HF 1251

as introduced - 90th Legislature (2017 - 2018) Posted on 02/20/2018 01:55pm

A bill for an act
relating to health; requiring an amended death record when ordered by the court;
amending Minnesota Statutes 2016, sections 144.221, by adding a subdivision;
390.23.

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

Section 1. new text begin CITATION.
new text end

new text begin This act may be cited as "Ryan's Vital Record Rights Act."
new text end

Sec. 2.

Minnesota Statutes 2016, section 144.221, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Incomplete, incorrect, and amended vital records. new text end

new text begin If a court finds that a
death record is incomplete or inaccurate, the court may order the registration of a replacement
vital record, and, if necessary, set forth the correct information in the order. Upon receipt
of the order, the registrar shall amend the vital record containing the findings of the court.
new text end

Sec. 3.

Minnesota Statutes 2016, section 390.23, is amended to read:

390.23 DEATH RECORDS.

new text begin (a) new text end No person, other than the county coroner or medical examiner or, for deaths occurring
within a facility licensed by the Department of Corrections, the forensic pathologist who
reviewed the death, shall file or amend the cause or manner of death information with the
state registrar in cases of likely or suspected accidental, suicidal, homicidal, violent, or
mysterious deaths occurring in the county. The forensic pathologist who reviewed the death
of an incarcerated person within a facility licensed by the Department of Corrections may
file or amend the cause or manner of death information with the state registrar. If there is
reasonable proof that a death has occurred, but no body has been found, a judge may direct
the state registrar to register the death with the fact of death information provided by the
court order according to section 144.221, subdivision 3.

new text begin (b) A court may find that the cause or manner of death information on a death record is
incomplete or inaccurate, and may order the registration of an amendment to the vital record
under section 144.221, subdivision 4.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment and is effective for death records
registered as of January 1, 2001.
new text end