A. It shall be unlawful for any person to commit any of the following specified acts in relation to birth, death or stillbirth certificates issued by this state:
1. Create, issue, present or possess a fictitious birth, death or stillbirth certificate;
2. Apply for a birth, death or stillbirth certificate under false pretenses;
3. Alter information contained on a birth, death or stillbirth certificate;
4. Obtain, display or represent a birth certificate of any person as one's own by any person, other than the person named on the birth certificate;
5. Obtain, display or represent a fictitious death or stillbirth certificate for the purpose of fraud;
6. Make a false statement or knowingly conceal a material fact or otherwise commit fraud in an application for a birth, death or stillbirth certificate;
7. Knowingly present a false or forged certificate for filing;
8. Knowingly provide false personal data to a certifier of a death certificate; or
9. Knowingly misrepresent any person's relationship to the decedent.
B. Except as otherwise provided in this subsection, it is a felony for any employee or person authorized to issue or create a birth, death or stillbirth certificate or related record under this title to knowingly issue such certificate or related record to a person not entitled thereto, or to knowingly create or record such certificate bearing erroneous information thereon. A certifier who knowingly omits to list a lethal agent or improperly states manner of death in violation of subsection E of Section 1-317 of this title shall be deemed to have engaged in unprofessional conduct as described in paragraph 8 of Section 509 of Title 59 of the Oklahoma Statutes.
C. Except as otherwise provided in subsection B of this section, a violation of any of the provisions of this section shall constitute a felony.
D. Notwithstanding any provision of this section, the State Commissioner of Health or a designated agent, upon the request of a chief administrator of a health or law enforcement agency, may authorize the issuance, display or possession of a birth, death or stillbirth certificate, which would otherwise be in violation of this section, for the sole purpose of education with regard to public health or safety; provided, however, any materials used for such purposes shall be marked "void".
E. The provisions of this section shall not apply to any request made to the State Department of Health pursuant to subsection E of Section 1550.41 of Title 21 of the Oklahoma Statutes.
Added by Laws 2003, c. 384, § 1, eff. Nov. 1, 2003. Amended by Laws 2011, c. 105, § 14, eff. Nov. 1, 2011; Laws 2019, c. 305, § 3, eff. Nov. 1, 2019; Laws 2020, c. 161, § 53, emerg. eff. May 21, 2020; Laws 2021, c. 104, § 2, eff. Nov. 1, 2021.
NOTE: Laws 2019, c. 184, § 2 repealed by Laws 2020, c. 161, § 54, emerg. eff. May 21, 2020.