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<section article="ghg" article_name="Health - General" number="4-217" title_number="4" title_name="Statistics and Records" subtitle_number="2" subtitle_name="Vital Statistics and Records">
  <level label="a">
    <level label="1">
      <text>Except as provided in subsection (b) of this section, the Secretary shall provide, on request, any person authorized by regulations adopted under this subtitle with a certified or abridged copy of a birth, death, or fetal death certificate registered under this subtitle or of the certificate of a marriage performed after June 1, 1951.</text>
    </level>
    <level label="2">
      <text>Except as provided in subsection (b) of this section and subject to subsection (h) of this section, a local health department or the Motor Vehicle Administration may:</text>
      <level label="i">
        <text>Access electronically from the Department a certified or abridged copy of a birth certificate or death certificate registered under this subtitle; and</text>
      </level>
      <level label="ii">
        <text>On request, provide any person authorized by regulations adopted under this subtitle with a certified or abridged copy of a birth certificate or death certificate registered under this subtitle.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>The Secretary shall provide on request, to any person authorized by regulation adopted under this subtitle, a commemorative birth certificate.</text>
      </level>
      <level label="ii">
        <text>The Department shall set a fee for the commemorative birth certificate.</text>
      </level>
      <level label="iii">
        <text>The commemorative birth certificate shall:</text>
        <level label="1">
          <text>Be in a form consistent with the need to protect the integrity of vital records but suitable for display; and</text>
        </level>
        <level label="2">
          <text>Have the same status as evidence as the original birth certificate.</text>
        </level>
      </level>
      <level label="iv">
        <text>A portion of the funds collected under this paragraph shall go to the Department for the production costs of issuing the commemorative birth certificates. The remainder of the funds collected shall be paid into the Children’s Trust Fund established under § 13–2207 of this article to provide funding for the Child Abuse Medical Providers (Maryland CHAMP) Initiative.</text>
      </level>
      <level label="v">
        <text>The Secretary shall adopt regulations to implement the provisions of this paragraph.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>A certified or abridged copy of a birth certificate may be issued only:</text>
      <level label="i">
        <text>On order of a court of competent jurisdiction;</text>
      </level>
      <level label="ii">
        <text>On request of the individual to whom the record relates;</text>
      </level>
      <level label="iii">
        <text>On request of a parent, guardian, surviving spouse, or other authorized representative of the individual; or</text>
      </level>
      <level label="iv">
        <text>In accordance with Title 5, Subtitle 3A or Subtitle 4B of the Family Law Article.</text>
      </level>
    </level>
    <level label="2">
      <text>A certified or abridged copy of a birth certificate may contain only the personal information that appears on the birth certificate and may not include any confidential medical information that appears on the birth certificate.</text>
    </level>
    <level label="3">
      <text>Birth certificate information may not be given if it is to be used for commercial solicitation or private gain.</text>
    </level>
    <level label="4">
      <text>A noncertified copy of a birth certificate including confidential medical information may be provided to a unit of the Department to carry out its legal mandate or to conduct Institutional Review Board (IRB) approved research or study. Any report resulting from this research or study may not contain personal identifiers unless authorized by the subject of the record or the subject’s parent or authorized representative.</text>
    </level>
    <level label="5">
      <text>A copy of a birth certificate may be given to the Maryland Immunization Program to improve childhood immunization rates.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Except as otherwise provided by law:</text>
      <level label="i">
        <text>The Department shall collect a $12 fee:</text>
        <level label="1">
          <text>For each certified or abridged copy of a fetal death, marriage, or divorce verification certificate;</text>
        </level>
        <level label="2">
          <text>For a report that a search of the fetal death, marriage, or divorce verification certificate files was made and the requested record is not on file;</text>
        </level>
        <level label="3">
          <text>For each change to a fetal death, marriage, or divorce verification certificate made later than 1 year after the certificate has been registered with the Department; or</text>
        </level>
        <level label="4">
          <text>To process an adoption, foreign adoption, or legitimation;</text>
        </level>
      </level>
      <level label="ii">
        <text>The Department shall collect a $10 fee:</text>
        <level label="1">
          <text>Except as provided in paragraph (6)(ii) of this subsection, for each certified or abridged copy of a birth certificate;</text>
        </level>
        <level label="2">
          <text>For the first copy of a certified or abridged death certificate issued in a single transaction;</text>
        </level>
        <level label="3">
          <text>For a report that a search of the birth or death certificate files was made and the requested record is not on file; or</text>
        </level>
        <level label="4">
          <text>For each change to a birth or death certificate made later than 1 year after the certificate has been registered with the Department; and</text>
        </level>
      </level>
      <level label="iii">
        <text>The Department shall collect a $12 fee for each additional certified or abridged copy of a death certificate provided concurrently with an initial requested death certificate.</text>
      </level>
    </level>
    <level label="2">
      <text>From the fee the Department collects under paragraph (1) of this subsection, the Department shall transfer the entire fee to the General Fund.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>Any local health department or the Motor Vehicle Administration may set and collect a fee for processing and issuing a birth certificate or death certificate, or for a report that a search of the files was made and the requested record is not on file, that covers:</text>
        <level label="1">
          <text>The administrative costs of providing this service; and</text>
        </level>
        <level label="2">
          <text>The requirements of subparagraph (iii) of this paragraph.</text>
