WSR 12-21-117

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed October 23, 2012, 4:19 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-11-116.

Title of Rule and Other Identifying Information: WAC 246-491-149, amending the rule to gender-neutralize terms for spouses on the marriage and divorce certificates, and clarifying names and adding sex as an item on the marriage certificate.

Hearing Location(s): Department of Health, Point Plaza East, Rooms 152-153, 310 Israel Road S.E., Tumwater, WA 98501, on November 28, 2012, at 8:00 a.m.

Date of Intended Adoption: December 6, 2012.

Submit Written Comments to: Jean Remsbecker, P.O. Box 47814, Olympia, WA 98501-7814, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 753-4135, by November 28, 2012.

Assistance for Persons with Disabilities: Contact Susie Elwanger by November 14, 2012, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 3, Laws of 2012 (ESSB 6239) was signed into law allowing same-sex couples to marry in Washington. The same-sex marriage law has been referred to voters as Referendum 74. The department of health is proposing a rule change so revised marriage and divorce certificate forms can be ready for use if the referendum is approved and law goes into effect on December 6, 2012. If the referendum is not approved, this CR-102 will be withdrawn and the rule changes will not be adopted. The department collects records of all marriages and divorces that occur in Washington and issues copies of certificates. Current marriage and divorce certificates use gender-specific terms. The proposed rule changes the terms to gender-neutral. The proposed rule also adds sex of the people marrying as an item collected on the marriage certificate.

Reasons Supporting Proposal: If Referendum 74 is approved and the law goes into effect, same-sex couples who marry may expect their marriage and divorce certificates to use gender-neutral language. The public may also have an interest in knowing how many same-sex marriages occur.

Statutory Authority for Adoption: RCW 43.70.150 Registration of vital statistics.

Statute Being Implemented: RCW 70.58.055 Certificate generally.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Jean Remsbecker, 101 Israel Road S.E., Tumwater, WA 98501, (360) 236-4330; and Enforcement: Christie Spice, 101 Israel Road S.E., Tumwater, WA 98501, (360) 236-4307.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.

A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328 (5)(a). RCW 34.05.328 (5)(a) exempts rules that, by definition, are not significant rules.

October 23, 2012

Mary C. Selecky

Secretary

OTS-5081.1


AMENDATORY SECTION(Amending WSR 09-11-111, filed 5/19/09, effective 6/19/09)

WAC 246-491-149   Information collected on the legal or public section of certificates; modifications to the United States standard certificates and report forms.   (1) Effective January 1, 2003, the department shall use the 2003 revisions of the United States standard forms for live birth and fetal death.

(2) Effective January 1, 2004, the department shall use the 2003 standard form for death.

(3) Effective January 1, 1992, the department shall use the 1988 revisions of the United States standard forms for marriage and certificate of divorce, dissolution of marriage or annulment.

(4) These forms are developed by the United States Department of Health and Human Services, National Center for Health Statistics. Copies of these forms may be obtained by contacting the department's center for vital statistics.

(5) With the exception of the confidential section, the department may modify any part of these forms.

(a) Table 3 identifies the modifications to the United States standard form for live birth.

(b) Table 4 identifies the modifications to the United States standard form for fetal death.

(c) Table 5 identifies the modifications to the United States standard form for death.

(d) Table 6 identifies modifications to the United States standard form for marriage.

(e) Table 7 identifies modifications to the United States standard form for certificate of divorce, dissolution of marriage, or annulment.

(6) Table 8 lists items to be collected on the certificate of dissolution of Washington state domestic partnership. This is a Washington state form not addressed in the United States standard forms.


