# Title 33 — State Department of Health

## Article 33-04 — Health Statistics

## Chapter 33-04-13.1 — Disclosure of Records

### § 33-04-13.1-01. Definitions.

1. "Guardian" means a person who has been appointed as legal guardian through some judicial
process.
2. "Relative" means a person's current or surviving spouse, a parent or legal guardian, a child, a
grandparent, or a grandchild. The state registrar may require proof of the relationship.
History: Effective April 1, 1994; amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-27
### § 33-04-13.1-02. General provisions.

1. In order to protect vital records from loss, mutilation, or destruction and to prevent improper
disclosure of confidential information, a person may not be allowed direct physical access to
the original vital records in the custody and care of the state registrars. Every person wishing
to review records or desiring information contained in such records must make a request for a
certified copy to the state registrar.
2. Nothing in this section may be construed to permit disclosure of information contained in the
"confidential information for medical and health use only" section of vital records unless
specifically authorized by the state registrar for statistical research or if authorized by a court
of competent jurisdiction.
3. The state registrar may furnish data from vital records for statistical research purposes,
subject to such conditions as the state registrar may impose. Data may not be furnished from
records under this subsection until the state registrar has prepared in writing the conditions
under which the data will be used and received a data use agreement signed by a responsible
agent of the research organization agreeing to meet with and conform to such conditions.
History: Effective April 1, 1994; amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-27
### § 33-04-13.1-03. Proof of identity.

Whenever it is deemed necessary to establish an applicant's right to confidential information from
vital records, the state registrar may require written application, identification of the applicant, or a
sworn notarized statement. The state registrar may furnish information, at the written request of the
applicant entitled to such information, to any person or agency designated by the applicant.
History: Effective April 1, 1994; amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-27
