect the integrity of vitalrecords but shall be suitable for display. Itmay bear the seal of the state and may besigned by the Governor.

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

(3) In setting the fee amount under sub-section (1) of this section, the state registrarshall give substantial consideration to theamount suggested by the holder of the sub-account created pursuant to section 36 (2),chapter 1084, Oregon Laws 1999, or a suc-cessor subaccount, account or fund. [Formerly432.090]

432.450 Grant program for issuance ofcertified copy of record of live birth toindividual who is homeless; rules. (1) TheOregon Health Authority shall establish agrant program for the purpose of allowing anindividual who is homeless to obtain a certi-



fied copy of the individual’s record of livebirth at a reduced rate or free of charge.

(2) In administering the program, the au-thority:

(a) Shall award grants to state, regionaland local agencies and organizations listed inORS 458.528 for the purpose specified insubsection (1) of this section;

(b) Shall develop criteria for receiving agrant under this section and processes forapplying for a grant under this section;

(c) May require recipients of a grant toreport to the authority on the use of grantfunds; and

(d) Shall adopt by rule a definition forthe term “individual who is homeless” thatgives the term the same meaning as providedin 42 U.S.C. 11302 for the terms “homeless,”“homeless individual” and “homelessperson.” [2017 c.540 §2]

432.455 Birth Certificates for Home-less Persons Fund. (1) There is establishedin the State Treasury, separate and distinctfrom the General Fund, the Birth Certif-icates for Homeless Persons Fund. Interestearned by the Birth Certificates for Home-less Persons Fund shall be credited to thefund. All moneys in the Birth Certificates forHomeless Persons Fund are continuously ap-propriated to the Oregon Health Authorityfor purposes of ORS 432.450.

(2) The Birth Certificates for HomelessPersons Fund shall consist of all moneyscredited to the fund, including moneys ap-propriated or transferred to the fund by theLegislative Assembly. [2017 c.540 §3]

CANCER AND TUMOR REGISTRYSYSTEM

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

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

(2) “Health care facility” means a hospi-tal, as defined in ORS 442.015, an ambulatorysurgical center, as defined in ORS 442.015,or any other facility in which patients arediagnosed or provided treatment for canceror benign or borderline tumors of the brainand central nervous system.

(3) “Practitioner” means any personwhose professional license allows the person

to diagnose or treat cancer in patients. [1995c.585 §1; 2001 c.104 §154; 2003 c.14 §243; 2003 c.269 §1;2009 c.595 §618; 2009 c.792 §35; 2011 c.720 §191; 2017 c.101§35]

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

432.510 Cancer and tumor registrysystem; purpose; rulemaking; duties ofOregon Health Authority. (1) The OregonHealth Authority shall establish a uniform,statewide, population-based registry systemfor the collection of information determiningthe incidence of cancer and benign orborderline tumors of the brain and centralnervous system and related data. The pur-pose of the registry shall be to provide in-formation to design, target, monitor,facilitate and evaluate efforts to determinethe causes or sources of cancer and benignor borderline tumors among the residents ofthis state and to reduce the burden of cancerand benign or borderline tumors in thisstate. Such efforts may include but are notlimited to:

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

(b) Supporting the operation of hospitalregistries in monitoring and upgrading thecare and the end results of treatment forcancer and benign or borderline tumors;

(c) Investigating suspected clusters orexcesses of cancer and benign or borderlinetumors both in occupational settings and inthe state’s environment generally;

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

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

(2) The authority shall adopt rules nec-essary to carry out the purposes of ORS432.510 to 432.550 and 432.900, including butnot limited to designating which types ofcancer and benign or borderline tumors ofthe brain and central nervous system are re-portable to the statewide registry, the datato be reported, the data reporting standardsand format and the effective date after whichreporting by health care facilities, clinicallaboratories and practitioners shall be re-quired. When adopting rules under this sub-section, the authority shall, to the greatestextent practicable, conform the rules to thestandards and procedures established by theAmerican College of Surgeons Commissionon Cancer, with the goal of achieving uni-



formity in the collection and reporting ofdata.

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

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

(b) Utilize the data to promote, facilitateand evaluate programs designed to reducethe burden of cancer and benign orborderline tumors among the residents ofOregon.

