WSR 02-20-092

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed October 1, 2002, 2:31 p.m. ]

     Date of Adoption: September 11, 2002.

     Purpose: The amendments update the rules to assure the vital statistic certificates are consistent with U.S. standard certificates, as required under chapter 70.58 RCW. The amendments also improve the clarity of the chapter.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-491-029, 246-491-039, and 246-491-149.

     Statutory Authority for Adoption: RCW 43.70.150, 70.58.055.

     Other Authority: Chapter 70.58 RCW.

      Adopted under notice filed as WSR 02-16-100 on August 7, 2002.

     Changes Other than Editing from Proposed to Adopted Version: Birth Certificate: Item 4 (under Type of Birthplace) added: "Planned birthplace if different ."

     Fetal Death Certificate: Item 5 (under Type of Birthplace) added: "Planned birthplace if different ."

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 3, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 3, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 3, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

Don Sloma

Executive Director

State Board of Health

M. C. Selecky

Secretary

Department of Health

OTS-5810.2


NEW SECTION
WAC 246-491-001   Purpose.   RCW 70.58.055 requires certificates for vital records to include, at a minimum, items recommended by the federal agency responsible for national vital statistics. RCW 70.58.055 allows the state board of health to require additional information for the confidential section of the birth certificate, and eliminate items from the federal forms that it identifies as not necessary for statistical study.

     RCW 43.70.150 requires the secretary of the department of health to operate and maintain a state system for registering births, deaths, fetal deaths, marriages, divorce decrees, annulments and separations. RCW 43.70.160 requires the state registrar to prepare, print and supply the forms for registering, recording, and preserving vital statistics. These rules identify the forms used and information collected by the state on live birth, death, fetal death, marriage, divorce, dissolution of marriage and annulment.

[]


NEW SECTION
WAC 246-491-010   Definitions.   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

     (1) "Board" means the state board of health.

     (2) "Department" means the department of health.

[]


AMENDATORY SECTION(Amending Order 196B, filed 9/26/91, effective 10/27/91)

WAC 246-491-029   ((Adoption of)) Information collected on the confidential section of live birth and fetal death certificates; modifications to the United States standard certificates and report(( -- Modifications)) forms.   ((Pursuant to chapter 70.58 RCW, the Washington state board of health adopts and approves for use in the state of Washington,)) (1) Effective January 1, ((1992)) 2003, the department shall use the ((1988)) 2003 revisions of the United States standard forms of live birth and fetal death as the basis for the state certificates of live birth and fetal death. These forms are developed by the United States Department of Health and Human Services, National Center for Health Statistics. ((The board of health shall make the following modifications to the confidential section of the U.S. standard certificate of live birth and U.S. standard report of fetal death:))

     (2) Copies of these forms may be obtained by contacting the department's center for vital statistics.

     (3) Tables 1 and 2 list the statistical information contained in the confidential sections of the birth and fetal death certificates that the board requires the department to collect, and the differences between the state and U.S. standard.


((U.S. STANDARD CERTIFICATE OF LIVE BIRTH
Add "Spanish" to "of Hispanic origin."
Add "or descent? (ancestry)" to "of Hispanic origin."
Add "Asian or Pacific Islander" to "race."
Add "occupation" and "type of business or industry" for both parents.
Add "parental identification of ethnicity and race of child."
Add "twenty weeks or more, less than twenty weeks" to "pregnancy history."
Add separate categories for "spontaneous" and "induced" terminations to "pregnancy history."
Add "total prior pregnancies."
Add under the heading "medical risk factors for this pregnancy," "polyhydramnios, genital herpes, syphilis, "hepatitis B-HBsAg positive."
Add under the heading "method of delivery," "C-section with no labor, C-section with trial of labor."
Add under the heading "abnormal conditions of the newborn," drug withdrawal syndrome in newborn.
Delete under 38a "hydramnios."
Delete under item 37b "name of facility infant transferred to."
Add under the heading "other risk factors for pregnancy," "weight before pregnancy."
Add under the heading "complication of labor and/or delivery," "nuchal cord."
Change "tobacco use during pregnancy" to "did mother smoke at any time during pregnancy"?
Add "principal source of payment for prenatal care."
Add "during pregnancy mother participated in (special programs)."))

