Amended in Senate August 12, 2014

Amended in Senate June 24, 2014

Amended in Assembly May 1, 2014

Amended in Assembly March 25, 2014

Amended in Assembly March 17, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1951


Introduced by Assembly Member Gomez

(Coauthors: Assembly Members Ammiano, Eggman, Garcia, Gordon, Skinner, and Ting)

(Coauthor: Senator Lara)

February 19, 2014


An act tobegin delete amend Sectionend deletebegin insert amend, repeal, and add Sectionsend insert 102425begin insert and 102430end insert of, to addbegin delete Sectionend deletebegin insert Sectionsend insert 102425.1begin insert and 102425.2end insert to, and to repeal Section 102150 of, the Health and Safety Code, relating to vital records.

LEGISLATIVE COUNSEL’S DIGEST

AB 1951, as amended, Gomez. Vital records: birth certificates.

Existing law prescribes the duties of the State Registrar of Vital Statistics and local registrars of births and deaths with respect to the registration of a live birth. Under existing law, a certificate of live birth is required to contain, among other things, the full name, birthplace, and date of birth of both the father and mother of a child, except as provided.

Existing law provides for the Vital Statistics Advisory Committee, which, among other things, is required to review and make recommendations to the State Registrar as to proposals for addition or deletion of items on the certificate of live birth and advise the State Registrar on the content and format of the certificate. Existing law requires the State Registrar to publish within 30 days of receipt of recommendations by the committee, both a list of the recommendations adopted and a list of the recommendations not adopted, with reasons for the action.

This bill wouldbegin insert, commencing January 1, 2016,end insert instead require the State Registrar, with regard to identification of the parents, to modify the certificate of live birth to contain 2 lines that both read “Name of Parent” and contain, next to each parent’s name, 3begin delete check boxesend deletebegin insert checkboxesend insert with the options of mother, father, and parent to describe the parent’s relationship to the child. The bill would also require that all local registrars, deputy registrars, and subregistrars use the modified certificate of live birth, update all forms to incorporate the modification, and discard all forms in use before the modification.begin delete The bill would provide that these provisions become operative on January 1, 2016. Theend delete

begin insertThe bill would, for a birth occurring prior to January 1, 2016, authorize a parent to amend specified parental titles on the certificate of live birth to the parent relationship designation described above. The bill would require, if the birth mother is listed on the certificate of live birth, the birth’s mother’s name, date of birth, and place of birth to be linked to her medical and social information, and would require that the linkage be confidential, as specified. Theend insert bill would make technical and conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 102150 of the Health and Safety Code
2 is repealed.

begin delete
3

SEC. 2.  

Section 102425 of the Health and Safety Code is
4amended to read:

5

102425.  

(a) The certificate of live birth for any live birth
6occurring on or after January 1, 1980, shall contain those items
7necessary to establish the fact of the birth and shall contain only
8the following information:

P3    1(1) Full name and sex of the child.

2(2) Date of birth, including month, day, hour, and year.

3(3) Place of birth.

4(4) Full name, birthplace, and date of birth of each parent,
5including month, day, and year, and the relationship of the parent
6to the child.

7(A) The full name of the mother shall be the birth name of the
8mother.

9(B) If the parents are not married to each other, the father’s
10name shall not be listed on the birth certificate unless the father
11and the mother sign a voluntary declaration of paternity at the
12hospital before the birth certificate is prepared. The birth certificate
13may be amended to add the father’s name at a later date only if
14paternity for the child has been established by a judgment of a
15court of competent jurisdiction or by the filing of a voluntary
16declaration of paternity.

17(5) Multiple births and birth order of multiple births.

18(6) Signature, and relationship to the child, of a parent or other
19informant, and date signed.

20(7) Name, title, and mailing address of the attending physician
21and surgeon or principal attendant, signature, and certification of
22live birth by the attending physician and surgeon or principal
23attendant or certifier, date signed, and name and title of the certifier
24if other than the attending physician and surgeon or principal
25attendant.

26(8) Date accepted for registration and signature of local registrar.

27(9) A state birth certificate number and local registration district
28and number.

