Mo. Code Regs. tit. 19 § 10-10.090

Current through Register Vol. 49, No. 9, May 1, 2024

Section 19 CSR 10-10.090 - Access to Vital Records

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.

19 CSR 10-10.090

AUTHORITY: sections 192.067, 193.145, 193.255.1, 193.255.4 and 610.021(5), RSMo Supp. 1989 and 193.155, RSMo 1986.* This rule was previously filed as 13 CSR 30-10.090. Original rule filed Nov. 14. 1988, effective Jan. 27, 1989. Amended: Filed June 14, 1989, effective Sept. 11 , 1989. Amended: Filed June 4, 1990, effective Dec. 31, 1990. Changed to 19 CSR 10-10.090 July 30, 1998.

*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.