N.Y. Public Health Law § 4174: Records; transcripts and certifications by commissioner; fees

§ 4174. Records; transcripts and certifications by commissioner; fees.

1. The commissioner or any person authorized by him shall:

(a) upon request, issue to any applicant either a certified copy or a

certified transcript of the record of any death registered under the

provisions of this chapter (1) when a documented medical need has been

demonstrated, (2) when a documented need to establish a legal right or

claim has been demonstrated, (3) when needed for medical or scientific

research approved by the commissioner, (4) when needed for statistical

or epidemiological purposes approved by the commissioner, (5) upon

specific request by municipal, state or federal agencies for statistical

or official purposes, (6) upon specific request of the agent charged

with controlling disposition of a decedent's remains, as designated

pursuant to subdivision three of section four thousand two hundred one

of this chapter, spouse, domestic partners as defined in paragraph (c)

of subdivision one of section four thousand two hundred one of this

chapter, children, siblings or, parents of the deceased or the lawful

representative of such persons, or (7) pursuant to the order of a court

of competent jurisdiction on a showing of necessity; except no certified

copy or certified transcript of a death record shall be subject to

disclosure under article six of the public officers law;

(b) issue certified copies or certified transcripts of birth

certificates only (1) upon order of a court of competent jurisdiction,

or (2) upon specific request therefor by the person, if eighteen years

of age or more, or by a parent or other lawful representative of the

person, to whom the record of birth relates including authorized

representatives of a local social services district if the person is in

the care and custody or custody and guardianship of such district, or

(3) upon specific request therefor by a department of a state or the

federal government of the United States;

(c) upon request, issue a wallet-size certification of birth, in a

form and bearing a design provided by the commissioner. Each applicant

for a wallet-size certification of birth shall remit to the commissioner

with such application, a fee determined by the department;

(d) upon request, issue certification of birth or death unless in his

judgment it does not appear to be necessary or required for a proper

purpose;

(e) furnish non-identifiable statistical information in tabular or

machine readable format for research activities if satisfied that the

same is required for a proper purpose, and the commissioner is

authorized to fix and to require payment of a fee sufficient to

compensate the state for the expense of providing the requested

information;

(f) be deemed to have complied with the applicable provisions of

paragraphs (a) and (b) of this subdivision by the issuance of a

certified transcript of the desired certificate or record instead of a

certified copy thereof except where the requester shall show, to the

satisfaction of the commissioner or his authorized representative, a

demonstrated need for such certified copy, or where a court order

rendered pursuant to the provisions of paragraph (b) of this subdivision

contains an express recital or direction therein that the issuance of a

certified transcript of such certificate or record in place of a

certified copy thereof shall not be considered to be in compliance

therewith;

(g) upon request of a board of elections, issue certification of

death.

2. Each applicant for a certification of birth or death, certificate

of birth data or for a certified copy or certified transcript of a birth

or death certificate or certificate of birth data shall remit to the

commissioner with such application a fee of thirty dollars in payment

for the search of the files and records and the furnishing of a

certification, certified copy or certified transcript if such record is

found or for a certification that a search discloses no record of a

birth or of a death.

3. For any search of the files and records conducted for authorized

genealogical or research purposes, the commissioner or any person

authorized by him shall be entitled to, and the applicant shall pay, a

fee of twenty dollars for each hour or fractional part of an hour of

time of search, together with a fee of two dollars for each uncertified

copy or abstract of such record requested by the applicant or for a

certification that a search discloses no record.

4. No fee shall be charged for a search, certification, certificate,

certified copy or certified transcript of a record to be used for school

entrance, employment certificate or for purposes of public relief or

when required by the veterans administration to be used in determining

the eligibility of any person to participate in the benefits made

available by the veterans administration or when required by a board of

elections for the purposes of determining voter eligibility or when

requested by the department of corrections and community supervision or

a local correctional facility as defined in subdivision sixteen of

section two of the correction law for the purpose of providing a

certified copy or certified transcript of birth to an incarcerated

individual in anticipation of such incarcerated individual's release

from custody or to obtain a death certificate to be used for

administrative purposes for an incarcerated individual who has died

under custody or when requested by the office of children and family

services or an authorized agency for the purpose of providing a

certified copy or certified transcript of birth to a youth placed in the

care and custody or custody and guardianship of the local commissioner

of social services or the care and custody or custody and guardianship

of the office of children and family services in anticipation of such

youth's discharge from placement or foster care. Whenever a request is

made by the department of corrections and community supervision for a

certified copy or certified transcript of birth on behalf of an

incarcerated individual pursuant to this section, a certified copy of

the sentence and commitment or certificate of conviction shall be deemed

to grant authorization by the incarcerated individual to the department

to submit such request on their behalf, and no other authorization shall

be required.

5. (a) The United States social security administration may obtain

information from death certificates needed in the administration of

old-age and survivors insurance benefits laws, subject to the provisions

of any contract entered into pursuant to paragraph (b) of this

subdivision.

(b) In addition, the commissioner or any person authorized by the

commissioner is authorized and directed to enter into a contract to

furnish the federal secretary of health and human services information

concerning individuals with respect to whom death certificates have been

officially filed with the commissioner. Such contract shall not include

any restriction on the use of information obtained by such secretary

pursuant to such contract, except that such contract may provide that

such information is only to be used by the secretary (or any other

federal agency) for purposes of ensuring that federal benefits or other

payments are not erroneously paid to deceased individuals.

6. The federal agency in charge of vital statistics may obtain, at a

fee acceptable to the commissioner, information from birth and death

certificates for use solely as statistical data.

7. Except as herein otherwise provided, the commissioner is authorized

to establish rules and regulations whereby searches may be made and

certifications, certified copies and certified transcripts of birth and

death certificates furnished without fees to federal, state and

municipal departments for official purposes.

8. The commissioner, the commissioner of health of the city of New

York, or any person authorized by the commissioner having jurisdiction

shall immediately notify the division of criminal justice services in

the event that a copy of a birth certificate or information concerning

the birth records of any person whose record is flagged pursuant to

paragraph (i) of subdivision two of section four thousand one hundred of

this article is requested. In the event that a copy of the birth

certificate of a person whose record is so flagged is requested in

person, the personnel accepting the request shall immediately notify his

or her supervisor. The person making the request shall complete a form

as prescribed by the commissioner or, in the city of New York, the

commissioner of health of the city of New York, which shall include the

name, address and telephone numbers and social security number of the

person making the request. A motor vehicle operator's license, or if

such license is not available, such other identification as the

commissioner, or in the city of New York, the commissioner of the New

York city department of health, determines to be satisfactory, of the

person making the request shall be presented, shall be photocopied and

returned to him or her. The person receiving the request shall note the

physical description of the person making the request and his or her

supervisor shall immediately notify the local law enforcement authority

as to the request and the information obtained pursuant to this

subsection. When a copy of the birth certificate of a person whose

record has been flagged is requested in writing, the law enforcement

authority having jurisdiction shall be notified as to the request and

shall be provided with a copy of the written request. The registrar

shall retain the original written response.

9. The commissioner may institute an additional fee of fifteen dollars

for priority handling for each certification, certified copy or

certified transcript of certificates of birth, death, or dissolution of

marriage; or fifteen dollars for priority handling for each

certification, certified copy or certified transcript of certificate of

marriage.