PROPOSED RULES
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 If the referendum is not approved, this CR-102 will be withdrawn and the rule changes will not be adopted.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 | 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 | 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.]