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

benign or borderline tumors with cliniciansand epidemiologists and publish reports onthe results of such studies; and

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

(5) The authority shall establish a train-ing program for the personnel of participat-ing health care facilities and a qualitycontrol program for data for cancer and be-nign or borderline tumors reported to thestate registry. [1995 c.585 §2; 2003 c.269 §2; 2007 c.71§121; 2009 c.595 §619; 2017 c.101 §36]

Note: See note under 432.500.

432.520 Reporting requirement; reviewof records; special studies. (1) Except asprovided in subsection (2) of this section, anyhealth care facility in which patients are di-agnosed or provided treatment for cancer orbenign or borderline tumors of the brain andcentral nervous system shall report eachcase of cancer or benign or borderline tu-mors of the brain and central nervous systemto the Oregon Health Authority within atime period and in a format prescribed by theauthority. The authority may provide, atcost, reporting services to health care facili-ties. Health care facilities may also pur-chase reporting services from another facilityor commercial vendor. If a health care facil-ity is unable to report in conformance withthe format and standards prescribed by theauthority, the authority may, after consulta-tion with the health care facility, elect toactivate its reporting service for the facility.When activated, the authority may enter thefacility, obtain the information and report itin conformance with the appropriate formatand standards. In these instances, the facilityshall reimburse the authority or its author-ized representative for the cost of obtainingand reporting the information.

(2) Upon application to the authority bya health care facility, the authority shall

grant to the health care facility an extensionof time in which to meet the reporting re-quirements of this section. In no event shallthe extension of time exceed one year fromthe date of application.

(3) Any practitioner diagnosing or pro-viding treatment to patients with cancer orbenign or borderline tumors of the brain andcentral nervous system shall report eachcase to the authority or its authorized repre-sentative within a time period and in a for-mat prescribed by the authority. Those casesdiagnosed or treated at an Oregon healthcare facility or previously admitted to anOregon health care facility for diagnosis ortreatment of that instance of cancer or be-nign or borderline tumors of the brain andcentral nervous system shall be consideredby the authority to have been reported bythe health care practitioner.

(4) Any clinical laboratory diagnosingcases of cancer or benign or borderline tu-mors of the brain and central nervous systemshall report each case to the authority or itsauthorized representative within a time pe-riod and in a format prescribed by the au-thority.

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

(a) Identify cases of cancer and benignor borderline tumors, the treatment of thecancer or benign or borderline tumors or themedical status of any patient identified asbeing treated for cancer or benign orborderline tumors; or

(b) Establish characteristics of the canceror benign or borderline tumors.

(6) The authority may conduct specialstudies of cancer morbidity and mortality.As part of such studies, registry personnelmay obtain additional information that ap-plies to a patient’s cancer or benign orborderline tumors and that may be in themedical record of the patient. The recordholder may either provide the requested in-formation to the registry personnel or pro-vide the registry personnel access to therelevant portions of the patient’s medical re-cord. Neither the authority nor the recordholder shall bill the other for the cost ofproviding or obtaining this information. [1995c.585 §3; 2003 c.269 §3; 2009 c.595 §620; 2017 c.101 §37]


432.530 Confidentiality of information.(1) All identifying information regarding in-dividual patients, health care facilities andpractitioners reported pursuant to ORS432.520 shall be confidential and privileged.Except as required in connection with theadministration or enforcement of public



health laws or rules, no public health offi-cial, employee or agent shall be examined inan administrative or judicial proceeding asto the existence or contents of data collectedunder the registry system for cancer and be-nign or borderline tumors of the brain andcentral nervous system.

(2) All additional information reported inconnection with a special study shall beconfidential and privileged and shall be usedsolely for the purposes of the study, as pro-vided by ORS 413.196. Nothing in this sec-tion shall prevent the Oregon HealthAuthority from publishing statistical compi-lations relating to morbidity and mortalitystudies that do not identify individual casesor prevent use of this data by third partiesto conduct research as provided by ORS432.540 (1). [1995 c.585 §5; 2003 c.269 §4; 2009 c.595§621; 2017 c.101 §38]


