Citations Affected: IC 5-14-3-4; IC 16-18-2; IC 16-19-10-4;
IC 16-37.
Synopsis: Birth and death records. Adopts privacy standards for
disclosure of information contained in vital records, reports, and
statistics. Requires the state department of health to adopt rules for
inspections of vital records, reports, and statistics for genealogical
studies. Allows the news media to inspect and copy vital records,
reports, and statistics. Makes conforming changes.
Effective: July 1, 2006.
January 4, 2006, read first time and referred to Committee on Public Health.
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
higher education, including information:
(A) concerning any negotiations made with respect to the
research; and
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained as
part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39.
(10) Application information declared confidential by the
twenty-first century research and technology fund board of the
Indiana economic development corporation under IC 4-4-5.1.
IC 5-28-16.
(11) A photograph, a video recording, or an audio recording of an
autopsy, except as provided in IC 36-2-14-10.
(12) A Social Security number contained in the records of a
public agency.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies. However,
certain law enforcement records must be made available for
inspection and copying as provided in section 5 of this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data used
in administering a licensing examination, examination for
employment, or academic examination before the examination is
given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has not
consented to the release of the person's scores.
(5) The following:
(A) Records relating to negotiations between the Indiana
economic development corporation, the Indiana development
finance authority, the film commission, the Indiana business
modernization and technology corporation, or economic
development commissions with industrial, research, or
commercial prospects, if the records are created while
negotiations are in progress.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the Indiana
economic development corporation, the Indiana development
finance authority, the Indiana film commission, the Indiana
business modernization and technology corporation, or
economic development commissions to an industrial, a
research, or a commercial prospect shall be available for
inspection and copying under section 3 of this chapter after
negotiations with that prospect have terminated.
(C) When disclosing a final offer under clause (B), the Indiana
economic development corporation shall certify that the
information being disclosed accurately and completely
represents the terms of the final offer.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that are
communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants for
public employment, except for:
(A) the name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates of
first and last employment of present or former officers or
employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
(C) the factual basis for a disciplinary action in which final
action has been taken and that resulted in the employee being
suspended, demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or the employee's representative. This
subdivision does not apply to disclosure of personnel information
generally on all employees or for groups of employees without the
request being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a record keeping or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency
or entrusted to it and portions of electronic maps entrusted to a
public agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
subdivision (8).
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of the donor's identity as
a condition of making the gift; or
(B) after the gift is made, the donor or a member of the donor's
family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in
the documents under which the deposit or acquisition is
made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect contracts
entered into by the Indiana state library pursuant to IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of motor
vehicles concerning the ability of a driver to operate a motor
vehicle safely and the medical records and evaluations made by
the bureau of motor vehicles staff or members of the driver
licensing medical advisory board regarding the ability of a driver
to operate a motor vehicle safely. However, upon written request
to the commissioner of the bureau of motor vehicles, the driver
must be given copies of the driver's medical records and
evaluations.
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(19) A record or a part of a record, the public disclosure of which
would have a reasonable likelihood of threatening public safety
by exposing a vulnerability to terrorist attack. A record described
under this subdivision includes:
(A) a record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under IC 35-47-12-1
or an act of agricultural terrorism under IC 35-47-12-2;
(B) vulnerability assessments;
(C) risk planning documents;
(D) needs assessments;
(E) threat assessments;
(F) domestic preparedness strategies;
(G) the location of community drinking water wells and
surface water intakes;
(H) the emergency contact information of emergency
responders and volunteers;
(I) infrastructure records that disclose the configuration of
critical systems such as communication, electrical, ventilation,
water, and wastewater systems; and
(J) detailed drawings or specifications of structural elements,
floor plans, and operating, utility, or security systems, whether
in paper or electronic form, of any building or facility located
on an airport (as defined in IC 8-21-1-1) that is owned,
occupied, leased, or maintained by a public agency. A record
described in this clause may not be released for public
inspection by any public agency without the prior approval of
the public agency that owns, occupies, leases, or maintains the
airport. The public agency that owns, occupies, leases, or
maintains the airport:
(i) is responsible for determining whether the public
disclosure of a record or a part of a record has a reasonable
likelihood of threatening public safety by exposing a
vulnerability to terrorist attack; and
(ii) must identify a record described under item (i) and
clearly mark the record as "confidential and not subject to
public disclosure under IC 5-14-3-4(b)(19)(J) without
approval of (insert name of submitting public agency)".
This subdivision does not apply to a record or portion of a record
pertaining to a location or structure owned or protected by a
public agency in the event that an act of terrorism under
IC 35-47-12-1 or an act of agricultural terrorism under
IC 35-47-12-2 has occurred at that location or structure, unless
release of the record or portion of the record would have a
reasonable likelihood of threatening public safety by exposing a
vulnerability of other locations or structures to terrorist attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in IC 8-1-2-1):
(A) Telephone number.
(B) Address.
(C) Social Security number.
