§ 40:41 — Disclosure of records

Louisiana § 40:41

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§41. Disclosure of records
A. All certificates in the custody of the state registrar are open to inspection, subject
to the provisions of this Chapter. No employee of the state shall disclose data contained in
vital records, except as authorized by this Chapter.
B.(1)(a) Disclosure of confidential birth information from which can be determined
whether the child was born of or outside of marriage may be made only upon order of the
court in any case where that information is necessary for the determination of personal or
property rights and then only for that purpose. Upon receiving an order from the court, the
vital records registrar shall file a copy of the birth certificate, marked for judicial purposes
only, under seal in the records of the clerk of court. The judge presiding over the matter may
review the birth certificate in chambers and may use the birth certificate within his discretion
during the course of the proceedings. No copies of the birth certificate shall be issued by the
court to the litigants in the proceeding. The birth certificate shall be destroyed at the
conclusion of the proceedings after all appeal delays have lapsed.
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply in any case
where any member of law enforcement, United States attorney, attorney general, or district
attorney makes written request to the state registrar. Upon receipt of such written request,
the registrar shall make disclosure to any member of law enforcement, United States
attorney, attorney general, or district attorney requesting same, of the contents of birth
records in the registrar's custody.
(2)(a) Disclosure of confidential death certificate information may be made only
upon order of the court in any case where a judge orders that information is necessary for the
resolution of the proceeding and then only for that purpose. Upon receiving an order from
the court, the vital records registrar shall file a copy of the death certificate, marked for
judicial purposes only, under seal in the records of the clerk of court. The judge presiding
over the matter may review the death certificate in chambers and may use the death
certificate within his discretion during the course of the proceedings. No copies of the death
certificate shall be issued by the court to the litigants in the proceeding. The death certificate
shall be destroyed at the conclusion of the proceedings after all appeal delays have lapsed.
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply in any case
where any member of law enforcement, United States attorney, attorney general, public
administrator, or district attorney makes a written request to the state registrar. Upon receipt
of such written request, the registrar shall make disclosure to any member of law
enforcement, United States attorney, attorney general, public administrator, or district
attorney requesting same, of the contents of the death certificate in the registrar's custody.
C.(1) The state registrar shall not permit inspection of the records or issue a
certificate, or any part thereof, unless he is satisfied that the applicant is any of the following:
(a) The person named in the certificate.
(b) A member of the immediate or surviving family of the person named in the
certificate.
(c) A person named in a court proceeding as a member of the immediate or surviving
family of the person named in the certificate.
(d) The beneficiary of an insurance policy or trust.
(e) A succession representative.
(f) A universal or general legatee in judgment of possession.
(g) Any beneficiary of a decedent's public pension plan.
(h) Any beneficiary of a decedent's individual retirement account or other private
retirement plan or pension.
(i) Any beneficiary of a decedent's financial institution accounts, including security
accounts, classified as a "payable on death account".
(j) An agent for the surety of the person named in the certificate when the person
named in the certificate is a party to a criminal bail bond. Proper documentation, including
a copy of the power of attorney, shall be required by the agent for the surety requesting the
certificate.
(2)(a) The credentials of an attorney, together with a written declaration of the record
in which the attorney is interested and a written declaration or oral statement that the attorney
is a legal representative of one of the named parties referenced in Paragraph (1) of this
Subsection, including parties under the age of eighteen, shall constitute sufficient proof of
a direct interest in the matter recorded. The state registrar shall accept and fulfill requests
for birth certificates upon submission of such a written declaration with a copy of the
credentials of the attorney, whether the request is submitted by the attorney or by a nonlawyer
employed or retained by or associated with that attorney.
(b) In addition to the provisions of Subparagraph (a) of this Paragraph, a written
declaration by the attorney that he is preparing a small succession pursuant to Code of Civil
Procedure Article 3431 et seq. for the deceased person whose death certificate is being
requested shall constitute sufficient proof of a direct interest in the matter recorded.
