2015 -- H 5863

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LC002098

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY - VITAL RECORDS

     

     Introduced By: Representatives Ackerman, Shekarchi, Craven, Keable, and Kennedy

     Date Introduced: March 12, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-3-23 of the General Laws in Chapter 23-3 entitled "Vital

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Records" is hereby amended to read as follows:

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     23-3-23. Disclosure of records. -- (a) To protect the integrity of vital records, to insure

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their proper use, and to insure the efficient and proper administration of the vital records system,

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it shall be unlawful for any person to permit inspection of, or to disclose information contained in,

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vital records, or to copy, or issue a copy, of all or part of any vital record except as authorized by

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regulation, or as provided for herein.

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      (b) The director of health may authorize under appropriate safeguards the disclosure of

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data contained in vital records for research purposes.

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      (c) Information in vital records indicating that a birth occurred out of wedlock shall not

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be disclosed except as provided by regulation, upon order of a court of competent jurisdiction, or

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until the record becomes a public record as defined by regulations.

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      (d) Appeals from decisions of the custodians of permanent local records refusing to

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disclose information, or to permit inspection of or copying of records, of persons born one

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hundred (100) years before the date of inspection, under the authority of this section and

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regulation issued under this section, shall be made to the state registrar of vital records.

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Notwithstanding the provisions of this section, those records shall be open for research to any

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member of a legally incorporated genealogy society and those societies shall be permitted to

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incorporate statistics derived from those records in their publications, upon receipt of permission

 

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of the director of health; and provided, further, that no person, except the person whose birth is

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recorded, his or her issue, parent or guardian, spouse, civil union and/or registered domestic

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partner, grandparent, or sibling; or attorneys at law, title examiners, or members of legally

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incorporated genealogical societies in the conduct of their official duties as defined in regulations

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shall have any access to, or be permitted to, examine the original or any copy of the birth

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certificate or birth record, of any person in the custody of any registrar of vital records or of the

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state department of health.

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     (e) Title examiners, attorneys, or members of legally incorporated genealogical societies

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in the conduct of their official duties as defined in regulations, shall be allowed to examine death

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certificates which have been filed with the department of health and/or municipalities. No fees

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shall be charged to such persons for the searching or viewing of death certificates, but fees for

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copies pursuant to ยงยง 23-1-54 or 23-3-25 shall apply.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - VITAL RECORDS

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     This act would provide that title examiners, attorneys, and members of legally

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incorporated genealogical society would be allowed to examine death certificates which have

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been filed with the department of health and/or municipalities. Fees could be charged to such

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persons for the copying of said records, but not for searching for said records.

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     This act would take effect upon passage.

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