19 March 2013
We need your help! Access to
death certificates has recently become restricted and efforts are
underway to remedy problems that were created. If you have been denied a death
certificate from the Oklahoma State Department of Health Bureau of Vital
Statistics since 1 November 2011, please send that information to firstname.lastname@example.org. We have been asked by OSDH through the author of the bill to
document how many people have actually been denied a death certificate since
the enactment of a law restricting access went into effect. Please send any
details that you are comfortable sharing. Oklahoma
BACKGROUND: At the request of the Oklahoma Department of Health during the 2011 legislative session, House Bill 1397 was authored by Rep. Doug Cox and Senator Clark Jolley. This bill was presented as a “clean-up” bill to correct terminology and it had “minor” amendments on all but 2 of the 62 pages. It passed by both houses and was signed by the Governor on 25 April 2011 with an effective date of 1 November 2011.
The bill amended Title 63 Section 1-323 by repealing the language which allowed death certificates to be issued upon request and payment of applicable fees. The law now says that it is unlawful for vital statistics records to be issued to anyone “except to the person who is the subject of the record or in such person’s interest unless ordered to do so by a court of competent jurisdiction.”
Notwithstanding the new law, the Health Department continued to distribute death certificates without restriction for more than 15 months after its effective date. The bill escaped the attention of all interested parties until the Health Department began restricting death certificates by memo to staff dated 11 February 2013. While they are not following the law as it is written, i.e. allowing only the deceased to access their own death certificate, they have now determined that only “authorized applicants” shall receive them.
Authorized Death Certificate Applicants
- A surviving spouse, parent, child, grandparent, sibling, or legal guardian;
- Legal representative of the estate of the deceased as documented by an order from a court of competent jurisdiction;
- An individual who can establish a familial relationship with the deceased;
- Funeral director of record or agent thereto, working in the capacity of their official business;
- Person with a court order from a court of competent jurisdiction;
- A person who was a co-owner or a joint tenant on real or personal property of the decedent;
- A person listed in a will of the decedent, provided the will is in probate; or
- Genealogist (must demonstrate familial relationship)
law, rulemaking is by the governing board of state agencies and must follow the
procedures for enacting rules. We can find no evidence that this has been done
in this case. Oklahoma
The Application for Death Certificate and the Instruction Sheet has not been changed and there is no reference to “authorized applicants” nor any restrictions mentioned. The Instruction Sheet still reads “An individual is eligible to receive a copy of a death certificate, if located, by submitting a proper death application with the required facts, a copy of current legal photo identification, and applicable fees.” As before, the Frequently Asked Questions still read “Any individual may obtain a death certificate upon written application, with proper information and identification and applicable fees.” [Accessed online 13 March 2013, http://www.ok.gov/health/Birth_and_Death_Certificates/Death_Certificates/
Commissioner Terry Cline, PhD
Oklahoma State Department of Health
1000 NE 10th
Representative Doug Cox, MD
Senator Clark Jolley
For the names of the members of the governing body of the State Health Department see:
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