HF 526

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/08/2021 04:06pm

A bill for an act
relating to health; changing access to birth and death records; amending Minnesota
Statutes 2020, section 144.225, subdivision 7.

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

Section 1.

Minnesota Statutes 2020, 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 deleted text begin has a tangible interest in the requested vital record. A person who
has a tangible interest deleted text end 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;

deleted text begin (vii) the party responsible for filing the vital record;
deleted text end

deleted text begin (viii) deleted text end new text begin (vii) new text end the legal custodian, guardian or conservator, or health care agent of the subject;

deleted text begin (ix) deleted text end new text begin (viii) new text end a personal representative, by sworn affidavit of the fact that the certified copy
is required for administration of the estate;

deleted text begin (x) deleted text end new text begin (ix) new text end 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;

deleted text begin (xi) deleted text end new text begin (x) new text end 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;

deleted text begin (xii) deleted text end new text begin (xi) new text end 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; or

deleted text begin (xiii) deleted text end new text begin (xii) new text end an adoption agency in order to complete confidential postadoption searches
as required by section 259.83;

(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 new text begin representing the subject of the vital record or another person listed in
clause (1), new text end 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 deleted text begin (viii) deleted text end new text begin (xi) new text end , 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.