Or. Admin. R. 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.
Notes
Stat. Auth: ORS 432.235
Stats. Implemented: ORS 432.235
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