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(US-NYC) NYC Department of Health and Mental Hygiene Promulgates Final Rule on Access To Birth and Death Records With Original Access Years of 125 for Birth and 75 for Death
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Jan Meisels Allen janmallen@att.net
11. mars 2018, 03:10:0911.03.2018
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On October 24,2017 the New York City Department of Health held a hearing on
their proposed rule to transfer birth and death records to the Department of
Records and Information Services (DORIS) < Municipal Archives>. The
Department has posted their final rule to be adopted next week which states:
"on January 31st of the year following 125 years after the date of birth,
and a death record will become public on January 31st of the year following
75 years after death." The schedule of transfer also precludes the transfer
of records to DORIS that are still subject to amendment by the individual to
whom the record pertains, the Office of Chief Medical Examiner, the courts,
or family members. Despite that 31 people testified, numerous submitted
written comments and 3,884 signatures to a petition consisting of a total of
5,028 written comments the Department's final rule has NOT changed the
proposed amendment to Article 207.
The attached notice to adopt the amendment states the meeting will be on
March 13, 2018, and while that is a week hence, the notice is written as it
was adopted on March 13, 2018. The statement certainly indicates the final
decision has been made. It is not expected that meeting will be an open
hearing. See the notice at:
http://www1.nyc.gov/assets/doh/downloads/pdf/notice/2018/noa-amend-article207.pdf
We received the information from the New York Genealogical and Biographical
Society who did the phenomenal job of coordinating the thousands of
responses mentioned above. They believe the March 13 meeting will be
Tuesday, March 13, 2018, at 10 AM at: Gotham Center, 42-09 28th Street, 3rd
Floor, Room 3-32, Long Island City. As best they can tell the meeting is
*not* an open hearing.
Only the New York State Department of Health and the National Association of
Public Health for Public Health Statistics and Information Systems (NAPHSIS)
were in support of the proposed rule. The 125 year embargo for birth
records and 75 year embargo for death records are from the 2011 Proposed
Model State Vital Statistics Act, endorsed by NAPHSIS, even though the
federal government put the proposed revision "on hold". The IAJGS Records
Access Alert has commented on in previous postings and suggested you watch
your own state legislatures and regulatory bodies in case they attempt to
adopt these provisions.
The Department says it will propose separately, as a result of the comments,
amendments to the Health Code to expand the categories of qualified
applicants who may access birth and death records before the records are
transferred to DORIS. What they have shared thus far regarding the expansion
of qualified applicants are direct descendants and other close relatives
*no* further information was included in the above-referenced notice. When
more information is available, it will be posted on the IAJGS Records Access
Alert. It may be a *long* time before we hear anything more on this
proposal.
Under current rules only the named person or their parent/guardian may
obtain a birth record from the NYC Department of Health and Mental Hygiene.
Only the following are currently permitted to obtain a death certificate:
*With* confidential medical report:
Spouse
Domestic Partner
Parent
Child
Sibling
Grandparent
Grandchild
Informant listed on the certificate
Person in control of disposition
*Without* confidential medical report
Spouse
Domestic Partner
Parent
Child
Sibling
Grandparent
Grandchild
The legal representative of the estate of the decedent
Informant listed on the certificate
Person in control of disposition
A funeral director within 12 months of the registration of death A party
with a property right who demonstrates that information beyond the fact of
death is necessary to protect or assert a right of that party
A person or government agency who otherwise establishes that the record
is necessary or required for a judicial or other proper purpose
To access the previous postings on the IAJGS Records Access Alert about the
NYC Department of Health and Mental Hygiene go to the archives of the IAJGS
Records Access Alert at:
http://lists.iajgs.org/mailman/private/records-access-alerts/.
You must be registered to access the archives. To register go to:
http://lists.iajgs.org/mailman/listinfo/records-access-alerts and follow
the instructions to enter your email address, full name and which
genealogical organization with whom you are affiliated You will receive
an email response that you have to reply to or the subscription will not be
finalized.
Jan Meisels Allen
Chairperson, IAJGS Public Records Access Monitoring Committee
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Don't miss the first IAJGS International Conference on Jewish Genealogy
to be held in Eastern Europe and our 38th overall! The Warsaw, Poland
Hilton Hotel & Conference Center will be the base for lectures, panels,
networking, and historic excursions and a unique Resource Village!
Mark your calendar for 5-10 August 2018 and visit iajgs2018.org for details.
Early registration is now open through 28 April 2018.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Watch JewishGen's video -- click here:
http://www.youtube.com/watch?v=nASSn4rDXh4
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Planning to use Ancestry.com? Start by using the "Ancestry Search Box"
on the JewishGen homepage.
By doing this, any eventual subscription to Ancestry.com will result in
Jewishgen receiving a commission.
It's an easy way to help JewishGen!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Support JewishGen with a contribution to the JewishGen General Fund!
http://www.jewishgen.org/jewishgen-erosity/
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Sign up for the JGFFAlert!
http://www.jewishgen.org/jgff/jgff-faq.html#q3.7
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Join our mailing list at http://lyris.jewishgen.org/ListManager if you
would like the convenience of receiving all soc.genealogy.jewish posts in
your mailbox, instead of having to search for them in the newsgroup, whose
content may not be consistently carried in its entirety by all providers.
