SF 190

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:11am

A bill for an act
relating to health; requiring a replacement death record when ordered by
the court; amending Minnesota Statutes 2008, 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 2008, 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 modified vital records. new text end

new text begin If a court finds that a
death record is incomplete, inaccurate, or false, 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 register a replacement vital record containing
the findings of the court. The prior vital record shall be confidential according to section
13.02, subdivision 3, and shall not be disclosed except under a court order.
new text end

Sec. 3.

Minnesota Statutes 2008, 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, inaccurate, or false and may order the registration of a replacement vital
record under section 144.221, subdivision 4.
new text end