Chapter 70.58A RCW
VITAL STATISTICS
Sections
GENERAL PROVISIONS
70.58A.005 Purpose.
70.58A.010 Definitions.
70.58A.020 Rule-making authority.
70.58A.030 Appointment of the state registrar.
70.58A.040 Duties of the state registrar.
70.58A.050 Appointment of local and deputy registrars.
70.58A.060
Vital records system security requirements—Fraud
detection—Data validation.
70.58A.070 Mandatory use of prescribed forms, reporting of data
required for registration.
LIVE BIRTH
70.58A.100
Live birth of child of known parentage—Reporting and
registration requirements.
70.58A.110
Live birth of child of unknown parentage—Reporting and
registration requirements.
70.58A.120
Delayed report of live birth—Registration requirements.
70.58A.130 Court-ordered registration of a delayed report of live
birth—Petition and hearing requirements—Burden and
standard of proof.
DEATH
70.58A.200
Reports of death—Filing and registration requirements.
70.58A.210
Final disposition of human remains—Issuance of burial-
transit and disinterment permits.
MARRIAGE AND DOMESTIC PARTNERSHIP
70.58A.300 Registration of reports of marriage.
70.58A.310 Registration of reports of legal separation, dissolution,
and declaration of invalidity of marriage or domestic
partnership.
ADOPTION
70.58A.400
Adoption—Amendment of birth record or registration of
birth—Sealing of original birth record.
ADMINISTRATION AND ENFORCEMENT
70.58A.500
Amendment of vital records—When authorized—Grounds for
denial.
70.58A.510
Preservation of vital records—Transfer to state
archives.
70.58A.520
Disclosure of vital records, data, and vital statistics—
When authorized.
70.58A.530 Issuance of certifications and informational copies of
vital records.
70.58A.540
Vital records not subject to public disclosure—
Exceptions.
70.58A.550 Adjudicative proceedings.
70.58A.560 Fees for certifications or informational copies of vital
records—Exceptions.
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70.58A.570
Duty of local registrar to submit monthly reports—Duty
of state registrar to periodically test and audit
fraud prevention procedures.
70.58A.580
Enforcement—Duties of local registrars—Investigations.
70.58A.590 Penalties.
MISCELLANEOUS PROVISIONS
70.58A.900
Applicability—2019 c 148.
70.58A.901
Effective date—2019 c 148.
70.58A.902
Rule-making authority—2019 c 148.
GENERAL PROVISIONS
RCW 70.58A.005 Purpose. (1) Protection of public health
requires a vital records system that provides proof of vital life
events and gathers population health data for assessment, evaluation,
research, and other public health purposes. An efficient and effective
vital records system is a foundational public health service to
support a healthy and productive population.
(2) The purpose of this chapter is to provide a framework for
ongoing administration of a single comprehensive vital records system
in the state that is operated and maintained by the department, under
the supervision of the state registrar, to preserve the security,
integrity, and confidentiality of state vital records and vital
statistics, established under RCW 43.70.130 and this chapter. [2019 c
148 s 1.]
RCW 70.58A.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly requires
otherwise.
(1) "Adult" means a person who is at least eighteen years of age,
or an emancipated minor under chapter 13.64 RCW.
(2) "Amendment" means a change to a certification item on the
vital record.
(3) "Authorized representative" means a person permitted to
receive a certification who is:
(a) Identified in a notarized statement signed by a qualified
applicant; or
(b) An agent identified in a power of attorney as defined in
chapter 11.125 RCW.
(4) "Certification" means the document, in either paper or
electronic format, containing all or part of the information contained
in the original vital record from which the document is derived, and
is issued from the central vital records system. A certification
includes an attestation by the state or local registrar to the
accuracy of information, and has the full force and effect of the
original vital record.
(5) "Certification item" means any item of information that
appears on certifications.
(6) "Coroner" means the person elected or appointed in a county
under chapter 36.16 RCW to serve as the county coroner and fulfill the
responsibilities established under chapter 36.24 RCW.
