Hello everyone,
I received this from Rep. Peggy Welch regarding the "Vital Records Bill" HB1540.
The original bill did not pass the House. According to Rep. Welch an amended bill will be
introduced again in the future. Maybe reading this, it will explain some of your questions
and thoughts about the bill. I still feel this bill will inhibit our genealogy research. I
have already e-mailed Rep. Welch and explained my reasons. Please contact your
representatives if you do not agree with this bill.
Angela Tielking
TO: INDIANA HOUSE MEMBERS
FROM: PEGGY WELCH
RE: HB 1540, VITAL RECORDS BILL
DATE: FEBRUARY 26, 2003
I appreciate your patience regarding the number of e-mails and letters that have been
generated by this bill. I ask for your continued patience as I attempt to explain the
contents of the bill, give to you some general information, and address some concerns.
As a reminder, a vital record is a birth or death record. The information on a vital
record is used to produce birth and death certificates.
During the fall, I spoke at the Indiana Vital Records Registrars annual conference. At
that conference, I served on a panel with Senator Garton and an official of the US State
Department, Passport Division. I learned a lot about vital records. From the State
Department official, we learned about how vital records are used in identity thefts.
After the conference, the registrars asked me if I would author national model legislation
which limits the public's access to vital records.
HB 1540 is based on that model legislation. The bill was heard and amended in the Health
Committee. The bill was also amended on second reading. The amendments were offered to
address the concerns of genealogists and Hoosier Press.
The goal of the legislation (and the registrars) is to make access to vital records
consistent at the local and state levels and to provide protection of vital records from
use in identity theft.
What does HB 1540 do?
Section 1: Adds vital records, vital reports, and vital statistics to the list of public
records exempted from disclosure. Also, in the section, language is added to allow death
records to be open after 50 years after the death of the person. Current law keeps the
record closed for 75 years.
Sections 2 and 3: Definitions
Section 4: Adds language that the State Health Data Center is to provide access to health
data to persons who are permitted to do research and be issued certified copies of
records.
Section 5: The current language refers to local health departments. The language refers
to whom a certified vital record can be released. It does not prohibit the viewing,
transcribing, or copying of the records. Language is struck referencing how the local
registrar would issue certificates.
Section 6: The current language refers to state health department. The state health
department only allows the viewing and the issuance of certified copies under certain
circumstances. This language is struck.
Section 7: Adds language to the "restricted access" section of current law.
The new language makes clear why we are pursuing HB 1540: to protect the integrity of
vital records; to ensure the proper use of vital records; to ensure the efficient and
proper administration of the system of vital statistics; and to support public health uses
of the data. This is the section that makes the local and state health departments
consistent in the access to vital records. It is also in this section that specific
language was added regarding genealogists. The language states that a vital record can be
released to a person doing a genealogical study, per rules adopted by the state department
of health. NOTE: genealogists are concerned that the rules will be onerous. It is not
the intent of the local or state registrars to make it difficult for genealogists to
pursue their hobby. SECOND NOTE: I personally commit to being vigilant in monitoring the
rule making. The language also!
permits the media to have access to vital records. The section contains language stating
that a birth record will be open 75 years after the birth of the person.
Section 8: New language states to who certified copies of records may be issued. Note
that genealogists and the press are again addressed in this section. It is anticipated
that the state department of health will be adopting rules regarding additional persons
and groups.
Section 9: Strikes language that states that the vital records are open to the public.
General Information
Vital records were originally kept to provide information to health officers about the
births and deaths of citizens. After awhile, the birth record began to be used as an
identifying document. A birth record is known as a "breeder" document, which
means it is used for obtaining a passport, social security number, and driver's
license.
Currently, in the local health departments, anyone from the general public may view,
transcribe, and/or copy birth and death records. The following is information found in
Indiana birth and death records. I have examples, if you would like to see them. A live
birth record contains the following information: child's complete name; sex; date of
birth; place of birth; attending doctor's name and address; mother full name,
including her maiden name; her date and place of birth; her address; father's full
name, date and place of birth. A fetal death record includes: same information, plus
cause of death (immediate cause and due to or consequence of); other significant
conditions of fetus or mother; when fetus died (before or during labor or after delivery
or unknown); age of fetus at time of death; was autopsy done; burial information. There
is additional information on the record that is for "Medical and Health Use
Only". It includes additional information on the mother !
and father, such as race, education, occupation, pregnancy history, and syphilis test on
mother. Public may view, but not copy the "Paternity Affidavit", which is
considered a vital record. Death record includes: name of person; sex; time of death;
date of death; social security number (which is protected from the public, per statute);
date and place of birth; was person a veteran and when did he/she last serve; where did
person die; occupation; marital status; name and address of spouse; was person of Hispanic
origin; race; education level; mother and father's names; informant's name and
address and relation; method of disposition; date and place of disposition; embalmer's
name and license number; death reported to coroner?; signature, license number, and
address of funeral director; cause of death-immediate cause and contributing conditions;
other significant conditions; was person pregnant; was an autopsy performed; certifier of
death information; manner of death (natu!
ral, suicide, accident, homicide, pending investigation, could not be determined);
information if death was from injury.
