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

New York § 4174

• Jurisdiction: New York
• Law PBH: Public Health
• Title 7: Vital Statistics Records
• Art. 41: Vital Statistics

Text

§ 4174. Records; transcripts and certifications by commissioner; fees.\n1. The commissioner or any person authorized by him shall:\n (a) upon request, issue to any applicant either a certified copy or a\ncertified transcript of the record of any death registered under the\nprovisions of this chapter (1) when a documented medical need has been\ndemonstrated, (2) when a documented need to establish a legal right or\nclaim has been demonstrated, (3) when needed for medical or scientific\nresearch approved by the commissioner, (4) when needed for statistical\nor epidemiological purposes approved by the commissioner, (5) upon\nspecific request by municipal, state or federal agencies for statistical\nor official purposes, (6) upon specific request of the agent charged\nwith controlling disposition of a decedent's remains, as designated\npursuant to subdivision three of section four thousand two hundred one\nof this chapter, spouse, domestic partners as defined in paragraph (c)\nof subdivision one of section four thousand two hundred one of this\nchapter, children, siblings or, parents of the deceased or the lawful\nrepresentative of such persons, or (7) pursuant to the order of a court\nof competent jurisdiction on a showing of necessity; except no certified\ncopy or certified transcript of a death record shall be subject to\ndisclosure under article six of the public officers law;\n (b) issue certified copies or certified transcripts of birth\ncertificates only (1) upon order of a court of competent jurisdiction,\nor (2) upon specific request therefor by the person, if eighteen years\nof age or more, or by a parent or other lawful representative of the\nperson, to whom the record of birth relates including authorized\nrepresentatives of a local social services district if the person is in\nthe care and custody or custody and guardianship of such district, or\n(3) upon specific request therefor by a department of a state or the\nfederal government of the United States;\n (c) upon request, issue a wallet-size certification of birth, in a\nform and bearing a design provided by the commissioner. Each applicant\nfor a wallet-size certification of birth shall remit to the commissioner\nwith such application, a fee determined by the department;\n (d) upon request, issue certification of birth or death unless in his\njudgment it does not appear to be necessary or required for a proper\npurpose;\n (e) furnish non-identifiable statistical information in tabular or\nmachine readable format for research activities if satisfied that the\nsame is required for a proper purpose, and the commissioner is\nauthorized to fix and to require payment of a fee sufficient to\ncompensate the state for the expense of providing the requested\ninformation;\n (f) be deemed to have complied with the applicable provisions of\nparagraphs (a) and (b) of this subdivision by the issuance of a\ncertified transcript of the desired certificate or record instead of a\ncertified copy thereof except where the requester shall show, to the\nsatisfaction of the commissioner or his authorized representative, a\ndemonstrated need for such certified copy, or where a court order\nrendered pursuant to the provisions of paragraph (b) of this subdivision\ncontains an express recital or direction therein that the issuance of a\ncertified transcript of such certificate or record in place of a\ncertified copy thereof shall not be considered to be in compliance\ntherewith;\n (g) upon request of a board of elections, issue certification of\ndeath.\n 2. Each applicant for a certification of birth or death, certificate\nof birth data or for a certified copy or certified transcript of a birth\nor death certificate or certificate of birth data shall remit to the\ncommissioner with such application a fee of thirty dollars in payment\nfor the search of the files and records and the furnishing of a\ncertification, certified copy or certified transcript if such record is\nfound or for a certification that a search discloses no record of a\nbirth or of a death.\n 3. For any search of the files and records conducted for authorized\ngenealogical or research purposes, the commissioner or any person\nauthorized by him shall be entitled to, and the applicant shall pay, a\nfee of twenty dollars for each hour or fractional part of an hour of\ntime of search, together with a fee of two dollars for each uncertified\ncopy or abstract of such record requested by the applicant or for a\ncertification that a search discloses no record.