10 CRR-NY 35.4NY-CRR
10 CRR-NY 35.4
10 CRR-NY 35.4
35.4 Death records; disclosure.
(a) No certified copy or certified transcript of a death certificate shall be subject to disclosure under article six of the Public Officers Law.
(b) A certified copy of a death certificate or a certified transcript of a death certificate shall be issued only:
(1) pursuant to the order of a court of competent jurisdiction on a showing of necessity; or
(2) upon specific request of the spouse, sibling, children, or parents of the deceased or the lawful representative of such persons; or
(3) when a documented need to establish a legal right or claim has been demonstrated; or
(4) when a documented medical need has been demonstrated; or
(5) upon specific request by municipal, State or Federal agencies for statistical or official purposes; or
(6) when needed for medical or scientific research approved by the State Health Commissioner; and
(7) when needed for statistical or epidemiological purposes approved by the State Health Commissioner.
(c) Commencing on January 1, 1988 all death certificate forms shall contain a confidential section which shall list the cause and circumstances of the death. When a certified copy of a death certificate or a certified transcript of death certificate is issued, the confidential section shall be detached and no information from that section shall be disclosed in any other form or manner, except:
(1) pursuant to the order of a court of competent jurisdiction on a showing of necessity; or
(2) upon specific request for such information by the spouse, children, or parents of the deceased or the lawful representative of such persons; or
(3) when a documented medical need for such information has been demonstrated; or
(4) when a documented need for such information for the purpose of establishing a legal right or claim has been demonstrated; or
(5) upon specific request for such information by municipal, State or Federal agencies for statistical or official purposes; or
(6) when such information is needed for medical or scientific research approved by the State Health Commissioner; and
(7) when such information is needed for statistical or epidemiological purposes approved by the State Health Commissioner.
(d) A certification of death containing only the name, the date of death and the place of death of the person to whom it relates shall be issued when required for a proper purpose. A proper purpose shall not exist when the record is requested for commercial or profitmaking purposes or to satisfy idle curiosity.
(e) The request for a certified copy of a death certificate, a certified transcript of a death certificate or a certification of death shall include such documentation required by the State Health Commissioner to establish the stated need.
10 CRR-NY 35.4
Current through May 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.