N.Y. Comp. Codes R. & Regs. tit. 10 § 35.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 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.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 35.4