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(7) "Cremated remains" has the same meaning as "cremated human
remains" in chapter 68.04 RCW.
(8) "Delayed report of live birth" means the report submitted to
the department for the purpose of registering the live birth of a
person born in state that was not registered within one year of the
date of live birth.
(9) "Department" means the department of health.
(10) "Domestic partner" means a party to a state registered
domestic partnership established under chapter 26.60 RCW.
(11) "Facility" means any licensed establishment, public or
private, located in state, which provides inpatient or outpatient
medical, surgical, or diagnostic care or treatment; or nursing,
custodial, or domiciliary care. The term also includes establishments
to which persons are committed by law including, but not limited to:
(a) Mental illness detention facilities designated to assess,
diagnose, and treat individuals detained or committed, under chapter
71.05 RCW;
(b) City and county jails;
(c) State department of corrections facilities; and
(d) Juvenile correction centers governed by Title 72 RCW.
(12) "Fetal death" means any product of conception that shows no
evidence of life, such as breathing, beating of the heart, pulsation
of the umbilical cord, or definite movement of voluntary muscles after
complete expulsion or extraction from the individual who gave birth
that is not an induced termination of pregnancy and:
(a) Has completed twenty or more weeks of gestation as calculated
from the date the last menstrual period of the individual who gave
birth began, to the date of expulsion or extraction; or
(b) Weighs three hundred fifty grams or more, if weeks of
gestation are not known.
(13) "Final disposition" means the burial, interment, entombment,
cremation, removal from the state, or other manner of disposing of
human remains as authorized under chapter 68.50 RCW.
(14) "Funeral director" means a person licensed under chapter
18.39 RCW as a funeral director.
(15) "Funeral establishment" means a place of business licensed
under chapter 18.39 RCW as a funeral establishment.
(16) "Government agencies" include state boards, commissions,
committees, departments, educational institutions, or other state
agencies which are created by or pursuant to statute, other than
courts and the legislature; county or city agencies, United States
federal agencies, and federally recognized tribes and tribal
organizations.
(17) "Human remains" means the body of a deceased person,
includes the body in any stage of decomposition, and includes cremated
human remains, but does not include human remains that are or were at
any time under the jurisdiction of the state physical anthropologist
under chapter 27.44 RCW.
(18) "Individual" means a natural person.
(19) "Induced termination of pregnancy" means the purposeful
interruption of an intrauterine pregnancy with an intention other than
to produce a live-born infant, and which does not result in a live
birth.
(20) "Informational copy" means a birth or death record issued
from the central vital records system, containing all or part of the
information contained in the original vital record from which the
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document is derived, and indicating it cannot be used for legal
purposes on its face.
(21) "Legal guardian" means a person who serves as a guardian for
the purpose of either legal or custodial matters, or both, relating to
the person for whom the guardian is appointed. The term legal guardian
includes, but is not limited to, guardians appointed pursuant to
chapters 11.130 and 13.36 RCW.
(22) "Legal representative" means a licensed attorney
representing either the subject of the record or qualified applicant.
(23) "Live birth" means the complete expulsion or extraction of a
product of human conception from the individual who gave birth,
irrespective of the duration of pregnancy, which, after such expulsion
or extraction, breathes or shows any other evidence of life, such as
beating of the heart, pulsation of the umbilical cord, or definite
movement of voluntary muscles.
(24) "Local health officer" has the same meaning as in chapter
70.05 RCW.
(25) "Medical certifier" for a death or fetal death means an
individual required to attest to the cause of death information
provided on a report of death or fetal death. Each individual
certifying cause of death or fetal death may certify cause of death
only as permitted by that individual's professional scope of practice.
These individuals include:
(a) A physician, physician's assistant, or an *advanced
registered nurse practitioner last in attendance at death or who
treated the decedent through examination, medical advice, or
medications within the twelve months preceding the death;
(b) A midwife, only in cases of fetal death; and
(c) A physician performing an autopsy, when the decedent was not
treated within the last twelve months and the person died a natural
death.