(3) The provisions of this Subsection shall not apply to marriage records.
(4) The provisions of this Subsection shall not apply to the release of birth rosters
to local city and parish supervisors of child welfare and attendance; however, such birth
information shall be kept confidential by the supervisors of child welfare and attendance and
not used for any purpose other than the enforcement of the compulsory school attendance
law.
(5) The state registrar shall issue a certified copy of a death certificate to a funeral
director acting at the request of the immediate or surviving family up to one year following
the date of death. Thereafter, the provisions of R.S. 40:41(C)(1) and (2) shall apply.
(6) The state registrar shall issue a certified copy of a death certificate to a notary if
the notary submits his credentials and declares in writing that he is assisting an heir of the
deceased in the preparation of a small succession in accordance with Code of Civil Procedure
Article 3431 et seq.
D.(1) In accordance with rules and regulations promulgated by the state health officer
to ensure that all identifying information is kept confidential, the data contained in vital
records may be made available to state judicial district courts to enable the courts to remove
deceased persons from the juror rolls, to the department for use in the administration of the
programs of the department, and to qualified researchers.
(2) A panel of public health officials which shall include the state health officer, the
state registrar, and the tumor registry administrator shall review each proposal for use of vital
records in the administration of the programs of the department or in research to ensure:
(a) That the proposal is in the best interest of the state or the public health of its
citizens, and
(b) That those persons having access to vital records are either involved in the
administration of the programs of the department or are well qualified to conduct research.
(3) Only those proposals which are certified by the panel as meeting these two
standards shall be approved by the panel to use confidential vital records.
E. The registrar shall make available for inspection and copying and shall forward
upon request copies of records of deaths to the Louisiana cancer registry program established
pursuant to R.S. 40:1105.1 et seq.
F. The federal agency responsible for national vital statistics may be furnished such
copies or data from the system of vital records as it may require for national statistics,
provided such federal agency shares in the cost of collecting, processing, and transmitting
such data, and provided further that such data shall not be used for other than statistical
purposes by the federal agency unless so authorized by the state registrar.
G. The state registrar may, by agreement, transmit copies of records and other reports
required by this Chapter to offices of vital statistics outside this state when such records or
other reports relate to residents of those jurisdictions or persons born in those jurisdictions.
The agreement shall require that the copies be used for statistical and administrative purposes
only and the agreement shall further provide for the retention and disposition of such copies.
Copies received by the vital records registry from offices of vital statistics in other states
shall be handled in the same manner as prescribed in this Section.
H. The state registrar shall, pursuant to rules and regulations promulgated by the
secretary of the Louisiana Department of Health, transmit information from the death
certificate of any state resident to each public agency from which the deceased received, or
could have received, benefits. The Department of Public Safety and Corrections shall be
notified of the death of each state resident. Such information shall be limited to the name
of the deceased, his address, the date of death, date of birth, and any other identifying
information which may be necessary for the public agency to identify the deceased as a
recipient of benefits.
I. The state registrar shall issue a certified copy of a birth or death certificate to any
public retirement system, fund, or plan in the state of Louisiana upon written request of the
respective retirement system for the following purposes:
(1) A certificate is required by the retirement system to determine if benefits are
owed by or to the retirement system.
(2) The immediate or surviving family has refused to provide such certificate and
refused to authorize the retirement system to request such certificate or if the birth or death
certificate provided appears to be altered or forged.
J.(1) Data contained in the vital records registry shall be made available upon written
request by the Louisiana Department of Health for review or use by the Louisiana
Department of Health in evaluating the effectiveness of departmental programs. The data
shall only be utilized for this specific purpose.
(2) Any Louisiana Department of Health employee using data that may contain
identifying information shall sign a statement ensuring confidentiality.
(3) Any identifying data shall be stripped from resulting databases as soon as the
need for it has expired.
(4) All data shall be destroyed or returned to the office of vital records by the
Louisiana Department of Health upon the finalization of the evaluation process.