On October 24,2017 the New York City Department of Health held a hearing on
their proposed rule to transfer birth and death records to the Department of
Records and Information Services (DORIS) < Municipal Archives>. The
Department has posted their final rule to be adopted next week which states:
"on January 31st of the year following 125 years after the date of birth,
and a death record will become public on January 31st of the year following
75 years after death." The schedule of transfer also precludes the transfer
of records to DORIS that are still subject to amendment by the individual to
whom the record pertains, the Office of Chief Medical Examiner, the courts,
or family members. Despite that 31 people testified, numerous submitted
written comments and 3,884 signatures to a petition consisting of a total of
5,028 written comments the Department's final rule has NOT changed the
proposed amendment to Article 207.
The attached notice to adopt the amendment states the meeting will be on
March 13, 2018, and while that is a week hence, the notice is written as it
was adopted on March 13, 2018. The statement certainly indicates the final
decision has been made. It is not expected that meeting will be an open
hearing. See the notice at:
http://www1.nyc.gov/assets/doh/downloads/pdf/notice/2018/noa-amend-article207.pdf
We received the information from the New York Genealogical and Biographical
Society who did the phenomenal job of coordinating the thousands of
responses mentioned above. They believe the March 13 meeting will be
Tuesday, March 13, 2018, at 10 AM at: Gotham Center, 42-09 28th Street, 3rd
Floor, Room 3-32, Long Island City. As best they can tell the meeting is
*not* an open hearing.
Only the New York State Department of Health and the National Association of
Public Health for Public Health Statistics and Information Systems (NAPHSIS)
were in support of the proposed rule. The 125 year embargo for birth
records and 75 year embargo for death records are from the 2011 Proposed
Model State Vital Statistics Act, endorsed by NAPHSIS, even though the
federal government put the proposed revision "on hold". The IAJGS Records
Access Alert has commented on in previous postings and suggested you watch
your own state legislatures and regulatory bodies in case they attempt to
adopt these provisions.
The Department says it will propose separately, as a result of the comments,
amendments to the Health Code to expand the categories of qualified
applicants who may access birth and death records before the records are
transferred to DORIS. What they have shared thus far regarding the expansion
of qualified applicants are direct descendants and other close relatives
*no* further information was included in the above-referenced notice. When
more information is available, it will be posted on the IAJGS Records Access
Alert. It may be a *long* time before we hear anything more on this
proposal.
Under current rules only the named person or their parent/guardian may
obtain a birth record from the NYC Department of Health and Mental Hygiene.
Only the following are currently permitted to obtain a death certificate:
*With* confidential medical report:
Spouse
Domestic Partner
Parent
Child
Sibling
Grandparent
Grandchild
Informant listed on the certificate
Person in control of disposition
*Without* confidential medical report
Spouse
Domestic Partner
Parent
Child
Sibling
Grandparent
Grandchild
The legal representative of the estate of the decedent
Informant listed on the certificate
Person in control of disposition
A funeral director within 12 months of the registration of death A party
with a property right who demonstrates that information beyond the fact of
death is necessary to protect or assert a right of that party
A person or government agency who otherwise establishes that the record
is necessary or required for a judicial or other proper purpose
To access the previous postings on the IAJGS Records Access Alert about the
NYC Department of Health and Mental Hygiene go to the archives of the IAJGS
Records Access Alert at:
http://lists.iajgs.org/mailman/private/records-access-alerts/.
You must be registered to access the archives. To register go to:
http://lists.iajgs.org/mailman/listinfo/records-access-alerts and follow
the instructions to enter your email address, full name and which
genealogical organization with whom you are affiliated You will receive
an email response that you have to reply to or the subscription will not be
finalized.
Jan Meisels Allen
Chairperson, IAJGS Public Records Access Monitoring Committee
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Don't miss the first IAJGS International Conference on Jewish Genealogy
to be held in Eastern Europe and our 38th overall! The Warsaw, Poland
Hilton Hotel & Conference Center will be the base for lectures, panels,
networking, and historic excursions and a unique Resource Village!
Mark your calendar for 5-10 August 2018 and visit iajgs2018.org for details.
Early registration is now open through 28 April 2018.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Watch JewishGen's video -- click here:
http://www.youtube.com/watch?v=nASSn4rDXh4
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Planning to use Ancestry.com? Start by using the "Ancestry Search Box"
on the JewishGen homepage.
By doing this, any eventual subscription to Ancestry.com will result in
Jewishgen receiving a commission.
It's an easy way to help JewishGen!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Support JewishGen with a contribution to the JewishGen General Fund!
http://www.jewishgen.org/jewishgen-erosity/
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Sign up for the JGFFAlert!
http://www.jewishgen.org/jgff/jgff-faq.html#q3.7
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Join our mailing list at http://lyris.jewishgen.org/ListManager if you
would like the convenience of receiving all soc.genealogy.jewish posts in
your mailbox, instead of having to search for them in the newsgroup, whose
content may not be consistently carried in its entirety by all providers.
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