29(10) A blank space for entry of the date of death with a caption
30reading “Date of Death.”

31(b) In addition to the items listed in subdivision (a), the
32certificate of live birth shall contain the following medical and
33social information, provided that the information is kept
34confidential pursuant to Sections 102430 and 102447 and is clearly
35labeled “Confidential Information for Public Health Use Only”:

36(1) Birth weight.

37(2) Pregnancy history.

38(3) Race and ethnicity of each parent.

P4    1(4) If applicable, the full name, birthplace, date of birth,
2including month, day, and year, and residence address of the birth
3mother.

4(5) A blank space for entry of census tract for the birth mother’s
5address.

6(6) Date of first prenatal care visit, the number of prenatal care
7visits, and commencing January 1, 2007, the date of last prenatal
8care visit.

9(7) Date of last normal menses and, commencing January 1,
102007, an obstetric estimate of completed weeks of gestation at
11delivery.

12(8) Description of complications and procedures of pregnancy
13and concurrent illnesses, congenital malformation, and any
14complication or procedure of labor and delivery, including surgery,
15provided that this information is essential medical information and
16appears in total on the face of the certificate.

17(9) Commencing January 1, 2007, hearing screen results.

18(10) Each parent’s occupations and kind of business or industry.

19(11) Education level of each parent.

20(12) Principal source of payment for prenatal care, which shall
21include the following: Medi-Cal, private insurance, self-pay, other
22sources, and any other categories as may be determined by the
23State Department of Public Health.

24(13) Expected principal source of payment for delivery, which
25shall include the following: Medi-Cal, private insurance, self-pay,
26other sources, and any other categories as may be determined by
27the State Department of Public Health.

28(14) An indication of whether or not the child’s parent desires
29the automatic issuance of a social security number to the child.

30(15) On and after January 1, 1995, the social security numbers
31of each parent, unless subdivision (d) applies.

32(c) When an objection is made by either parent to the furnishing
33of the information specified in paragraphs (3), (9), and (11) of
34subdivision (b) for the confidential portion of the certificate of live
35birth, this information shall not be required to be entered on that
36portion of the certificate of live birth.

37(d) A parent is not required to disclose his or her social security
38number as required by paragraph (15) of subdivision (b) if the
39parent has good cause for not disclosing his or her social security
P5    1number. Good cause shall be defined by regulations adopted by
2the State Department of Social Services.

3(e) Paragraph (8) of subdivision (b) shall be completed by the
4attending physician and surgeon or the attending physician and
5surgeon’s designated representative. The names and addresses of
6children born with congenital malformations who require followup
7treatment, as determined by the child’s physician and surgeon,
8shall be furnished by the physician and surgeon to the local health
9officer, if permission is granted by either parent of the child.

10(f) The parent shall only be asked to sign the form after both
11the public portion and the confidential medical and social
12information items have been entered upon the certificate of live
13birth.

14(g) (1) The State Registrar shall instruct all local registrars to
15collect the information specified in this section with respect to
16certificates of live birth. The information shall be transcribed on
17the certificate of live birth in use at the time and shall be limited
18to the information specified in this section.

19(2) Information relating to concurrent illnesses, complications
20and procedures of pregnancy and delivery, and congenital
21malformations shall be completed by the physician and surgeon,
22or the physician and surgeon’s designee, who shall insert in the
23space provided on the confidential portion of the certificate the
24appropriate number or numbers listed on the VS-10A supplemental
25worksheet. The VS-10A supplemental form shall be used as a
26worksheet only and shall not in any manner be linked with the
27identity of the child or the birth mother, nor submitted with the
28certificate to the State Registrar. All information transferred from
29the worksheet to the certificate shall be fully explained to the parent
30or other informant prior to the signing of the certificate. Questions
31relating to drug or alcohol abuse shall not be asked.

32(h) (1) The Vital Statistics Advisory Committee, in accordance
33with Section 102465, shall conduct a review of the contents of the
34certificate of live birth to coincide with decennial revisions by the
35National Center for Health Statistics to the United States Standard
36Certificate of Live Birth. The Vital Statistics Advisory Committee
37shall make recommendations to the State Registrar regarding the
38adoption of modifications to the state certificate of live birth that
39are similar to those made to the federal certificate.

