HB 1037 -- Confidentiality of Birth Records

Sponsor:  Tudor

This bill prohibits the Department of Health from disclosing
personal information about an individual in connection with a
birth record to non-specified persons or entities.

The Department of Health can disclose the personal information
about an individual in connection with a birth record to:

(1)  Government agencies, including courts and law enforcement
agencies in the performance of official functions or private
persons or entities acting on the behalf of a federal, state, or
local agency in the performance of official functions;

(2)  Researchers conducting research or producing statistical
reports with the exception that the personal information is not
published, disclosed, or used to contact individuals;

(3)  Insurance companies, their employees, or contractors when
conducting investigation activities, antifraud activities, and
rating or underwriting activities; and

(4)  A requester if the requester has proven that he or she
obtained the written consent from an individual or a minor's
parents or guardian.

The Department of Health can establish procedures which allow
individuals, parents, or a guardian to waive the right of
nondisclosure.

Any person who knowingly obtains, sells, or discloses personal
information from a birth record for an unauthorized use is
guilty of a class A misdemeanor and any person who makes false
representations to obtain personal information from an
individual's birth record is guilty of a class B misdemeanor.