(21) The following personal information about a complainant
contained in records of a law enforcement agency:
(A) Telephone number.
(B) The complainant's address. However, if the complainant's
address is the location of the suspected crime, infraction,
accident, or complaint reported, the address shall be made
available for public inspection and copying.
(22) Vital records, vital reports, and vital statistics required
to be kept confidential under IC 16-37-1-10.5 and
IC 16-37-1-10.6.
(c) Nothing contained in subsection (b) shall limit or affect the right
of a person to inspect and copy a public record required or directed to
be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law:
(1) a vital record that is a certificate or report of a death shall
be made available for inspection and copying fifty (50) years
after the creation of the record; and
(2) a public record that is classified as confidential, other than a
record concerning an adoption, shall be made available for
inspection and copying seventy-five (75) years after the creation
of that record.
(e) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.
form of identification.
However, the local health officer must issue a certificate of an
applicant's own birth registration.
(b) (a) A local health officer's decision whether or not to issue a
certified copy of a birth certificate is subject to review by a court.
(c) (b) A local health officer may not issue a copy of a birth
certificate of a missing child to which a notice has been attached under
IC 10-13-5-11 without the authorization of the Indiana clearinghouse
for information on missing children.
acting as a representative of the news media (as defined in
IC 5-14-1.5-2(j)).
(d) An appeal from the decision of a registrar of vital records
who refuses to disclose information from records as required by
this section and rules adopted under this chapter must be made to
the state registrar, whose decision is binding.
(e) Seventy-five (75) years after the date of a person's birth, the
records of the person's birth in the custody of the state or local
registrar must be available to the public without restriction in
accordance with rules that provide for the continued safekeeping
of the records.
(f) The state registrar or a local registrar may furnish copies of
vital records, vital reports, or data to the federal agency
responsible for national vital statistics as required for national
statistics. To furnish the records, reports, or data, the state
registrar must enter into an agreement with the federal agency,
indicating the statistical or research purposes for which the
records, reports, or data may be used. An agreement must also set
forth the support to be provided by the federal agency for the
collection, processing, and transmission of the records, reports, or
data. Upon written request of the federal agency, the state registrar
may approve, in writing, additional statistical or research uses of
the records, reports, or data supplied under the agreement.
(g) A federal, state, or local governmental agency may, upon
request, be furnished with copies of records or data from the
system of vital statistics if the copies or data are used solely in the
conduct of the official duties of the federal, state, or local
governmental agency.
(h) The state registrar may, by agreement, transmit copies of
vital records and other reports required by this chapter to offices
of vital statistics outside Indiana if the records or other reports
relate to residents of other states or persons born in the other
states. An agreement must specify the statistical and administrative
purposes for which the records may be used, and the agreement
must provide instructions for the proper retention and disposition
of copies. Copies received by the state data center from the office
of vital statistics from another state must be handled in the same
manner as state records are handled.
requested vital record, the state registrar or local registrar, as
authorized under IC 16-20-1-17, upon receipt of an application and
valid identification, shall issue a certified copy of a vital record or
a part of the vital record in the custody of the state or local
registrar to:
(1) the person listed on the record;
(2) the listed mother or father of the person;
(3) the grandparent of the person, when the grandparent is
the parent of the person listed as the mother or father of the
person;
(4) the spouse, sibling, or offspring of the person named on the
record;
(5) a person with a court ordered guardianship of the person
named on the record;
(6) a person authorized by a court order to receive the record;
or
(7) a person conducting a genealogical study in compliance
with rules adopted by the state department under IC 4-22-2.
Another person may be authorized to obtain certified copies if the
person demonstrates that the vital record is needed for the
determination or protection of personal or property rights. The
state department may adopt rules under IC 4-22-2 to specify who
may obtain copies of vital records filed under this chapter.
(b) All certified copies issued must have security features that
deter the vital record from being altered, counterfeited, duplicated,
or simulated without ready detection.
(c) A certified copy or other copy of a death certificate
containing cause of death information may not be issued except as
follows:
(1) Upon specific request of the spouse, child, parent, or other
next of kin of the decedent or respective authorized
representatives.
(2) A documented need for the cause of death to establish a
legal right or claim has been demonstrated.
(3) The request for the copy is made by or on behalf of an
organization that provides benefits to the decedent's survivors
or beneficiaries.
(4) Upon specific request by a local, state, or federal agency
for research or administrative purposes approved by the state
registrar.
(5) When needed for research activities approved by the state
or local registrar.
officer shall make a permanent record of the following from a birth
certificate:
(1) Name.
(2) Sex.
(3) Date of birth.
(4) Place of birth.
(5) Name of the parents.
(6) Birthplace of the parents.
(7) The date of filing of the certificate of birth.
(b) Except as provided in subsection (c), the permanent record shall
be open to public inspection.
(c) (b) The birth record of an adopted child remains subject to the
confidentiality provisions of IC 31-19 regarding the release of adoption
information.