AN ACT concerning
Vital Records
FOR the purpose of removing and revising certain restrictions on access to vital records.
BY repealing and reenacting, with amendments
Article - State Government
Section 9-1015
Annotated Code of Maryland
(1993 Replacement Volume and 1995 Supplement)
BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
that the Laws of Maryland read as follows:
ARTICLE - STATE GOVERNMENT
9-1015. Vital records.
(a) Definitions. - In this section the following words have the meanings indicated:
(1) "Certified or abridged copy" means a copy of a restrictedvital record that contains only the personal information that appears on the certificate of birth and does not include any confidential medical information appearing on the certificate.[(1)] (2) "Department" means the Department of Health and Mental Hygiene.
[(2)] (3) "Extract" means the following information from a[recent vital] restricted vital record:
(i) full names;
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(ii) ages, birthplaces, and occupations of parents;
(iii) places of residence;
(iv) date and place of birth[, marriage, divorce ordeath];
[(v) family relationships as stated in the record; and]
[(vi)] (v) name and relationship of the informant.
(4) "File" means to present for registration at the Departmentany certificate of birth, death, adoption, marriage, divorce, or annulment.
[(3)] (5) "[Old] Unrestricted vital record" means a [recordin the custody of the Archives, including one obtained from the Department by the Archives, that pertains to a] Certificate of Birth that pertains to a birth that occurred more than 100 years prior to the request for same [ago,] or to [a] any M[m]arriage License, [or] Report of Absolute Divorce or Annulment of Marriage [divorce that occurred more than 60 years ago,] or [to a] Certificate of D[d]eath [that occurred more than 20 years ago] filed with the Department.
[(4)] (6) "[Recent] Restricted vital record" [birth, marriageor divorce] means a Certificate of Birth [record in the custody of the Archives, including one obtained from the Department by the Archives,] that pertains to a birth that occurred [within the last] fewer than 100 years prior to the request
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for same [or a marriage or divorce that occurred within the last 60 years].
[(5) "Recent death record" means a record in the custody ofthe Archives, including one obtained from the Department by the Archives, that pertains to a death that occurred within the last 20 years.
[(6) "Recent vital record" means either a "recent birth,marriage or divorce record" or a "recent death record."]
(7) "Vital record" means a record of birth, death, marriage,absolute divorce, or marriage annulment required by law to be filed with [in the custody of the Archives, including one obtained from] the Department [, which pertains to a birth, marriage, divorce or death].
[(8) "Record" means a copy or the original record.]
(b) Department to provide Archives with vital records and indexes.- Upon request of the Archives, the Department shall provide the Archives with vital records and indexes of vital records that are in the custody of the Department.
(c) Manner of copying.- Vital records and indexes may be copied by the Archivist in any manner.
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(d) Disclosure and provision of copies.-
(1) Upon request, the Archives may only disclose and provide copies of vital records to:
(i) an individual who is lawfully entitled under 4-217 (b)(1) of the Health-General Article to obtain a certified or abridged copy of a restricted vital record from the Department or any other original custodian; or
(ii) an individual who requests an [old] unrestrictedvital record; or
(iii) an individual who has evidence of the death of theperson [or persons] in the restricted vital record[s].
(2) An individual may examine and obtain a copy of indexes that pertain to vital records that are in the custody of the Archives.
(3) An individual may obtain an extract of a [recent]restricted vital record.
(4) An individual may obtain from the Archives a certified copy of the original of a vital record that may be examined under paragraph (1) of this subsection.
(e) Copying fees.- The Archives may charge a reasonable fee to cover the expense of copying vital records or indexes to a vital record, to make extracts from [recent] restricted vital records or to undertake a search for vital records.
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(f) Use for commercial solicitation or private gain prohibited.-(1) An individual may not request a copy of vital records, indexes to vital records, [vital records,] or extracts [to recent] from restricted vital records for the purpose of commercial solicitation or private gain.
(2) The Archives may require an individual to state theindividual's intended use of the information obtained under this section.
(g) Rules of confidentiality.- Under this section, the copying and use of vital records for disclosure, the disclosure of vital records, or extracts of [recent] restricted vital records or indexes does not violate the rule of confidentiality in a provision of law, including Title 10, Subtitle 6 of this article or 4-224 of the Health-General Article.
(h) Liability of Archives.- The Archives is not liable to an individual for:
(1) errors in indexing or extracting information from vital
records; or
(2) reasonable reliance on evidence that the person in arestricted vital record [pertaining to birth, marriage, or divorce] is deceased.
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(i) Official records.- Unless a record has been transferred to the custody of the Archives, the information disclosed under this section does not constitute an official record. (1987, ch. 373; 1988, ch. 6, & 1; 1989, ch. 377; 1990, ch. 6, & 2; 1991, ch. 55, & 1.)