Rule-Making Activities

In 2019, the Washington State Legislature passed Engrossed Substitute Senate Bill 5332 (Chapter 148, Laws of 2019), which replaced existing chapter 70.58 RCW governing vital records and vital records data. These changes go into effect on January 1, 2021. The Department of Health (Department) is considering adopting rules necessary to carry out the responsibilities of the law.

Vital Records – Certificates Rulemaking

On June 5, 2020, the Department filed WSR 20-13-017 adopting new sections to chapter 246-491 WAC, Certificates, and amending sections to both chapter 246-490 WAC, Vital Statistics, and chapter 246-491 WAC. The adopted rules:

Prescribe the information displayed on certifications and informational copies of birth and death records;

Establish procedural requirements for individuals requesting certifications and informational copies from the Department and local health jurisdictions;

Add a non-binary sex designation option on a certification of death;

Create new fees associated with the issuance of certifications and informational copies;

Make technical updates; and

Repeal obsolete sections of rule

The adopted rules are not different from the text of the proposed rule as it was published in the Washington State Register 20-08-126. The Department received no comments on the proposed rules and one person attended the virtual public hearing, therefore no changes were made to the proposed rules.

Activity Planned Completion Date Actual Completion Date File CR-101, Preproposal Statement of Inquiry 7/3/19 6/26/19 Notify interested parties of rule making 7/5/19 7/1/19 Gather informal comments on draft rule 10/25/19 12/13/19 Assess informal comments, revise draft rule if necessary, and prepare analyses 11/8/19 2/13/2020 File CR 102, Proposed Rule Making 12/4/19 4/1/20 Notify interested parties of opportunity to comment on proposed rule 12/4/19 4/8/20 Public Hearing On or after 1/7/20 5/7/20 Assess formal comments and revise rule if necessary 1/31/20 5/8/20 File CR 103 3/3/20 6/5/2020 Respond to formal comments and notify stakeholders of effective date of adopted rule 3/3/20 6/8/2020 Rule Effective 1/1/21 1/1/2021

Vital Records – Data Release Rulemaking

On March 6, 2020, the Department filed WSR 20-07-021, a Preproposal Statement of Inquiry to consider adopting new rules for vital records data release. The rule may create a new chapter of rule to: prescribe the direct and indirect identifiers for birth and fetal death records; establish a formalized procedure for requesting vital records data; and establish fees for data files, analysis, and data requests.

Activity Planned Completion Date Actual Completion Date File CR-101, Preproposal Statement of Inquiry 3/30/2020 3/6/2020 Notify interested parties of rule making 3/30/2020 3/10/2020 Gather informal comments on draft rule 6/1/2020 Assess informal comments, revise draft rule if necessary, and prepare analyses 6/30/2020 File CR 102, Proposed Rule Making 8/31/2020 Notify interested parties of opportunity to comment on proposed rule 8/31/2020 Public Hearing 10/30/2020 Assess formal comments and revise rule if necessary 11/6/2020 File CR 103 12/1/2020 Respond to formal comments and notify stakeholders of effective date of adopted rule 12/1/2020 Rule Effective 1/1/2021

To receive rule making notices by email and for any questions about these rule making activities, contact VitalRecordsRules@doh.wa.gov.