69.18(4)(a)5.
5. A guardian of the person of the decedent at the time of the decedent's death.
69.18(4)(a)6.
6. Any other person authorized or under obligation to dispose of the decedent's corpse.
69.18(4)(bm)
(bm) A cemetery authority may disinter and reinter buried human remains as provided under
s. 157.112 without first obtaining an authorization under
par. (a).
69.18 Cross-reference
Cross Reference: See also chs.
HFS 135 and
136, Wis. adm. code.
69.18 Annotation
Sub. (2) (f) does not require a death certificate to state the basis of a patient's treatment or the type of treatment. Neuman v. Circuit Court for Marathon County,
231 Wis. 2d 440,
605 N.W.2d 280 (Ct. App. 1999).
69.186
69.186
Induced abortion reporting. 69.186(1)
(1) On or before January 15 annually, each hospital, clinic or other facility in which an induced abortion is performed shall file with the department a report for each induced abortion performed in the hospital, clinic or other facility in the previous calendar year. Each report shall contain all of the following information with respect to each patient obtaining an induced abortion in the hospital, clinic or other facility:
69.186(1)(a)
(a) The state and, if this state, the county, of residence.
69.186(1)(f)
(f) Month and year in which the induced abortion was performed.
69.186(1)(h)
(h) The number of weeks since the patient's last menstrual period.
69.186(1)(hm)
(hm) Whether the abortion was a chemically induced abortion, a surgical abortion or a surgical abortion following a failed or incomplete chemical abortion.
69.186(1)(i)
(i) Complications, if any, resulting from performance of the induced abortion.
69.186(2)
(2) The department shall collect the information under
sub. (1) in a manner which the department shall specify and which ensures the anonymity of a patient who receives an induced abortion, a health care provider who provides an induced abortion and a hospital, clinic or other facility in which an induced abortion is performed. The department shall publish annual demographic summaries of the information obtained under this section, except that the department may not disclose any information obtained under this section that reveals the identity of any patient, health care provider or hospital, clinic or other facility and shall ensure anonymity in all of the following ways:
69.186(2)(a)
(a) The department may use information concerning the patient number under
sub. (1) (b) or concerning the identity of a specific reporting hospital, clinic or other facility for purposes of information collection only and may not reproduce or extrapolate this information for any purpose.
69.186(2)(b)
(b) The department shall immediately destroy all reports submitted under
sub. (1) after information is extrapolated from the reports for use in publishing the annual demographic summary under this subsection.
69.19
69.19
Court-ordered certificates of death. If a person has died in this state and final disposition of the person's corpse has been effected but no certificate of death is on file one year after a death, a person with a direct and tangible interest in having a certificate of death registered may petition the circuit court of the county in which the death is alleged to have occurred. If the court finds that the petitioner has established the facts of the death required on the certificate of death, the clerk of the court shall report the court's determination to the state registrar on a form prescribed by the state registrar, along with the fee required under
s. 69.22. Upon receipt of the report, the state registrar shall register the death certificate and send a copy to the local registrar under
s. 69.03 (11). The local registrar shall file the copy.
69.19 History
History: 1985 a. 315.
69.20
69.20
Disclosure of information from vital records. 69.20(1)(1) A person with a direct and tangible interest in a vital record is any of the following:
69.20(1)(b)
(b) A member of the registrant's immediate family.
69.20(1)(c)
(c) The parent of a registrant, unless the parent is a birth parent whose parental rights to the registrant have been terminated under
ch. 48.
69.20(1)(d)
(d) The registrant's legal custodians or guardians.
69.20(1)(e)
(e) A representative authorized by any person under
pars. (a) to
(d), including an attorney.
69.20(1)(f)
(f) Any other person who demonstrates a direct and tangible interest when information is necessary for the determination or protection of a personal or property right.
69.20(2)(a)(a) Except as provided under
sub. (3), information in the part of a certificate of birth or divorce or annulment or a marriage document that is designated on the form as being collected for statistical or medical and statistical use only and information in the part of a death certificate that is designated on the form as being collected as statistical-use-only information under
s. 69.18 (1m) (c) may not be disclosed to any person except the following:
69.20(2)(a)1.
1. The subject of the information, or, if the subject is a minor, his or her parent or guardian.
69.20(2)(a)2.
2. For a certificate of death, any of the persons specified under
s. 69.18 (4) (a) 1. to
6. or an individual who is authorized in writing by one of the persons.
69.20(2)(b)
(b) Except as provided under
sub. (3), the state registrar and local registrars may not permit inspection of or disclose information contained in any record of a birth which occurred after September 30, 1907 if the mother of the subject of the record was not married at any time from the conception to the birth of the subject of the record, unless the inspection is by or the information is disclosed to a person who has a direct and tangible interest in such record.
69.20(2)(c)
(c) Except as provided under
sub. (3), until 50 years after a decedent's date of death, the state registrar and a local registrar may not permit inspection of or disclose information contained in the portion under
s. 69.18 (1m) (b) 2. and
3. of the certificate of death to anyone except to a person specified under
sub. (1), or to a direct descendent of the decedent.