P6    1(2) Notwithstanding Section 102470, the State Registrar shall
2review the Vital Statistics Advisory Committee recommendations
3and, at the State Registrar’s discretion, shall submit to the
4Legislature, for approval, additions or deletions to the certificate
5of live birth.

end delete
6begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 102425 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
7amended to read:end insert

8

102425.  

(a) The certificate of live birth for any live birth
9occurring on or after January 1, 1980, shall contain those items
10necessary to establish the fact of the birth and shall contain only
11the following information:

12(1) Full name and sex of the child.

13(2) Date of birth, including month, day, hour, and year.

14(3) Place of birth.

15(4) Full name of the father, birthplace, and date of birth of the
16father including month, day, and year. If the parents are not married
17to each other, the father’s name shall not be listed on the birth
18 certificate unless the father and the mother sign a voluntary
19declaration of paternity at the hospital before the birth certificate
20is prepared. The birth certificate may be amended to add the
21father’s name at a later date only if paternity for the child has been
22established by a judgment of a court of competent jurisdiction or
23by the filing of a voluntary declaration of paternity.

24(5) Full birth name of the mother, birthplace, and date of birth
25of the mother including month, day, and year.

26(6) Multiple births and birth order of multiple births.

27(7) Signature, and relationship to the child, of a parent or other
28informant, and date signed.

29(8) Name, title, and mailing address of the attending physician
30and surgeon or principal attendant, signature, and certification of
31live birth by the attending physician and surgeon or principal
32attendant or certifier, date signed, and name and title of the certifier
33if other than the attending physician and surgeon or principal
34attendant.

35(9) Date accepted for registration and signature of local registrar.

36(10) A state birth certificate number and local registration district
37and number.

38(11) A blank space for entry of the date of death with a caption
39reading “Date of Death.”

P7    1(b) In addition to the items listed in subdivision (a), the
2certificate of live birth shall contain the following medical and
3social information, provided that the information is kept
4confidential pursuant to Sections 102430 and 102447 and is clearly
5labeled “Confidential Information for Public Health Use Only”:

6(1) Birth weight.

7(2) Pregnancy history.

8(3) Race and ethnicity of the mother and father.

9(4) Residence address of the mother.

10(5) A blank space for entry of census tract for the mother’s
11address.

12(6) Date of first prenatal care visit, the number of prenatal care
13visits, and commencing January 1, 2007, the date of last prenatal
14care visit.

15(7) Date of last normal menses and, commencing January 1,
162007, an obstetric estimate of completed weeks of gestation at
17delivery.

18(8) Description of complications and procedures of pregnancy
19and concurrent illnesses, congenital malformation, and any
20complication or procedure of labor and delivery, including surgery,
21provided that this information is essential medical information and
22appears in total on the face of the certificate.

23(9) Commencing January 1, 2007, hearing screen results.

24(10) Mother’s and father’s occupations and kind of business or
25industry.

26(11) Education level of the mother and father.

27(12) Principal source of payment for prenatal care, which shall
28include the following: Medi-Cal, private insurance, self-pay, other
29sources, and any other categories as may be determined by the
30State Department ofbegin delete Health Services.end deletebegin insert Public Health.end insert

31(13) Expected principal source of payment for delivery, which
32shall include the following: Medi-Cal, private insurance, self-pay,
33other sources, and any other categories as may be determined by
34the State Department ofbegin delete Health Services.end deletebegin insert Public Health.end insert

35(14) An indication of whether or not the child’s parent desires
36the automatic issuance of a social security number to the child.

