{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-323","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-323","heading":"Vital statistics records confidential – Exceptions –","body":"Online public index.\n\nA. To protect the integrity of vital statistics records, to\n\nensure their proper use, and to ensure the efficient and proper\n\nadministration of the vital statistics system, it shall be unlawful\n\nfor any person to permit inspection of, or to disclose information\n\ncontained in, vital statistics records, or to copy or issue a copy\n\nof all or part of any such record except to:\n\n1. The person who is the subject of the record;\n\n2. A parent named on the record or a person acting with the\n\nparent's permission unless that parent is currently incarcerated;\n\n3. Someone acting with permission of the person who is the\n\nsubject of the record;\n\n4. Someone acting as a legal representative of the estate of\n\nthe person who is the subject of the record;\n\n5. Someone acting as a legal representative of a person\n\ninvolved in a probate of the estate of the person who is the subject\n\nof the record, as demonstrated by affidavit;\n\n6. An attorney licensed to practice in the United States who\n\ndemonstrates by affidavit that the record is necessary in order to\n\nadminister a client's estate;\n\n7. Someone in receipt of a court order from a court of\n\ncompetent jurisdiction ordering access to the record;\n\n8. The Attorney General or to any district attorney upon\n\nrequest in the course of a criminal investigation;\n\n9. Only in the case of a death certificate, a funeral director;\n\n10. A representative of the Department of Corrections, when the\n\nsubject of the record is under supervision of the Department of\n\nCorrections;\n\n11. A representative of the Department of Human Services acting\n\nin accordance with Section 1-311.2 of this title; or\n\n12. Any other person working in the best interest of the\n\nsubject of the record or the estate of the subject of record, as\n\ndetermined by regulations of the Commissioner of Health.\n\nProvided, that death certificates shall be considered publicly\n\navailable records fifty (50) years after the death and birth\n\ncertificates shall be considered publicly available records one\n\nhundred twenty-five (125) years after the birth.\n\nB. The State Department of Health shall, by July 1, 2017, make\n\navailable an online public index that includes, as is applicable,\n\nthe name, gender, date of birth, date of death, county of birth, and\n\ncounty of death of all persons in its records. Birth data shall not\n\nbe added to the index until twenty (20) years after the birth.\n\nDeath data shall not be added to the index until five (5) years\n\nafter the death. The index shall be made available online at no\n\ncost to users.\n\nPrivate entities may request assistance from the Department in\n\nreceiving digital files including all or part of the index described\n\nin this subsection. Such private entities may be assessed a fee\n\nthat shall not exceed the cost of creating and transmitting the\n\ndigital file. The Commissioner may promulgate rules regarding\n\naccess to such digital files and applicable fees.\n\nC. The Department may grant applications for electronic\n\nverification of the existence of birth and death certificates for\n\nlegal and administrative purposes at any time following the birth or\n\ndeath when such applications are made by:\n\n1. A government agency in conduct of its official business;\n\n2. A benefit-paying party including but not limited to an\n\nannuity company, pension plan or life insurance company in order to\n\ndetermine benefit status;\n\n3. A physician licensed to practice in the United States to\n\ndetermine if a patient has been lost to care; or\n\n4. Other entities for fraud protection, subject to verification\n\nof the entity's purpose by the Department.\n\nThe recipient of a record verification, as provided for in this\n\nsubsection, may not disclose to a party not involved in the issue\n\nfor which the verification was sought.\n\nThe Department may charge up to Four Dollars ($4.00) for each\n\nelectronic birth or death verification, although such fee may be\nentities for fraud protection, subject to verification\n\nof the entity's purpose by the Department.\n\nThe recipient of a record verification, as provided for in this\n\nsubsection, may not disclose to a party not involved in the issue\n\nfor which the verification was sought.\n\nThe Department may charge up to Four Dollars ($4.00) for each\n\nelectronic birth or death verification, although such fee may be\n\nwaived when such request is received by an Oklahoma state or local\n\ngovernment agency. The recipient of a record verification, as\n\nprovided for in this subsection, may also be subject to fees levied\n\nby a contractor retained by the Commissioner to provide such\n\nservice.\n\nThe Commissioner may promulgate rules necessary to implement the\n\nprovisions of this subsection.\n\nD. The Commissioner of Health may authorize the disclosure of\n\ndata contained in vital statistics records for public health\n\nsurveillance or research purposes.\n\nE. The State Department of Health shall transmit to the\n\nDepartment of Public Safety:\n\n1. At the end of each quarter year, a list of all registered\n\ndeaths which have occurred during such period of time. Upon receipt\n\nof such list the Department of Public Safety shall use such list\n\nsolely to update Department of Public Safety records and to cancel\n\nthe driver license for those deceased individuals with a valid\n\nOklahoma driver license at the time of death;\n\n2. At the end of each month, a report of all registered deaths\n\nthat resulted from a motor vehicle collision which have occurred\n\nduring such period of time. The report shall be used by the\n\nDepartment solely for the purpose of statistical analysis and\n\nreporting; and\n\n3. Upon written request from the Department, a death\n\ncertificate. The certificate shall be used solely by the Fatality\n\nAnalysis Reporting System (FARS) Analyst of the Oklahoma Highway\n\nSafety Office to populate the federal FARS database.\n\nF. Each month, the Commissioner shall authorize the\n\ntransmission to the Oklahoma Health Care Authority of a certified\n\nlist of all registered deaths of residents of this state that have\n\noccurred within the state for the immediately preceding month. The\n\nOklahoma Health Care Authority shall use the transmitted list to\n\nascertain the names of those individuals participating in the state\n\nMedicaid program who are deceased, and shall thereafter terminate\n\nsuch deceased person's enrollment in the state Medicaid program.\n\nG. For the purpose of assisting in the location and recovery of\n\nmissing children, information pertaining to birth certificates and\n\nrequests for copies of birth certificates shall be provided to the\n\nOklahoma State Bureau of Investigation pursuant to the provisions of\n\nSection 1-323.1 of this title and Section 150.12A of Title 74 of the\n\nOklahoma Statutes.\n\nH. The Commissioner shall authorize the transmission of death\n\ncertificates to the Department of Labor for the purpose of the\n\nDepartment of Labor conducting a census of total occupational\n\ninjuries and illnesses. The Department shall transmit to the\n\nDepartment of Labor statistics of fatal occupational injuries that\n\nshall include the following:\n\n1. Name of the deceased;\n\n2. Date of death;\n\n3. Sex;\n\n4. Race;\n\n5. Age;\n\n6. Birth date;\n\n7. Social Security number;\n\n8. Whether an autopsy was conducted;\n\n9. Month of the accident; and\n\n10. Whether decedent was of Hispanic origin.\n\nI. The Department of Labor shall be required to protect the\n\nintegrity of the vital statistics records to the same extent\n\nrequired of the Department pursuant to this section.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b410c45ac2e0e7265dcd0a7841065a37a18c04bbc6d855ed6db9e396a9529d38","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-322","next":"us-ok/okla.-stat.-tit.-63-63-1-323.1"},"notice":"GroundRules: Original legal text. Not legal advice."}
