NY Pub Health L § 4174 (2021)
2021 New York Laws PBH - Public Health Article 41 - Vital Statistics Title 7 - Vital Statistics Records 4174 - Records; Transcripts and Certifications by Commissioner; Fees.

§ 4174. Records; transcripts and certifications by commissioner; fees. 1. The commissioner or any person authorized by him shall:  (a)  upon request, issue to any applicant either a certified copy or a certified transcript of the record of any  death  registered  under  the provisions  of  this chapter (1) when a documented medical need has been demonstrated, (2) when a documented need to establish a legal  right  or claim  has  been demonstrated, (3) when needed for medical or scientific research approved by the commissioner, (4) when needed  for  statistical or  epidemiological  purposes  approved  by  the  commissioner, (5) upon specific request by municipal, state or federal agencies for statistical or official purposes, (6) upon specific request of the spouse, children, siblings or parents of the deceased or the lawful representative of such persons,  or  (7)  pursuant  to  the  order  of  a  court  of  competent jurisdiction  on  a  showing  of  necessity; except no certified copy or certified transcript of a death record shall be  subject  to  disclosure under article six of the public officers law;  (b)   issue   certified  copies  or  certified  transcripts  of  birth certificates only (1) upon order of a court of  competent  jurisdiction, or  (2)  upon specific request therefor by the person, if eighteen years of age or more, or by a parent or other  lawful  representative  of  the person,  to  whom  the  record  of  birth  relates  including authorized representatives of a local social services district if the person is  in the  care  and  custody or custody and guardianship of such district, or (3) upon specific request therefor by a department of  a  state  or  the federal government of the United States;  (c)  upon  request,  issue  a wallet-size certification of birth, in a form and bearing a design provided by the commissioner.  Each  applicant for a wallet-size certification of birth shall remit to the commissioner with such application, a fee determined by the department;  (d)  upon request, issue certification of birth or death unless in his judgment it does not appear to be necessary or  required  for  a  proper purpose;  (e)  furnish  non-identifiable  statistical  information in tabular or machine readable format for research activities if  satisfied  that  the same  is  required  for  a  proper  purpose,  and  the  commissioner  is authorized to fix  and  to  require  payment  of  a  fee  sufficient  to compensate  the  state  for  the  expense  of  providing  the  requested information;  (f) be deemed to have  complied  with  the  applicable  provisions  of paragraphs  (a)  and  (b)  of  this  subdivision  by  the  issuance of a certified transcript of the desired certificate or record instead  of  a certified  copy  thereof  except  where the requester shall show, to the satisfaction of the commissioner or  his  authorized  representative,  a demonstrated  need  for  such  certified  copy,  or  where a court order rendered pursuant to the provisions of paragraph (b) of this subdivision contains an express recital or direction therein that the issuance of  a certified  transcript  of  such  certificate  or  record  in  place of a certified copy thereof shall not  be  considered  to  be  in  compliance therewith;  (g)  upon  request  of  a  board  of elections, issue certification of death.   2. Each applicant for a certification of birth or  death,  certificate of birth data or for a certified copy or certified transcript of a birth or  death  certificate  or  certificate of birth data shall remit to the commissioner with such application a fee of thirty  dollars  in  payment for  the  search  of  the  files  and  records  and  the furnishing of a certification, certified copy or certified transcript if such record  is  found  or  for  a  certification  that a search discloses no record of a birth or of a death.   3.  For  any  search of the files and records conducted for authorized genealogical or  research  purposes,  the  commissioner  or  any  person authorized  by  him shall be entitled to, and the applicant shall pay, a fee of twenty dollars for each hour or fractional part  of  an  hour  of time  of search, together with a fee of two dollars for each uncertified copy or abstract of such record requested by  the  applicant  or  for  a certification that a search discloses no record.   4.  