WSR 17-17-148

PREPROPOSAL STATEMENT OF INQUIRY

[Filed August 22, 2017, 5:32 p.m.]

Subject of Possible Rule Making: Chapter 246-490 WAC, Vital statistics, the department of health (department) is considering creating a new rule regarding changes to sex designation on birth certificates.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.150 Registration of vital statistics.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is considering adopting a new rule that will formalize the department procedure for changing sex designation on birth certifications; create a "change of gender designation" request form similar to the form used by the department of licensing; establish a list of medical and mental health providers who can attest to the gender change based on the scope of practice for each profession; and add an option for a "nonbinary" sex designation. Because some people identify as neither male nor female, this rule making will consider changing sex designation to include male, female, and nonbinary options when requesting a change to the sex designation on one's birth certification.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other federal or state agencies regulate this subject.

Process for Developing New Rule: The department will use a collaborative rule-making process to develop the proposed rule. The department will post the draft rule on the department web site and notify interested parties of the opportunity to provide informal comments. Staff will evaluate comments and edit the draft rule consistent with the intent of this rule making prior to proposing the rule for adoption. The proposed rule will be shared with interested parties via email and the department web site. Formal comments will be taken in writing during the formal comment period and in person at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Vicki Bouvier, P.O. Box 47814, phone 360-236-4233, fax 360-753-4135, TTY 360-833-6388 or 711, email GenderChangeRuleMaking@doh.wa.gov, web site http://www.doh.wa.gov/AboutUs/RuleMaking.

Additional comments: Individuals can send comments and questions to GenderChangeRuleMaking@doh.wa.gov.

August 22, 2017

John Wiesman, DrPH, MPH

Secretary