BILL REQ. #: Z-0091.2/19 2nd draft ATTY/TYPIST: AF:eab ... Records.pdf · 1 department, under the...

BILL REQUEST - CODE REVISER'S OFFICE

BILL REQ. #: Z-0091.2/19 2nd draftATTY/TYPIST: AF:eabBRIEF DESCRIPTION: Concerning vital statistics.

AN ACT Relating to vital statistics; amending RCW 18.39.525,119.182.220, 26.04.090, 26.04.165, 26.09.150, 35A.70.070, 43.79.445,243.121.100, and 74.20A.056; adding a new chapter to Title 70 RCW;3repealing RCW 43.70.150, 43.70.160, 70.58.005, 70.58.010, 70.58.020,470.58.030, 70.58.040, 70.58.050, 70.58.055, 70.58.061, 70.58.065,570.58.070, 70.58.080, 70.58.082, 70.58.085, 70.58.095, 70.58.098,670.58.100, 70.58.104, 70.58.107, 70.58.110, 70.58.120, 70.58.130,770.58.145, 70.58.150, 70.58.160, 70.58.170, 70.58.175, 70.58.180,870.58.190, 70.58.210, 70.58.230, 70.58.240, 70.58.250, 70.58.260,970.58.270, 70.58.280, 70.58.380, 70.58.390, 70.58.400, and 70.58.900;10prescribing penalties; and providing an effective date.11

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:12

NEW SECTION. Sec. 1. INTENT AND PURPOSE. (1) Protection of13public health requires a vital records system that provides proof of14vital life events and gathers population health data for assessment,15evaluation, research, and other public health purposes. An efficient16and effective vital records system is a foundational public health17service to support a healthy and productive population.18

(2) The purpose of this chapter is to provide a framework for19ongoing administration of a single comprehensive vital records system20in Washington state that is operated and maintained by the21Code Rev/AF:eab 1 Z-0091.2/19 2nd draft

department, under the supervision of the state registrar, to preserve1the security, integrity, and confidentiality of Washington state2vital records and vital statistics, established under RCW 43.70.1303and this chapter.4

NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this5section apply throughout this chapter unless the context clearly6requires otherwise.7

(1) "Adult" means a person who is at least eighteen years of age,8or an emancipated minor under chapter 13.64 RCW.9

(2) "Amendment" means a change to a certification item on the10vital record.11

(3) "Authorized representative" means a person permitted to12receive a certification who is:13

(a) A person identified in a notarized statement signed by a14qualified applicant; or15

(b) A person with power of attorney as defined in chapter 11.12516RCW.17

(4) "Certification" means the document, in either paper or18electronic format, containing all or part of the information19contained in the original vital record from which the document is20derived, and is issued from the central vital records system. A21certification includes an attestation by the state or local registrar22to the accuracy of information, and has the full force and effect of23the original vital record.24

(5) "Certification item" means any item of information that25appears on certifications.26

(6) "Coroner" means the person elected or appointed in a county27under chapter 36.16 RCW to serve as the county coroner and fulfill28the responsibilities established under chapter 36.24 RCW.29

(7) "Delayed report of live birth" means the report submitted to30the department for the purpose of registering the live birth of a31person born in Washington state that was not registered within one32year of the date of live birth.33

(8) "Department" means the department of health.34(9) "Domestic partner" means a state registered domestic35

partnership established under chapter 26.60 RCW.36(10) "Facility" means any licensed establishment, public or37

private, located in Washington state, which provides inpatient or38outpatient medical, surgical, or diagnostic care or treatment; or39Code Rev/AF:eab 2 Z-0091.2/19 2nd draft

nursing, custodial, or domiciliary care. The term also includes1establishments to which persons are committed by law including, but2not limited to:3

(a) Mental illness detention facilities designated to assess,4diagnose, and treat individuals detained or committed, under chapter571.05 RCW;6

(b) City and county jails;7(c) Washington state department of corrections facilities; and8(d) Juvenile correction centers governed by Title 72 RCW.9(11) "Fetal death" means any product of conception that shows no10

evidence of life as determined by the medical certifier after11complete expulsion or extraction from the individual who gave birth12that is not an induced termination of pregnancy and:13

(a) Weighs three hundred fifty grams or more; or14(b) If weight is unknown, has completed twenty or more weeks of15

gestation as calculated from the date the last menstrual period began16to the date of expulsion or extraction.17

(12) "Final disposition" means the burial, interment, entombment,18cremation, removal from the state, or other manner of disposing of19human remains as authorized under chapter 68.50 RCW.20

(13) "Funeral director" means a person licensed under chapter2118.39 RCW as a funeral director.22

(14) "Funeral establishment" means a place of business licensed23under chapter 18.39 RCW as a funeral establishment.24

(15) "Government agencies" include Washington state boards,25commissions, committees, departments, educational institutions, or26other Washington state agencies which are created by or pursuant to27statute, other than courts and the legislature; Washington county or28city agencies, United States federal agencies, and federally29recognized tribes and tribal organizations.30

(16) "Human remains" means the body of a deceased person,31includes the body in any stage of decomposition, and includes32cremated human remains, but does not include human remains that are33or were at any time under the jurisdiction of the Washington state34physical anthropologist under chapter 27.44 RCW.35

(17) "Individual" means a natural person.36(18) "Induced termination of pregnancy" means the purposeful37

interruption of an intrauterine pregnancy with the intention other38than to produce a live-born infant, and which does not result in a39live birth.40Code Rev/AF:eab 3 Z-0091.2/19 2nd draft

(19) "Informational copy" means a birth or death record issued on1plain white paper from the central vital records system, containing2all or part of the information contained in the original vital record3from which the document is derived, and indicating it cannot be used4for legal purposes on its face.5

(20) "Legal guardian" means a person who serves as a guardian for6the purpose of either legal or custodial matters, or both, relating7to the person for whom the guardian is appointed. The term legal8guardian includes, but is not limited to, guardians appointed9pursuant to chapters 11.88 and 13.36 RCW.10

(21) "Legal representative" means a licensed attorney11representing either the subject of the record or qualified applicant.12

(22) "Live birth" means the complete expulsion or extraction of a13product of human conception from the individual who gave birth,14irrespective of the duration of pregnancy, which, after such15expulsion or extraction, breathes or shows any other evidence of16life.17

(23) "Local health officer" has the same meaning as in chapter1870.05 RCW.19

(24) "Medical certifier" for a death or fetal death means an20individual required to attest to the cause of death information21provided on a report of death or fetal death. Each individual22certifying cause of death or fetal death may certify cause of death23only as permitted by that individual's professional scope of24practice. These individuals include:25

(a) A physician, physician's assistant, or an advanced registered26nurse practitioner last in attendance at death or who treated the27decedent through examination, medical advice, or medications within28the twelve months preceding the death;29

(b) A midwife, only in cases of fetal death; and30(c) A physician performing an autopsy, when the decedent was not31

treated within the last twelve months and the person died a natural32death.33

(25) "Medical examiner" means the person appointed under chapter3436.24 RCW to fulfill the responsibilities established under chapter3536.24 RCW.36

(26) "Midwife" means a person licensed to practice midwifery37pursuant to chapter 18.50 RCW.38

(27) "Physician" means a person licensed to practice medicine,39naturopathy, or osteopathy pursuant to Title 18 RCW.40Code Rev/AF:eab 4 Z-0091.2/19 2nd draft

(28) "Registration" or "register" means the process by which a1report is approved and incorporated as a vital record into the vital2records system.3

(29) "Registration date" means the month, day, and year a report4is incorporated into the vital records system.5

(30) "Report" means an electronic or paper document containing6information related to a vital life event for the purpose of7registering the vital life event.8

(31) "Sealed record" means the original record of a vital life9event and the evidence submitted to support a change to the original10record.11

(32) "Secretary" means the secretary of the department of health.12(33) "State" means a state or territory of the United States, the13

District of Columbia, and New York city.14(34) "State registrar" means the person appointed by the15

secretary to administer the vital records system under section 4 of16this act.17

(35) "Territory of the United States" means American Samoa, the18Commonwealth of the Northern Mariana Islands, the Commonwealth of19Puerto Rico, Guam, and the United States Virgin Islands.20

(36) "Vital life event" means a birth, death, fetal death,21marriage, dissolution of marriage, dissolution of domestic22partnership, declaration of invalidity of marriage, declaration of23invalidity of domestic partnership, and legal separation.24

(37) "Vital record" or "record" means a report of a vital life25event that has been registered and supporting documentation.26

(38) "Vital records system" means the statewide system created,27operated, and maintained by the department under this chapter.28

(39) "Vital statistics" means the aggregated data derived from29vital records, including related reports, and supporting30documentation.31

NEW SECTION. Sec. 3. RULE MAKING. (1) The secretary shall have32charge of the Washington state vital records system and shall adopt,33amend, or repeal comprehensive rules to ensure implementation of all34aspects of the vital records system.35

(2) The secretary may adopt rules to set fees for services36related to the vital records system including, but not limited to,37expediting requests, verification and access for government agencies,38

Code Rev/AF:eab 5 Z-0091.2/19 2nd draft

registering reports of delayed birth, amending vital records, and1releasing vital records and vital statistics.2

(3) The secretary may adopt other rules for the purpose of3implementing this chapter.4

(4) The Washington state board of health may adopt, amend, or5repeal rules requiring statistical information related to birth and6manner of delivery.7

NEW SECTION. Sec. 4. APPOINTMENT OF THE STATE REGISTRAR. The8secretary shall appoint the state registrar in accordance with RCW943.70.020.10

NEW SECTION. Sec. 5. DUTIES OF THE STATE REGISTRAR. (1) The11state registrar shall administer and enforce the provisions of this12chapter and shall:13

(a) Administer the operation and maintenance of the vital records14system to preserve the security, integrity, and confidentiality of15Washington state vital records and vital statistics established under16RCW 43.70.130 and this chapter;17

(b) Prescribe paper and electronic forms needed to carry out the18purposes of this chapter;19

(c) Prescribe the information required in forms, reports, vital20records, certifications, or other documents authorized by this21chapter;22

(d) Prescribe the means for transmission of data, including23electronic submission, necessary to accomplish the purpose of24complete, accurate, and timely reporting and registration;25

(e) Review reports to determine if additional information is26necessary to register the report. If any reports are incomplete, the27state registrar shall require submission of information necessary to28make the record complete;29

(f) Deny or revoke registration of a report or application for an30amendment, or withhold or deny issuance of a certification for the31reasons permitted by this chapter;32

(g) Prepare and publish vital statistics pursuant to this33chapter;34

(h) Prepare a plan to provide for the continuity of operations of35the vital records system in the event of an emergency;36

(i) Take measures to prevent the fraudulent use of vital records;37and38Code Rev/AF:eab 6 Z-0091.2/19 2nd draft

(j) Perform data quality assurance and record matching1activities.2

(2) The state registrar may delegate functions and duties vested3in the state registrar under this section to employees of the4department.5

(3) The state registrar may appoint a deputy state registrar,6with the concurrence of the secretary, with the same authority7granted to the state registrar under this chapter.8

NEW SECTION. Sec. 6. APPOINTMENT OF LOCAL AND DEPUTY9REGISTRARS. (1) Under the direction and control of the state10registrar, the health officer of each local health jurisdiction is11and shall serve as local registrar.12

(2) Subject to the approval of the state registrar, each local13registrar shall appoint a sufficient number of deputy registrars to14perform the duties prescribed by this chapter applicable to local15registrars. The local registrar shall submit each proposed16appointment to the state registrar in writing. The state registrar17shall either approve or deny the appointment in writing prior to the18assumption of duties by the deputy registrar. The state registrar may19deny an appointment for good cause.20

(3) The state registrar shall authorize a local or deputy21registrar to access the electronic vital records databases to issue22birth or death certifications upon the local or deputy registrar's23appointment. Access and use of the database by the local or deputy24registrar must be consistent with this chapter.25

(4) The Washington state board of health may remove the health26officer as local registrar upon finding evidence of neglect in the27performance of duties as local registrar.28

NEW SECTION. Sec. 7. SECURITY OF THE VITAL RECORDS SYSTEM. (1)29A person may not prepare or issue any vital record that purports to30be an original, certification of, or copy of a vital record except as31authorized in this chapter.32

(2) All certifications of vital records must include security33features to deter alteration, counterfeiting, or simulation without34ready detection.35

(3) All informational copies must indicate that they cannot be36used for legal purposes on their face.37

(4) The state registrar may:38Code Rev/AF:eab 7 Z-0091.2/19 2nd draft

(a) Authorize users of the vital records system to access1specific components of the vital records system based on their2official duties;3

(b) Require users authorized under this section to acknowledge4having read and understood security procedures and penalties;5

(c) Revoke user access of the vital records system when the user6violates security procedures or when the user no longer needs access7to conduct official duties;8

(d) Ensure that Washington state birth records are marked as9deceased upon receipt of death records; and10

(e) Periodically test and audit the vital records system for11purposes of detecting fraud. If fraud is suspected, the state12registrar may provide copies of the evidence to appropriate13authorities for further investigation consistent with the provisions14of section 26 of this act. The state registrar may retain the results15of such tests and audits, which are not subject to inspection or16copying except upon order of a court of competent jurisdiction.17

(5) The state registrar may, at the state registrar's discretion,18validate data provided in reports filed for registration through site19visits or with independent sources outside the vital records system20at a frequency specified by the state registrar to maximize the21integrity of the data collected.22

NEW SECTION. Sec. 8. CONTENT, SUBMISSION, AND HANDLING OF23REPORTS AND VITAL RECORDS. (1) Forms prescribed by the state24registrar must be used in reporting, registering, and issuing25certifications and informational copies of birth and death, and26preserving the vital records, or in otherwise carrying out the27purpose of this chapter.28

(2) Reports must contain the data required for registration. No29report may be held to be complete and correct that does not supply30all items of information required under this chapter, or that does31not satisfactorily account for the omission of required items.32

