Current through 2024 Regular Session legislation effective June 6, 2024
Section 432.385 - Registering, amending or correcting record through fraud; fraudulent use of record(1)(a) When the State Registrar of the Center for Health Statistics receives information that a record may have been registered, amended or corrected through fraud or misrepresentation, the state registrar may withhold issuance of certified copies related to that record pending an inquiry by appropriate authorities to determine whether fraud or misrepresentation has occurred.(b) If the appropriate authorities conclude that no fraud or misrepresentation occurred, then the state registrar shall issue certified copies related to the record. If the appropriate authorities conclude that there is reasonable cause to suspect fraud or misrepresentation, then the state registrar shall provide copies of the record and any relevant evidence to the appropriate authorities for further investigation.(c) If upon further investigation, the appropriate authorities conclude that fraud or misrepresentation occurred, the state registrar shall provide an opportunity to the registrant or the legal representative of the registrant to respond to the findings prior to voiding the record.(d) If the state registrar issues an order voiding a record under this subsection, the state registrar shall advise the registrant of the registrant's rights under ORS 183.484.(e) A record voided under this subsection shall be retained by the state registrar. However, a record voided under this subsection is not subject to inspection or copying except upon receiving an order from a court of competent jurisdiction or by the state registrar for purposes of administering the system of vital statistics.(2)(a) When the state registrar receives information that an application for a certified copy may have been submitted for purposes of fraud or misrepresentation, the state registrar may withhold issuance of the certified copy pending an inquiry by appropriate authorities to determine whether fraud or misrepresentation occurred.(b) If the appropriate authorities conclude that no fraud or misrepresentation occurred, then the state registrar shall issue the certified copy. If the appropriate authorities conclude that there is reasonable cause to suspect fraud or misrepresentation, then the state registrar shall provide copies of the application and any relevant evidence to the appropriate authorities for further investigation. The state registrar shall advise the applicant of the applicant's rights under ORS 183.484.(c) An application investigated under this subsection shall be retained by the state registrar. However, an application investigated under this subsection is not subject to inspection or copying except upon receiving an order from a court of competent jurisdiction or by the state registrar for purposes of administering the system of vital statistics.(3) The state registrar shall periodically test and audit the system of vital statistics for purposes of detecting fraud. If fraud is detected, the state registrar shall provide copies of the evidence to the appropriate authorities for further investigation. The result of such tests and audits shall be retained by the state registrar. However, the results of such tests and audits are not subject to inspection or copying except upon receiving an order from a court of competent jurisdiction or by the state registrar for purposes of administering the system of vital statistics.