37(15) On and after January 1, 1995, the social security numbers
38of the mother and father, unless subdivisionbegin delete (b) of Section 102150end delete
39begin insert (d)end insert applies.

begin insert

P8    1(c) When an objection is made by either parent to the furnishing
2of the information specified in paragraphs (3), (10), and (11) of
3subdivision (b) for the confidential portion of the certificate of live
4birth, this information shall not be required to be entered on that
5portion of the certificate of live birth.

end insert
begin insert

6(d) A parent is not required to disclose his or her social security
7number as required by paragraph (15) of subdivision (b) if the
8parent has good cause for not disclosing his or her social security
9number. Good cause shall be defined by regulations adopted by
10the State Department of Social Services.

end insert
begin delete

11(c)

end delete

12begin insert(e)end insert Paragraph (8) of subdivision (b) shall be completed by the
13attending physician and surgeon or the attending physician and
14surgeon’s designated representative. The names and addresses of
15children born with congenital malformations who require followup
16treatment, as determined by the child’s physician and surgeon,
17shall be furnished by the physician and surgeon to the local health
18officer, if permission is granted by either parent of the child.

begin delete

19(d)

end delete

20begin insert(f)end insert The parent shall only be asked to sign the form after both
21the public portion and the confidential medical and social
22information items have been entered upon the certificate of live
23birth.

begin delete

24(e)

end delete

25begin insert(g)end insertbegin insert(1)end insertbegin insertend insert The State Registrar shall instruct all local registrars to
26collect the information specified in this section with respect to
27certificates of live birth. The information shall be transcribed on
28the certificate of live birth in use at the time and shall be limited
29to the information specified in this section.

begin delete

30Information

end delete

31begin insert(2)end insertbegin insertend insertbegin insertInformationend insert relating to concurrent illnesses, complications
32and procedures of pregnancy and delivery, and congenital
33malformations shall be completed by the physician and surgeon,
34or the physician and surgeon’s designee, who shall insert in the
35space provided on the confidential portion of the certificate the
36appropriate number or numbers listed on the VS-10A supplemental
37worksheet. The VS-10A supplemental form shall be used as a
38worksheet only and shall not in any manner be linked with the
39identity of the child or the mother, nor submitted with the certificate
40to the State Registrar. All information transferred from the
P9    1worksheet to the certificate shall be fully explained to the parent
2or other informant prior to the signing of the certificate.begin delete No
3questionsend delete
begin insert Questionsend insert relating to drug or alcohol abusebegin delete mayend deletebegin insert shall
4notend insert
be asked.

begin delete

5(f)

end delete

6begin insert(h)end insert (1) The Vital Statistics Advisory Committee, in accordance
7with Section 102465, shall conduct a review of the contents of the
8certificate of live birth to coincide with decennial revisions by the
9National Center for Health Statistics to the United States Standard
10Certificate of Live Birth. The Vital Statistics Advisory Committee
11shall make recommendations to the State Registrar regarding the
12adoption of modifications to the state certificate of live birth that
13are similar to those made to the federal certificate.

14(2) Notwithstanding Section 102470, the State Registrar shall
15review the Vital Statistics Advisory Committee recommendations
16and, at the State Registrar’s discretion, shall submit to the
17Legislature, for approval, additions or deletions to the certificate
18of live birth.

begin insert

19(i) This section shall be repealed on January 1, 2016.

end insert
20begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 102425 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
21to read:end insert

begin insert
22

begin insert102425.end insert  

(a) The certificate of live birth for any live birth
23occurring on or after January 1, 2016, shall contain those items
24necessary to establish the fact of the birth and shall contain only
25the following information:

26(1) Full name and sex of the child.

27(2) Date of birth, including month, day, hour, and year.

28(3) Place of birth.

29(4) Full name, birthplace, and date of birth of each parent,
30including month, day, and year, and the parental relationship of
31the parent to the child.

32(A) The full name of the mother shall be the birth name of the
33mother.

34(B) If the birth mother is one of the parents listed on the
35certificate of live birth, her name shall be placed on the second
36parent line.

37(C) If the parents are not married to each other, the father’s
38name shall not be listed on the birth certificate unless the father
39and the mother sign a voluntary declaration of paternity at the
40hospital before the birth certificate is submitted for registration.
P10   1The birth certificate may be amended to add the father’s name at
2a later date only if paternity for the child has been established by
3a judgment of a court of competent jurisdiction or by the filing of
4a voluntary declaration of paternity.

5(5) Multiple births and birth order of multiple births.

6(6) Signature, and relationship to the child, of a parent or other
7informant, and date signed.