NEW SECTION. Sec. 9. REGISTRATION OF LIVE BIRTH—KNOWN33PARENTAGE. (1) A facility representative or midwife shall prepare and34submit a report of live birth for each live birth at which they35attended that occurs in this state to the department within ten36calendar days after the birth occurs. The facility representative or37midwife shall:38Code Rev/AF:eab 8 Z-0091.2/19 2nd draft

(a) Include all data and evidence required to establish the facts1of live birth under this section;2

(b) Include parentage information consistent with chapters 26.26A3and 26.26B RCW;4

(c) Include all statistical information required about the5individual who gave birth;6

(d) Ensure the accuracy of the personal data entered on the7report; and8

(e) Attest the child was born alive at the place and time, and on9the date stated on the report.10

(2) The health care provider or facility representative providing11prenatal care shall provide the prenatal care information required12for the report of live birth to the facility where the delivery is13expected to occur not less than thirty calendar days prior to the14expected delivery date.15

(3) When a live birth occurs in a facility or en route to a16facility, the facility representative shall submit the report of live17birth consistent with this section.18

(4) When a live birth occurs outside a facility and not en route19to a facility, the report of live birth must be filed consistent with20this section by the:21

(a) Health care provider in attendance of the live birth; or22(b) Facility representative where the individual who gave birth23

and child are examined, if that examination happens within ten24calendar days of live birth.25

(5) For an unattended live birth not reported under subsection26(4) of this section, a report of live birth and an affidavit stating27the facts of the birth must be filed with the department within ten28calendar days of the live birth.29

(a) The report of live birth must be completed and signed by a30person with knowledge of the facts of the birth other than the31individual who gave birth to the child.32

(b) The affidavit attesting to the facts of the birth must be33completed and signed by the individual who gave birth, other parent,34or other person with knowledge of the facts of the birth.35

(c) The report of live birth and affidavit must not be signed by36the same person.37

(6) When the live birth occurs on a moving conveyance:38(a) Within the United States, and the child is first removed from39

the conveyance in Washington state, the place where the child is40Code Rev/AF:eab 9 Z-0091.2/19 2nd draft

first removed from the conveyance must be registered as the place of1live birth;2

(b) While in international waters or air space, or in a foreign3country or its air space, and the child is first removed from the4conveyance in Washington state, the live birth must be registered in5this state. The report of live birth under this subsection must show6the actual place of live birth insofar as can be determined.7

(7) The facility representative or midwife shall provide written8and oral information and required forms, furnished by the department9of social and health services and the state registrar, to the parents10of a child about establishing parentage pursuant to chapter 26.26A11RCW.12

(8) The state registrar may not register a report of live birth13unless it has been completed and filed in accordance with this14chapter.15

(9) A report of a live born child of unknown parentage must be16registered in accordance with section 10 of this act.17

(10) A delayed report of live birth filed after one year from the18date of live birth must be registered in accordance with section 1119of this act.20

NEW SECTION. Sec. 10. REGISTRATION OF LIVE BIRTH—UNKNOWN21PARENTAGE. (1) When a child is found for whom no record of live birth22is known to be on file, within ten calendar days of the child being23found, a report of a live birth must be filed with the department in24a manner prescribed by the state registrar.25

(2) If the child is identified at a later date and another live26birth record is found, the state registrar shall void the record27registered under subsection (1) of this section.28

(3) This section cannot be used when the report of live birth is29considered a delayed registration under section 11 of this act or an30unattended live birth under section 9(5) of this act.31

NEW SECTION. Sec. 11. DELAYED REGISTRATION OF LIVE BIRTH. (1)32An individual requesting a delayed report of live birth shall submit33to the state registrar a completed and signed delayed report of live34birth. Each report must include documentary evidence establishing the35facts of the live birth and any applicable fees. The completed36delayed report of live birth must be signed and sworn under penalty37of perjury by the individual whose live birth is to be registered if38Code Rev/AF:eab 10 Z-0091.2/19 2nd draft

the individual is an adult, or by the parent or legal guardian if the1individual whose live birth is to be registered is not an adult.2

(2) An individual requesting the delayed report of live birth of3an individual under twelve years of age must establish the facts4concerning full name, date, and place of live birth.5

(3) An individual requesting the delayed report of live birth of6an individual twelve years of age or over must establish the facts7concerning full name, date, and place of live birth and the full name8prior to first marriage of the individual who gave birth. Documentary9evidence for an individual twelve years of age or over, other than10affidavits, must have been established at least five years prior to11the date of application.12

(4) Each piece of documentary evidence must come from a unique13source in the form of the original record or an exact copy thereof.14The individual requesting the delayed report of live birth must15either be able to authenticate the source of each document presented16to the department, or present to the department a signed statement17from the custodian of the record or document which attests to the18authenticity of the document and the accuracy of the facts contained19in the document.20

(5) The state registrar shall not register a delayed report of21live birth until all applicable provisions of this chapter have been22met to the satisfaction of the state registrar.23

(6) Upon review and approval of a delayed report of live birth,24the state registrar shall register a delayed report of live birth.25The delayed birth record must include a description of the evidence26used to establish the delayed birth record.27

(7) If the state registrar denies a delayed report of live birth,28section 12 of this act is the sole remedy for decisions made under29this section. The administrative procedure act, chapter 34.05 RCW,30does not govern review of decisions on registration of delayed31reports of live birth made by the state registrar under this section.32

NEW SECTION. Sec. 12. REGISTRATION OF LIVE BIRTH—COURT ORDERED.33(1) If the state registrar denies a delayed report of live birth34under the provisions of section 11 of this act, the individual35requesting the delayed report of live birth may petition a court of36competent jurisdiction for an order establishing a record of the37name, date, and place of the live birth, and parentage of the38individual whose live birth is to be registered.39Code Rev/AF:eab 11 Z-0091.2/19 2nd draft

(2) The petition must allege:1(a) The individual for whom a delayed report of live birth is2

sought was born in Washington state;3(b) No report of live birth of the individual can be found in the4

vital records system;5(c) Diligent efforts by the petitioner have failed to obtain the6

evidence required in accordance with section 11 of this act; and7(d) The state registrar has denied a delayed report of live8

birth.9(3) The petition must be accompanied by a statement of the state10

registrar made in accordance with section 11 of this act and all11documentary evidence to support such registration which was filed12with the state registrar.13

(4) The court shall fix a time and place for hearing the14petition. The petitioner shall serve the state registrar with notice15of the time and place for hearing and shall include with such notice16the petition filed with the court. The petitioner shall give the17state registrar notice at least thirty calendar days prior to the18date set for the hearing.19

(5) The state registrar, or the state registrar's designee, may20present at the hearing any information the state registrar believes21will be useful to the court. The state registrar is not required to22attend or appear for the hearing, and the court may proceed without23the state registrar if the state registrar does not appear at the24designated time and place set for hearing in the notice.25

(6) The burden of proof is on the petitioner.26(7) If the court finds, by clear and convincing evidence, that27

the individual for whom a delayed report of live birth is sought was28born in Washington state, the court shall issue an order requiring29the state registrar to establish a delayed record of live birth. This30order must include, at a minimum, the following:31

(a) The full name, city and county of live birth, and birth date32to be registered of the individual whose live birth is to be33registered;34

(b) The full name, state or country of birth, and date of birth35of the individual who gave birth; and36

(c) A statement of the evidence relied on by the court in making37the order.38

(8) The clerk of the court shall forward the order to the state39registrar within five business days after the order is entered.40Code Rev/AF:eab 12 Z-0091.2/19 2nd draft

(9) The state registrar shall register the live birth upon1receipt of an order to register a delayed report of live birth from a2court of competent jurisdiction, and must include the court case3number and the date of the order in the vital record.4

NEW SECTION. Sec. 13. REGISTRATION OF DEATH. (1) A complete5report of death or fetal death must be filed with the local registrar6in the local health jurisdiction where the death or fetal death7occurred for each death or fetal death that occurs in this state. The8report must be filed within five calendar days after the death or9finding of human remains and prior to final disposition of the human10remains as required by this section.11

(a) If the place of death or fetal death is unknown and the human12remains are found in Washington state, the death must be filed in13Washington state and the place where the human remains were found is14the place of death.15

(b) When death or fetal death occurs in a moving conveyance16within or outside the United States and the human remains are first17removed from the conveyance in Washington state, the death must be18filed in Washington state and the place of death is the place where19the remains were removed from the moving conveyance.20

(c) In all other cases, the place where death or fetal death is21pronounced is the place where death occurred.22

(d) An approximate date of death or fetal death may be used if23date of death is unknown. If the date cannot be determined by24approximation, the date of death must be the date the human remains25were found.26

(2) If the death or fetal death occurred with medical attendance,27a funeral director, funeral establishment, or person having the right28to control the disposition of the human remains under RCW 68.50.16029shall:30

(a) Obtain and enter personal data on the report of death or31fetal death about the decedent from the person best qualified to32provide the information;33

(b) Provide the report of death or fetal death to the medical34certifier within two calendar days after the death, fetal death, or35finding of human remains;36

(c) File the completed report of death or fetal death with the37local registrar; and38


(d) Obtain a burial transit permit prior to the disposition of1the human remains as required in section 14 of this act.2

(3) The medical certifier shall:3(a) Attest to the cause, date, and time of death or fetal death;4(b) Note the presence of methicillin-resistant staphylococcus5

aureus if it is a cause or contributing factor in the patient's6death; and7

(c) Return the report of death or fetal death to the funeral8director, funeral establishment, or person having the right to9control the disposition of the human remains under RCW 68.50.16010within two calendar days.11

(4) The report of death or fetal death may be completed by12another individual qualified to be a medical certifier as defined in13section 2 of this act who has access to the medical history of the14decedent when:15

(a) The medical certifier is absent or unable to attest to the16cause, date, and time of death or fetal death; or17

(b) The death or fetal death occurred due to natural causes, and18the medical certifier gives approval.19

(5) If the death or fetal death occurred without medical20attendance, the funeral director, funeral establishment, or person21having the right to control the disposition of the human remains22under RCW 68.50.160 shall provide the report of death or fetal death23to the coroner, medical examiner, or local health officer as allowed24by (a) of this subsection.25

(a) If the death or fetal death occurred due to natural causes,26the coroner, medical examiner, or local health officer shall27determine whether to certify the report of death or fetal death. If28the coroner, medical examiner, or local health officer decides to29certify the report of death or fetal death, the person certifying the30report shall:31

(i) Attest to the manner, cause, and date of death or fetal death32without holding an inquest or performing an autopsy or postmortem,33based on statements of relatives, persons in attendance during the34last sickness, persons present at the time of death, or other persons35having adequate knowledge of the facts;36

(ii) Note that there was no medical attendance at the time of37death or fetal death; and38

(iii) Return the report of death or fetal death to the funeral39home within two calendar days.40Code Rev/AF:eab 14 Z-0091.2/19 2nd draft

(b) If the death or fetal death appears to be the result of1unlawful or unnatural causes, the coroner or medical examiner shall:2

(i) Attest to the cause, place, and date of death or fetal death;3(ii) Note that there was no medical attendance at the time of4

death;5(iii) Note when the cause of death is pending investigation; and6(iv) Return the report of death or fetal death to the funeral7

director, funeral establishment, or person having the right to8control the disposition of the human remains under RCW 68.50.1609within two calendar days.10

(6) When there is no funeral director, funeral establishment, or11person having the right to control the disposition of human remains12under chapter 68.50 RCW, the coroner, medical examiner, or local13health officer shall file the completed report of death or fetal14death with the local registrar as required by subsection (1) of this15section.16

(7) A coroner or medical examiner shall file a report of presumed17death with the local registrar when the coroner or medical examiner18determines that there is sufficient circumstantial evidence to19indicate that an individual has died in the county or in waters20contiguous to the county, and that it is unlikely that the body will21be recovered. The coroner or medical examiner shall include in a22report of presumed death, to the extent possible, the cause, place,23and date of death.24

(8) The coroner or medical examiner in a county in which a25decedent was last known to be alive may file a report of presumed26death with the local registrar when the county in which the presumed27death occurred cannot be determined with certainty. The coroner or28medical examiner shall include in a report of presumed death, to the29extent possible, the cause, place, and date of death.30

(9) The local registrar shall:31(a) Review filed reports of death or fetal death to ensure32

completion in accordance with this chapter;33(b) Request missing information or corrections;34(c) Ensure issuance of the burial-transit permit as required35

under section 14 of this act;36(d) Register a report of death or fetal death with the department37

if it has been completed and submitted in accordance with this38section.39


(10) A medical certifier, coroner, medical examiner, or local1health officer shall submit an affidavit of correction to the state2registrar to amend the report of death or fetal death within five3calendar days of receipt of an autopsy result or other information4that completes or amends the cause of death from that originally5filed with the department.6

(11) The department may require a medical certifier, coroner,7medical examiner, or local health officer to provide additional or8clarifying information to properly code and classify cause of death.9

NEW SECTION. Sec. 14. FINAL DISPOSITION OF HUMAN REMAINS. (1)10If a report of death or fetal death is completed and filed in11accordance with this chapter, the local registrar shall issue a12burial-transit permit or disinterment permit to the funeral director,13funeral establishment, or person having the right to control the14disposition of the human remains under RCW 68.50.160.15

(2) A person may not provide for final disposition of human16remains until the following have occurred:17

(a) The report of death or fetal death has been registered in18accordance with section 13 of this act; and19

(b) The funeral director, funeral establishment, or person having20the right to control the disposition of the human remains under RCW2168.50.160 has obtained a burial-transit permit authorizing final22disposition.23

(3) A funeral director, funeral establishment, or person having24the right to control the disposition of the human remains under RCW2568.50.160 shall:26

(a) Deliver the burial-transit permit to the person in charge of27the funeral establishment licensed under chapter 18.39 RCW or28cemetery authority as defined in RCW 68.04.190 before interring the29human remains; or30

(b) Attach the burial-transit permit to the container holding the31human remains when shipped by a transportation company.32

(4) Final disposition of human remains must be completed in33accordance with chapter 68.50 RCW.34

(5) A person in charge of a funeral establishment licensed under35chapter 18.39 RCW or cemetery authority as defined in RCW 68.04.190:36

(a) May not allow the final disposition of human remains or fetal37remains unless accompanied by a burial-transit permit;38


(b) Shall indicate on the burial-transit permit the date and type1of final disposition;2

(c) Shall return all completed and signed or electronically3approved burial-transit permits to the local registrar for the county4in which the death occurred within ten days of final disposition;5

(d) Shall keep a record of all human remains disposed of on the6premises, including the:7

(i) Name of the deceased individual;8(ii) Place of death;9(iii) Date of disposition; and10(iv) Name and address of the funeral director, funeral11

establishment, or other person having the right to control the12disposition of the human remains under RCW 68.50.160.13

(6) When there is no person in charge of the place of final14disposition, the funeral director, funeral establishment, or person15having the right to control the disposition of the human remains16under RCW 68.50.160 shall write across the face of the permit the17words "no person in charge."18

(7) A funeral director, funeral establishment, or person having19the right to control the disposition of the human remains under RCW2068.50.160 must be authorized by the local registrar to disinter or21reinter human remains.22

(8) A person may not bring into or transport within Washington23state or inter, deposit in a vault, grave, or tomb, or cremate or24otherwise dispose of human remains of any person whose death occurred25outside Washington state unless the human remains are accompanied by26a burial-transit permit or other document issued in accordance with27the laws in force where the death occurred. A burial-transit permit28is not required for the spreading of cremated ashes in accordance29with laws regulating scattering of ashes in state, federal, and30international lands or water.31

(9) A funeral director or funeral establishment licensed under32chapter 18.39 RCW, or a funeral establishment licensed in Oregon or33Idaho, may remove human remains from the local health jurisdiction34where the death occurred to another local health jurisdiction or35Oregon or Idaho without having obtained a burial-transit permit if36the funeral director or funeral establishment:37

(a) Has been issued a certificate of removal registration by the38director of the department of licensing; and39


(b) Initiates a report of death with the local registrar where1the death occurred.2

NEW SECTION. Sec. 15. REGISTRATION OF MARRIAGE. The state3registrar shall register reports of marriage received from a4Washington state county auditor pursuant to chapter 26.04 RCW.5

NEW SECTION. Sec. 16. REGISTRATION OF LEGAL SEPARATION,6DISSOLUTION, AND DECLARATION OF INVALIDITY OF MARRIAGE OR DOMESTIC7PARTNERSHIP. The state registrar shall register reports of legal8separation, dissolution of marriage, dissolution of domestic9partnership, declaration of invalidity of marriage, and declaration10of invalidity of domestic partnership from the clerk of each11Washington state superior court pursuant to chapter 26.09 RCW.12

NEW SECTION. Sec. 17. ADOPTION. (1) The state registrar shall13amend the birth record of a child born in Washington state to reflect14an adoption decree received from a Washington state court of15competent jurisdiction upon receipt of:16

(a) An application to register an adoption;17(b) A certified copy of the adoption decree entered pursuant to18

chapter 26.33 RCW; and19(c) Applicable fees established under this chapter and by rule.20(2) The state registrar shall amend the live birth record of a21

child born in Washington state to reflect an adoption report from any22other state or territory of the United States upon receipt of:23

(a) A certified copy of an adoption report, or an application to24register an adoption and a certified copy of the adoption decree; and25

(b) Applicable fees established under this chapter and by rule.26(3) The state registrar shall register the birth of a child born27

outside the United States and its territories and adopted after28January 1, 1985, in a Washington state court of competent29jurisdiction upon receipt of:30

(a) An application to register an adoption;31(b) A certified copy of a decree of adoption entered pursuant to32

chapter 26.33 RCW; and33(c) Applicable fees established under this chapter and by rule.34(4) The state registrar shall register the birth of a child born35

outside the United States and its territories and adopted before36


January 1, 1985, in a Washington state court of competent1jurisdiction upon receipt of:2

(a) An application to register an adoption;3(b) A certified copy of a decree of adoption entered pursuant to4

chapter 26.33 RCW;5(c) Documentary evidence as to the child's birthdate and6

birthplace provided by:7(i) The original birth certification;8(ii) A certified copy, extract, or translation of the original9

birth certificate; or10(iii) A certified copy of another document essentially equivalent11

to the original birth certificate including, but not limited to, the12records of the United States citizenship and immigration services or13the United States department of state; and14

(d) Applicable fees established under this chapter and by rule.15(5) The state registrar shall retain and seal the original birth16

record including the adoption report, certified copy of the adoption17decree, and other documentary evidence filed pursuant to chapter1826.33 RCW. The sealed record is not subject to public inspection or19copying pursuant to chapter 42.56 RCW and may only be released as20allowed by RCW 26.33.345.21

NEW SECTION. Sec. 18. AMENDING VITAL RECORDS. (1) The state22registrar may amend certification items on Washington state vital23records.24

(2) The state registrar may amend a live birth record to change25the name of a person born in Washington state:26

(a) Upon receipt of a complete and signed amendment application27with applicable fees;28

(b) Upon receipt of a certified copy of an order of a court of29competent jurisdiction, including the name of the person as it30appears on the current live birth record and the new name to be31designated on the amended live birth record, under RCW 4.24.130; or32

(c) As authorized under 18 U.S.C. Sec. 3521, the federal witness33relocation and protection act.34

(3) The state registrar shall seal the original live birth record35amended under subsection (2)(c) of this section. The sealed record is36not subject to public inspection and copying under chapter 42.56 RCW37except upon order of a court of competent jurisdiction.38


(4) The state registrar may amend a live birth record to change1the sex designation of a person born in Washington state. The state2registrar shall include a nonbinary option for sex designation on3certifications.4

(5) The state registrar may amend vital records for purposes5other than those established in this section.6

(6) The state registrar may deny an application to amend a vital7record when:8

(a) The application is not completed or filed in accordance with9this chapter;10

(b) The state registrar has cause to question the validity or11adequacy of the applicant's statements or documentary evidence; or12

(c) The deficiencies under (a) or (b) of this subsection are not13addressed to the satisfaction of the state registrar.14

(7) The state registrar shall provide notice of the denial of an15application to amend a vital record and state the reasons for the16denial. If the state registrar denies an amendment to a vital record17under the provisions of this section, a person may appeal the18decision under section 23 of this act.19

NEW SECTION. Sec. 19. PRESERVING VITAL RECORDS. (1) The state20registrar shall develop and implement a preservation management21policy for the vital records system for permanent preservation while22in the custody of the state registrar.23

(2) The state registrar shall transfer the custody of vital24records to the Washington state archives in accordance with state25archival procedures when:26

(a) One hundred years have elapsed after the date of live birth;27(b) Fifty years have elapsed after the date of death or fetal28

death; and29(c) Fifty years have elapsed after the date of marriage, divorce,30

dissolution of marriage, dissolution of domestic partnership,31declaration of invalidity of marriage, declaration of invalidity of32domestic partnership, or legal separation.33

(3) The state archives may provide noncertified copies of34original vital records in the custody of the state archives, due to a35transfer under subsection (2) of this section, to the public.36

(4) The state archives may not:37


(a) Charge the department a fee or pass along costs to transfer1the vital records to state archives or maintain the vital records in2the state archives; or3

(b) Alter, amend, or delete certification items on the vital4records.5

(5) Sealed records must remain sealed and in the custody of the6department.7

(6) The department may retain records for the purpose of issuing8certifications under section 21 of this act.9

NEW SECTION. Sec. 20. DISCLOSURE OF VITAL RECORDS, DATA, AND10VITAL STATISTICS. (1) The department may disclose vital records11information for persons named in any birth, death, or fetal death12record as provided under this chapter.13

(2) Proposals for research and public health purposes must be14reviewed and approved as to scientific merit and adequacy of15confidentiality safeguards in accordance with this section.16

(3) The department may release birth and fetal death record data17that includes direct identifiers for research with approval of the18Washington state institutional review board and receipt of a signed19confidentiality agreement with the department.20

(4) The department may release birth and fetal death record data21that includes direct identifiers for public health purposes to a22government agency upon receipt of a signed written data-sharing23agreement with the department.24

(5) The department may release birth and fetal death record data25that contains only indirect identifiers to anyone upon receipt of a26signed written data-sharing agreement with the department.27

(6) The department may release death record data to anyone upon28approval of the department and receipt of a signed written data-29sharing agreement with the department.30

(7) A written data-sharing agreement required under subsections31(4) through (6) of this section must, at a minimum:32

(a) Include a description of the type of data needed and the33purpose for how the data will be used;34

(b) Include the methods to be used to protect the confidentiality35and security of the data;36

(c) State that ownership of the data provided under this section37remains with the department, and is not transferred to those38authorized to receive and use the data under the agreement; and39Code Rev/AF:eab 21 Z-0091.2/19 2nd draft

(d) Include the applicable fees for use of the data.1(8) In addition to the conditions required by subsection (7) of2

this section, the written data-sharing agreement for birth and fetal3death record data for public health purposes under subsection (4) of4this section must:5

(a) Prohibit redisclosure of any direct or indirect identifiers6without explicit permission from the department; and7

(b) Prohibit the recipient of the data from contacting or8attempting to contact the person whose information is included in the9data set or that person's family members without explicit permission10from the department.11

(9) In addition to the conditions required by subsection (7) of12this section, the written data-sharing agreement for birth or fetal13death record data indirect identifiers under subsection (5) of this14section must prohibit the recipient of the data from attempting to15determine the identity of persons whose information is included in16the data set or use the data in any manner that identifies17individuals or their family members.18

(10) The department and the Washington state institutional review19board shall apply the most restrictive law governing data release to20proposals for research and public health purposes requesting data21sets with direct identifiers for linkage to other data sets.22

(11) The department may provide the fewest birth and fetal death23record data elements necessary for the purpose described in the24proposal for research or public health purposes.25

(12) The department may deny a request for data for cause26including, but not limited to, when:27

(a) Indirect identifiers are sufficient for the purpose described28in the proposal for research or public health purposes;29

(b) The research or public health proposal lacks scientific30merit;31

(c) The department lacks resources or the request would result in32an unreasonable use of resources related to data preparation and33analysis;34

(d) The requestor cannot meet the requirements in a data-sharing35agreement for protecting the confidentiality of the data; or36

(e) The requestor is out of compliance with an existing data-37sharing agreement.38

(13) The department must provide notice of the denial to the39requestor and include a statement of the reasons for the denial. If40Code Rev/AF:eab 22 Z-0091.2/19 2nd draft

the state registrar denies a request for data under the provisions of1this section, a person may appeal the decision under section 23 of2this act.3

(14) The department may release birth, death, and fetal death4records to government agencies in the conduct of official duties upon5approval of the state registrar and receipt of a signed written data-6sharing agreement with the department. Records may be accessed7electronically and must be limited to the information needed for8official business. The agreement may include cost sharing for support9of the electronic system.10

(15) The department shall make available to the department of11social and health services, division of child support, the social12security numbers of parents listed on birth records as required for13establishing child support.14

(16) The department may release birth, death, and fetal death15records to the national center for health statistics to be used16solely for national statistics upon approval of the state registrar17and receipt of a signed written data-sharing agreement with the18department.19

(17) The department may release copies of birth, death, and fetal20death records to state or territorial offices of vital statistics21outside Washington state or in a neighboring country by an22interjurisdictional exchange agreement when such records relate to a23resident of, a person born in, or a person who died in the requesting24state or neighboring country.25

(18) Nothing in this chapter may be construed as giving authority26to the state or local registrar, department, government agencies, or27data recipients to sell or provide access to lists of individuals28when requested for commercial purposes.29

(19) For the purposes of this section:30(a) "Data" means a data file containing multiple records.31(b) "Direct identifier" means a single data element that32

identifies an individual person.33(c) "Indirect identifier" means a single data element that on its34

own does not identify an individual person, but when combined with35other indirect identifiers can be used to identify an individual36person.37

(d) "Public health purpose" means a purpose that seeks to support38or evaluate public health activities which include, but are not39limited to, health surveillance; identifying population health40Code Rev/AF:eab 23 Z-0091.2/19 2nd draft

trends; health assessments; implementing educational programs;1program evaluation; developing and implementing policies; determining2needs for access to services and administering services; creating3emergency response plans; promoting healthy lifestyles; and4preventing, detecting, and responding to infectious diseases, injury,5and chronic and inheritable conditions. Public health purpose does6not include research as defined in this section.7

(e) "Research" means a systematic investigation, including8research development, testing, and evaluation, designed to develop or9contribute to generalizable knowledge. Activities that meet this10definition constitute research for purposes of this policy, whether11or not they are conducted or supported under a program that is12considered research for other purposes.13

NEW SECTION. Sec. 21. CERTIFICATIONS AND INFORMATIONAL COPIES14FROM THE VITAL RECORDS SYSTEM. (1)(a) A certification issued in15accordance with this section is considered for all purposes the same16as the original vital record and is prima facie evidence of the facts17stated therein.18

(b) When issued in accordance with this chapter, an informational19copy is not considered the same as the original vital record and does20not serve as prima facie evidence of the facts stated therein.21

(2) The state and local registrar shall issue all certifications22registered in the vital records system from the state's central vital23records system database upon submission by a qualified applicant of24all required information and documentation required by this chapter25or by rule, and shall ensure that all certifications include:26

(a) The date of registration; and27(b) Security features that deter altering, counterfeiting, or28

simulation without ready detection as required under this chapter.29(3) A person requesting a certification of birth, death, or fetal30

death must submit an application, identity documentation, evidence of31eligibility, and the applicable fee established in section 24 of this32act to the state or local registrar.33

(4) For a certification of birth, the state or local registrar34shall only release the certification to:35

(a) The subject of the record or the subject of the record's36spouse or domestic partner, child, parent, stepparent, sibling,37grandparent, grandchild, legal guardian, legal representative, or38authorized representative; or39Code Rev/AF:eab 24 Z-0091.2/19 2nd draft

(b) A government agency or court, if the certification will be1used in the conduct of the agency's or court's official duties.2

(5) The state registrar may issue an heirloom certification of3birth to a qualified applicant consistent with subsection (4) of this4section. The heirloom certification of birth must contain the seal of5Washington state and be signed by the governor.6

(6) The state registrar may issue a certification of a birth7record registered as delayed under section 11 or 12 of this act to a8qualified applicant consistent with subsection (4) of this section.9The certification must:10

(a) Be marked as delayed; and11(b) Include a description of the evidence or court order number12

used to establish the delayed record.13(7) The state registrar may issue a certification of a birth14

record for a person adopted under chapter 26.33 RCW and registered15under section 17 of this act to a qualified applicant consistent with16subsection (4) of this section. The certification:17

(a) Must not include reference to the adoption of the child; and18(b) For children born outside Washington state, must be issued19

consistent with the certification standards of this section, unless20the court orders otherwise.21

(8) When providing a birth certification to a qualified applicant22under this chapter, the state or local registrar shall include23information prepared by the department setting forth the advisability24of a security freeze under RCW 19.182.230 and the process for25acquiring a security freeze.26

(9) For a certification of death, the state or local registrar27shall only release the certification to:28

(a) The decedent's spouse or domestic partner, child, parent,29stepparent, sibling, grandparent, grandchild, legal guardian30immediately prior to death, legal representative, authorized31representative, or next of kin as specified in RCW 11.28.120;32

(b) A funeral director, the funeral establishment licensed33pursuant to chapter 18.39 RCW, or the person having the right to34control the disposition of the human remains under RCW 68.50.16035named on the death record, within twelve months of the date of death;36or37

(c) A government agency or court, if the certification will be38used in the conduct of the agency's or court's official duties.39


(10) The state or local registrar may issue a short form1certification of death that does not display information relating to2cause and manner of death to a qualified applicant. In addition to3the qualified applicants listed in subsection (9) of this section, a4qualified applicant for a short form certification of death includes5a person that demonstrates that the certified copy is necessary for a6determination related to the death or the protection of a personal or7property right related to the death.8

(11) For a certification of fetal death, the state or local9registrar may only release the certification to:10

(a) A parent, a parent's legal representative, an authorized11representative, or a grandparent;12

(b) The funeral director or funeral establishment licensed13pursuant to chapter 18.39 RCW and named on the fetal death record,14within twelve months of the date of fetal death; or15

(c) A government agency or court, if the certification will be16used in the conduct of the agency's or court's official duties.17

(12) The state or local registrar shall review the identity18documentation and evidence of eligibility to determine if the person19requesting the certification is a qualified applicant under this20section. The state or local registrar may verify the identity21documents and evidence of eligibility to determine the acceptability22and authenticity of identity documentation and evidence of23eligibility.24

(13) The state or local registrar may not issue a certification25of birth or fetal death that includes information from the26confidential section of the birth or fetal death record, except as27provided in subsection (14) of this section.28

(14) The state registrar may only release information contained29in the confidential section of the birth record to the following30persons:31

(a) The individual who is the subject of the birth record, upon32confirmation of documentation and evidence of identity of the33requestor in a manner approved by the Washington state board of34health and the department. The state registrar must limit the35confidential information provided to the individual who is the36subject of the birth record's information, and may not include the37parent's information; or38

(b) A member of the public, upon order of a court of competent39jurisdiction.40Code Rev/AF:eab 26 Z-0091.2/19 2nd draft

(15) A person requesting a certification of marriage, dissolution1of marriage, or dissolution of domestic partnership currently held by2the department must submit an application and the applicable fee3established in section 24 of this act to the state registrar.4

(16) The state registrar may mark a certification of a birth5record as deceased when that birth record is matched to a death6record under section 7 of this act.7

(17) The state or local registrar may issue an informational copy8from the central vital records system to anyone. Informational copies9of death records must be in short form and may not display10information related to cause and manner of death.11

(18) A person requesting an informational copy must submit an12application and the applicable fee established in section 24 of this13act to the state or local registrar.14

(19) If no record is identified as matching the information15provided in the application, the state or local registrar shall issue16a document indicating that a search of the vital records system was17made and no matching record was identified.18

(20) All government agencies or courts to whom certifications or19informational copies are issued must pay the applicable fee for20certifications established in section 24 of this act.21

(21) The state or local registrar may only issue a certification22or informational copy of a vital life event consistent with this23chapter.24

(22) The department may issue, through electronic means and25processes determined by the department, verifications of information26contained on birth or death records filed with the department when a27verification is requested by a government agency, insurance company,28hospital, or any other organization in the conduct of its official29duties for fraud prevention and good governance purposes as30determined by the department. The department shall charge a fee for a31search under this subsection.32

(23) For the purposes of this section, a "qualified applicant"33means a person who is eligible to receive a certification of a vital34record based on the standards established by this chapter and35department rule.36

NEW SECTION. Sec. 22. PUBLIC DISCLOSURE PROHIBITED. (1) All or37part of vital records, reports, indices, supporting documentation,38vital statistics, data, or information contained therein are39Code Rev/AF:eab 27 Z-0091.2/19 2nd draft

confidential, are not public records, and are not subject to public1inspection and copying under chapter 42.56 RCW.2

(2) Unless otherwise authorized by this chapter, no person may3permit the inspection of, disclose data or information contained in,4or copy or issue a copy of all or part of vital records, reports,5indices, supporting documentation, vital statistics, data, or6information contained therein.7

NEW SECTION. Sec. 23. ADJUDICATIVE PROCEEDINGS. (1) This8section governs any case in which the state registrar takes one of9the following adverse actions:10

(a) Denies or revokes registration of a report or application for11an amendment;12

(b) Withholds or denies issuance of a certification under this13chapter; or14

(c) Denies a request for data under section 20 of this act.15(2) This section does not govern denied applications for delayed16

birth registration under section 11 of this act, or amendments due to17legal name change, adoption, or parentage, which require court18orders.19

(3) RCW 43.70.115 does not govern adjudications under this20chapter.21

(4) The department shall give written notice to the applicant22when it denies or revokes registration of a report or application for23certification, or withholds issuance of a certification. The written24notice must state the reasons for the action and be served to the25applicant or person to whom the record pertains. "Service" means26posting in the United States mail, delivery to a commercial parcel27delivery company, or personal service. Service by mail is complete28upon deposit of the notice in the United States mail. Service by a29commercial parcel delivery company is complete upon delivery to the30commercial parcel delivery company, properly addressed, with charges31prepaid.32

(5) Except as otherwise provided in this subsection and in33subsection (6) of this section, revocation or withholding is34effective twenty-eight days after service of the notice. The35department may make the date the action is effective sooner than36twenty-eight days after service when necessary to protect public37health, safety, or welfare, or when deemed necessary by the state38registrar for the security of the vital record. When the department39Code Rev/AF:eab 28 Z-0091.2/19 2nd draft

does so, it shall state the effective date and the reasons supporting1the effective date in the notice.2

(6) An applicant has the right to an adjudicative proceeding. The3proceeding is governed by the administrative procedure act, chapter434.05 RCW. The request for an adjudicative proceeding must be in5writing, state the basis for contesting the adverse action, include a6copy of the adverse notice, be served on and received by the7department within twenty-eight days of service of the adverse notice,8and be served in a manner that shows proof of receipt.9

(7) If the department gives an applicant twenty-eight days'10notice of revocation or withholding and the applicant or person to11whom the record pertains files an appeal before its effective date,12the department shall not implement the adverse action until the final13order has been entered. The presiding or reviewing officer may permit14the department to implement part or all of the adverse action while15the proceedings are pending if the appellant causes an unreasonable16delay in the proceeding, if the circumstances change so that17implementation is in the public interest, or for other good cause.18

(8) If the department gives an applicant less than twenty-eight19days' notice of revocation or withholding and the applicant or person20to whom the record pertains timely files a sufficient appeal, the21department may implement the adverse action on the effective date22stated in the notice. The presiding or reviewing officer may order23the department to stay implementation of part or all of the adverse24action while the proceedings are pending if staying implementation is25in the public interest or for other good cause.26

(9) The department is authorized to adopt a brief adjudicative27proceeding for proceedings under this chapter, in accordance with28chapter 34.05 RCW.29

NEW SECTION. Sec. 24. FEES. (1) The department and local30registrars shall charge a fee of twenty-five dollars for a31certification or informational copy of a vital record or for a search32of the vital records system when no matching record was identified,33except as provided in subsection (2) of this section.34

(2) The department and local registrars may not charge a fee for35issuing a certification of:36

(a) A vital record for use in connection with a claim for37compensation or pension pending before the veterans administration;38


(b) The death of a sex offender, for use by a law enforcement1agency in maintaining a registered sex offender database; or2

(c) The death of any offender, requested by a county clerk or3court in the state of Washington for purposes of extinguishing the4offender's legal financial obligation.5

(3) The department may not charge a fee for issuing a birth6certification for homeless persons as defined in RCW 43.185C.0107living in Washington state.8

(4) The department and local registrars may charge an electronic9payment fee, in addition to the twenty-five dollar fee for10certification and informational copy of vital records or for a search11of the vital records system, in cases where payment is made by credit12card, charge card, debit card, smart card, stored value card, federal13wire, automatic clearinghouse system, or other electronic14communication.15

(5) Local registrars shall keep a true and correct account of all16fees received under this section for the issuance of certifications17and informational copies.18

(6) A portion of the twenty-five dollar fee collected by the19local registrars must be transmitted to the Washington state20treasurer on a monthly basis as follows:21

(a) Thirteen dollars for each birth certification and birth22informational copy issued;23

(b) Thirteen dollars for each first copy of a death certification24and death informational copy; and25

(c) Twenty dollars for each additional death certification and26death informational copy.27

(7) For each fee turned over to the Washington state treasurer by28the local registrars, the state treasurer shall:29

(a) Pay the department two dollars of each fee for birth30certifications and birth informational copies and first copies of31death certifications and death informational copies;32

(b) Pay the department nine dollars of each fee for additional33death certifications and death informational copies; and34

(c) Hold eleven dollars of each fee in the death investigations35account established under RCW 43.79.445, except for an heirloom birth36certification issued under section 21 of this act.37

(8) Eleven dollars of the twenty-five dollar fee collected by the38department for certifications and informational copies issued by the39


department must be transmitted to the Washington state treasurer for1the death investigations account established under RCW 43.79.445.2

(9) The department of children, youth, and families shall set a3fee for an heirloom birth certification established under section 214of this act for the children's trust fund established under RCW543.121.100. The department shall collect the fee established under6this subsection when issuing an heirloom birth certification and7transmit the fees collected to the state treasurer for credit to the8children's trust fund.9

NEW SECTION. Sec. 25. LOCAL REGISTRAR REPORTING. (1) The local10registrar shall, on a monthly basis, submit the following to the11state registrar:12

(a) A summary of the number of certifications and informational13copies issued by vital life event type in a format provided by the14state registrar;15

(b) A log of all numbered paper certifications issued and16destroyed in a format provided by the state registrar; and17

(c) A copy of the accounting of fees required by section 24 of18this act.19

(2) The state registrar shall periodically test and audit local20registrar fraud prevention procedures and products, and may share the21results of such tests and audits with the local registrar.22

NEW SECTION. Sec. 26. ENFORCEMENT. (1) All of the requirements23of this chapter must be uniformly complied with by all local24registrars in Washington state.25

(2) Local registrars are charged with the strict and thorough26enforcement of the provisions of this chapter in their health27jurisdictions, under the supervision and direction of the state28registrar, and:29

(a) Shall immediately report observed or suspected violations of30this chapter to the state registrar;31

(b) Shall aid the state registrar, upon request, in32investigations initiated under this section; and33

(c) May not issue a certification for a record that is currently34under investigation under this section, or subject to an action under35section 23 of this act, until such time as the state registrar allows36for the issuance of such certification.37


(3) The state registrar may investigate cases of irregularity or1violation of this chapter. In cases where the state registrar finds2reasonable cause to suspect fraud or misrepresentation, the state3registrar shall:4

(a) Retain the application and evidence, which are not subject to5public inspection or copying; and6

(b) Notify the appropriate authorities.7(4) The state registrar may only release the application and8

evidence under subsection (3)(a) of this section upon order of a9court of competent jurisdiction.10

(5) When the state registrar deems it necessary, the state11registrar shall report cases of violation of any of the provisions of12this chapter to the prosecuting attorney of the proper county with a13statement of the facts and circumstances.14

(6) Prosecuting attorneys, or officials acting in such capacity,15shall initiate and promptly follow up the necessary court proceedings16against the parties responsible for the alleged violations of law17reported to them by the state registrar.18

(7) The state registrar may, during the pendency of an19investigation under subsection (3) of this section, or at the20conclusion of an investigation under subsection (3) of this section,21take any action permitted by this chapter with respect to the22affected certification or record including, but not limited to,23denial of issuance or revocation of the affected certification or24record.25

NEW SECTION. Sec. 27. PENALTIES. (1) Every person who violates26or willfully fails, neglects, or refuses to comply with any27provisions of this chapter is guilty of a misdemeanor.28

(2) Every person who willfully furnishes false information for29any certification required by this chapter or who makes any false30statement in any such certification is guilty of a gross misdemeanor.31

NEW SECTION. Sec. 28. APPLICABILITY. (1) This act applies to32all causes of action commenced on or after the effective date of this33section, regardless of when the cause of action arose.34

(2) The requirements of this act apply to all records covered by35this act that are held by the department or state registrar,36regardless of the date the record was created or modified.37


(3) In all other respects not specifically indicated in this1section, this chapter applies prospectively.2

Sec. 29. RCW 18.39.525 and 2005 c 365 s 26 are each amended to3read as follows:4

(1) The director shall issue a certificate of removal5registration to a funeral establishment licensed in another state6contiguous to Washington, with laws substantially similar to the7provisions of this section, for the limited purpose of removing human8remains from Washington prior to submitting a ((certificate)) report9of death. Licensed funeral establishments wishing to participate10must: Apply to the department of licensing for a certificate of11removal registration, on a form provided by the department, and pay12the required application fee, as set by the director.13

(2) For purposes of this section, each branch of a registrant's14funeral establishment is a separate establishment and must be15registered as a fixed place of business.16

(3) Certificates of death are governed by ((RCW 70.58.160))17section 13 of this act.18

(4) Notices of removal and disposition permits are governed by19((RCW 70.58.230)) section 14 of this act.20

(5) The conduct of funeral directors, embalmers, or any other21person employed by or acting on behalf of a removal registrant is the22direct responsibility of the holder of the certificate of removal23registration.24

(6) The board may impose sanctions upon the holder of a25certificate of removal registration if the registrant is found to be26in violation of any death care statute or rule.27

(7) Certificates of removal registration expire January 31st, or28as otherwise determined by the director.29


The definitions in this section apply throughout this section and32RCW 19.182.230 ((and 70.58.098)) unless the context clearly requires33otherwise.34

(1) "Credit report" means a consumer report, as defined in 1535U.S.C. Sec. 1681a, that is used or collected to serve as a factor in36establishing a consumer's eligibility for credit for personal,37family, or household purposes.38Code Rev/AF:eab 33 Z-0091.2/19 2nd draft

(2) "Normal business hours" means Sunday through Saturday,1between the hours of 6:00 a.m. and 9:30 p.m. Pacific time.2

(3) "Protected consumer" means an individual who is:3(a) Under the age of sixteen years old at the time a request for4

the placement of a security freeze is made pursuant to RCW519.182.230; or6

(b) Incapacitated and for whom a guardian or limited guardian has7been appointed.8

(4) "Record" means a compilation of information that:9(a) Identifies a protected consumer;10(b) Is created by a consumer reporting agency solely for the11

purpose of complying with RCW 19.182.230; and12(c) May not be created or used to consider the protected13

consumer's credit worthiness, credit standing, credit capacity,14character, general reputation, personal characteristics, or mode of15living for any purpose listed in RCW 19.182.020.16

(5) "Representative" means a person who provides to a consumer17reporting agency sufficient proof of authority to act on behalf of a18protected consumer.19

(6) "Security freeze" means:20(a) If a consumer reporting agency does not have a file21

pertaining to a protected consumer, a restriction that:22(i) Is placed on the protected consumer's record in accordance23

with RCW 19.182.230; and24(ii) Prohibits the consumer reporting agency from releasing the25

protected consumer's record except as provided in RCW 19.182.230; or26(b) If a consumer reporting agency has a file pertaining to the27

protected consumer, a restriction that:28(i) Is placed on the protected consumer's consumer report in29

accordance with RCW 19.182.230; and30(ii) Prohibits the consumer reporting agency from releasing the31

protected consumer's consumer report or any information derived from32the protected consumer's consumer report except as provided in RCW3319.182.230.34

(7) "Sufficient proof of authority" means documentation that35shows a representative has authority to act on behalf of a protected36consumer, including:37

(a) An order issued by a court of law;38(b) A lawfully executed and valid power of attorney; and39


(c) A written, notarized statement signed by a representative1that expressly describes the authority of the representative to act2on behalf of a protected consumer.3

(8) "Sufficient proof of identification" means information or4documentation that identifies a protected consumer or a5representative of a protected consumer, including:6

(a) A social security number or a copy of a social security card7issued by the social security administration;8

(b) A certified or official copy of a birth certificate issued by9the entity authorized to issue the birth certificate;10

(c) A copy of a driver's license, an identicard issued under RCW1146.20.117, or any other government-issued identification; or12

(d) A copy of a bill, including a bill for telephone, sewer,13septic tank, water, electric, oil, or natural gas services, that14shows a name and home address.15


A person solemnizing a marriage shall, within thirty days18thereafter, make and deliver to the county auditor of the county19wherein the license was issued a certificate for the files of the20county auditor, and a certificate for the files of the state21registrar of vital statistics. The certificate for the files of the22county auditor shall be substantially as follows:23

24 25 26 27 28

STATE OF WASHINGTON

COUNTY OF . . . . . . . . . . . . . .

29 30 31 32 33

This is to certify that the undersigned, a . . . . . ., by

authority of a license bearing date the . . . . day of . . . . . .

A.D. (year) . . . ., and issued by the County auditor of the

county of . . . . . ., did, on the . . . . day of . . . . . . A.D.

(year) . . . ., at . . . . . . in this county and state, join in

34 35 36 37

lawful wedlock A.B. of the county of . . . . . ., state

of . . . . . . and C.D. of the county of . . . . . ., state

of . . . . . ., with their mutual assent, in the presence of

F H and E G, witnesses.


1 2 3

In Testimony Whereof, witness the signatures of the

parties to said ceremony, the witnesses and myself,

this . . . . day of . . . . . ., A.D. (year) . . . .

((The certificate for the files of the state registrar of vital4statistics shall be in accordance with RCW 70.58.200.)) The5certificate forms for the files of the county auditor and for the6files of the state registrar of vital statistics shall be provided by7the state registrar of vital statistics.8

Sec. 32. RCW 26.04.165 and 1989 1st ex.s. c 9 s 203 are each9amended to read as follows:10

In addition to the application provided for in RCW 26.04.160, the11county auditor for the county wherein the license is issued shall12submit to each applicant at the time for application for a license13the Washington state department of health marriage certificate form14((prescribed by RCW 70.58.200)) provided by the state registrar of15vital statistics to be completed by the applicants and returned to16the county auditor for the files of the state registrar of vital17statistics. After the execution of the application for, and the18issuance of a license, no county shall require the persons authorized19to solemnize marriages to obtain any further information from the20persons to be married except the names and county of residence of the21persons to be married.22


(1) A decree of dissolution of marriage or domestic partnership,25legal separation, or declaration of invalidity is final when entered,26subject to the right of appeal. An appeal which does not challenge27the finding that the marriage or domestic partnership is28irretrievably broken or was invalid, does not delay the finality of29the dissolution or declaration of invalidity and either party may30remarry or enter into a domestic partnership pending such an appeal.31

(2)(a) No earlier than six months after entry of a decree of32legal separation, on motion of either party, the court shall convert33the decree of legal separation to a decree of dissolution of marriage34or domestic partnership. The clerk of court shall complete the35certificate ((as provided for in RCW 70.58.200)) on the form provided36by the department of health. On or before the tenth day of each37Code Rev/AF:eab 36 Z-0091.2/19 2nd draft

month, the clerk of the court shall forward to the state registrar of1vital statistics the certificate of each decree of divorce,2dissolution of marriage or domestic partnership, annulment, or3separate maintenance granted during the preceding month.4

(b) Once a month, the state registrar of vital statistics shall5prepare a list of persons for whom a certificate of dissolution of6domestic partnership was transmitted to the registrar and was not7included in a previous list, and shall supply the list to the8secretary of state.9

(3) Upon request of a party whose marriage or domestic10partnership is dissolved or declared invalid, the court shall order a11former name restored or the court may, in its discretion, order a12change to another name.13

Sec. 34. RCW 35A.70.070 and 1987 c 223 s 4 are each amended to14read as follows:15

Every code city may exercise the powers authorized and shall16perform the duties imposed upon cities of like population relating to17the public health and safety as provided by Title 70 RCW and, without18limiting the generality of the foregoing, shall: (1) Organize boards19of health and appoint a health officer with the authority, duties and20functions as provided in chapter 70.05 RCW, or provide for combined21city-county health departments as provided and in accordance with the22provisions of chapter 70.08 RCW; (2) contribute and participate in23public health pooling funds as authorized by chapter 70.12 RCW; (3)24control and provide for treatment of ((venereal)) sexually25transmitted diseases as authorized by chapter 70.24 RCW; (4) provide26for the care and control of tuberculosis as provided in chapters2770.28, 70.30, ((70.32,)) and 70.54 RCW; (5) participate in health28districts as authorized by chapter 70.46 RCW; (6) exercise control29over water pollution as provided in chapter 35.88 RCW; (7) for all30code cities having a population of more than twenty thousand serve as31a primary district for registration of vital statistics in accordance32with the provisions of chapter ((70.58 RCW)) 70.--- RCW (the new33chapter created in section 41 of this act); (8) observe and enforce34the provisions relating to fireworks as provided in chapter 70.7735RCW; (9) enforce the provisions relating to swimming pools provided36in chapter 70.90 RCW; (10) enforce the provisions of chapter 18.2037RCW when applicable; (11) perform the functions relating to38((mentally ill)) persons with mental illness prescribed in chapters39Code Rev/AF:eab 37 Z-0091.2/19 2nd draft

72.06 and 71.12 RCW; (12) cooperate with the state department of1social and health services in mosquito control as authorized by RCW270.22.060; and (13) inspect nursing homes as authorized by RCW318.51.145.4


There is established an account in the state treasury referred to7as the "death investigations account" which shall exist for the8purpose of receiving, holding, investing, and disbursing funds9appropriated or provided in ((RCW 70.58.107)) section 24 of this act10and any moneys appropriated or otherwise provided thereafter.11

Moneys in the death investigations account shall be disbursed by12the state treasurer once every year on December 31 and at any other13time determined by the treasurer. The treasurer shall make14disbursements to: The state toxicology laboratory, counties for the15cost of autopsies, the state patrol for providing partial funding for16the state dental identification system, the criminal justice training17commission for training county coroners, medical examiners and their18staff, and the state forensic investigations council. Funds from the19death investigations account may be appropriated during the 2013-201520fiscal biennium for the activities of the state crime laboratory21within the Washington state patrol.22


Contributions, grants, or gifts in cash or otherwise, including25funds generated by the sale of "heirloom" birth certificates under26chapter ((70.58 RCW)) 70.--- RCW (the new chapter created in section2741 of this act) from persons, associations, or corporations and funds28generated through the issuance of the "Keep Kids Safe" license plate29under chapter 46.18 RCW, shall be deposited in a depository approved30by the state treasurer to be known as the children's trust fund.31Disbursements of such funds shall be on the authorization of the32secretary of the department of children, youth, and families33beginning July 1, 2012. In order to maintain an effective expenditure34and revenue control, such funds shall be subject in all respects to35chapter 43.88 RCW, but no appropriation shall be required to permit36expenditure of such funds.37


Sec. 37. RCW 74.20A.056 and 2018 c 150 s 108 are each amended to1read as follows:2

(1) If an alleged father has signed an affidavit acknowledging3paternity which has been filed with the state registrar of vital4statistics before July 1, 1997, the division of child support may5serve a notice and finding of parental responsibility on him and the6custodial parent. Procedures for and responsibility resulting from7acknowledgments filed after July 1, 1997, are in subsections (8) and8(9) of this section. Service of the notice shall be in the same9manner as a summons in a civil action or by certified mail, return10receipt requested, on the alleged father. The custodial parent shall11be served by first-class mail to the last known address. If the12custodial parent is not the nonassistance applicant or public13assistance recipient, service shall be in the same manner as for the14responsible parent. The notice shall have attached to it a copy of15the affidavit or certification of birth record information advising16of the existence of a filed affidavit, provided by the state17registrar of vital statistics, and shall state that:18

(a) Either or both parents are responsible for providing health19care coverage for their child either through health insurance or20public health care coverage, which is accessible to the child, or21through coverage that if coverage that can be extended to cover the22child is or becomes available to the parent through employment or is23union-related, or for paying a monthly payment toward the premium if24no such coverage is available, as provided under RCW 26.09.105;25

(b) The alleged father or custodial parent may file an26application for an adjudicative proceeding at which they both will be27required to appear and show cause why the amount stated in the notice28as to support is incorrect and should not be ordered;29

(c) An alleged father or mother, if she is also the custodial30parent, may request that a blood or genetic test be administered to31determine whether such test would exclude him from being a natural32parent and, if not excluded, may subsequently request that the33division of child support initiate an action in superior court to34determine the existence of the parent-child relationship; and35

(d) If neither the alleged father nor the custodial parent36requests that a blood or genetic test be administered or files an37application for an adjudicative proceeding, the amount of support38stated in the notice and finding of parental responsibility shall39become final, subject only to a subsequent determination under RCW40Code Rev/AF:eab 39 Z-0091.2/19 2nd draft

26.26.500 through 26.26.630 that the parent-child relationship does1not exist.2

(2) An alleged father or custodial parent who objects to the3amount of support requested in the notice may file an application for4an adjudicative proceeding up to twenty days after the date the5notice was served. An application for an adjudicative proceeding may6be filed within one year of service of the notice and finding of7parental responsibility without the necessity for a showing of good8cause or upon a showing of good cause thereafter. An adjudicative9proceeding under this section shall be pursuant to RCW 74.20A.055.10The only issues shall be the amount of the accrued debt, the amount11of the current and future support obligation, and the reimbursement12of the costs of blood or genetic tests if advanced by the department.13A custodian who is not the parent of a child and who has physical14custody of a child has the same notice and hearing rights that a15custodial parent has under this section.16

(3) If the application for an adjudicative proceeding is filed17within twenty days of service of the notice, collection action shall18be stayed pending a final decision by the department. If no19application is filed within twenty days:20

(a) The amounts in the notice shall become final and the debt21created therein shall be subject to collection action; and22

(b) Any amounts so collected shall neither be refunded nor23returned if the alleged father is later found not to be a responsible24parent.25

(4) An alleged father or the mother, if she is also the custodial26parent, may request that a blood or genetic test be administered at27any time. The request for testing shall be in writing, or as the28department may specify by rule, and served on the division of child29support. If a request for testing is made, the department shall30arrange for the test and, pursuant to rules adopted by the31department, may advance the cost of such testing. The department32shall mail a copy of the test results by certified mail, return33receipt requested, to the alleged father's and mother's, if she is34also the custodial parent, last known address.35

(5) If the test excludes the alleged father from being a natural36parent, the division of child support shall file a copy of the37results with the state registrar of vital statistics and shall38dismiss any pending administrative collection proceedings based upon39the affidavit in issue. The state registrar of vital statistics shall40Code Rev/AF:eab 40 Z-0091.2/19 2nd draft

remove the alleged father's name from the birth certificate and1change the child's surname to be the same as the mother's maiden name2as stated on the birth certificate, or any other name which the3mother may select.4

(6) The alleged father or mother, if she is also the custodial5parent, may, within twenty days after the date of receipt of the test6results, request the division of child support to initiate an action7under RCW 26.26.500 through 26.26.630 to determine the existence of8the parent-child relationship. If the division of child support9initiates a superior court action at the request of the alleged10father or mother and the decision of the court is that the alleged11father is a natural parent, the parent who requested the test shall12be liable for court costs incurred.13

(7) If the alleged father or mother, if she is also the custodial14parent, does not request the division of child support to initiate a15superior court action, or fails to appear and cooperate with blood or16genetic testing, the notice of parental responsibility shall become17final for all intents and purposes and may be overturned only by a18subsequent superior court order entered under RCW 26.26.500 through1926.26.630.20

(8)(a) Subsections (1) through (7) of this section do not apply21to acknowledgments of paternity filed with the state registrar of22vital statistics after July 1, 1997.23

(b) If an acknowledged father has signed an acknowledgment of24paternity that has been filed with the state registrar of vital25statistics after July 1, 1997:26

(i) The division of child support may serve a notice and finding27of financial responsibility under RCW 74.20A.055 based on the28acknowledgment. The division of child support shall attach a copy of29the acknowledgment or certification of the birth record information30advising of the existence of a filed acknowledgment of paternity to31the notice;32

(ii) The notice shall include a statement that the acknowledged33father or any other signatory may commence a proceeding in court to34rescind or challenge the acknowledgment or denial of paternity under35RCW 26.26.330 and 26.26.335;36

(iii) A statement that either or both parents are responsible for37providing health care coverage for the child if accessible coverage38that can be extended to cover the child is or becomes available to39


the parent through employment or is union-related as provided under1RCW 26.09.105; and2

(iv) The party commencing the action to rescind or challenge the3acknowledgment or denial must serve notice on the division of child4support and the office of the prosecuting attorney in the county in5which the proceeding is commenced. Commencement of a proceeding to6rescind or challenge the acknowledgment or denial stays the7establishment of the notice and finding of financial responsibility,8if the notice has not yet become a final order.9

(c) If neither the acknowledged father nor the other party to the10notice files an application for an adjudicative proceeding or the11signatories to the acknowledgment or denial do not commence a12proceeding to rescind or challenge the acknowledgment of paternity,13the amount of support stated in the notice and finding of financial14responsibility becomes final, subject only to a subsequent15determination under RCW 26.26.500 through 26.26.630 that the parent-16child relationship does not exist. The division of child support does17not refund nor return any amounts collected under a notice that18becomes final under this section or RCW 74.20A.055, even if a court19later determines that the acknowledgment is void.20

(d) An acknowledged father or other party to the notice who21objects to the amount of support requested in the notice may file an22application for an adjudicative proceeding up to twenty days after23the date the notice was served. An application for an adjudicative24proceeding may be filed within one year of service of the notice and25finding of parental responsibility without the necessity for a26showing of good cause or upon a showing of good cause thereafter. An27adjudicative proceeding under this section shall be pursuant to RCW2874.20A.055. The only issues shall be the amount of the accrued debt29and the amount of the current and future support obligation.30

(i) If the application for an adjudicative proceeding is filed31within twenty days of service of the notice, collection action shall32be stayed pending a final decision by the department.33

(ii) If the application for an adjudicative proceeding is not34filed within twenty days of the service of the notice, any amounts35collected under the notice shall be neither refunded nor returned if36the alleged father is later found not to be a responsible parent.37

(e) If neither the acknowledged father nor the custodial parent38requests an adjudicative proceeding, or if no timely action is39brought to rescind or challenge the acknowledgment or denial after40Code Rev/AF:eab 42 Z-0091.2/19 2nd draft

service of the notice, the notice of financial responsibility becomes1final for all intents and purposes and may be overturned only by a2subsequent superior court order entered under RCW 26.26.500 through326.26.630.4

(9) Acknowledgments of paternity that are filed after July 1,51997, are subject to requirements of chapters 26.26, the uniform6parentage act, and ((70.58 RCW)) 70.--- RCW (the new chapter created7in section 41 of this act).8

(10) The department and the department of health may adopt rules9to implement the requirements under this section.10

(11) The department has rule-making authority to enact rules11consistent with 42 U.S.C. Sec. 652(f) and 42 U.S.C. Sec. 666(a)(19)12as amended by section 7307 of the deficit reduction act of 2005.13Additionally, the department has rule-making authority to implement14regulations required under 45 C.F.R. Parts 302, 303, 304, 305, and15308.16

NEW SECTION. Sec. 38. The following acts or parts of acts are17each repealed:18

(1) RCW 43.70.150 (Registration of vital statistics) and 1989 1st19ex.s. c 9 s 254, 1979 c 141 s 51, 1967 c 26 s 1, & 1965 c 8 s2043.20.070;21

(2) RCW 43.70.160 (Duties of registrar) and 1989 1st ex.s. c 9 s22255, 1967 c 26 s 2, & 1965 c 8 s 43.20.080;23

(3) RCW 70.58.005 (Definitions) and 2015 3rd sp.s. c 1 s 412,242015 c 225 s 103, 2009 c 231 s 1, 2005 c 365 s 151, 1991 c 3 s 342, &251987 c 223 s 1;26

(4) RCW 70.58.010 (Registration districts) and 2012 c 117 s 383,271979 ex.s. c 52 s 2, 1951 c 106 s 4, 1915 c 180 s 1, & 1907 c 83 s 2;28

(5) RCW 70.58.020 (Local registrars—Deputies) and 2012 c 117 s29384, 1979 ex.s. c 52 s 3, 1961 ex.s. c 5 s 5, 1951 c 106 s 5, 1915 c30180 s 2, & 1907 c 83 s 3;31

(6) RCW 70.58.030 (Duties of local registrars) and 1990 c 99 s 1,321961 ex.s. c 5 s 6, & 1907 c 83 s 18;33

(7) RCW 70.58.040 (Compensation of local registrars) and 2012 c34117 s 385, 1961 ex.s. c 5 s 7, 1951 c 106 s 8, 1915 c 180 s 10, &351907 c 83 s 19;36

(8) RCW 70.58.050 (Duty to enforce law) and 2012 c 117 s 386 &371907 c 83 s 22;38


(9) RCW 70.58.055 (Certificates generally) and 2009 c 44 s 1,11997 c 58 s 948, & 1991 c 96 s 1;2

(10) RCW 70.58.061 (Electronic and hard copy transmission) and31991 c 96 s 2;4

(11) RCW 70.58.065 (Local registrar use of electronic databases)5and 1991 c 96 s 3;6

(12) RCW 70.58.070 (Registration of births required) and 1907 c783 s 11;8

(13) RCW 70.58.080 (Birth certificates—Filing—Establishing9paternity—Surname of child) and 2002 c 302 s 708, 1997 c 58 s 937,101989 c 55 s 2, 1961 ex.s. c 5 s 8, 1951 c 106 s 6, & 1907 c 83 s 12;11

(14) RCW 70.58.082 (Vital records—Rules—Release of copies) and122005 c 365 s 152 & 1997 c 108 s 1;13

(15) RCW 70.58.085 (Birth certificates suitable for display—14Issuance—Fee—Disposition of funds) and 2004 c 53 s 1 & 1987 c 351 s156;16

(16) RCW 70.58.095 (New certificate of birth—Legitimation,17paternity—Substitution for original—Inspection of original, when—18When delayed registration required) and 2012 c 117 s 387, 1983 1st19ex.s. c 41 s 14, 1975-'76 2nd ex.s. c 42 s 38, & 1961 ex.s. c 5 s 21;20

(17) RCW 70.58.098 (Information regarding credit report security21freeze) and 2016 c 135 s 3;22

(18) RCW 70.58.100 (Supplemental report on name of child) and231915 c 180 s 8 & 1907 c 83 s 14;24

(19) RCW 70.58.104 (Reproductions of vital records—Disclosure of25information for research purposes—Furnishing of birth and death26records by local registrars) and 1991 c 96 s 4 & 1987 c 223 s 2;27

(20) RCW 70.58.107 (Fees charged by department and local28registrars) and 2007 c 200 s 2 & 2007 c 91 s 2;29

(21) RCW 70.58.110 (Delayed registration of births—Authorized)30and 1953 c 90 s 2, 1943 c 176 s 1, & 1941 c 167 s 1;31

(22) RCW 70.58.120 (Delayed registration of births—Application—32Evidence required) and 1961 ex.s. c 5 s 9, 1953 c 90 s 3, 1943 c 17633s 2, & 1941 c 167 s 2;34

(23) RCW 70.58.130 (Delayed registration of births—Where35registered—Copy as evidence) and 1961 ex.s. c 5 s 10, 1953 c 90 s 4,361951 c 106 s 2, 1943 c 176 s 4, & 1941 c 167 s 4;37


(24) RCW 70.58.145 (Order establishing record of birth when1delayed registration not available—Procedure) and 2012 c 117 s 388 &21961 ex.s. c 5 s 20;3

(25) RCW 70.58.150 ("Fetal death," "evidence of life," defined)4and 1961 ex.s. c 5 s 11 & 1945 c 159 s 5;5

(26) RCW 70.58.160 (Certificate of death or fetal death required)6and 2005 c 365 s 153, 1961 ex.s. c 5 s 12, & 1945 c 159 s 1;7

(27) RCW 70.58.170 (Certificate of death or fetal death—By whom8filed) and 2009 c 231 s 2, 2005 c 365 s 154, 2000 c 133 s 1, 19799ex.s. c 162 s 1, 1961 ex.s. c 5 s 13, & 1945 c 159 s 2;10

(28) RCW 70.58.175 (Certificate of death—Domestic partnership11information) and 2007 c 156 s 32;12

(29) RCW 70.58.180 (Certificate when no physician, physician's13assistant, or advanced registered nurse practitioner in attendance—14Legally accepted cause of death) and 2009 c 231 s 3, 2005 c 365 s15155, 2000 c 133 s 2, 1961 ex.s. c 5 s 14, 1953 c 188 s 5, & 1945 c16159 s 3;17

(30) RCW 70.58.190 (Permit to dispose of human remains when cause18of death undetermined) and 2005 c 365 s 156 & 1945 c 159 s 4;19

(31) RCW 70.58.210 (Birth certificate upon adoption) and 197920ex.s. c 101 s 2, 1975-'76 2nd ex.s. c 42 s 40, 1943 c 12 s 1, & 193921c 133 s 1;22

(32) RCW 70.58.230 (Permits for burial, removal, etc., required—23Removal to another district without permit, notice to registrar, fee)24and 2009 c 231 s 4, 2005 c 365 s 157, 1961 ex.s. c 5 s 16, 1915 c 18025s 3, & 1907 c 83 s 4;26

(33) RCW 70.58.240 (Duties of funeral directors) and 2009 c 231 s275, 2005 c 365 s 158, 1961 ex.s. c 5 s 17, 1915 c 180 s 6, & 1907 c 8328s 8;29

(34) RCW 70.58.250 (Burial-transit permit—Requisites) and 2009 c30231 s 6, 1961 ex.s. c 5 s 18, & 1907 c 83 s 9;31

(35) RCW 70.58.260 (Burial grounds—Duties of individual in charge32of the premises) and 2009 c 231 s 7, 2005 c 365 s 159, 1915 c 180 s337, & 1907 c 83 s 10;34

(36) RCW 70.58.270 (Data on inmates of hospitals, etc.) and 201235c 117 s 389 & 1907 c 83 s 16;36

(37) RCW 70.58.280 (Penalty) and 2003 c 53 s 353, 1915 c 180 s3712, & 1907 c 83 s 21;38


(38) RCW 70.58.380 (Certificates for out-of-state marriage1license requirements) and 1981 c 284 s 1;2

(39) RCW 70.58.390 (Certificates of presumed death) and 2005 c3365 s 160 & 1981 c 176 s 1;4

(40) RCW 70.58.400 (Certificate of death—Presence of methicillin-5resistant staphylococcus aureus (MRSA)) and 2009 c 244 s 3; and6

(41) RCW 70.58.900 (Construction—Chapter applicable to state7registered domestic partnerships—2009 c 521) and 2009 c 521 s 153.8

NEW SECTION. Sec. 39. SEVERABILITY. If any provision of this9act or its application to any person or circumstance is held invalid,10the remainder of the act or the application of the provision to other11persons or circumstances is not affected.12

NEW SECTION. Sec. 40. EFFECTIVE DATE. This act takes effect13January 1, 2021.14

NEW SECTION. Sec. 41. CODIFICATION DIRECTIVE. Sections 115through 28 and 40 of this act constitute a new chapter in Title 7016RCW.17

--- END ---


2019-21 Biennium BudgetDecision Package

Agency: 303 - Department of HealthDecision Package Code-Title: 2B - Modernize Vital Records LawBudget Session: 2019-21 RegularBudget Level: Policy LevelContact Info: Ryan Black

(360) [email protected]

Agency Recommendation SummaryCurrent vital records law does not provide adequate protec ons against iden ty the and fraud. Many partsof the statute have not been updated since 1907, making the law outdated, confusing, and inconsistent withcurrent state and na onal best prac ces. The Department of Health is developing agency request legisla onfor the 2019 legisla ve session to modernize the vital sta s cs law (chapter 70.58 RCW) based on a na onalmodel law developed by the Na onal Center for Health Sta s cs and Na onal Associa on for Public HealthSta s cs and Informa on Systems.