\n 4. No fee shall be charged for a search, certification, certificate,\ncertified copy or certified transcript of a record to be used for school\nentrance, employment certificate or for purposes of public relief or\nwhen required by the veterans administration to be used in determining\nthe eligibility of any person to participate in the benefits made\navailable by the veterans administration or when required by a board of\nelections for the purposes of determining voter eligibility or when\nrequested by the department of corrections and community supervision or\na local correctional facility as defined in subdivision sixteen of\nsection two of the correction law for the purpose of providing a\ncertified copy or certified transcript of birth to an incarcerated\nindividual in anticipation of such incarcerated individual's release\nfrom custody or to obtain a death certificate to be used for\nadministrative purposes for an incarcerated individual who has died\nunder custody or when requested by the office of children and family\nservices or an authorized agency for the purpose of providing a\ncertified copy or certified transcript of birth to a youth placed in the\ncare and custody or custody and guardianship of the local commissioner\nof social services or the care and custody or custody and guardianship\nof the office of children and family services in anticipation of such\nyouth's discharge from placement or foster care. Whenever a request is\nmade by the department of corrections and community supervision for a\ncertified copy or certified transcript of birth on behalf of an\nincarcerated individual pursuant to this section, a certified copy of\nthe sentence and commitment or certificate of conviction shall be deemed\nto grant authorization by the incarcerated individual to the department\nto submit such request on their behalf, and no other authorization shall\nbe required.\n 5. (a) The United States social security administration may obtain\ninformation from death certificates needed in the administration of\nold-age and survivors insurance benefits laws, subject to the provisions\nof any contract entered into pursuant to paragraph (b) of this\nsubdivision.\n (b) In addition, the commissioner or any person authorized by the\ncommissioner is authorized and directed to enter into a contract to\nfurnish the federal secretary of health and human services information\nconcerning individuals with respect to whom death certificates have been\nofficially filed with the commissioner. Such contract shall not include\nany restriction on the use of information obtained by such secretary\npursuant to such contract, except that such contract may provide that\nsuch information is only to be used by the secretary (or any other\nfederal agency) for purposes of ensuring that federal benefits or other\npayments are not erroneously paid to deceased individuals.\n 6. The federal agency in charge of vital statistics may obtain, at a\nfee acceptable to the commissioner, information from birth and death\ncertificates for use solely as statistical data.\n 7. Except as herein otherwise provided, the commissioner is authorized\nto establish rules and regulations whereby searches may be made and\ncertifications, certified copies and certified transcripts of birth and\ndeath certificates furnished without fees to federal, state and\nmunicipal departments for official purposes.\n 8. The commissioner, the commissioner of health of the city of New\nYork, or any person authorized by the commissioner having jurisdiction\nshall immediately notify the division of criminal justice services in\nthe event that a copy of a birth certificate or information concerning\nthe birth records of any person whose record is flagged pursuant to\nparagraph (i) of subdivision two of section four thousand one hundred of\nthis article is requested. In the event that a copy of the birth\ncertificate of a person whose record is so flagged is requested in\nperson, the personnel accepting the request shall immediately notify his\nor her supervisor. The person making the request shall complete a form\nas prescribed by the commissioner or, in the city of New York, the\ncommissioner of health of the city of New York, which shall include the\nname, address and telephone numbers and social security number of the\nperson making the request. A motor vehicle operator's license, or if\nsuch license is not available, such other identification as the\ncommissioner, or in the city of New York, the commissioner of the New\nYork city department of health, determines to be satisfactory, of the\nperson making the request shall be presented, shall be photocopied and\nreturned to him or her. The person receiving the request shall note the\nphysical description of the person making the request and his or her\nsupervisor shall immediately notify the local law enforcement authority\nas to the request and the information obtained pursuant to this\nsubsection. When a copy of the birth certificate of a person whose\nrecord has been flagged is requested in writing, the law enforcement\nauthority having jurisdiction shall be notified as to the request and\nshall be provided with a copy of the written request. The registrar\nshall retain the original written response.\n 9. The commissioner may institute an additional fee of fifteen dollars\nfor priority handling for each certification, certified copy or\ncertified transcript of certificates of birth, death, or dissolution of\nmarriage; or fifteen dollars for priority handling for each\ncertification, certified copy or certified transcript of certificate of\nmarriage.\n