69.20(3)(a)(a) The state registrar or a local registrar may effect a disclosure of information prohibited under
sub. (2) if a court of competent jurisdiction orders the disclosure and specifies the vital record which is to be disclosed.
69.20(3)(b)
(b) The state registrar may effect disclosure of information prohibited under
sub. (2) if the person to whom the information will be disclosed has signed and given to the state registrar a written agreement specifying the conditions under which the information will be used, as designated by the state registrar and if:
69.20(3)(b)1.
1. The information will be used for health or demographic research or for a public health program.
69.20(3)(b)2.
2. The information will be used by the federal agency responsible for compilation of national statistics and if the federal agency shares the cost of collecting, processing and transmitting the data. The federal agency may not use the information for any purpose except compilation of national statistics unless the federal agency specifies the other purpose to the state registrar and the state registrar gives written authorization for such use.
69.20(3)(b)3.
3. The information is from the vital record of a registrant who is a resident of another state or who was born in another state and is transmitted to the office responsible for keeping the vital statistics in such state under an interstate cooperation agreement which requires that the information be used for statistical and administrative purposes only and which provides for the retention and disposition of such copies. If under such an agreement the state registrar receives information from an office responsible for keeping the vital statistics in another state, the state registrar may not use the information for any purpose except the compilation of statistics.
69.20(3)(b)4.
4. The information is from a birth certificate which indicates that the registrant has a congenital disability and is submitted to the department of public instruction.
69.20(3)(b)5.
5. The information is submitted to a public school system in this state for the purpose of compiling demographic statistics related to planning.
69.20(3)(c)
(c) Notwithstanding
sub. (2), a local registrar may disclose information on a birth certificate or issue a copy of the certificate to a local health department, as defined in
s. 250.01 (4), for health or demographic research or a public health program if the local health department pays the copying costs and if the birth of the registrant occurred within the boundaries of the political subdivision served by the local health department or the registrant is a resident of the political subdivision. The local health department may not disclose any information from any copy which it receives under this paragraph to any person and shall destroy the copy no later than one year after receipt.
69.20(3)(d)
(d) Subject to
par. (f), the state or a local registrar may disclose information from the vital record of a specified registrant, except information under
sub. (2) (a), to a federal agency, to any agency of the government of this state or to any agency of a county, city, town or village if the agency requests the information for use in the conduct of its official duties.
69.20(3)(e)
(e) Public use indexes of certificates of birth, death, or divorce or annulment, or marriage documents that are filed in the system of vital statistics at the state or local level are accessible only by inspection at the office of the state registrar or of a local registrar and may not be copied or reproduced except as follows:
69.20(3)(e)1.a.a. Certificate of birth index information may be copied or reproduced for the public only after 100 years have elapsed from the year in which the birth occurred. No information in the index that has been impounded under
s. 69.15 may be released.
69.20(3)(e)1.b.
b. Subdivision 1. a. does not apply to certificate of birth indexes of events that occurred before October 1, 1907.
69.20(3)(e)2.
2. Indexes of certificates of death or divorce or annulment may be copied or reproduced for the public after 24 months have elapsed from the year in which the event occurred.
69.20(3)(e)3.
3. Beginning January 1, 2003, any information that is obtained from an index under
subd. 1. or
2. and that is released shall contain the following statement: "This information is not a legal vital record index. Inclusion of any information does not constitute legal verification of the fact of the event."
69.20(3)(f)
(f) The state or a local registrar may disclose a social security number on a vital record to the department of workforce development or a county child support agency under
s. 59.53 (5) in response to a request under
s. 49.22 (2m).
69.20(4)
(4) Under procedures that are promulgated by rule, the state registrar and every local registrar shall protect vital records from mutilation, alteration, theft, or fraudulent use and shall protect the privacy rights of registrants and their families by strictly controlling direct access to any vital record filed or registered in paper form.
69.20 Cross-reference
Cross Reference: See also ch.
HFS 142, Wis. adm. code.
69.21
69.21
Copies of vital records. 69.21(1)(a)1.1. Except as provided under
subd. 2., the state registrar and any local registrar shall issue a certified copy of a vital record to any person if the person submits a request for a certified copy of a vital record of a specified registrant in writing to the registrar responsible for filing or registering the vital record and if the request is accompanied by the fee required under
s. 69.22.
69.21(1)(a)2.
2. The state registrar and any local registrar may not issue any certified copy under
subd. 1. of:
69.21(1)(a)2.a.
a. A vital record, if the event which is the subject of the vital record occurred after September 30, 1907, unless the requester is a person with a direct and tangible interest in the record or unless the registrar has received a court order directing issuance of the vital record.
69.21(1)(a)2.b.
b. Any information of the part of a certificate of birth, death, or divorce or annulment or a marriage document, the disclosure of which is limited under
s. 69.20 (2) (a) and
(c), unless the requester is the subject of the information or, for a decedent, unless the requester is specified in
s. 69.20 (2) (a) 2.
69.21(1)(a)2.c.
c. The birth certificate of a person if no surname has been entered on the birth certificate for the person under
s. 69.14 (1) (f).