Fiscal SummaryDollars in Thousands

Opera ng Expenditures FY 2020 FY 2021 FY 2022 FY 2023

Fund 001 - 7 $95 $304 $136 $136

Total Expenditures $95 $304 $136 $136

Biennial Totals $399 $272

Staffing FY 2020 FY 2021 FY 2022 FY 2023

FTEs 0.4 2.2 1.5 1.5

Average Annual 1.3 1.5

Object of Expenditure FY 2020 FY 2021 FY 2022 FY 2023

Obj. A $32 $124 $89 $89

Obj. B $12 $43 $31 $31

Obj. C $38 $99 $0 $0

Obj. E $9 $18 $6 $6

https://abs.ofm.wa.gov/budget/2019-21/R/303/versions/20/decision-pack...

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Object of Expenditure FY 2020 FY 2021 FY 2022 FY 2023

Obj. J $1 $5 $0 $0

Obj. T $3 $15 $10 $10

Revenue FY 2020 FY 2021 FY 2022 FY 2023

001 - 0597 $0 $308 $615 $615

02K - 0421 $0 $870 $1,740 $1,740

Total $0 $1,178 $2,355 $2,355

Biennial Totals $1,178 $4,710

Package DescriptionThe Department of Health (DOH) administers Washington’s vital records system, which is supported by a feethat is set in statute. It manages approximately 14 million birth, death, marriage, and divorce records da ngback to 1907, with over 200,000 new records added each year. Vital records serve as documentary proof ofa life event, which the public uses to prove iden ty, ci zenship, and rela onship to others in order to get apassport or driver license, enroll a child in school, or obtain Social Security or other benefits and services.

What is the problem, opportunity or priority you are addressing with the request?

DOH is developing agency request legisla on for the 2019 legisla ve session to modernize the vital sta s cslaw (chapter 70.58 RCW) because the current law does not provide adequate protec ons against iden tythe and fraud. Many parts of the statute have not been updated since 1907, making the law outdated,confusing, and inconsistent with current state and na onal best prac ces. The proposed legisla on is basedon a na onal model law developed by the Na onal Center for Health Sta s cs and Na onal Associa on forPublic Health Sta s cs and Informa on Systems (NAPHSIS).

What is your proposed solu on?The proposal includes the following changes:

Limit the release of cer fied copies or “cer ficates” of vital records to a qualified applicant, who is thesubject of the record or a person who has a legal rela onship with the subject (e.g., the registrant’sspouse or domes c partner, child, parent, step parent, sibling, grandparent, grandchild, legalguardian, legal representa ve, or authorized representa ve; or government agency or court in theconduct of its official du es). Require all applicants to provide iden fica on and proof of eligibility. Give qualified applicants the op on to purchase a “short” form death cer ficate that does not contain causeand manner of death informa on to protect the decedent’s sensi ve medical informa on. Allow the release of non-cer fied informa onal copies of birth and death records to the public (i.e., mediaand genealogists). The informa onal copy of a death record would not display cause and manner of deathinforma on. Permit government agencies and Tribal governments to access confiden al birth informa on for


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non-research public health work by signing a data sharing agreement. Release death data with a signed data sharing agreement. The data sharing agreement establishesparameters to secure the sensi ve data. Shorten the registra on meline for repor ng deaths to allow quicker access to death cer ficates forfamilies and more real- me data to monitor trends, study risks, and track key health issues such as opioidoverdose, suicide,and diabetes mortality.Transfer custody of vital records to State Archives a er specified meframe so the public can access theserecords for genealogical purposes (e.g., 100 years for births and 50 years for deaths, marriages, anddivorces). Gender neutralize the language to reflect social and legal changes, marriage equality, and the 2017 UniformParentage Act. Increase the cer ficate fee from $20 to $25 and allow the DOH to establish new fees in rule forprogramma c services that currently are subsidized by the cer fica on fee (i.e., amendments and data files).In 2023, the fund balance will run out, and the cer fica on fee will no longer cover the development andmaintenance of the vital records system.

In addi on, the proposal makes the following key administra ve changes (not an inclusive list):

Updates language to reflect current prac ce and technology,Clearly exempts cer fied copies of records from the public records act,Fixes an error in the fee distribu on language,Requires Local Health Jurisdic ons (LHJs) to submit monthly reports on number of cer ficates andinforma onal copies issued and the amount of fees collected,Authorizes rulemaking to implement the changes in the law, andOrganizes content in a logical way.

The proposal includes a January 1, 2021 effec ve date in order to allow me for rule making and changes tothe DOH’s vital records system.

Impacts and Controversial areas an cipated:

Closing access to birth and death cer ficates and informa on contained in the record will be a majorpolicy shi . Why is this important?

Many people are o en surprised that anyone can access their birth cer ficate or a family member’sdeath cer ficate with li le informa on. Restric ng access to cer fied copies protects families andsubjects of the record from fraud and inappropriate use of the record. DOH an cipated opposi onfrom supporters of open public records and a er conversa ons with stakeholders, the proposal allowsthe public to access non-cer fied informa onal copies. Informa onal copies are not recognized bygovernment en es as documentary proof. The proposal creates a stronger deterrent to fraud andthe than current prac ce.LHJs issue birth and death cer ficates and will be required to comply with closing birth and deathcer ficates and provide informa onal copies. Five LHJs (Tacoma-Pierce, Whatcom, Grays Harbor,Lewis, and Aso n) have their own in-house web-based ordering system that will not be able to verifyiden ty and validate eligibility. The proposal will require either a change or a replacement to their

1.


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system, or they can direct customers to VitalChek (a third party vital records ordering company).

DOH is proposing release of birth and death records to the State Archives a er 100 and 50 years,respec vely. Why so long?

The meframes for releasing vital records to the public domain through the transfer of custody toState Archives may be conten ous with supporters of open public records who believe these

meframes are too long. Model law suggests that the meframes for transferring custody to StateArchives are 125 years for births, 75 years for death, and 100 years for marriage and divorce. The StateArchivist advocated the release of all records at 75 years. A er mee ng with stakeholders, theproposal was adjusted. Records transferred to State Archives provides the public a less costly op on than purchasing acer fied copy. Currently, records are not released into the public domain today, meaning you can onlypurchase a cer fied copy. DOH is proposing access to informa onal copies and the cost will be thesame as cer fied copies.

2.

The DOH is proposing changing the repor ng meline for death cer ficates. Is this reasonable? What docompliance rates look like today?

The DOH proposes changing the death repor ng requirement from 5 business days to 5 calendar days.The 5 calendar day requirement pertains to the funeral home and medical cer fier sending the reportof death or fetal death to the LHJ within 5 calendar days from the date the death occurred. Duringstakeholder mee ngs with LHJs and Medical Examiners, DOH heard some concern about the calendardays falling on a weekend or holiday, or not having the cause of death results from the state toxicologylab.

Due to reasons listed below, the 5 calendar day requirement is an achievable meframe:

Funeral homes work seven days a week.1.

Medical Examiners can file a report of death with “pending” as the cause of death un l theresults are received from the state toxicology lab.

2.

Death registra on is 100% electronic. 3.

In 2017, there were 56,973 deaths in Washington State. Only 19% of the deaths were reporteda er 5 business days and 0.09% fell on a weekend.

This change will allow the DOH to get death data to NCHS quicker, thus allowing cause of deathcoding to be returned sooner. This supports important surveillance and public health work.

4.

A changes to the death repor ng meline will allow families to get cer ficates sooner. There is a highdemand from the public to have cer ficates issued sooner. Families o en ask for death cer ficateswithin the same week a death occurred.

3.

The DOH is proposing to add rule making authority to establish fees for programma c services. Why is thisneeded?

4.


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The proposal seeks rule making authority to establish fees for programma c services in order to reducethe reliance on the cer fica on fee and distribute the cost to those using the service, such as charging afee to make a legal name change to a birth cer ficate. The majority of the states have addi onal fees tocover programma c costs that cer ficate fees cannot cover to achieve cost recovery. There is some riskof opposi on to adding fees for services.

Other poten al impacts:

It may be harder for certain individuals, such as the homeless or those estranged from family, to get cer fiedcopies of vital records if they cannot provide documenta on. However, the proposal does allow for anexcep on process when required documenta on cannot be provided.

Costs for ordering a cer ficate by web or phone through the service provider, VitalChek, will increase $3 dueto the requirement to verify the iden ty of the person ordering the cer ficate. This may dispropor onatelyimpact people in rural areas where a vital records office is not in close proximity.

What alterna ves did you explore and why was this op on chosen?

1. Not taking ac on means Washington State is more open to iden ty the and fraud that could result inpublic distrust. Access to birth cer ficates is restricted in 38 states and death cer ficates in 35 states,including Oregon, Alaska, Utah, and Idaho for both. DOH hears from the public at the state and locallevels when they purchase cer ficates that they are shocked DOH does not require iden fica on. Parentsare concerned knowing anyone can receive their child’s birth cer ficate. A er conversa ons withstakeholders, DOH’s proposal is to close access to cer fied copies of birth and death records, but allowthe public to access non-cer fied informa onal copies. This approach creates a stronger deterrent tofraud and the than current prac ce. Informa onal copies are not recognized by government en es asdocumentary proof. Only a cer fied copy can do that. As the trend moves to close cer ficates across thecountry, and if Washington State remains open, the State may become one of the main targets foriden ty the and fraud.


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2. Not taking ac on on the issue means DOH will con nue to be out of alignment with currentWashington State prac ce and na onal best prac ces. An example is the requirement for LHJs to submitbirth records to DOH. This has not been the prac ce for 26 years because birth registra on is electronic.Addi onally, the proposal allows DOH to amend vital records, which is not men oned in the exis ng law.

3. From an agency perspec ve, DOH may not qualify for future vital records Public Health Accredita onBoard (PHAB) Vital Sta s cs Accredita on without changes in the enabling statute.

4. The current law is outdated and confusing which lends itself to misinterpreta on and ambiguity whenmaking decisions regarding issuance of cer ficates. This could put DOH at legal risk and con nue to causefrustra on for customers and partners.

5. The proposal seeks a $5 increase to the cer ficate fee and fee authority for programma c services. Of the $5fee increase, $2 will be retained by DOH or LHJ, who ever issues the cer ficate. Without a fee increase, DOH’sfund balance will run out in FY 2023, and the cer ficate fee will no longer cover the development andmaintenance of the Washington State vital records system. LHJs with higher issuance volume are facing funddeficits and LHJs with lower issuance volume rely on these funds to offset program costs. The remaining $3 willbe transferred into to the Death Inves ga on Account (DIA). DOH partnered with the Washington Associa on ofCounty Officials (WACO) and Washington Associa on of Coroners and Medical Examiners (WACME) to includetheir fee increase into this proposal. The DIA fee increase will be used for death inves ga on training, na onalaccredita on, and funding for an autopsy reimbursement program. The $5 increase to the cer ficate fee and feeauthority for programma c services will be effec ve January 1, 2021 when the proposed bill goes into effect.

The $2 cer ficate fee increase and fee authority for programma c services for DOH will pay for:Maintaining and making improvements to the vital records system to address DOH’s and LHJs’ businessneeds,

1.

Digi ze all remaining paper records to prevent risk of loss, 2. Replace Electronic Death Registra on System (EDRS) before end of lifecycle by integra ng it into WashingtonHealth And Life Events System (WHALES),

3.

Move hos ng site for the vital records system and other vital records IT applica ons to the cloud,4. Support a vital records data quality improvement program, 5. Test the Con nuity of Opera ons Plan, and6. Seek program accredita on through PHAB.

Authorizing DOH to establish new fees in rule for programma c services that currently are subsidized by thecer fica on fee (i.e., amendments and data files) will help reduce the need to increase the cer ficate fee inthe future.

7.

Assumptions and Calculations

Expansion or altera on of a current program or service:


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The proposal is an altera on to current services with $5 increase to the cer ficate fee and fee authorityfor programma c services. Of the $5 fee increase, $2 will be retained by DOH or LHJ, who ever issues thecer ficate. Without a fee increase, DOH’s fund balance will run out in FY 2023, and the cer ficate feewill no longer cover the development and maintenance of the Washington State vital records system.LHJs with higher issuance volume are facing fund deficits and LHJs with lower issuance volume rely onthese funds to offset program costs. The remaining $3 will be transferred into to the Death Inves ga onAccount (DIA). DOH partnered with the Washington Associa on of County Officials (WACO) andWashington Associa on of Coroners and Medical Examiners (WACME) to include their fee increase intothis proposal. The DIA fee increase will be used for death inves ga on training, na onal accredita on,and funding for an autopsy reimbursement program. The $5 increase to the cer ficate fee and feeauthority for programma c services will be effec ve January 1, 2021 when the proposed bill goes intoeffect.

The $2 cer ficate fee increase and fee authority for programma c services for DOH will pay for:

Maintaining and making improvements to the vital records system to address DOH’s and LHJs’business needs,

Digi ze all remaining paper records to prevent risk of loss,

Replace EDRS before end of lifecycle by integra ng it into WHALES,

Move hos ng site for the vital records system and other vital records IT applica ons to the cloud,

Support a vital records data quality improvement program,

Test the Con nuity of Opera ons Plan, and

Seek program accredita on through PHAB.

Authorizing DOH to establish new fees in rule for programma c services that currently are subsidized bythe cer fica on fee (i.e., amendments and data files) will help reduce the need to increase thecer ficate fee in the future.

During the 2015-17 bienium, the total expenses of the Vital Records – Local account was $8,630,791.

Total revenue during this period was $6,917,531.

