Title: Section 35.4 - Death records; disclosure

Effective Date

10/23/2013

35.4 Death records; disclosure.

(a) No certified copy or certified transcript of a death certificate shall be subject to disclosure under article six of the Public Officers Law.

(b) A certified copy of a death certificate or a certified transcript of a death certificate shall be issued only:

(1) pursuant to the order of a court of competent jurisdiction on a showing of necessity, or

(2) upon specific request of the spouse, sibling, children, or parents of the deceased or the lawful representative of such persons, or

(3) when a documented need to establish a legal right or claim has been demonstrated, or

(4) when a documented medical need has been demonstrated, or

(5) upon specific request by municipal, state or federal agencies for statistical or official purposes, or

(6) when needed for medical or scientific research approved by the State Health Commissioner, and

(7) when needed for statistical or epidemiological purposes approved by the State Health Commissioner.

(c) Commencing on January 1, 1988 all death certificate forms shall contain a confidential section which shall list the cause and circumstances of the death. When a certified copy of a death certificate or a certified transcript of death certificate is issued, the confidential section shall be detached and no information from that section shall be disclosed in any other form or manner, except:

(1) pursuant to the order of a court of competent jurisdiction on a showing of necessity, or

(2) upon specific request for such information by the spouse, children, or parents of the deceased or the lawful representative of such persons, or

(3) when a documented medical need for such information has been demonstrated, or

(4) when a documented need for such information for the purpose of establishing a legal right or claim has been demonstrated, or

(5) upon specific request for such information by municipal, state or federal agencies for statistical or official purposes, or

(6) when such information is needed for medical or scientific research approved by the State Health Commissioner,

(7) when such information is needed for statistical or epidemiological purposes approved by the State Health Commissioner.

(d) A certification of death containing only the name, the date of death and the place of death of the person to whom it relates shall be issued when required for a proper purpose. A proper purpose shall not exist when the record is requested for commercial or profit-making purposes or to satisfy idle curiosity.

(e) The request for a certified copy of a death certificate, a certified transcript of a death certificate or a certification of death shall include such documentation required by the State Health Commissioner to establish the stated need.
 

Volume

VOLUME A-1 (Title 10)

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