U.S. STANDARD CERTIFICATE OF LIVE BIRTH
TABLE 1:

Confidential Birth Certificate Items

Item Number Item Name Difference from U.S. Standard, if any
15 Is mother married to the father?
If no, was mother married to anyone during the pregnancy? Added
Has the paternity affidavit been signed?
20 Mother's education Add "Specify": next to box for "8th Grade or less"
21 Mother of Hispanic origin?
22 Mother's race
23 Mother's occupation Added
24 Mother's kind of business/industry Added
29 Father's education Add "Specify": next to box for "8th Grade or less"
30 Father of Hispanic origin?
31 Father's race
32 Father's occupation Added
33 Father's kind of business/industry Added
34 Mother's medical record number
35 Mother's prepregnancy weight
36 Mother's weight at delivery
37 Mother's height
38 Did mother get WIC food for herself during pregnancy?
39 Cigarette smoking before and during pregnancy
40a Number of previous live births
40b Date of last live birth
41a Number of other pregnancy outcomes
41b Date of last other pregnancy outcome
42a Date of first prenatal care visit
42b Date of last prenatal care visit
43 Total number of prenatal visits for this pregnancy
44 Date last normal menses began
45 Was mother transferred to higher-level care for maternal medical or fetal indications for delivery?
46 Principal source of payment for this delivery Add "Indian Health" and "CHAMPUS"
47 Newborn medical record number
48 Birth weight
49 Infant head circumference Added
50 Obstetric estimate of gestation
51 Apgar score at 5 min; if score is less than 6, score at 10 minutes
52 Plurality
53 If not single birth - born 1st, 2nd, 3rd etc.
54 Was infant transferred within 24 hours of delivery?
55 Is infant living at time of the report?
56 Is infant being breastfed?
57 Risk factors in this pregnancy Add "Group B streptococcus culture positive"
58 Method of delivery
59 Infections present and/or treated during this pregnancy Add "HIV infection" and "Other: Specify"
60 Obstetric procedures
61 Abnormal conditions of the newborn
62 Characteristics of labor and delivery
63 Congenital anomalies of the newborn
64 Maternal morbidity
65 Onset of labor

((U.S. STANDARD REPORT OF FETAL DEATH
Add "or descent? (ancestry)" to "of Hispanic origin."
Add "Spanish" to "of Hispanic origin."
Add "Asian or Pacific Islander" to "race."
Add "twenty weeks or more, less than twenty weeks" to "other pregnancy outcomes."
Add under the heading "medical risk factors for this pregnancy" "polyhydramnios, first trimester bleeding, epilepsy, genital herpes, syphilis."
Add separate categories for "spontaneous" and "induced" terminations to "pregnancy history."
Add "total prior pregnancies."
Add "fetal hemorrhage, placenta and cord conditions (specify), hemolytic disease, fetal hydrops, shoulder dystocia, other (specify), and none."
Add "C-section with no labor" and "C-section with trial of labor."
Add under the heading "other risk factors for pregnancy," "weight before pregnancy."
Change "tobacco use during pregnancy" to "did mother smoke at any time during pregnancy"?
Add "principal source of payment for prenatal care."
Add "during pregnancy mother participated in (special programs)."
Delete under item 23a "hydramnios and uterine bleeding."
Delete under item 26 "hysterotomy/hysterectomy."))

U.S. STANDARD REPORT OF FETAL DEATH
TABLE 2:

Confidential Fetal Death Certificate Items

Item Number Item Name Difference from U.S. Standard, if any
38 Weight of fetus
39 Obstetric estimate of gestation
40 Plurality
41 If not single birth - born 1st, 2nd, 3rd etc.
42 Mother's education Add "Specify": next to box for "8th Grade or less"
43 Mother of Hispanic origin?
44 Mother's race
45 Mother's occupation Added
46 Mother's kind of business/industry Added
47 Mother married?
48 Mother's height
49 Did mother get WIC food for herself during pregnancy?
50 Mother's prepregnancy weight
51 Mother's weight at delivery
52 Date last normal menses began
53 Date of first prenatal care visit
54 Date of last prenatal care visit
55 Total number of prenatal visits for this pregnancy
56a Number of previous live births
56b Date of last live birth
57a Number of other pregnancy outcomes
57b Date of last other pregnancy outcome
58 Cigarette smoking before and during pregnancy
59 Was mother transferred to higher-level care for maternal medical or fetal indications for delivery?
60 Father's education Added
61 Father of Hispanic origin? Added
62 Father's race Added
63 Father's occupation Added
64 Father's kind of business/industry Added
65 Risk factors in this pregnancy
66 Method of delivery
67 Congenital anomalies of the fetus
68 Maternal morbidity
69 Infections present and/or treated during this pregnancy Add "HIV infection" and "Other: Specify"

[Statutory Authority: Chapter 70.58 RCW. 91-20-073 (Order 196B), § 246-491-029, filed 9/26/91, effective 10/27/91. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-491-029, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.58.200. 88-19-092 (Order 310), § 248-124-010, filed 9/20/88. Statutory Authority: RCW 43.20.050 and 70.58.200. 84-02-004 (Order 270), § 248-124-010, filed 12/23/83; Order, § 248-124-010, filed 9/1/67.]


