333-011-0300 Amendments to Death Records (1) To amend a death record, application may be made by the informant, the next of kin of the decedent, person acting as the funeral service practitioner who signed the report of death, or a funeral service practitioner employed by the licensed funeral establishment that submitted the report of death. (a) Next of kin is, in order of preference: (A) Spouse of the decedent; (B) A son or daughter age 18 or older of the decedent; (C) The mother or the father of the decedent; (D) A brother or sister age 18 or older of the decedent; (E) The guardian of the decedent at the time of death; (F) The personal representative of the estate of the decedent; or (G) The person nominated as the personal representative of the decedent in the decedent’s will. (b) Applications to amend the medical certification of cause of death shall be made only by the physician who signed the medical certification or the medical examiner. (c) A completed and signed affidavit in a format prescribed by the state registrar is required for all amendments. (2) When the marital/partnership status is shown as married/partnered and a surviving spouse/partner is listed on the death record of the decedent then the marital/partnership status shall be changed to: (a) Widowed and the spouse/partner removed if a certified copy of a death record for the spouse/partner documenting that the spouse/partner died prior to the death of the decedent is submitted by the informant. (b) Divorced or never married and the spouse/partner removed if a certification of divorce/dissolution/annulment documenting that the event occurred prior to the death of the decedent is submitted by the informant. (3) If the marital/partnership status is shown as married/partnered and surviving spouse/partner is listed as unknown or is blank on the death record, then a certified copy of the record of marriage/partnership must be provided to add the name of the surviving spouse/partner. (4) If the marital/partnership status is shown as married/partnered and the surviving spouse/partner is listed on the death record then an order from a court of competent jurisdiction will be needed to change that spouse/partner to a different person. (5) When the marital/partnership status is shown as divorced, widowed, or never married and no surviving spouse/partner is listed on the death record of the decedent then the marital/partnership status shall be amended to married/partnered and the surviving spouse/partner added upon receipt of notarized affidavits from both the informant and from the alleged surviving spouse/partner stating that an error was made and stating the correct information, and either: (a) A certified copy of the marriage/partnership record showing that the person to be listed as the surviving spouse/partner was married to/partnered with the decedent prior to death is submitted by the informant; or (b) An order from a court of competent jurisdiction issued in a legal action indicating that the person was in a common-law marriage with the decedent at the time of the decedent’s death. (6) Other changes to marital/partnership status and surviving spouse/partner will be made only upon the finding of a court of competent jurisdiction in an order that determined the marital/partnership status of the decedent and identifies the surviving spouse/partner, if appropriate. (7) For sections (2) through (5) of this rule, in addition to documentation required, the informant listed on the death record shall be notified of the requested change and given the opportunity to respond prior to the state registrar amending the death record. If the informant disagrees with the change, marital status and surviving spouse can only be changed upon receipt of an order from a court of competent jurisdiction. (8) Amendment to other items on the death record: (a) Signatures may not be amended. (b) Other personal and statistical items on the death record may be amended by the funeral services practitioner based on a correction affidavit. (c) Other personal and statistical items on the death record shall be amended by the informant or next of kin only if supported by an affidavit and documentary evidence that is acceptable to the state registrar. (d) An order from a court of competent jurisdiction may be used to amend any item except signatures, the date of registration, or to amend the date of death to a date that is after the date of registration. (9) Notwithstanding sections (2) through (7) of this rule, any item may be amended except signatures if the amendment is required because of clerical error by the facility, institution or individual responsible for submitting the report. The request for amendment shall be supported by a written statement explaining the error. Statutory/Other Authority: ORS 432.235 Statutes/Other Implemented: ORS 432.235 History: PH 17-2013, f. 12-26-13, cert. ef. 1-1-14