U.S. STANDARD CERTIFICATE OF LIVE BIRTH
Table 3:

Legal or Public Birth Certificate Items

Item Number Item Name Difference from U.S. Standard, if any
1 Child's name
2 Child's date of birth
3 Time of birth
4 Type of birthplace Add "En route," Add "Planned birthplace if different"
5 Child's sex
6 Name of facility
7 City, town or location of birth
8 County of birth
9 Mother's name before first marriage
10 Mother's date of birth
11 Mother's birthplace
12 Mother's Social Security number
13 Mother's current legal last name
14 Social Security number requested for child?
16a Mother's residence - Number, street, and Apt. No.
16b Mother's residence - City or town
16c Mother's residence - County
16d Tribal reservation name (if applicable) Added
16e Mother's residence - State or foreign country
16f Mother's residence - Zip code + 4
16g Mother's residence - Inside city limits?
17 Telephone number Added
18 How long at current residence? Added
19 Mother's mailing address, if different
25 Father's current legal name
26 Father's date of birth
27 Father's birthplace
28 Father's Social Security number
66 Certifier name and title Delete check boxes
67 Date certified
68 Attendant name and title Delete check boxes
69 NPI of person delivering the baby
-- Date filed by registrar Deleted

U.S. STANDARD REPORT OF FETAL DEATH
Table 4:

Legal or Public Fetal Death Certificate Items

Item Number Item Name Difference from U.S. Standard, if any
1 Name of fetus
2 Sex
3 Date of delivery
4 Time of delivery
5 Type of birthplace Add "En route," Add "Planned birthplace if different"
6 Name of facility
7 Facility ID (NPI)
8 City, town or location of birth
9 Zip code of delivery
10 County of birth
11 Mother's name before first marriage
12 Mother's date of birth
13 Mother's current legal last name
14 Mother's birthplace
15a Mother's residence - Number, street, and Apt. No.
15b Mother's residence - City or town
15c Mother's residence - County
15d Tribal reservation name (if applicable) Added
15e Mother's residence - State or foreign country
15f Mother's residence - Zip code + 4
15g Mother's residence - Inside city limits?
16 How long at current residence? Added
17 Father's current legal name
18 Father's date of birth
19 Father's birthplace
20 Name and title of person completing the report
21 Date report completed
22 Attendant name and title Delete check boxes
23 NPI of person delivering the baby
24 Method of disposition
25 Date of disposition
26 Place of disposition Added
27 Location of disposition - City/town and state Added
28 Name and complete address of funeral facility Added
29 Funeral director signature Added
30 Initiating cause/condition (cause of death)
31 Other significant causes or conditions
32 Estimated time of fetal death
33 Was an autopsy performed?
34 Was a histological placental examination performed?
35 Were autopsy or histological placental examination results used in determining the cause of death?
36 Registrar signature Added
37 Date received

U.S. STANDARD CERTIFICATE OF DEATH
Table 5:

Death Certificate Items

Item Number Item Name Difference from U.S. Standard, if any
1 Legal name (include a.k.a.'s if any)
2 Death date
3 Sex
4a Age - Years
4b Age - Under 1 year
4c Age - Under 1 day
5 Social Security number
6 County of death
7 Birth date
8a Birth place - City, town or county
8b Birth place - State or foreign country
9 Decedent's education Add "Specify": next to box for "8th Grade or less"
10 Decedent's Hispanic origin
11 Decedent's race
12 Was decedent ever in U.S. Armed Forces?
13a Residence - Number and street
13b Residence - City or town
13c Residence - County
13d Tribal reservation name (if applicable) Added
13e Residence - State or foreign country
13f Residence - Zip code
13g Inside city limits?
14 Estimated length of time at residence Added
15 Marital status at time of death
16 Surviving spouse's name
17 Occupation
18 Kind of business/industry
19 Father's name
20 Mother's name before first marriage
21 Informant - Name
22 Informant - Relationship to decedent
23 Informant - Address
24 Place of death
25 Facility name (if not a facility, give number and street)
26a City, town, or location of death
26b State of death
27 Zip code of death
28 Method of disposition
29 Place of disposition (name of cemetery, crematory, other place)
30 Disposition - City/town, and state
31 Name and complete address of funeral facility
32 Date of disposition Added
33 Funeral director signature
34 Causes of death and intervals between onset and death
35 Other significant conditions contributing to death
36 Autopsy?
37 Were autopsy findings available to complete the cause of death?
38 Manner of death
39 Pregnancy status
40 Did tobacco use contribute to death?
41 Date of injury
42 Hour of injury
43 Place of injury
44 Injury at work?
45 Injury location - Street, city, county, state, zip County Added
46 Describe how injury occurred
47 Transport injury type
48a Certifying physician signature
48b Medical examiner/coroner signature
49 Name and address of certifier
50 Hour of death
51 Name and title of attending physician if other than certifier Added
52 Date certified
53 Title of certifier
54 License number of certifier
55 ME/coroner file number Added
56 Was case referred to medical examiner?
57 County registrar signature Added
58 County date received Added
59 Record amendment Added
-- License number of funeral director Deleted
-- Date pronounced dead Deleted
-- Time pronounced dead Deleted
-- Signature of person pronouncing death Deleted
-- License number of person pronouncing death Deleted
-- Date person pronouncing death signed Deleted

