DAR File No. 40439

Health, Center for Health Data, Vital Records and Statistics

Section R436-13-1

Integrity of Vital Records

Notice of Proposed Rule

(Amendment)

DAR File No.: 40439
Filed: 05/20/2016 05:49:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule filing establishes factors that the custodian of vital records may consider when determining if a vital record should be disclosed to a genealogist requesting access to a record under Subsection 26-2-22 (3)(b).

Summary of the rule or change:

Subsection R436-13-1(4) is added to establish factors that the custodian of vital records may consider when determining if a vital record should be disclosed to a genealogist requesting access to a record under Subsection 26-2-22 (3)(b).

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 1

Anticipated cost or savings to:

the state budget:

There are no anticipated savings or anticipated costs to the state budget with this rule filing as it only establishes factors to be considered by the custodian of vital records when determining if a vital record should be disclosed to a genealogist.

local governments:

There are no anticipated savings or anticipated costs to local governments with this rule filing as it only establishes factors to be considered by the custodian of vital records when determining if a vital record should be disclosed to a genealogist.

small businesses:

There are no anticipated savings or anticipated costs to small businesses with this rule filing as it only establishes factors that may be considered by the custodian of vital records when determining if a vital record should be disclosed to a genealogist.

persons other than small businesses, businesses, or local governmental entities:

This rule filing establishes factors that the custodian of vital records may consider when determining if a vital record should be disclosed to a genealogist requesting access to a record under Subsection 26-2-22 (3)(b). Without these factors, the Utah Department of Health (UDOH) would possibly require that a genealogist obtain a court order specifying the record to be released before releasing it. With this rule filing, some genealogists will avoid the expense of having to obtain a court order. UDOH is unable to estimate the cost savings to genealogists.

Compliance costs for affected persons:

This rule filing establishes factors that the custodian of vital records may consider when determining if a vital record should be disclosed to a genealogist requesting access to a record under Subsection 26-2-22 (3)(b). Without these factors, UDOH would possibly require that a genealogist obtain a court order specifying the record to be released before releasing it. With this rule filing, some genealogists will avoid the expense of having to obtain a court order. UDOH is unable to estimate the cost savings to genealogists.

Comments by the department head on the fiscal impact the rule may have on businesses:

This proposed rule may have a slight positive fiscal impact on a small number of businesses that fall within the definition of genealogists who would no longer need to obtain a court order for release of the record.

Joseph K. Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Center for Health Data, Vital Records and Statistics
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Richard Oborn at the above address, by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/15/2016

This rule may become effective on:

07/22/2016

Authorized by:

Joseph Miner, Executive Director

R436. Health, Center for Health Data, Vital Records and Statistics.

R436-13. Disclosure of Records.

R436-13-1. Integrity of Vital Records.

To protect the integrity of vital records:

(1) The State Registrar and other custodians of vital records shall not permit inspection of, or disclose information contained in vital statistics records, or copy or issue a copy of all or part of any such record, unless the applicant has a direct and tangible interest in such record. In addition to the definition of direct, tangible, and legitimate interest as defined in Section 26-2-22, those who may or may not have a direct and tangible interest are as follows:

(a) The registrant, a member of the immediate family, the guardian, or a designated legal representative shall be considered to have a direct and tangible interest. Others may demonstrate a direct and tangible interest when information is needed for determination or protection of a personal or property right.

(b) The natural parents of adopted children, when neither has custody, shall not be considered to have a direct and tangible interest.

(c) Commercial firms or agencies requesting listings of names and addresses shall not be considered to have a direct and tangible interest.

(2) The State Registrar or the local custodian may provide copies of certificates or disclose data from vital statistics records to federal, state, county, or municipal agencies of government requesting such data in the conduct of their official duties. Certificate copies or individual identifiable information may not be given by the receiving government agency to other agencies or individuals, or used for purposes not authorized at the time of the request.

(3) The State Registrar or local custodian shall not issue a certified copy of a record until a signed application has been received from the applicant. In emergencies, telephone requests may be accepted with documentation as to the identity of the person making the telephone request. Whenever it is determined necessary to establish an applicant's right to information from a vital record, the State Registrar or local custodian may also require identification of the applicant or a sworn statement.

(4) When determining whether a genealogist under Subsection 26-2-22 (3)(b) has demonstrated a direct, legitimate, and tangible interest in a record, the custodian of vital records may consider various relevant factors including the following:

(a) the genealogist shares a common ancestor with the subject of the vital record, the subject is deceased, and the subject has no living immediate family;

(b) the genealogist's stated interest in the vital record;

(c) inability to find information sought in the vital record from other sources; or

(d) the genealogist can provide a written contract for professional genealogical services on behalf of the subject or the subject's immediate family members.

([4]5) Nothing in this rule shall be construed to permit disclosure of information contained in the "Information for Medical and Health Use Only" section of the birth and fetal death certificates or the "Information for Statistical Purposes Only" section of the Certificate of Marriage or Certificate of Divorce, Dissolution of Marriage, or Annulment unless specifically authorized by the State Registrar for statistical or research purposes or if authorized by a court of competent jurisdiction.

 

KEY: vital statistics, copying processes, standards

Date of Enactment or Last Substantive Amendment: [ February 17, ]2016

Notice of Continuation: March 21, 2013

Authorizing, and Implemented or Interpreted Law: 26-2-22