SB1145

SECTION 1. The purpose of this Act is to enable the department of health to disclose vital statistics records for public health and law enforcement purposes and update the categories of those who are able to access otherwise confidential vital statistics records.

SECTION 2. Section 338-18, Hawaii Revised Statutes, is amended to read as follows:

"§338-18 Disclosure of records. (a) To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of any such record, except as authorized by this part [~~or by~~] and in a manner consistent with rules adopted by the department of health.

(b) The department shall not permit inspection of public health statistics records, or issue a certified copy of any such record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record. The following exclusive list of persons or agencies shall be considered to have a direct and tangible interest in a public health statistics record:

(1) The registrant;

(2) The spouse of the registrant;

(3) A parent of the registrant;

(4) A descendant of the registrant;

(5) A person having a common ancestor with the registrant;

(6) A legal guardian of the registrant;

(7) A person or agency acting on behalf of the registrant;

(8) A personal representative of the registrant's estate;

(9) A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;

(10) Adoptive parents who have filed a petition for adoption and who need to determine the death of one or more of the prospective adopted child's natural or legal parents;

(11) A person who needs to determine the marital status of a former spouse in order to determine the payment of alimony;

(12) A person or agency who needs to determine the death of a [~~nonrelated~~] co-owner of real property; [~~purchased under a joint tenancy agreement; and~~

~~(13)~~ ~~A person who needs a death certificate for the determination of payments under a credit insurance policy.~~]

(13) A person or agency who needs vital statistics records for a public health purpose, as determined by the director of health; and

(14) A government law enforcement agency with jurisdiction in the State of Hawaii that needs vital statistics records for a law enforcement purpose.

(c) The department may permit the use [[]of[]] the data contained in public health [~~statistical~~] statistics records for research purposes only, but no identifying use thereof shall be made. Research purposes under this section are limited to those that have been approved by the department's institutional review committee.

[~~(d) Index data consisting of name and sex of the registrant, type of vital event, and such other data as the director may authorize shall be made available to the public.~~]

[~~(e)~~] (d) The department may permit persons working on genealogy projects access to microfilm or other copies of vital records of events that occurred more than seventy-five years prior to the current year.

[(f) Subject to this section, the department may direct its local agents to make a return upon filing of birth, death, and fetal death certificates with them, of certain data shown to federal, state, territorial, county, or municipal agencies. Payment by these agencies for these services may be made as the department shall direct.]

[~~(g)~~] (e) The department shall not issue a verification in lieu of a certified copy of any such record, or any part thereof, unless it is satisfied that the applicant requesting a verification is:

(1) A person who has a direct and tangible interest in the record but requests a verification in lieu of a certified copy;

(2) A governmental agency that, for a legitimate government purpose, maintains and needs to update official lists of persons in the ordinary course of the agency's activities. Notwithstanding other provisions of this section, upon request from a governmental agency of the State of Hawaii or its political subdivisions, the department may further disclose to that governmental agency the date of the vital event that has been verified;

(3) A [~~governmental agency, or~~] government, private, social, or educational agency or organization that seeks confirmation of a certified copy of any such record submitted in support of or information provided about a vital event relating to any such record and contained in an official application made in the ordinary course of the agency's or organization's activities by an individual seeking employment with, entrance to, or the services or products of the agency or organization;

(4) A private or government attorney who seeks to confirm information about a vital event relating to any such record that was acquired during the course of or for purposes of legal proceedings; or

(5) An individual employed, endorsed, or sponsored by a governmental agency, or private, social, or educational agency or organization who seeks to confirm information about a vital event relating to preparation of reports or publications by the agency or organization for research or educational purposes.

SECTION 3. Section 338-18.5, Hawaii Revised Statutes, is repealed.

["~~[§338-18.5] Sharing of vital statistics records with department of health program employees for approved research purposes.~~ (a) Notwithstanding section 338-18, the department may disclose public health statistics records to persons who are employed by department of health programs, acting within the scope of their employment, who need to use a public health statistics record for research purposes, as approved by the department of health's institutional review committee. Upon the institutional review committee's approval, the department may disclose the following to department employees as specified in this section:

~~(1)~~ Names, addresses, and contact information in the record for the purpose of contacting persons identified in the record to request informed consent to use additional specified information in the record. Upon confirmation of informed consent, the additional specified information in the record may be disclosed and used for approved research purposes; and

~~(2)~~ ~~Information in the record as approved by the institutional review committee without informed consent of persons identified in the record; provided that the institutional review committee:~~

~~(A)~~ ~~Identifies the information in the record for which disclosure is sought;~~

~~(B)~~ ~~Determines that obtaining informed consent is not practicable; and~~

~~(C)~~ ~~Determines that there is a public health purpose for the approved research that substantially outweighs the confidentiality interest of persons identified in the record.~~

~~(b) Research purposes under this section are limited to those that have been approved by the department's institutional review committee.~~

(c) Requirements for informed consent shall be determined by the department's institutional review committee as part of its approval of the research purposes for which the information in the record will be disclosed and used.

~~(d) Information disclosed pursuant to this section may only be re-disclosed:~~

~~(1)~~ ~~With authorization from the institutional review committee; or~~

~~(2)~~ ~~If the record has been redacted of identifying personal information.~~

~~(e) For the purposes of this section, "department" means the department of health.~~"]

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST

THE SENATE	S.B. NO.	1145
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII