THE SENATE |
S.B. NO. |
2025 |
THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE DISCLOSURE OF VITAL STATISTICS RECORDS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The purpose of this Act is to:
(1) Enable
the department of health to disclose vital statistics records for public health
purposes; and
(2) Update
the categories of those who are able to access otherwise confidential vital
statistics records.
SECTION 2. Section 338-18, Hawaii Revised Statutes, is amended to read as follows:
"§338-18
Disclosure of records.
(a) To protect the integrity of
vital statistics records, to ensure their proper use, and to ensure the
efficient and proper administration of the vital statistics system, it shall be
unlawful for any person to permit inspection of, or to disclose information
contained in vital statistics records, or to copy or issue a copy of all or
part of any such record, except as authorized by this part [or by] and
in a manner consistent with rules adopted by the department of health.
(b) The department shall not permit inspection of public health statistics records, or issue a certified copy of any such record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record. The following exclusive list of persons and agencies shall be considered to have a direct and tangible interest in a public health statistics record:
(1) The registrant;
(2) The spouse of the registrant;
(3) A parent of the registrant;
(4) A descendant of the registrant;
(5) A person having a common ancestor with the registrant;
(6) A legal guardian of the registrant;
(7) A person or agency acting on behalf of the registrant;
(8) A personal representative of the registrant's estate;
(9) A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;
(10) Adoptive parents who have filed a petition for adoption and who need to determine the death of one or more of the prospective adopted child's natural or legal parents;
(11) A person who needs to determine the marital status of a former spouse in order to determine the payment of alimony;
(12) A person or agency who needs to
determine the death of a [nonrelated] co-owner of real property [purchased
under a joint tenancy agreement]; and
(13) [A person who needs a death certificate for
the determination of payments under a credit insurance policy.] A person or agency who needs vital statistics
records for a public health purpose, as determined by the director of health.
(c) The department may permit the use [[]of[]]
the data contained in public health [statistical] statistics records
for research purposes only, but no identifying use thereof shall be made. "Research purposes" under this
section are limited to those that have been approved by the department's
institutional review committee.
[(d) Index data consisting of name and sex of the
registrant, type of vital event, and such other data as the director may
authorize shall be made available to the public.
(e)]
(d) The department may permit
persons working on genealogy projects access to microfilm or other copies of
vital records of events that occurred more than seventy-five years prior to the
current year.
[(f) Subject to this section, the department may direct
its local agents to make a return upon filing of birth, death, and fetal death
certificates with them, of certain data shown to federal, state, territorial,
county, or municipal agencies. Payment
by these agencies for these services may be made as the department shall
direct.
(g)]
(e) The department shall not
issue a verification in lieu of a certified copy of any such record, or any
part thereof, unless it is satisfied that the applicant requesting a
verification is:
(1) A person who has a direct
and tangible interest in the record but requests a verification in lieu of a
certified copy;
(2) A governmental agency that, for a legitimate
government purpose, maintains and needs to update official lists of persons in
the ordinary course of the agency's activities.
Notwithstanding other provisions of this section, upon request from a
governmental agency of the State of Hawaii or its political subdivisions, the
department may further disclose to that governmental agency the date of the
vital event that has been verified;
(3) A [governmental agency, or] government,
private, social, or educational agency or organization that seeks confirmation
of a certified copy of any such record submitted in
support of or information provided about a vital event relating to any such
record and contained in an official application made in the ordinary course of
the agency's or organization's activities by an individual seeking employment
with, entrance to, or the services or products of the agency or organization;
(4) A private or government attorney who seeks to
confirm information about a vital event relating to any such record
that was acquired during the course of or for purposes of legal proceedings; or
(5) An individual employed, endorsed, or sponsored by a governmental agency, or private, social, or educational agency or organization who seeks to confirm information about a vital event relating to preparation of reports or publications by the agency or organization for research or educational purposes."
SECTION 3. Section 338-18.5, Hawaii Revised Statutes, is repealed.
["[§338-18.5] Sharing of vital statistics records with
department of health program employees for approved research purposes. (a) Notwithstanding section 338-18, the
department may disclose public health statistics records to persons who are
employed by department of health programs, acting within the scope of their
employment, who need to use a public health statistics record for research
purposes, as approved by the department of health's institutional review
committee. Upon the institutional review
committee′s approval, the department may disclose the following to
department employees as specified in this section:
(1) Names,
addresses, and contact information in the record for the purpose of contacting
persons identified in the record to request informed consent to use additional
specified information in the record.
Upon confirmation of informed consent, the additional specified
information in the record may be disclosed and used for approved research
purposes; and
(2) Information in
the record as approved by the institutional review committee without informed
consent of persons identified in the record; provided that the institutional
review committee:
(A) Identifies
the information in the record for which disclosure is sought;
(B) Determines
that obtaining informed consent is not practicable; and
(C) Determines
that there is a public health purpose for the approved research that
substantially outweighs the
confidentiality interest of persons identified in the record.
(c) Requirements for informed consent shall be
determined by the department's institutional review committee as part of its
approval of the research purposes for which the information in the record will
be disclosed and used.
(d) Information disclosed pursuant to this
section may only be re-disclosed:
(1) With
authorization from the institutional review committee; or
(2) If the record
has been redacted of identifying personal information.
(e) For the purposes of this section,
"department" means the department of health."]
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Disclosure of Vital Records for Public Health Purposes
Description:
Amends and repeals sections in chapter 338, Hawaii Revised Statutes, to allow the Department of Health to disclose vital statistics records for public health purposes. Updates eligibility requirements for access to confidential vital records.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.