AMENDATORY SECTION(Amending Order 196B, filed 9/26/91, effective 10/27/91)

WAC 246-491-039   Confidential information on state of Washington live birth and fetal death certificates ((pursuant to)) under chapter 70.58 RCW.   The confidential sections of the certificate of live birth and the certificate of fetal death ((shall)) are not ((be)) subject to public inspection and ((shall)) may not be included on certified copies of the record except upon order of a court.

[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.]


AMENDATORY SECTION(Amending Order 211, filed 11/12/91, effective 12/13/91)

WAC 246-491-149   ((Adoption of)) Information collected on the legal or public section of certificates; modifications to the United States standard certificates and report(( -- Modifications pursuant to RCW 43.70.150)) forms.   ((The department adopts and approves for use in the state of Washington,)) (1) Effective January 1, ((1992)) 2003, the department shall use the ((1988)) 2003 revisions of the United States standard forms for live birth((, death,)) and fetal death((, marriage, and dissolution)).

     (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 dissolution.

     (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 ((and shall make the following modifications:)). Tables 3, 4, and 5 identify the modifications to the United States standard forms for live birth, fetal death, and death. Tables 6 and 7 identify modifications to the United States standard form for marriage, and certificate of divorce, dissolution of marriage, or annulment.


((U.S. STANDARD CERTIFICATE OF LIVE BIRTH.
Add "mother's request to issue Social Security number (allow up to six months)."
Add "record amendment."
Add "how long at current residence"?

U.S. STANDARD CERTIFICATE OF DEATH.
Under "place of death" add "in transport," "hospital."
Add "smoking in last fifteen years."
Add "or descent" after "of Hispanic origin."
Add "length of residence."
Add "date of disposition."
Add "medical examiner/coroner file number."
Add "hour pronounced dead (24-hours)."
Add "record amended section."
Delete "license number (funeral director)" under item 21b.
Delete "license number (certifier)" under item 23b.
Delete "were autopsy findings available prior to completion of cause of death yes/no" under item 28b.
Delete check boxes under item 20a.
Delete "donation" under item 20a.
Delete check boxes under item 31a.
Delete item 32.
Delete "inpatient" under item 9a.
Delete check boxes under item 29.
Delete "natural" under item 29.

U.S. STANDARD REPORT OF FETAL DEATH.
Add "fetus name."
Add "time of delivery."
Add "place of delivery."
Add "state of birth."
Add "registrar signature."
Add "date filed."
Add "burial, cremation, removal, other (specify)."
Add "date (burial)."
Add "cemetery/crematory-name."
Add "location (cemetery)."
Add "funeral director signature."
Add "name of facility."
Add "address of facility."
Add "autopsy yes/no."
Add "were autopsy findings used to complete the cause of death"?
Add "certification statement."
Change title to "certificate of fetal death."

U.S. STANDARD LICENSE AND CERTIFICATE OF MARRIAGE.
Change title to "certificate of marriage."
Add "type of ceremony (religious/civil ceremony)."
Add "officiant - date signed."
Add "inside of city limits for bride and groom."
Delete "age last birthday" for the groom under item 2.
Delete "age last birthday" for the bride under item 9.
Delete "license to marry" section.
Delete "expiration date of license" under item 17.
Delete "title of issuing official" under item 20.
Delete "confidential information" under items 27 through 30b.

U.S. STANDARD CERTIFICATE OF DIVORCE, DISSOLUTION OF MARRIAGE, OR ANNULMENT.
Change title to "certificate of dissolution, declaration of invalidity of marriage or legal separation."
Add check boxes for "type of decree."
Add "inside city limits" for both parties.
Delete "date couple last resided in same household" under item 11.
Change "number of children under eighteen in this household as of this date" to "number of children born alive of this marriage" under item 12.
Delete check boxes for "petitioner" under item 13.
Delete section "number of children under eighteen whose physical custody was awarded to" under item 18.
Delete "title of court" under item 20.
Delete "title of certifying official" under item 22.
Delete "date signed" under item 23.
Delete "confidential information" under items 24 through 27b.))

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

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

[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.]

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