Other Considerations
The Health Information Portability and Accountability Act (HIPPA) is federal law that
takes effect April 14, 2003. It prohibits the release of any information to the public
regarding patients in any healthcare setting to protect patient privacy and
confidentiality. No more birth announcements and ambulance run notes in your local paper!
The act puts the patient "in charge" as to what information can be released to
the public. Registrars consider the birth record a person's first medical record and
their death record their last medical record.
Thirty-five states already have language similar to HB 1540. I personally contacted six
of those states. Below is some general information I was given regarding the access they
allow to vital records:
Utah (the genealogy capital of the country, if not world): Their vital records are only
open to the subject, the immediate family, the guardian of the subject, or a designated
legal representative (which includes a genealogist). For a genealogist to have access to
the vital records, he/she must have a signed "permission slip" from a member of
the immediate family.
New Hampshire: Records restricted at state and local level. Birth records before 1901
are open; death, marriage, divorce open before 1948. Have records going back to 1648.
95% of model law. Media does not have access-must get permission from state registrar.
Michigan: Since 1978 vital records have been exempt from public access. Records
restricted at state and local level. Rules were promulgated for genealogists. Until
recently, birth records open after 110 years. Now, it is 100 years. There are no
exceptions to their rules for the media.
Alabama: Records restricted at state and local level to immediate family; a little more
lenient for death records. Birth records closed for 125 years; death records closed for
25 years. Press has access to data, but not individual records.
Pennsylvania: Records restricted at state and local level. Genealogists must apply for
records. As of 2/03, photo ID required with application and application must be signed by
eligible applicant. Open for records before 1906.
Mississippi: Records are restricted at state-no records at local level. Must show direct
interest. Genealogists must give written request to state registrar. Records are not
open to the press at all.
Genealogists Concerns I gleaned from the numerous e-mails I received from Indiana and
across the U.S. I have attempted to provide answers or explanations to the concerns.
1. Access to records: It is not the goal of the state or local vital record
registrars to prevent genealogists from having access to birth and death records. The
goal is to prevent every Tom, Dick, and Harry off the street being able to view,
transcribe, and/or get unofficial copies of birth and death records.
2. Loss of tourism dollars: Access to birth and death records by genealogists
will be addressed in rules adopted by the State Department of Health. Folks from around
the country will still be able to pursue their genealogy hobby.
3. Vital Record registrars just want less work: Local registrars have assured me
that this is not the case. See #1.
4. "I should have free access to public records": IC 5-14-3-4 is a
listing of public records that are excepted from disclosure. Some of those records are:
medical records (Again, some regard vital records another type of medical record); library
or archival records (the public cannot find out what books you have checked out from the
library, but they can know personal facts about you and your family); release of certain
lists of people for commercial purposes (a man in Marion County requested a copy of all
Marion County birth records for 2000-the assumption was he wanted the records to do a
commercial mailing. He would have been given the birth records as long as he paid the
25-cent per copy fee).
5. "I won't be able to afford the high fees to get records": There
would be no charge for viewing the records and there would be the nominal charge for
unofficial copies. There would be the standard fee for certified copies.
6. "I will have to pay a professional genealogist": The bill does not
refer in any way to a genealogist having to be a professional.
7. Common complaint of inconsistencies in local health departments in the
application of access to records: HB 1540 would provide that consistency and remove all
uncertainty as to the rules for disclosure.
8. HB 1540 would not affect identity theft: It is true that most identity theft
happens from people you know or from the theft of your billfold. Nonetheless, identity
thieves are becoming more savvy, and as personal information becomes more valuable in the
acquisition of new identities, birth and death records are a perfect place to acquire that
information.
9. Suggestion to register genealogists: This seems to me to be a bit onerous.
Again, it is not the goal to make it difficult for genealogists to get information. How
they will get the information will be determined by promulgated rules. Let me repeat, I
will personally monitor the rulemaking process.
10. "Maybe there is too much information on the records": It has
been explained to me that every so often the records are reviewed for what kind of
information is needed by the data collectors. Consistently, more information is required
to be placed on the records.