8(7) Name, title, and mailing address of the attending physician
9and surgeon or principal attendant, signature, and certification
10of live birth by the attending physician and surgeon or principal
11attendant or certifier, date signed, and name and title of the
12certifier if other than the attending physician and surgeon or
13principal attendant.

14(8) Date accepted for registration and signature of local
15registrar.

16(9) A state birth certificate number and local registration district
17and number.

18(10) A blank space for entry of the date of death with a caption
19reading “Date of Death.”

20(b) In addition to the items listed in subdivision (a), the
21certificate of live birth shall contain the following medical and
22social information, provided that the information is kept
23confidential pursuant to Sections 102430 and 102447 and is clearly
24labeled “Confidential Information for Public Health Use Only:”

25(1) Birth weight.

26(2) Pregnancy history.

27(3) Race and ethnicity of the mother and father.

28(4) Residence address of the birth mother.

29(5) A blank space for entry of census tract for the birth mother’s
30address.

31(6) Date of first prenatal care visit, the number of prenatal care
32visits, and commencing January 1, 2007, the date of last prenatal
33care visit.

34(7) Date of last normal menses and, commencing January 1,
352007, an obstetric estimate of completed weeks of gestation at
36delivery.

37(8) Description of complications and procedures of pregnancy
38and concurrent illnesses, congenital malformation, and any
39complication or procedure of labor and delivery, including surgery,
P11   1provided that this information is essential medical information
2and appears in total on the face of the certificate.

3(9) Commencing January 1, 2007, hearing screen results.

4(10) Mother’s and father’s occupations and kind of business or
5industry.

6(11) Education level of the mother and father.

7(12) Principal source of payment for prenatal care, which shall
8include the following: Medi-Cal, private insurance, self-pay, other
9sources, and any other categories as may be determined by the
10State Department of Public Health.

11(13) Expected principal source of payment for delivery, which
12shall include the following: Medi-Cal, private insurance, self-pay,
13other sources, and any other categories as may be determined by
14the State Department of Public Health.

15(14) An indication of whether or not the child’s parent desires
16the automatic issuance of a social security number to the child.

17(15) On and after January 1, 1995, the social security numbers
18of the mother and father, unless subdivision (d) applies.

19(c) When an objection is made by either parent to the furnishing
20of the information specified in paragraphs (3), (10), and (11) of
21subdivision (b) for the confidential portion of the certificate of live
22birth, this information shall not be required to be entered on that
23portion of the certificate of live birth.

24(d) A parent is not required to disclose his or her social security
25number as required by paragraph (15) of subdivision (b) if the
26parent has good cause for not disclosing his or her social security
27number. Good cause shall be defined by regulations adopted by
28the State Department of Social Services.

29(e) Paragraph (8) of subdivision (b) shall be completed by the
30attending physician and surgeon or the attending physician and
31surgeon’s designated representative. The names and addresses of
32children born with congenital malformations who require followup
33treatment, as determined by the child’s physician and surgeon,
34 shall be furnished by the physician and surgeon to the local health
35officer, if permission is granted by either parent of the child.

36(f) The parent shall only be asked to sign the form after both
37the public portion and the confidential medical and social
38information items have been entered upon the certificate of live
39birth.

P12   1(g) (1) The State Registrar shall instruct all local registrars to
2collect the information specified in this section with respect to
3certificates of live birth. The information shall be transcribed on
4the certificate of live birth in use at the time and shall be limited
5to the information specified in this section.

6(2) Information relating to concurrent illnesses, complications
7and procedures of pregnancy and delivery, and congenital
8malformations shall be completed by the physician and surgeon,
9or the physician and surgeon’s designee, who shall insert in the
10space provided on the confidential portion of the certificate the
11appropriate number or numbers listed on the VS-10A supplemental
12worksheet. The VS-10A supplemental form shall be used as a
13worksheet only and shall not in any manner be linked with the
14identity of the child or the birth mother, nor submitted with the
15certificate to the State Registrar. All information transferred from
16the worksheet to the certificate shall be fully explained to the parent
17or other informant prior to the signing of the certificate. Questions
18relating to drug or alcohol abuse shall not be asked.