No  fee shall be charged for a search, certification, certificate, certified copy or certified transcript of a record to be used for school entrance, employment certificate or for purposes  of  public  relief  or when  required  by the veterans administration to be used in determining the eligibility of any  person  to  participate  in  the  benefits  made available  by the veterans administration or when required by a board of elections for the purposes of  determining  voter  eligibility  or  when requested  by the department of corrections and community supervision or a local correctional facility  as  defined  in  subdivision  sixteen  of section  two  of  the  correction  law  for  the  purpose of providing a certified copy or certified  transcript  of  birth  to  an  incarcerated individual  in  anticipation  of  such incarcerated individual's release from  custody  or  to  obtain  a  death  certificate  to  be  used   for administrative  purposes  for  an  incarcerated  individual who has died under custody or when requested by the office  of  children  and  family services  or  an  authorized  agency  for  the  purpose  of  providing a certified copy or certified transcript of birth to a youth placed in the care and custody or custody and guardianship of the  local  commissioner of  social  services or the care and custody or custody and guardianship of the office of children and family services in  anticipation  of  such youth's discharge from placement or foster care.   5.  (a)  The  United  States social security administration may obtain information from death certificates  needed  in  the  administration  of old-age and survivors insurance benefits laws, subject to the provisions of  any  contract  entered  into  pursuant  to  paragraph  (b)  of  this subdivision.  (b) In addition, the commissioner or  any  person  authorized  by  the commissioner  is  authorized  and  directed  to enter into a contract to furnish the federal secretary of health and human  services  information concerning individuals with respect to whom death certificates have been officially  filed with the commissioner. Such contract shall not include any restriction on the use of information  obtained  by  such  secretary pursuant  to  such  contract, except that such contract may provide that such information is only to be used  by  the  secretary  (or  any  other federal  agency) for purposes of ensuring that federal benefits or other payments are not erroneously paid to deceased individuals.   6. The federal agency in charge of vital statistics may obtain,  at  a fee  acceptable  to  the  commissioner, information from birth and death certificates for use solely as statistical data.   7. Except as herein otherwise provided, the commissioner is authorized to establish rules and regulations whereby  searches  may  be  made  and certifications,  certified copies and certified transcripts of birth and death  certificates  furnished  without  fees  to  federal,  state   and municipal departments for official purposes.   8.  The  commissioner,  the  commissioner of health of the city of New York, or any person authorized by the commissioner  having  jurisdiction shall  immediately  notify  the division of criminal justice services in the event that a copy of a birth certificate or  information  concerning the  birth  records  of  any  person whose record is flagged pursuant to  paragraph (i) of subdivision two of section four thousand one hundred of this article is requested. In  the  event  that  a  copy  of  the  birth certificate  of  a  person  whose  record  is so flagged is requested in person, the personnel accepting the request shall immediately notify his or  her  supervisor. The person making the request shall complete a form as prescribed by the commissioner or, in  the  city  of  New  York,  the commissioner  of health of the city of New York, which shall include the name, address and telephone numbers and social security  number  of  the person  making  the  request.  A motor vehicle operator's license, or if such  license  is  not  available,  such  other  identification  as  the commissioner,  or  in  the city of New York, the commissioner of the New York city department of health, determines to be  satisfactory,  of  the person  making  the request shall be presented, shall be photocopied and returned to him or her. The person receiving the request shall note  the physical  description  of  the  person making the request and his or her supervisor shall immediately notify the local law enforcement  authority as  to  the  request  and  the  information  obtained  pursuant  to this subsection. When a copy of the  birth  certificate  of  a  person  whose record  has  been  flagged  is requested in writing, the law enforcement authority having jurisdiction shall be notified as to  the  request  and shall  be  provided  with  a  copy of the written request. The registrar shall retain the original written response.   9. The commissioner may institute an additional fee of fifteen dollars for  priority  handling  for  each  certification,  certified  copy   or certified  transcript of certificates of birth, death, or dissolution of marriage;  or  fifteen  dollars   for   priority   handling   for   each certification,  certified copy or certified transcript of certificate of marriage.