69.21(1)(b)1.1. Any copy of a vital record certified under
par. (a) shall be on a form provided or approved by the state registrar and shall include the date of issuance, the name of the issuing officer, the issuing officer's signature or an authorized facsimile of his or her signature and the seal of the issuing officer. The certification shall be applied to the copy in a way that prevents its removal from the copy.
69.21(1)(b)2.
2. Any copy of a birth certificate issued under
par. (a) shall be in a long or short form, as specified by the person submitting the request under
par. (a). The long form shall include the name, sex, date and place of birth and parent's surnames of the registrant, the file date and the file number. The short form may not include any information about the parents of the registrant. The state registrar shall issue the short form for any registrant born of unmarried parents if the registrant's certificate was not prepared under
s. 69.15 (3) (b), unless the person requesting the copy requests the long form.
69.21(1)(b)3.
3. A local registrar may issue a copy of a birth or death certificate under
par. (a) through the state registrar's computer database if the event that is the subject of the birth or death occurred in the local registrar's registration district or if the registrant resided in the local registrar's registration district when the event occurred.
69.21(1)(b)4.
4. A copy of a death certificate issued under
par. (a) for a death that occurred before January 1, 2003, shall include the name, sex, date and place of death, age or birth date, cause and manner of death, and social security number, if any, of the decedent, and the file number and the file date of the certificate, except that a requester may, upon request, obtain a copy that does not include the cause of death.
69.21(1)(b)5.
5. A copy of a death certificate issued under
par. (a) for a death that occurs after December 31, 2002, shall be on a form that contains only fact-of-death information specified in
s. 69.18 (1m) (a), except that a requester may, upon request, obtain a form that contains extended fact-of-death information specified in
s. 69.18 (1m) (b).
69.21(1)(c)
(c) Any certified copy of a vital record or part of a vital record issued under this subsection shall be deemed the same as the original vital record and shall be prima facie evidence of any fact stated in the vital record, except that the evidentiary value of a vital record filed more than one year after the event which is the subject of the vital record occurred or of a vital record which has been amended shall be determined by the judicial or administrative agency or official before whom the vital record is offered as evidence.
69.21(2)(a)(a) The state registrar or local registrar shall issue an uncertified copy of the vital record of one or more registrants if the subject of the vital record is an event occurring after September 30, 1907. The requirements of
ss. 69.15 (6) (b) and
69.20 (3) (b) for disclosing information under
s. 69.20 (2) shall apply to issuance under this paragraph of any copy of a vital record containing such information.
69.21(2)(b)
(b) The state registrar and any local registrar shall issue an uncertified copy of the vital record of one or more registrants, whether specified or not, to any person if the subject of the vital record is an event occurring before October 1, 1907, and if the person submits a request for the copy in writing to the registrar responsible for filing or registering the vital record and if the request is accompanied by the fee required under
s. 69.22 (1) (b).
69.21(2)(c)
(c) Any uncertified copy issued under
par. (a) or
(b) shall have on its face a notice that it is uncertified.
69.21(2)(d)1.1. An uncertified photocopy of a vital record for an event occurring before October 1, 1907, other than a vital record held by the state registrar and any local registrar, is subject to this paragraph and may not be made available to the public in electronic format, but is not otherwise subject to the limitations of this section or the requirements of
s. 69.22.
69.21(2)(d)2.
2. An uncertified photocopy of a vital record described in
subd. 1. shall have on its face the following text: "UNCERTIFIED COPY. Not valid for identification purposes. It is illegal to make this document available to the public in electronic format.".
69.21(2)(d)3.
3. The holder of the vital record from which uncertified photocopies may be made and issued under this paragraph may establish fees for the photocopies.
69.21(3)
(3) Amendments. Any copy of a vital record issued under this section shall show all amendments or changes made on the record since it was filed, the date and authority of the amendment or change unless a certificate was issued for the registrant under
s. 69.14 (1) (h) or
69.15 (2),
(3) or
(4) (b).
69.21(4)(a)(a) Except as provided under
par. (b), if the state registrar or a local registrar determines that a vital record was registered through misrepresentation or fraud, he or she may not issue any copy of the vital record prior to a determination by a court of the actual facts of the event which is the subject of the record.
69.21(4)(b)
(b) A person with a direct and tangible interest in a vital record withheld by the state registrar under
par. (a) may petition the circuit court of the county in which the event which is the subject of the vital record is shown on the original record to have occurred. The petition shall be accompanied by a certified copy of the original vital record. In issuing the certified copy, the state registrar shall mark the copy to indicate that the copy is for use by the court in making its determination under this paragraph. If the court finds that the petitioner has proven that the information on the vital record is valid, the clerk of court shall report the court's determination to the state registrar on a form prescribed by the state registrar, who shall issue the certified copy.
69.21 Cross-reference
Cross Reference: See s.
889.18 for evidence of official records and s.
891.09 for evidence of vital statistics.
69.21 Annotation
A local registrar has no power to adopt procedures that are more stringent than those directed by the state registrar for issuing certified copies of a vital record under s. 69.21 (1).
80 Atty. Gen. 35.