19(h) (1) The Vital Statistics Advisory Committee, in accordance
20with Section 102465, shall conduct a review of the contents of the
21certificate of live birth to coincide with decennial revisions by the
22National Center for Health Statistics to the United States Standard
23Certificate of Live Birth. The Vital Statistics Advisory Committee
24shall make recommendations to the State Registrar regarding the
25adoption of modifications to the state certificate of live birth that
26are similar to those made to the federal certificate.

27(2) Notwithstanding Section 102470, the State Registrar shall
28review the Vital Statistics Advisory Committee recommendations
29and, at the State Registrar’s discretion, shall submit to the
30Legislature, for approval, additions or deletions to the certificate
31of live birth.

32(i) This section shall become operative on January 1, 2016.

end insert
33

begin deleteSEC. 3.end delete
34begin insertSEC. 4.end insert  

Section 102425.1 is added to the Health and Safety
35Code
, to read:

36

102425.1.  

(a) Notwithstanding Sections 102465 and 102470,
37the State Registrar of Vital Statistics, with regard to identification
38of the parents, shall modify the certificate of live birth to do both
39of the following:

40(1) Contain two lines that both read “Name of Parent.”

P13   1(2) Contain, next to each parent’s name, three checkboxes to
2choose from with the following options to describe the parent’s
3relationship to the child:

4(A) Mother.

5(B) Father.

6(C) Parent.

7(b) (1) The certificate of live birth, as described in subdivision
8(a), shall be used by all local registrars, deputy registrars, and
9subregistrars.

10(2) The local registrars, deputy registrars, and subregistrars shall
11update all forms to incorporate the modification and discard all
12forms in use before the modification described in subdivision (a).

begin insert

13(c) The parent or informant signing the certificate of live birth
14pursuant to paragraph (6) of subdivision (a) of Section 102425
15shall determine which parent relationship designation, as described
16in subdivision (a), to select for each parent. The informant shall
17first consult with one of the parents in selecting the appropriate
18parent relationship designation, or, in the event that no parent is
19available, the informant shall not select any checkboxes.

end insert
begin insert

20(d) The parent relationship designations on a certificate of live
21birth described in subdivision (a) may be amended in the manner
22prescribed in Article 1 (commencing with Section 103225) if the
23amendment affidavit is signed by at least one parent.

end insert
begin insert

24(e) For all births occurring prior to January 1, 2016, a parent
25may amend, in the manner prescribed in Article 1 (commencing
26with Section 103225), the title of “Mother/Parent” and
27“Father/Parent” on the certificate of live birth to instead have
28one of the parent relationship designations specified in paragraph
29(2) of subdivision (a).

end insert
begin delete

29 30(c)

end delete

31begin insert(f)end insert This section shall become operative on January 1, 2016.

32begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 102425.2 is added to the end insertbegin insertHealth and Safety
33Code
end insert
begin insert, to read:end insert

begin insert
34

begin insert102425.2.end insert  

(a) If the birth mother is one of the parents listed
35on the certificate of live birth pursuant to paragraph (4) of
36subdivision (a) of Section 102425, the birth mother’s name, date
37of birth, and place of birth shall be linked to her medical and social
38information collected pursuant to subdivision (b) of Section 102425
39and paragraph (2) of subdivision (a) of Section 102426. This
40linkage shall be confidential and may only be accessed, as
P14   1permitted under subdivision (b) of Section 102426 and Section
2102430.

3(b) This section shall become operative on January 1, 2016.

end insert
4begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 102430 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
5amended to read:end insert

6

102430.  

(a) The second section of the certificate of live birth
7as specified in subdivision (b) of Section 102425, the electronic
8file of birth information collected pursuant to subparagraphs (B)
9to (F), inclusive, of paragraph (2) of subdivision (a) of Section
10102426, and the second section of the certificate of fetal death as
11specified in Section 103025, shall be confidential. Access to the
12confidential portion of any certificate of live birth or fetal death,
13and the electronic file of birth information collected pursuant to
14subparagraphs (B) to (F), inclusive, of paragraph (2) of subdivision
15(a) of Section 102426, shall be limited to the following:

16(1) Department staff.