K. Upon the written request of the Louisiana Office of Student Financial Assistance
in the case of a student loan guaranteed by the Student Financial Assistance Commission, or
the written request of the office of the attorney general when a student loan is being collected
by the office of the attorney general, the state registrar shall issue a certified copy of a death
certificate to the respective requesting office when the certificate is required by the office to
determine whether a student loan is eligible for discharge and the immediate or surviving
family has refused to provide such certificate, has refused to authorize the office to request
such certificate, or the death certificate provided appears to be altered or forged.
L.(1) Upon written request, the state registrar shall issue a certified copy of a death
certificate to a representative of an organ procurement organization designated for the state
of Louisiana by the United States Department of Health and Human Services, which presents
a document of a gift as defined in R.S. 17:2351 for the sole purpose of documenting donor
eligibility in accord with the United States Food and Drug Administration regulations and
industry standards.
(2) The written request of the organ procurement organization shall be transmitted
by telefax, electronic delivery, or by United States mail.
(3) The written request shall contain all of the following:
(a) The organization's name and citation to the United States Department of Health
and Human Services website or correspondence evidencing its designation as an organ
procurement organization for the state.
(b) The donor's name.
(c) The donor's date of birth.
(d) The donor's date of death.
(e) The requestor's name.
(f) The requestor's telephone number.
(g) The requestor's date of request.
(h) A request that the certified copy be transmitted by telefax, electronic delivery,
or by United States mail.
(4) The information required by Paragraph (2) of this Subsection, together with the
documentation of a donor's anatomical gift, shall constitute sufficient proof for the release
of the death certificate.
(5) If the organization's requested form of transmittal is by telefax or electronic
delivery, the death certificate shall be accompanied by the state registrar's verification that
the death certificate is a duplicate of the original, the date the copy of the death certificate
was issued by the state registrar's representative, along with his signature and title.
M.(1) For the purpose of determining the eligibility of a person to participate in
veterans' benefits, upon written request, the state registrar shall issue a certified copy of a
death certificate to a representative from the United States Department of Veterans Affairs.
The written request from the United States Department of Veterans Affairs, howsoever
transmitted, shall constitute sufficient proof for release of the certificate.
(2) The state registrar may submit data related to deaths of veterans directly to the
United States Department of Veterans Affairs for the purpose of determining the eligibility
of veterans benefits.
N. The state registrar shall issue the following records to the Department of Children
and Family Services upon the written request of an office of the department:
(1) A certified copy of a birth certificate of a child placed in the custody of the
Department of Children and Family Services.
(2) A certified copy of a death certificate of a child who was in the custody of the
Department of Children and Family Services at the time of his death.
(3) A certified copy of a death certificate of a parent of a child placed in the custody
of the Department of Children and Family Services.

Legislative History

Acts 1979, No. 776, §1. Amended by Acts 1983, No. 437, §1; Acts 1984, No. 885, §1; Acts 1985, No. 811, §1, eff. July 22, 1985; Acts 1985, No. 625, §1; Acts 1986, No. 876, §1; Acts 1987, No. 360, §1; Acts 1990, No. 182, §1; Acts 1992, No. 166, §1, eff. July 1, 1992; Acts 1997, No. 369, §1, eff. June 20, 1997; Acts 2004, No. 26, §13; Acts 2004, No. 254, §1; Acts 2004, No. 355, §1; Acts 2007, No. 105, §1; Acts 2012, No. 372, §1; Acts 2016, No. 158, §1; Acts 2017, No. 7, §1; Acts 2018, No. 98, §1; Acts 2018, No. 99, §1; Acts 2018, No. 206, §4; Acts 2020, No. 69, §1, eff. June 5, 2020; Acts 2022, No. 612, §1; Acts 2022, No. 749, §1; Acts 2024, No. 257, §1, eff. May 24, 2024; Acts 2025, No. 55, §1.