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

(2) The authority may enter into agree-ments to exchange information with otherregistries for cancer and benign or borderlinetumors of the brain and central nervous sys-tem in order to obtain complete reports ofOregon residents diagnosed or treated inother states and to provide information toother states regarding the residents of otherstates diagnosed or treated in Oregon. Priorto providing information to any other regis-try, the authority shall ensure that the re-cipient registry has comparableconfidentiality protections. [1995 c.585 §6; 2003c.269 §6; 2009 c.595 §622; 2017 c.101 §39]


432.550 Action for damages; license;disciplinary action prohibited for goodfaith participation in reporting of data.(1) No action for damages arising from thedisclosure of confidential or privileged infor-mation may be maintained against any per-son, or the employer or employee of anyperson, who participates in good faith in thereporting of registry data for cancer or be-nign or borderline tumors of the brain andcentral nervous system or data for cancermorbidity or mortality studies in accordancewith ORS 432.510 to 432.540 and 432.900.

(2) No license of a health care facility orpractitioner may be denied, suspended or re-voked for the good faith disclosure of confi-dential or privileged information in the

reporting of registry data for cancer or be-nign or borderline tumors of the brain andcentral nervous system or data for cancermorbidity or mortality studies in accordancewith ORS 432.510 to 432.540 and 432.900.

(3) Nothing in this section shall be con-strued to apply to the unauthorized disclo-sure of confidential or privileged informationwhen such disclosure is due to gross negli-gence or willful misconduct. [1995 c.585 §7; 2003c.269 §5; 2017 c.101 §40]

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

432.570 No requirement or prohibitionregarding operation of separate cancerand tumor registry. Nothing in ORS432.510 to 432.550 and 432.900 shall prohibita health care facility from operating its ownregistry for cancer and benign or borderlinetumors of the brain and central nervous sys-tem or require a health care facility to oper-ate its own registry for cancer and benign orborderline tumors. [1995 c.585 §9; 2003 c.269 §7; 2017c.101 §41]


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

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

(2) Any amounts collected pursuant tosubsection (1) of this section shall be paidinto the State Treasury and deposited in theGeneral Fund.

(3) Civil penalties described in subsection(1) of this section shall be imposed in themanner provided in ORS 183.745. [1995 c.585§4; 2009 c.595 §623; 2011 c.597 §195]

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

repealed by 1997 c.783 §48]

432.993 Unlawful use of vital recordor report; criminal penalty. (1) A personcommits the crime of unlawful use of a vitalrecord or report if the person willfully andknowingly:

(a) Makes a false statement to the StateRegistrar of the Center for Health Statisticsin a report or application described in thischapter;

(b) Without lawful authority and withintent to deceive, makes, counterfeits, alters,amends or mutilates a record, report, certi-



fied copy, verification or application, or doc-umentation submitted in support of a record,report, certified copy, verification or applica-tion;

(c) Obtains, possesses, uses, sells or fur-nishes to another, or attempts to obtain,possess, use, sell or furnish to another, forany purpose of deception, a record, report,certified copy, verification or application, ordocumentation submitted in support of a re-cord, report, certified copy, verification orapplication;

(d) Without lawful authority, possesses arecord, report, certified copy, verification orapplication, or documentation submitted insupport of a record, report, certified copy,verification or application, that has beenstolen or otherwise unlawfully obtained; or

(e) As an employee of the Center forHealth Statistics or of an office designatedunder ORS 432.035, furnishes or processes acertified copy of a record of live birth,knowing that the certified copy is to be usedfor the purposes of deception.

(2) Unlawful use of a vital record or re-port is a Class C felony. [1997 c.783 §42; 2013 c.366§45]

432.994 Unlawful use of vital recordor report; civil penalty. (1) The Director ofthe Oregon Health Authority may impose acivil penalty in an amount not to exceed$10,000 for each violation described in ORS

432.993. Moneys received by the authorityfrom civil penalties imposed under this sec-tion shall be deposited in the General Fundand are available for general governmentalexpenses.

(2) Civil penalties under this sectionshall be imposed in the manner provided inORS 183.745. [2013 c.366 §44]

432.995 Obstructing the keeping of vi-tal records or reports; criminal penalty.(1) A person commits the crime of obstruct-ing the keeping of vital records or reports ifthe person knowingly and willfully:

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

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

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

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

(3) Obstructing the keeping of vital re-cords or reports is a Class A misdemeanor.[1997 c.783 §43; 2013 c.366 §46]


PUBLIC HEALTH AND SAFETY
