Vital records clarification and modification

A bill for an act

relating to health; clarifying and modifying vital records; amending Minnesota

Statutes 2024, sections 144.213, subdivision 2; 144.225, subdivisions 4, 7; 197.63,

subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 144.213, subdivision 2, is amended to read:

Subd. 2.

General duties.

(a) The state registrar shall maintain a statewide system of

vital records. The state registrar is responsible for the administration and enforcement of

sections
144.211
to
144.227
and shall supervise the enforcement of sections
144.211
to

144.227
and the rules promulgated thereunder. Local issuance offices that fail to comply

with the statutes or rules or to properly train employees may have their issuance privileges

and access to the vital records system revoked.

(b) To preserve vital records, the state registrar is authorized to prepare typewritten,

photographic, electronic, or other reproductions of original records and files in the Office

of Vital Records. The reproductions, when certified by the state registrar, shall be accepted

as the original records.

(c) The state registrar shall also:

(1) establish, designate, and eliminate offices in the state to aid in the efficient issuance

of vital records;

(2) direct the activities of all persons engaged in activities pertaining to the operation of

the system of vital records;

(3) develop and conduct training programs to promote uniformity of policy and

procedures throughout the state in matters pertaining to the system of vital records; and

(4) prescribe, furnish, and distribute all forms required by sections
144.211
to
144.227

and any rules adopted under these sections, and prescribe other means for the transmission

of data, including electronic submission, that will accomplish the purpose of complete,

accurate, and timely reporting
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and
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,
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registration
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, and issuance
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.

Sec. 2.

Minnesota Statutes 2024, section 144.225, subdivision 4, is amended to read:

Subd. 4.

Access to records for research purposes.

The state registrar may permit

persons performing
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medical
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research access to the information restricted in subdivision 2

or 2a if those persons agree in writing not to disclose private or confidential data on

individuals.

Sec. 3.

Minnesota Statutes 2024, section 144.225, subdivision 7, is amended to read:

Subd. 7.

Certified birth or death record.

(a) The state registrar or local issuance office

shall issue a certified birth or death record or a statement of no vital record found to an

individual upon the individual's proper completion of an attestation provided by the

commissioner and payment of the required fee:

(1) to a person who is:

(i) the subject of the vital record;

(ii) a child of the subject;

(iii) the spouse of the subject;

(iv) a parent of the subject;

(v) the grandparent or grandchild of the subject;

(vi) if the requested record is a death record, a sibling of the subject;

(vii) the legal custodian, guardian or conservator, or health care agent of the subject;

(viii) a personal representative, by sworn affidavit of the fact that the certified copy is

required for administration of the estate;

(ix) a successor of the subject, as defined in section
524.1-201
, if the subject is deceased,

by sworn affidavit of the fact that the certified copy is required for administration of the

estate;

(x) if the requested record is a death record, a trustee of a trust by sworn affidavit of the

fact that the certified copy is needed for the proper administration of the trust;

(xi) a person or entity who demonstrates that a certified vital record is necessary for the

determination or protection of a personal or property right, pursuant to rules adopted by the

commissioner;
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or
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(xii) an adoption agency in order to complete confidential postadoption searches as

required by section
259.83
;
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or
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(xiii) a person who is eligible under section 197.63;

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(2) to any local, state, tribal, or federal governmental agency upon request if the certified

vital record is necessary for the governmental agency to perform its authorized duties;

(3) to an attorney representing the subject of the vital record or another person listed in

clause (1), upon evidence of the attorney's license;

(4) pursuant to a court order issued by a court of competent jurisdiction. For purposes

of this section, a subpoena does not constitute a court order; or

(5) to a representative authorized by a person under clauses (1) to (4).

(b) The state registrar or local issuance office shall also issue a certified death record to

an individual described in paragraph (a), clause (1), items (ii) to (xi), if, on behalf of the

individual, a licensed mortician furnishes the registrar with a properly completed attestation

in the form provided by the commissioner within 180 days of the time of death of the subject

of the death record. This paragraph is not subject to the requirements specified in Minnesota

Rules, part
4601.2600
, subpart 5, item B.

Sec. 4.

Minnesota Statutes 2024, section 197.63, subdivision 1, is amended to read:

Subdivision 1.

Issuance without charge.

A certified copy of a birth
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,
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or
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death
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,
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record

pursuant to section 144.225, subdivisions 2 and 7;
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marriage, divorce, dissolution of marriage

record
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,
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;
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or certified copy of veteran's discharge recorded pursuant to section
386.20
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,
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shall

be issued promptly by the officer charged with the keeping of the records upon the request

of, and without any charge to, any veteran, the surviving spouse or next of kin of the veteran,

a county veteran service officer appointed pursuant to section
197.60
, or a service officer

of any veterans organization chartered by the Congress of the United States or the Department

of Veterans Affairs for use in the presentation of claims to the United States Veterans

Administration or in connection with any veterans organization or the Department of Veterans

Affairs. The word "veteran" as used in this section means any man or woman who is a

veteran as defined in section
197.447
, and who is a citizen of the United States or resident

alien.