17(2) Local registrar’s staff and local health department staff when
18approved by the local registrar or local health officer, respectively.

19(3) The county coroner.

20(4) Persons with a valid scientific interest as determined by the
21State Registrar, who are engaged in demographic, epidemiological
22or other similar studies related to health, and who agree to maintain
23confidentiality as prescribed by this part and by regulation of the
24State Registrar.

25(5) The parent who signed the certificate or, if no parent signed
26the certificate, the mother.

27(6) The person named on the certificate.

28(7) Any person who has petitioned to adopt the person named
29on the certificate of live birth, subject to Section 102705 of the
30Health and Safety Code and Sections 9200 and 9203 of the Family
31Code.

32(b) The department shall maintain an accurate record of all
33persons who are given access to the confidential portion of the
34certificates. The record shall include: the name of the person
35authorizing access; name, title, and organizational affiliation of
36persons given access; dates of access; and specific purpose for
37which information is to be used. The record of access shall be open
38to public inspection during normal operating hours of the
39department.

P15   1(c) All research proposed to be conducted using the confidential
2medical and social information on the birth certificate or fetal death
3certificate shall first be reviewed by the appropriate committee
4constituted for the protection of human subjects that is approved
5by the federal Department of Health and Human Services and has
6a general assurance pursuant to Part 46 of Title 45 of the Code of
7Federal Regulations. No information shall be released until the
8request for information has been reviewed by the Vital Statistics
9Advisory Committee and the committee has recommended to the
10State Registrar that the information shall be released.

begin insert

11(d) This section shall be repealed on January 1, 2016.

end insert
12begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 102430 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
13to read:end insert

begin insert
14

begin insert102430.end insert  

(a) The second section of the certificate of live birth
15as specified in subdivision (b) of Section 102425, the electronic
16file of birth information collected pursuant to subparagraphs (B)
17to (F), inclusive, of paragraph (2) of subdivision (a) of Section
18102426, the birth mother linkage collected pursuant to Section
19102425.2, and the second section of the certificate of fetal death
20as specified in Section 103025, shall be confidential. Access to the
21confidential portion of any certificate of live birth or fetal death,
22the electronic file of birth information collected pursuant to
23subparagraphs (B) to (F), inclusive, of paragraph (2) of subdivision
24(a) of Section 102426, and the birth mother linkage collected
25pursuant to Section 102425.2 shall be limited to the following:

26(1) Department staff.

27(2) Local registrar’s staff and local health department staff
28when approved by the local registrar or local health officer,
29respectively.

30(3) The county coroner.

31(4) Persons with a valid scientific interest as determined by the
32State Registrar, who are engaged in demographic, epidemiological
33or other similar studies related to health, and who agree to
34maintain confidentiality as prescribed by this part and by
35regulation of the State Registrar.

36(5) The parent who signed the certificate or, if no parent signed
37the certificate, the mother.

38(6) The person named on the certificate.

39(7) Any person who has petitioned to adopt the person named
40on the certificate of live birth, subject to Section 102705 of the
P16   1Health and Safety Code and Sections 9200 and 9203 of the Family
2Code.

3(b) (1) The department shall maintain an accurate record of
4all persons who are given access to the confidential portion of the
5certificates. The record shall include all of the following:

6(A) The name of the person authorizing access.

7(B) The name, title, and organizational affiliation of persons
8given access.

9(C) The dates of access.

10(D) The specific purpose for which information is to be used.

11(2) The record of access shall be open to public inspection
12during normal operating hours of the department.

13(c) All research proposed to be conducted using the confidential
14medical and social information on the birth certificate or fetal
15death certificate shall first be reviewed by the appropriate
16committee constituted for the protection of human subjects that is
17approved by the federal Department of Health and Human Services
18and has a general assurance pursuant to Part 46 of Title 45 of the
19Code of Federal Regulations. Information shall not be released
20until the request for information has been reviewed by the Vital
21Statistics Advisory Committee and the committee has recommended
22to the State Registrar that the information shall be released.

23(d) This section shall become operative on January 1, 2016.

end insert


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