WSR 17-22-105 PROPOSED RULES DEPARTMENT OF HEALTH [Filed October 31, 2017, 9:24 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-17-148. Title of Rule and Other Identifying Information: WAC 246-490-075 Changing sex designation on a birth certificate, the department of health (department) is proposing a new rule to establish requirements for individuals to request a change to the sex designation on their birth certificate. Hearing Location(s): On December 5, 2017, at 1:00 p.m., at the Department of Health, Point Plaza East, Room 152/153, 310 Israel Road S.E., Tumwater, WA 98501. Submit written comments to GenderChangeRuleMaking@doh.wa.gov. Date of Intended Adoption: December 19, 2017. Submit Written Comments to: Vicki M. Bouvier, Department of Health, Center for Health Statistics, P.O. Box 47814, Olympia, WA 98504-7814, email https://fortress.wa.gov/doh/policyreview, GenderChangeRuleMaking@doh.wa.gov, by December 5, 2017. Assistance for Persons with Disabilities: Contact Katitza Holthaus, phone 360-236-4308, TTY 360-833-6388 or 711, email KatitzaHolthaus@doh.wa.gov, by November 21, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rule is to establish procedural requirements for individuals to change the sex designation on their birth certificate. The proposed rule replaces the current department procedure with an updated procedure and includes male, female, and X as options for sex designation on the birth certificate. The proposed rule only applies to amendments made to birth certificates after the original record is completed at the time of birth. Reasons Supporting Proposal: The current procedure for changing sex designation on a birth certificate has been in place since 2008. The department is proposing to adopt a modified version of this procedure in rule to provide greater transparency and clarity to those who wish to make this change to their birth certificate. The proposed rule establishes three options for sex designation: Male, female, and X. The X designation is for people who identify as neither male nor female. Statutory Authority for Adoption: RCW 43.70.150. Statute Being Implemented: RCW 43.70.150. 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: Vicki M. Bouvier, 101 Israel Road S.E., Tumwater, WA 98501, 360-236-4233; 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. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Vicki M. Bouvier, P.O. Box 47814, Tumwater, WA 98504-7814, phone 360-236-4233, TTY 360-833-6388 or 711, email GenderChangeRuleMaking@doh.wa.gov.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. This rule does not impact businesses. The proposed rule sets requirements for individuals to apply for a birth certificate amendment and do [does] not apply to businesses. October 31, 2017 John Wiesman, DrPH, MPH Secretary
NEW SECTION
WAC 246-490-075 Changing sex designation on a birth certificate.
(1) For the purposes of this section:
(a) "Adult" means a person who is at least eighteen years of age, or is an emancipated minor under chapter 13.64 RCW.
(b) "Minor" means a person under the age of eighteen years of age, but not an emancipated minor under chapter 13.64 RCW.
(c) "X" means a gender that is not exclusively male or female, including, but not limited to, intersex, agender, amalgagender, androgynous, bigender, demigender, female-to-male, genderfluid, genderqueer, male-to-female, neutrois, nonbinary, pangender, third sex, transgender, transsexual, Two Spirit, and unspecified.
(2) Only an adult may apply to change sex designation on a birth certificate for oneself.
(3) Only the parent or legal guardian of a minor may apply to change sex designation on the minor's birth certificate.
(4) To change sex designation on a birth certificate, an adult, or parent or legal guardian of a minor must submit to the department a completed, signed, and dated application provided by the state registrar that includes, at a minimum, the following information for the person named on the birth certificate:
(a) Full name listed on the birth certificate;
(b) Date of birth;
(c) Place of birth;
(d) Mother or parent's full name listed on the birth certificate;
(e) Father or parent's full name listed on the birth certificate, if it appears on the record;
(f) Contact information;
(g) Sex designation requested (male, female, or X); and
(h) Other information requested by the state registrar.
(5) If an adult, or parent or legal guardian cannot provide the information in subsection (4) of this section due to special circumstances; the adult, or parent or legal guardian must submit a written explanation of the circumstances to the state registrar. The department may change the sex designation on the birth certificate if, in the state registrar's judgment, these circumstances prevent the adult, or parent or legal guardian from knowing one or more of the required items.
(6) The sex designation change application of an adult must be notarized and signed under penalty of perjury pursuant to chapter 9A.72 RCW.
(7) The sex designation change application of a minor must include a signed statement by the minor's licensed health care provider attesting that:
(a) The minor identified on the application is under the care of the provider; and
(b) The provider has determined the request to change sex designation on the birth certificate is consistent with the minor's identity.
(8) Only licensed health care providers whose scope of practice allows for attestation of a sex designation change may provide this attestation.
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