Through FM 11 of the 2017-19 bienium, the total expenses of the Vital Records – Local account is

$3,191,815. Total revenue during this period was is $3,628,458.


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Detailed assump ons and calcula ons:

One-Time Costs for Implemen ng the Proposal:

Vital Records Electronic System

One- me costs in FY20 include changes to the WHALES system to add the op onal short form death

cer ficate and modify the exis ng Point of Sale (POS) module. The costs will be paid to the vendor tomodify the system.

Based on a quote received by the vendor the es mated costs will be $37,575 for short death form

and Rough Order of Magnitude (ROM) of $99,479 for POS in FY21. DOH will absorb the costs.

Rulemaking

The rulemaking for the proposal will be extensive and require more resources because there will be a

number of new processes. The rules will be complex and will involve mul ple stakeholders with

different interests and impacts. For example, the stakeholders for birth registra on will be different

than death registra on.

The es mated cost of rulemaking is based on the following assump ons:

The rulemaking ac vity will take 18 months to implement.

At least ten stakeholder mee ngs, rule workshops and one formal hearing will be held at noaddi onal cost because we will use webinars and agency facili es. No travel cost is an cipated.

A orney General me will be 80 hours of Assistant A orney General and paralegal me for rulereview.

0.50 FTE of MA5 for rule wri ng prep work, stakeholder mee ngs and rules hearing.

Rule making costs for FY 2020 will be $57,000 including .30 FTE and 40 hours AAG costs. In FY 2021

costs will be $30,000 including .20 FTE and 40 hours AAG costs.

Ongoing Costs for Implemen ng the Proposal:

Issuance Assump ons

DOH assumes there will be roughly 590,000 cer ficates per year issued statewide (based on 2017 data).About 95% of the cer ficates issued will be birth and death cer ficates and will require addi onal


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resources to verify iden ty and proof of rela onship documents. The amount of resources is an cipatedto decrease over me as DOH staff become more efficient at verifying documents. DOH is unsure aboutwhether or not there will be a decrease in issuance by closing records, however this will be offset by therequests for informa onal copies which will cost the same as a cer fied copy.

The current service provider, VitalChek, will be responsible for providing the service to verify iden ty foronline and phone orders. DOH and LHJ will be responsible for verifying rela onship to the subject of therecord in some instances. This does mean VitalChek will increase the cost to the purchaser to cover theaddi onal work. VitalChek already charges a processing fee today. Their service fee does not impact theDOH’s work or costs as it is an op onal service the purchaser chooses to use.

Costs beginning in January 2021 include an increase in 1.0 FTE HSC1 and 0.5 FTE HSC2 to meet serviceneeds and not have a backlog in cer ficate orders. Ongoing costs star ng in FY2021 will require anaddi onal 1.0 FTE HSC2 to verify iden ty and proof of rela onship documents for access to a birth ordeath cer ficates. Total cost is FY 2021 is $162,000, star ng in FY 2022 ongoing costs are $114,000 peryear.

Data Sharing Assump ons

These assump ons are based on requests for standard data files. It does not include custom data fileorders as DOH cannot an cipate how many or the amount of me it may spend on those requests in thefuture.

Based on the number of 2017 data orders, DOH assumes an increase of 65 data sharing agreements peryear for birth and death data. Today, anyone can purchase any of the standard death data files bycomple ng an order form and sign a statement that they will not use the data for commercial purposes.If the proposal is adopted, agencies or individuals reques ng death data files will need to complete adata sharing agreement. DOH expects an increase in data sharing agreements for birth data files asgovernment agencies will be able obtain confiden al birth data for public health work.

There will be addi onal costs beginning January 2021 to process and review an es mated addi onal 65data sharing agreements a year for birth and death data files that do not require a data sharingagreement today. This does not include me to create and distribute files because the Departmentdoesn’t an cipate an increase the number of data files requested. For example, one data shareagreement may include the purchase of several data files over several years.

Ongoing costs beginning FY 2021 include an increase in staff me 0.10 FTE AA3 and .05 FTE Epi 2 and .03


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FTE Senior Epi to process the addi onal data sharing agreements each year. Total cost is FY 2021 is$12,000, star ng in FY 2022 ongoing costs are $22,000 per year. If DOH receives fee authority forprogramma c services, it an cipates offse ng some of the data sharing costs through the fee.

Revenue Es mates and Assump ons for Establishing Fees for Programma c Services (amendments,data files, and delayed birth):

The proposal seeks rule making authority to establish addi onal fees. A majority of the states haveaddi onal fees to cover programma c costs that cer ficate fees cannot cover to achieve cost recovery.For example, in addi on to their cer ficate fee, Oregon’s fee for correc ons/amendments is $35;California’s fee is $23, and Alaska’s is $60. DOH currently charge fees for adop ons in chapter 26.33 RCWand parentage in chapter 26.26A RCW.

Addi onal fees set through rule making might include:

Amendment fee: In 2017, DOH processed 61,201 amendments. DOH projects 13,704 amendmentswill require a fee. DOH will not charge for correc ons made within a year by hospitals or funeralhomes. The proposed fee for amendment would be $30.

Data file fee: In 2017, DOH produced about 750 data files. Files can contain 50,000+ vital recordsinforma on. A current vital records data file is $20 per file. DOH an cipates increasing the data filefee to $50 per data file, although this does not achieve cost recovery.

Delayed birth registra on: On average, DOH processes 62 delayed birth registra ons per year. Theproposed fee for delayed birth registra on, would be $25 based on other state’s fees, and doesnot include the cost of the cer ficate. This does not achieve cost recovery. Other states, forexample, in addi on to their cer ficate fee, charge a delayed birth registra on fee. Oregon’sdelayed birth registra on fee is $35, California’s is $23, and Alaska’s is $30.

Expedite fee: Majority of states have an expedite fee; Oregon’s expedite fee is $7, Alaska’s is $11,and Utah’s is $15. DOH proposes adding an expedite fee of $5.

Brief Adjudica ve Proceedings

The proposal includes an op on for a brief adjudica ve proceeding (BAPs) when a registra on,amendment, or issuance of a record is denied. DOH an cipates the number of poten al BAPs will be onea year based on previous experience. A majority of the me DOH is able to resolve issues by workingwith the customer to obtain the correct informa on or documenta on. DOH an cipates absorbing this


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cost.

Workforce Assump ons:See a ached FNCal.

Strategic and Performance Outcomes

Strategic framework:Governor’s Priori es:

Assessment – Vital records are used extensively for public health surveillance and epidemiology. Theproposal would allow government agencies to use confiden al birth data for non-research public healthwork. Government agencies and the public will con nue to have access to death data.

Policy development and support/Business competencies – Upda ng the vital records law to reflectna onal best prac ce, Washington State prac ces, and current technology is crucial if DOH wants toqualify for future vital records PHAB Accredita on. The proposal also addresses frustra ons andconcerns expressed by government partners and stakeholders surrounding the current vital records law.

Healthy and safe communi es – Restric ng access to birth and death cer ficates protects the public byreducing the possibility of iden ty the and preven ng fraud.

Efficient, effec ve and accountable government – Upda ng the vital records law creates efficiencies bypoten ally reducing me and resources spent resolving ques ons as result of ambiguity in the law. It willallow DOH to adopt rules to clarify processes and requirements, and repor ng of cer ficates issued andrevenue generated by LHJs. There could be a cost savings to agencies as a result of poten al decrease iniden ty the and savings from decreased abuse of benefits or services.

Department of Health Priori es:

Vital records is considered a founda onal public health program and assessment is a cross-cu ngfounda onal capability. Upda ng the Vital Records law enhances important public health work byrequiring melier repor ng ofdeaths for more real- me data and data monitoring; quicker access todeath cer ficates for families; and creates na onal uniformity in the meliness and consistency of datareported to the CDC’s Na onal Center for Health Sta s cs.


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The proposal increases security of birth and death cer ficates while also allowing public access tonon-cer fied informa onal copies.

The proposal transfers custody of vital records to State Archives a er 100 years for births and 50 yearsfor deaths. This will poten ally be a less costly op on for genealogical purposes.

The proposal creates an avenue for government agencies doing non-research public health work toaccess confiden al birth informa on without Washington State Ins tu onal Review Board (WSIRB)review. Government agencies conduc ng surveillance, program evalua on, policy planning andimplementa on, administering services, health promo on, and disease preven on will sign a datasharing agreement instead of trying to modify their work to allow WSIRB review.

Performance outcomes:Efficient, effec ve, and accountable government:

Upda ng the vital records law creates efficiencies by poten ally reducing me and resourcesspent resolving ques ons as result of ambiguity in the law.

It will allow the Department to adopt rules to clarify processes and requirements, tracking andrepor ng of cer ficates issued and revenue generated by LHJs.

There could be a cost savings to agencies as a result of poten al decrease to iden ty theresul ng in benefits or services fraud.

The $2 cer ficate fee increase to cover future technology replacements for fully electronicprocesses. Fully electronic processes increases the meliness of registra on and issuance of vitalrecords.

The proposal increases the meliness of repor ng of birth and death registra ons so families canpurchase birth and death cer ficates sooner.

Government agencies and tribal governments will be able to access confiden al birth record databy signing a data sharing agreement. Death record data will be available to anyone who signs adata sharing agreement. The proposal will create an increase to the number of data sharingagreements but allow the Department to track how the data is used to be er understand theneeds of the Department’s customers.

Other Collateral Connections

Intergovernmental:Local Health Jurisdic ons (LHJs): DOH worked closely with the LHJs during the dra ing of theproposal and an cipate overall support of the proposal. LHJs issue birth and death cer ficates andwill be required to comply with closing birth and death records. LHJs will be impacted by increased


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processing me of cer ficate orders as a result of the requirement to verify iden ty and eligibility.The volume of cer ficates varies by county. These costs will be offset by the $2 increase in fee forcer fied and informa onal copies of birth and death records. In addi on, they will be required toreport the volume of cer ficates issued and amount of revenue to DOH on a monthly basis. Theycurrently report revenue but not volume of cer ficates issued. Five LHJs (Tacoma-Pierce,Whatcom, Grays Harbor, Lewis, and Aso n) have their own in-house web-based ordering systemthat will not be able to verify iden ty and validate eligibility. The proposal will require either achange or a replacement to their system, or they can direct customers to VitalChek (a third partyvital records ordering company). The $2 increase to the cer ficate fee will be retained by the LHJwho issues the cer ficate.

Tribal governments: DOH an cipates no impact as Tribal governments will have the same accessto vital records and data files as government agencies.

Secretary of State, State Archives: DOH an cipates the State Archivist to oppose the proposalbecause they support open public records. The proposal increases security of birth and deathcer ficates while also allowing public access to records a er an appropriate amount of me.Today, birth and death records are never released to the public domain. This proposal allowsanyone to access that informa on through Secretary of State, State Archives a er 100 years forbirths and 50 years for deaths.

State agencies, city governments, and higher educa on ins tu ons such as Health CareAuthority, Department of Social and Health Services, Department of Ecology, Department of EarlyLearning, Office of Financial Management, City of Tacoma, University of Washington, Departmentof Re rement Systems, Department of Licensing, and Secretary of State Elec ons all receive vitalrecords data on a rou ne basis. The proposal creates an avenue for government agencies andtribal governments to access confiden al birth data for non-research public health purposes.Under the exis ng statute, only confiden al birth data is released for research purposes. Theirexis ng access to other data will not change. DOH an cipates they will be neutral to the proposal.

Office of the A orney General- Sunshine Commi ee: DOH an cipates the Sunshine Commi eewill oppose the proposal because they support open public records. DOH is in the process ofscheduling a mee ng. Allowing access to informa onal copies could help mediate the opposi on.

Stakeholder response:The Department an cipates support from ACLU, Legal Voice, Ancestry, Family Search, and WashingtonState Local Public Health Officials (WSALPHO). ACLU and Legal Voice are suppor ve of closing birth anddeath cer ficates to protect individual’s informa on. They are also suppor ve of the gender neutralized


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language to reflect social and legal changes such as marriage equality and the 2017 Uniform ParentageAct. The Department met with Ancestry and Family Search to work on the meframes for releasingcustody of vital records to the state archivist. The Department decreased the meframe from 125 yearsto 100 years for births and 100 years to 50 years for death, marriage, and divorce. Ancestry and FamilySearch are suppor ve of these meframes because it aligns with other closed states. The Departmentworked with WSALPHO during the dra ing of the proposal and held numerous mee ngs and webinarsto talk through the poten al changes.

The Department an cipates some opposi on from the Washington Newspaper Publishers Associa on,Allied Daily Newspapers of Washington, Washington Coali on for Open Government because theysupport open public records. Allowing access to informa onal copies could help mediate theopposi on.

The Department an cipates neutral support from the Washington Adop on Reunion Movement(WARM), Washington Associa on of Prosecu ng A orneys, Washington State Hospital Associa on,Washington Associa on of Coroners and Medical Examiners, Washington Associa on of County Officials(WACO), Washington Associa on of Coun es (WSAC), and State Board of Health. The Departmentan cipates no impact to their business func ons. The proposal updates language to reflect currentprac ce and technology, organizes content in a logical way, and clarifies ambigui es in the law, which arecurrent frustra ons for these organiza ons.

Legal or administra ve mandates:N/A

Changes from current law:The proposal overhauls the exis ng statute chapter 70.58 RCW. Changes to chapters 246-490 & 246-491WAC will be required once the proposed bill passes.

State workforce impacts:N/A

State facili es impacts:N/A

Puget Sound recovery:N/A

Agency Questions

Did you include cost models and backup assump ons?See a achments

Reference Documents


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2B Modernize Vital Records Fee Summary.xlsx2B Modernize Vital Records Law FNCal.xlsm2B Modernize Vital Records Law IT_Addendum.docx

IT Addendum

Does this Decision Package include funding for any IT-related costs, including hardware, so ware,(including cloud-based services), contracts or IT staff?Yes2B Modernize Vital Records Law IT_Addendum.docx


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