        </level>
      </level>
      <level label="ii">
        <text>The fee set by the local health department or the Motor Vehicle Administration for processing and issuing a birth certificate or for a report under subparagraph (i) of this paragraph may not exceed the actual costs to the local health department or the Motor Vehicle Administration for processing and issuing a birth certificate or death certificate or a report.</text>
      </level>
      <level label="iii">
        <text>From the fee the local health department or the Motor Vehicle Administration collects under subparagraph (i) of this paragraph, $10 shall be transferred to the General Fund.</text>
      </level>
      <level label="iv">
        <text>Prior to setting and collecting a fee for processing and issuing a birth certificate or death certificate or for a report under subparagraph (i) of this paragraph, the local health department or the Motor Vehicle Administration shall enter into a memorandum of understanding with the Maryland Department of Health that outlines the local health department’s or the Motor Vehicle Administration’s fee structure.</text>
      </level>
    </level>
    <level label="4">
      <text>The Department, a local health department, or the Motor Vehicle Administration may collect a fee for a certificate requested by an agency of the State or any of its political subdivisions.</text>
    </level>
    <level label="5">
      <text>The Secretary may waive all or part of a fee if chargeable to an agency of the United States.</text>
    </level>
    <level label="6">
      <level label="i">
        <text>The Department may not collect a fee for a copy of a vital record issued to:</text>
        <level label="1">
          <text>A current or former member of the uniformed services; or</text>
        </level>
        <level label="2">
          <text>The surviving spouse or child of the member, if the copy will be used in connection with a claim for a dependent or beneficiary of the member.</text>
        </level>
      </level>
      <level label="ii">
        <level label="1">
          <text>In this subparagraph, “homeless individual” has the meaning stated in the federal McKinney–Vento Homeless Education Assistance Improvements Act of 2001.</text>
        </level>
        <level label="2">
          <text>Subject to subsubparagraph 4 of this subparagraph, the Department may not collect a fee for a certified or an abridged copy of a birth certificate issued to a homeless individual.</text>
        </level>
        <level label="3">
          <text>The Department shall accept as proof of homelessness a signed written statement from a homeless services provider located in the State that:</text>
        </level>
        <level label="A">
          <text>Affirms that the individual is homeless; and</text>
        </level>
        <level label="B">
          <text>Includes the address to which the copy of the birth certificate requested under this section may be sent.</text>
        </level>
        <level label="4">
          <text>A homeless individual may receive one copy of a birth certificate without a fee in a single transaction.</text>
        </level>
        <level label="5">
          <text>The Department shall adopt regulations to implement this subparagraph.</text>
        </level>
      </level>
      <level label="iii">
        <text>The Department may not collect a fee for a certified or abridged copy of a death certificate of a first responder, as defined in § 18–213.2 of this article, killed in the line of duty, if the copy is issued to a surviving spouse or child of the first responder and will be used in connection with a claim for a dependent or beneficiary of the first responder.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <level label="i">
        <text>Except as provided in subparagraph (ii) of this paragraph, any local health department or the Motor Vehicle Administration may set and collect a fee for processing and issuing a death certificate that covers the administrative costs of providing this service.</text>
      </level>
      <level label="ii">
        <text>A local health department or the Motor Vehicle Administration may not collect a fee for processing and issuing a certified or abridged copy of a death certificate of a first responder, as defined in § 18–213.2 of this article, killed in the line of duty, if the copy is issued to a surviving spouse or child of the first responder and will be used in connection with a claim for a dependent or beneficiary of the first responder.</text>
      </level>
    </level>
    <level label="2">
      <text>The fee set by the local health department or the Motor Vehicle Administration for processing and issuing a death certificate under this subsection may not exceed the actual costs to the local health department or the Motor Vehicle Administration for processing and issuing a death certificate.</text>
    </level>
  </level>
  <level label="e">
    <text>The Secretary shall include with every copy of a death certificate, in a form prescribed and provided by the Insurance Commissioner, a notice which advises that certain individuals may be entitled to continuation of group health insurance benefits under § 15–407 of the Insurance Article.</text>
  </level>
  <level label="f">
    <text>The Secretary shall include with every copy of a death certificate that is completed by the Chief Medical Examiner a notice that advises a person in interest, as defined in § 4–101(g) of the General Provisions Article, of the right to appeal a denial by the Chief Medical Examiner of a request to correct findings and conclusions as to the cause and manner of death recorded on a death certificate as provided under § 5–310(d) of this article.</text>
  </level>
  <level label="g">
    <text>A person may use a photocopy of a birth, death, fetal death, or marriage certificate for any nonfraudulent and nondeceptive purpose.</text>
  </level>
  <level label="h">
    <level label="1">
      <text>The Department shall develop and implement security protocols and other protections to:</text>
      <level label="i">
        <text>Ensure a person without authorization is prohibited from accessing any vital records; and</text>
      </level>
      <level label="ii">
        <text>Minimize the disclosure of and the access to medically sensitive information from the vital records database by employees not employed by the Department.</text>
      </level>
    </level>
    <level label="2">
      <text>The security protocols and other protections developed under paragraph (1) of this subsection shall include an auditable record of the following information:</text>
      <level label="i">
        <text>The date and time a certified or abridged copy of a birth certificate was printed; and</text>
      </level>
      <level label="ii">
        <text>The identification of the employee who printed the certified or abridged copy of the birth certificate.</text>
      </level>
    </level>
  </level>
</section>