U.S. STANDARD LICENSE AND CERTIFICATE OF MARRIAGE
Table 6:

Certificate of Marriage

Item Number Item Name Difference from U.S. Standard, if any
((-- Certificate name Changed name of form to "Certificate of Marriage”
-- County of license
-- Date valid
-- Not valid after (date)
1 Date of marriage
2 County of ceremony
3 Type of ceremony Added
4 Date signed (by officiant) Added
5 Officiant's name
6 Officiant's signature
7 Officiant's address
8 Groom's name
9 Groom's address (street)
10 Groom's date of birth
11 Groom's place of birth (state or country)
12 Groom's address (city)
13 Groom's address (inside city limits) Added
14 Groom's address (county)
15 Groom's address (state)
16 Groom's father - Name
17 Groom's father - Place of birth
18 Groom's mother - Maiden name
19 Groom's mother - Place of birth
20 Groom's signature
21 Date signed (by groom)
22 Bride's name
23 Bride's maiden last name
24 Bride's residence - (Street)
25 Bride's date of birth
26 Bride's place of birth (state or country)
27 Bride's residence (city)
28 Bride's residence (inside city limits) Added
29 Bride's residence (county)
30 Bride's residence (state)
31 Bride's father - Name
32 Bride's father - Place of birth
33 Bride's mother - Maiden name
34 Bride's mother - Place of birth
35 Bride's signature
36 Date signed (by bride)
37 Witness #1 signature
38 Witness #2 signature
39 County auditor signature
40 Date received (by county auditor)
Reverse side Groom's Social Security number
Reverse side Bride's Social Security number
Groom's age last birthday Deleted
Bride's age last birthday Deleted
License to marry section Deleted
Expiration date of license Deleted
Title of issuing official Deleted
Confidential information Deleted))
Certificate name Modified
1 County of license Added
2 Date valid
3 Not valid after (date)
4 County auditor signature
5 Date received (by county auditor)
6a Spouse A - Sex Added
6b Legal name before marriage Modified
6c Birth name, if different Added
6d Last name after marriage Added
6e Current residence (street, city/town)
6f County of residence
6g State of residence
6h Date of birth
6i Place of birth (state or country)
6j Mother/parent birth name Modified
6k Father/parent birth name Modified
6l Mother/parent place of birth Modified
6m Father/parent place of birth Modified
7a Spouse B - Sex Added
7b Legal name before marriage
7c Birth name, if different Modified
7d Last name after marriage Added
7e Current residence (street, city/town)
7f County of residence
7g State of residence
7h Date of birth
7i Place of birth (state or country)
7j Mother/parent birth name Modified
7k Father/parent birth name Modified
7l Mother/parent place of birth Modified
7m Father/parent place of birth Modified
8 Date of marriage
9 County of ceremony
10 Type of ceremony Added
11 Date signed (by officiant) Added
12 Officiant's address
13 Officiant's daytime phone Added
14 Officiant's name
15 Officiant's signature
16 Witness signature
17 Witness signature
18 Spouse A signature Modified
19 Date signed (by spouse A) Added
20 Spouse B signature Modified
21

Date signed (by spouse B) Added
22 Spouse A Social Security number Added
23 Spouse B Social Security number Added
(Groom's) age last birthday Deleted
(Bride's) age last birthday Deleted
Signature of (license) issuing official Deleted
Title of (license) issuing official Deleted
Where married City, town or location Deleted
Title (of officiant) Deleted
Confidential information Deleted
U.S. STANDARD CERTIFICATE OF DIVORCE, DISSOLUTION OF MARRIAGE, OR ANNULMENT
TABLE 7:

