Missouri Code of State Regulations
Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES
Division 10 - Office of the Director
Chapter 10 - Vital Records
Section 19 CSR 10-10.090 - Access to Vital Records
Universal Citation: 19 MO Code of State Regs 10-10.090
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule protects the integrity of vital records and the personal privacy of the registrants and determines who is entitled to receive copies or information from vital records.
(1) The state registrar of vital records or the custodian of permanent local vital records shall not permit anyone to disclose information contained in vital records, or to copy or issue a copy of all or part of any vital records except as authorized in this rule.
(A) As authorized by section 193.255.1, RSMo
1986, the registrant, a member of his/her immediate family, his/her guardian or
one (1) of their respective official representatives shall be considered to
have a direct and tangible interest and may be issued a certified copy of a
vital record. Others may demonstrate a direct and tangible interest when
information is needed for determination or protection of personal or property
rights.
1. Applicants requesting records
shall furnish adequate identifying information contained on the record to
insure the correct record is being released.
2. The term immediate family shall include
those family members and in-laws in the direct line of descent up to, but not
including, cousins. Immediate family members are eligible to receive copies of
birth certificates.
3. All family
members, genealogists representing a family member and professionally
recognized genealogists are eligible to receive copies of death
certificates.
4. The term official
representative shall include an attorney, physician, funeral director or other
authorized agent acting in behalf of the registrant or his/her family. An other
authorized agent shall produce a signed statement by the registrant or a member
of his/her family authorizing the release of a record. A funeral director may
act as the official representative of a family to obtain copies of death
certificates only.
5. A guardian
may receive a copy of the birth certificate of a child who is under his/her
care and custody by showing guardianship papers.
6. Foster parents may receive a copy of a
birth certificate of a child who is under their care and custody upon
furnishing a copy of their custody papers.
7. A stepparent may receive a copy of a
certificate of a legitimate birth by stating relationship.
8. An alleged father of a child may not
receive a copy of that child's birth records unless he is shown as the father
on that record.
9. Whenever it
shall be deemed necessary to establish an applicant's right to information from
a vital record, the state registrar or local custodian also may require
identification of the applicant or a notarized sworn statement.
(B) As authorized by section
193.245(3),
RSMo (1986), the state registrar of vital records may authorize the disclosure
of information contained in vital records for legitimate research purposes.
1. The term legitimate means conforming to or
in accordance with generally accepted standards or principles governing
research.
2. The term research
means a systematic study designed to develop or contribute to generalizable
knowledge. The term generalizable means to emphasize the general character
rather than specific details of, to formulate general principles or inferences
from particulars.
3. No data shall
be furnished from records for research purposes until the state registrar of
vital records has received and approved a formal request for the research
project. The request shall be approved only if adequate assurances are provided
to assure that the research is legitimate and to protect the confidentiality of
the records requested. These assurances include, but are not limited to:
A. Security measures shall limit access to
the records to members of the research staff;
B. Any release of records to other agencies
shall be only with prior approval from the state registrar;
C. Individuals shall not be identified in
published data;
D. Upon completion
of a study, the records shall be destroyed or adequate security provided to
prevent access or disclosure; and
E. A registrant or his/her family members or
acquaintances shall not be contacted without written permission from the state
registrar.
(C) To comply with sections
192.067
and 610.021(14), RSMo Cum. Supp. 1989,
nothing in this rule shall be construed to permit disclosure of information
contained in the confidential Information for Medical and Health Use Only
section of a vital record unless specifically authorized by the state registrar
of vital records or by a court of competent jurisdiction.
(D) As authorized by section 193.255.4, RSMo
1986, the state registrar or the local custodian may furnish-when deemed in the
public interest and not for purposes of commercial solicitation or private
gain-copies of records or data from records to public agencies administering
health, welfare, safety, law enforcement, education or public assistance
programs, and to private agencies approved by the state registrar. Subject to
the limitations of this rule, confidential verification of the facts contained
in a vital record may be furnished by the state registrar of vital records or
the custodian of permanent local vital records to any federal, state, county or
municipal government agency. These confidential verifications shall be on forms
prescribed and furnished by the state or local registrar of vital records or on
forms furnished by the requesting agency and acceptable to the state or local
registrar; or the state registrar or the custodian of permanent local vital
records may authorize the verification in other ways when it shall prove in the
best interests of the office of the state or local registrar.
(E) Representatives of heir-tracing companies
establishing personal or property rights and reporters for newspapers, radio,
television or other news media when investigating news stories are allowed
access to vital records subject to restrictions outlined in section
193.245,
RSMo 1986. These representatives and reporters shall provide proper
identification and state in writing the proposed use of the requested record.
1. To protect the integrity of the birth
records and to enforce the provisions of sections
193.125
and 193.245(1), RSMo 1986, nothing in this
rule shall be construed as authorization to permit reporters physical
inspection of the original or permanent birth certificates or the birth indexes
of the state or local registrar. Access shall be limited to searches conducted
and copies made by the vital records staff. A fee as authorized by law shall be
levied.
2. To protect the integrity
of the death records, physical inspection of the original or permanent death
certificates are prohibited. Access to death indexes shall be permitted under
supervised conditions during normal working hours on regular work days.
Authorization for physical access and inspection of death record indexes shall
be approved by the vital records office in advance to insure availability of
proper supervision and minimization of office disruption. The state or local
registrar shall determine work area location and quantity of indexes made
available at any one (1) time. Searches of death indexes conducted by reporters
and representatives of heir-tracing companies do not require a fee. Copies of
death records shall be made by vital records staff upon request of reporters or
heir-tracing representatives. Copy fees as required by law will be levied.
Cause of death information shall be released to the news media or heir-tracing
companies only if the information is needed for their research and not for
personal information.
(F) A listing of persons who are born or who
die on a particular date may be disclosed upon request, but no information from
the record other than the name and the date of the birth or death shall be
disclosed. A fee may be charged to recapture the expense of generating these
listings.
(G) When the state
registrar of vital records or the custodian of permanent local vital records
finds evidence that a certificate was registered or application or request was
made through misrepresentation or fraud, s/he shall have authority to withhold
the issuance of a copy of the certificate until a court determination of the
facts has been made.
(H) Nothing in
this rule shall be construed as authorization to permit access to or inspection
of the vital records or indexes in the vital records offices by any person
other than the state or local custodian or his/her employees unless otherwise
authorized in this rule.
*Original authority: 192.067, RSMo 1988; 193.145, RSMo 1984, amended 1989; 193.255, RSMo 1984; 193.155, RSMo 1984 and 610.021, RSMo 1987.
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