WSR 10-04-101



[ Filed February 3, 2010, 9:20 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-18-007.

Title of Rule and Other Identifying Information: WAC 246-491-039, amendment to establish identification requirements to access specific confidential information on the state of Washington live birth certificate.

Hearing Location(s): Great Wolf Lodge, 20500 Old Highway 99 S.W., Grand Mound, WA 98531, on March 10, 2010, at 1:30 p.m.

Date of Intended Adoption: March 10, 2010.

Submit Written Comments to: Philip Freeman, Department of Health, P.O. Box 47814, Olympia, WA 98504-7814, web site, fax (360) 753-4135, by March 3, 2010.

Assistance for Persons with Disabilities: Contact Philip Freeman by March 3, 2010, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed change would establish the manner by which the identity of the individual requesting information from the confidential section of their birth certificate would be confirmed. The proposed change would also specify the items from the confidential section of the birth certificate that could be provided to the individual requesting the information.

Reasons Supporting Proposal: SHB 1510, chapter 44, Laws of 2009, provides an administrative option for some of the information on the confidential section of the birth certificate to be shared with the person who is the subject of that record. Items concerning the mother or father cannot be included in the information provided to the individual. The bill also specifies that the person requesting such information must confirm their identity in a manner approved by the state board of health.

Statutory Authority for Adoption: RCW 70.58.055.

Statute Being Implemented: RCW 70.58.055.

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

Name of Proponent: State board of health, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Philip Freeman, 101 Israel Road S.E., Tumwater, WA 98501, (360) 236-4340.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(e), a small business economic impact statement is not required for a proposed rule where the content of the rule is explicitly and specifically dictated by statute.

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. RCW 34.05.328 (5)(b)(v) exempts rules the content of which is explicitly and specifically dictated by statute.

February 2, 2010

Craig McLaughlin

Executive Director


AMENDATORY SECTION(Amending WSR 02-20-092, filed 10/1/02, effective 11/1/02)

WAC 246-491-039   Confidential information on state of Washington live birth and fetal death certificates under chapter 70.58 RCW.   (1) The confidential sections of the certificate of live birth and the certificate of fetal death are not subject to public inspection and may not be included on certified copies of the record except upon order of a court, or as specified in subsection (2) of this section.

(2) An individual who is the subject of the birth certificate may request the confidential information from their own birth certificate.

(a) All requests are to be made to the department on a form provided by the department.

(b) In order to obtain the confidential information:

(i) The individual and the subject of the birth certificate must be the same person.

(ii) The individual must have proof of identity as specified in (c) of this subsection.

(c) Proof of identity includes:

(i) A current document issued by a federal or state government with the individual's name, date of birth, photograph, signature, and physical description.

(ii) A legal record documenting any name change, if needed, to verify that the individual and the subject of the birth certificate are the same person.

(iii) If not applying in person, a notarized signature of the individual making the request must be included with the proof of identity.

(d) The department shall, upon receipt of a request in compliance with (a) through (c) of this subsection, provide to the individual the following items, as available from their birth certificate:

(i) Newborn medical record number;

(ii) Birth weight;

(iii) Infant head circumference;

(iv) Obstetric estimate of gestation;

(v) Apgar scores;

(vi) Infant transferred within twenty-four hours of delivery;

(vii) Abnormal conditions of the newborn; and

(viii) Congenital anomalies of the newborn.

[Statutory Authority: RCW 43.70.150, 70.58.055, and chapter 70.58 RCW. 02-20-092, 246-491-039, filed 10/1/02, effective 11/1/02. Statutory Authority: Chapter 70.58 RCW. 91-20-073 (Order 196B), 246-491-039, filed 9/26/91, effective 10/27/91. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-491-039, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.58.200. 88-19-092 (Order 310), 248-124-015, filed 9/20/88.]

Washington State Code Reviser's Office