Certification of Dissolution, Declaration of Invalidity of Marriage, or Legal Separation

Item Number Item Name Difference from U.S. Standard, if any
((Certificate name Changed form name to certificate of dissolution, declaration of invalidity of marriage or legal separation
Court file number
1 Type of decree Added check boxes
2 Date of filing
3 County where decree filed
4 Signature of superior court clerk
5 Husband's name
6 Husband's date of birth
7 Husband's place of birth
8 Husband's residence - street
9 Husband's residence - city
10 Husband's residence - Inside city limits Added
11 Husband's residence - County
12 Husband's residence - State
13 Wife's name
14 Wife's maiden name
15 Wife's date of birth
16 Wife's place of birth
17 Wife's residence - Street
18 Wife's residence - City
19 Wife's residence - Inside city limits Added
20 Wife's residence - County
21 Wife's residence - State
22 Place of marriage - County
23 Place of marriage - State
24 Date of marriage
25 Number of children of this marriage Name change
26 Petitioner Delete check boxes
27 Name of petitioner's attorney/pro se
28 Petitioner's address
29 Husband's Social Security number
30 Wife's Social Security number
Date couple last resided in same household Delete
Number of children under 18 whose physical custody was awarded to Delete
Title of court Delete
Title of certifying official Delete
Date signed Delete
Confidential information Delete))
Certificate name Modified
1 Court file number Added
2

Type of decree
3 Date of decree
4 County where decree filed
5 Signature of superior court clerk
6a Spouse A - Name Added
6b Birth name, if different Added
6c Date of birth
6d Place of birth (state or country)
6e Residence - Street Added
6f Residence - City
6g Residence - County
6h Residence - State
7a Spouse B - Name Added
7b Birth name, if different Modify
7c Date of birth
7d Place of birth (state or country)
7e Residence - Street Added
7f Residence - City
7g Residence - County
7h Residence - State
8 Place of marriage -County
9 Place of marriage - State
10 Date of marriage
11 Number of children born alive of this marriage Added
12 Petitioner
13 Name of petitioner's attorney or pro se
14 Petitioner's attorney's address
15 Spouse A Social Security number Added
16 Spouse B Social Security number Added
Date (decree) recorded Deleted
Number of children under 18 whose physical custody was awarded to (husband, wife, joint, other) Deleted
Number of children under 18 in household Deleted
Title of court Deleted
Title of certifying official Deleted
Date (certifying official) signed Deleted
Date couple last resided in same household Deleted
Confidential items Deleted

TABLE 8:

Certification of Dissolution of Washington State Domestic Partnership

Item Number Item Name
Certificate name
Court file number
1 Type of decree
2 Date of decree
3 County where decree filed
4 Signature of superior court clerk
5a First partner's name
5b First partner's name at birth
6 First partner's date of birth
7 First partner's place of birth
8 First partner's residence - Street
9 First partner's residence - City
10 First partner's residence - Inside city limits
11 First partner's residence - County
12 First partner's residence - State
13a Second partner's name
13b Second partner's name at birth
14 Second partner's date of birth
15 Second partner's place of birth
16 Second partner's residence - Street
17 Second partner's residence - City
18 Second partner's residence - Inside city limits
19 Second partner's residence - County
20 Second partner's residence - State
21 Date of this partnership
22 Domestic partnership certificate number
23 Petitioner
24 Name of petitioner's attorney/pro se
25 Petitioner's address

[Statutory Authority: RCW 26.09.150. 09-11-111, 246-491-149, filed 5/19/09, effective 6/19/09. Statutory Authority: RCW 43.70.150, 70.58.055, and chapter 70.58 RCW. 02-20-092, 246-491-149, filed 10/1/02, effective 11/1/02. Statutory Authority: RCW 43.70.150. 91-23-026 (Order 211), 246-491-149, filed 11/12/91, effective 12/13/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-491-149, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.620. 88-19-034 (Order 2696), 248-124-160, filed 9/12/88.]