Rule-Making Activities

Vital Records – Registration, Amendment, and Certification Updates

On January 27, 2023, the Department filed WSR 23-04-062, a Preproposal Statement of Inquiry, to consider adopting new rules and amending existing rules regarding vital records. Between 2018 and 2021, the state legislature amended the Uniform Parentage Act, replaced the vital statistics statute, and added a certification of birth resulting in stillbirth. Each statutory change affected program practices and products. The department is considering updating rule to reflect these process changes.

In addition to statutory changes, the National Center for Health Statistics (NCHS) standards for birth and fetal death record items changed significantly in 2014. The department is considering aligning the statistical items collected through vital records with the new NCHS standards.

Changes considered during this rulemaking may:

• Establish registration and amendment requirements for vital records.
• Update or add program processes.
• Adopt fees associated with amendment and delayed birth applications.
• Adopt or adjust fees associated with the issuance of certifications and informational copies.
• Add or remove data items collected in a vital record.
• Expand use of electronic registration of a vital event.
• Make editorial and technical changes to align with statutory changes.
• Repeal obsolete sections of rule.

To receive rule making notices by email and for any questions about this rule making activity, contact VitalRecordsRules@doh.wa.gov.

Death with Dignity Act Rulemaking

On August 14, 2023, the Department filed WSR 23-17-071, a rule-making order to adopt the proposed changes to chapter 246-978 WAC.

Adopted Changes

The adopted changes realign the rule chapter with the amendments made to chapter 70.245 RCW, The Washington Death with Dignity Act, during the 2023 legislative session.

• Updates definitions by replacing the duplicate definitions with a cross-reference to statute and removing definitions no longer in use.
• Replaces “physician” with “qualified medical provider” throughout the chapter.
• Replaces the mailing address with “electronically, by mail, or fax”.
• Removes the publication number after the form name.
• Repeals WAC 246-978-030 to remove duplicated language and prevent potential conflicts between statute and rule.
• Repeals WAC 246-978-040 because statute no longer requires it.
• Makes style changes throughout the chapter that do not change the meaning of the rule.

The adopted rule is the same as the proposed rule filed as WSR 23-12-093. We received one written comment and no testimony at the hearing held on July 13, 2023. Written comment supported the proposed changes, and we adopted the proposal without any revisions.

Chapter 246-978 WAC becomes effective September 13, 2023.

Notice: Any person may petition the adoption, amendment, or repeal of any rule under RCW 34.05.330.

To receive rule making notices by email and for any questions about this rule making activity, contact deathwithdignity@doh.wa.gov