Could a Louisiana parish treasurer obtain death certificates and emergency commitment records directly from the parish coroner?

Plain-English summary

Livingston Parish's coroner asked whether the parish treasurer could request death certificates and coroner emergency commitment records from his office. In 2005, the Attorney General said the coroner could not release either set to the treasurer on that request. The opinion treated the two categories under different laws: death certificates as vital records controlled through the state registrar, and commitment records as medical records subject to patient-request or subpoena rules.

For death certificates, the AG quoted La. R.S. 40:41's limitation on disclosure of vital-record data and described access for the person named, immediate or surviving family, and an attorney with proof of representation. It also described a court-order route for confidential certificates under a stated necessity and destruction condition. For the coroner-held medical records, it read La R.S. 40:1299.96 as allowing release to the patient after a copying fee, with a subpoena duces tecum as the additional route. It did not identify the treasurer's office itself as an exception to either rule.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could the parish treasurer simply ask the coroner for a death certificate?

The AG said no. It treated death certificates as vital records subject to the state registrar's disclosure rules under La. R.S. 40:41, not records the coroner could supply on a treasurer's request.

Could the coroner provide emergency commitment records to the treasurer?

The opinion said no on the request described. It treated those records as medical records that could be released to the patient on request after the copying fee or obtained by subpoena duces tecum.

Did the opinion identify any route to a confidential death certificate?

It described a court order where the information was necessary to resolve a case and had to be destroyed immediately after use. The opinion also discussed identity and family or attorney status for access through the state registrar.

Background and statutory framework

The opinion answered a parish coroner's two-part request about a treasurer's access to records. La. R.S. 40:41 supplied the vital-record restrictions for death certificates; the AG said the state registrar appeared to have release authority. La R.S. 40:1299.96 supplied the medical-record route the AG applied to coroner emergency commitments. The analysis did not say the treasurer could bypass either route because of the treasurer's parish office.

Citations

• La. R.S. 40:41 (vital records disclosure).
• La R.S. 40:41(B)(2) (court order for confidential death certificate information).
• La R.S. 40:1299.96 (medical record access as applied to commitment records).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0294

Original opinion text

November 7, 2005
OPINION 05-0294

La. R.S. 40:1
La R.S. 40:1299.96
Mr. Ron Coe, M. D., Coroner
Office of the Coroner
The state registrar is the custodian of all birth and death
certificates that are open to inspection. No state employee shall
Livingston Parish
disclose data contained in vital records, except as provided in La.
140 Aspen Square, Suite E R.S. 40:41. The parish coroner cannot release death certificates
Denham Springs, LA 70726
or coroner emergency commitment records to the parish
treasurer.

Dear Doctor Coe:

I am in receipt of your request for an opinion from the Attorney General’s office. In you request, you ask whether the treasurer of Livingston Parish could request copies of death certificates and coroner emergency commitments from the parish coroner.

The answer to your first inquiry is found in La. R.S. 40:41. It states that, “[a]ll certificates in the custody of the state registrar are open to inspection, subject to provisions of this chapter. No employee of the state shall disclose data contained in vital records, except as authorized by this chapter”.

The state registrar seems to be the only person with the authority to release such records; therefore the coroner would not be able to supply this information to the parish treasurer. Also, confidential death certificates can only be disclosed by order of the court when the information is necessary for the resolution of the case and the information will be immediately destroyed after it is used. La R.S. 40:41(B)(2). Furthermore, the vital records of a person will not be disclosed unless the state registrar is absolutely certain that the person requesting the records is the person listed in the record or a member of his immediate or surviving family. La R.S. 40:41(C)(1) The only other way to obtain these records is if an attorney provides proof that he represents the person asking for the records or a member of his immediate or surviving family. La R.S. 40:41(C)(2)

As for your second question, La R.S. 40:1299.96 is the controlling law. It appears according to this statute that the medical records, which are held by the coroner can only be released to the patient upon the patient’s request after he

Page 2

Opinion No. 05-0294
Dr. Ron Coe, Coroner
Office of the Coroner
Livingston Parish
Page: -2-

has paid a small copying fee. The only additional way for the records to be obtained requires a subpoena duces tecum.

We hope that this sufficiently answers you inquiry, but if we can be of further assistance, do not hesitate to contact us.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: _________
CHARLES H. BRAUD, JR.
Assistant Attorney General

CCF, Jr./CHB, Jr./vc

Page 3

SYLLABUS

OPINION NO. 05 - 0294

La. R.S. 40:1
La R.S. 40:1299.96

The state registrar is the custodian of all birth and death certificates that are open to inspection. No state employee shall disclose data contained in vital records, except as provided in La. R.S. 40:41. The parish coroner cannot release death certificates or coroner emergency commitment records to the parish treasurer.

Mr. Ron Coe, M. D., Coroner
Office of the Coroner
Livingston Parish
140 Aspen Square, Suite E
Denham Springs, LA 70726

DATE RECEIVED:

DATE RELEASED: November 7, 2005

Charles H. Braud, Jr.
Assistant Attorney General