(26) "Medical examiner" means the person appointed under chapter
36.24 RCW to fulfill the responsibilities established under chapter
36.24 RCW.
(27) "Midwife" means a person licensed to practice midwifery
pursuant to chapter 18.50 RCW.
(28) "Physician" means a person licensed to practice medicine,
naturopathy, or osteopathy pursuant to Title 18 RCW.
(29) "Registration" or "register" means the process by which a
report is approved and incorporated as a vital record into the vital
records system.
(30) "Registration date" means the month, day, and year a report
is incorporated into the vital records system.
(31) "Report" means an electronic or paper document containing
information related to a vital life event for the purpose of
registering the vital life event.
(32) "Sealed record" means the original record of a vital life
event and the evidence submitted to support a change to the original
record.
(33) "Secretary" means the secretary of the department of health.
(34) "State" means Washington state unless otherwise specified.
(35) "State registrar" means the person appointed by the
secretary to administer the vital records system under RCW 70.58A.030.
(36) "Territory of the United States" means American Samoa, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of
Puerto Rico, Guam, and the United States Virgin Islands.
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(37) "Vital life event" means a birth, death, fetal death,
marriage, dissolution of marriage, dissolution of domestic
partnership, declaration of invalidity of marriage, declaration of
invalidity of domestic partnership, and legal separation.
(38) "Vital record" or "record" means a report of a vital life
event that has been registered and supporting documentation.
(39) "Vital records system" means the statewide system created,
operated, and maintained by the department under this chapter.
(40) "Vital statistics" means the aggregated data derived from
vital records, including related reports, and supporting
documentation. [2020 c 312 s 729; 2019 c 148 s 2.]
*Reviser's note: The term "advanced registered nurse
practitioner" was changed to "advanced practice registered nurse" by
2024 c 239 s 1, effective June 30, 2027.
Effective dates—2020 c 312: See note following RCW 11.130.915.
RCW 70.58A.020 Rule-making authority. (1) The secretary shall
have charge of the state vital records system and shall adopt rules to
ensure implementation of the vital records system and this chapter.
(2) The secretary may adopt rules to set fees for services
related to the vital records system including, but not limited to,
expediting requests, verification and access for government agencies,
registering reports of delayed birth, amending vital records, and
releasing vital records and vital statistics.
(3) The state board of health may adopt, amend, or repeal rules
requiring statistical information related to birth and manner of
delivery. [2019 c 148 s 3.]
RCW 70.58A.030 Appointment of the state registrar. The
secretary shall appoint the state registrar in accordance with RCW
43.70.020 and 43.70.150. [2019 c 148 s 4.]
RCW 70.58A.040 Duties of the state registrar. (1) The state
registrar shall administer and enforce the provisions of this chapter
and shall:
(a) Administer the operation and maintenance of the vital records
system to preserve the security, integrity, and confidentiality of
state vital records and vital statistics established under RCW
43.70.130 and 43.70.150 and this chapter;
(b) Prescribe paper and electronic forms needed to carry out the
purposes of this chapter;
(c) Prescribe the information required in forms, reports, vital
records, certifications, or other documents authorized by this
chapter;
(d) Prescribe the means for transmission of data, including
electronic submission, necessary to accomplish the purpose of
complete, accurate, and timely reporting and registration;
(e) Review reports to determine if additional information is
necessary to register the report. If any reports are incomplete, the
state registrar shall require submission of information necessary to
make the record complete;
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(f) Deny or revoke registration of a report or application for an
amendment, or withhold or deny issuance of a certification for the
reasons permitted by this chapter;
(g) Prepare and publish vital statistics pursuant to this
chapter;
(h) Prepare a plan to provide for the continuity of operations of
the vital records system in the event of an emergency;
(i) Take measures to prevent the fraudulent use of vital records;
and
(j) Perform data quality assurance and record matching
activities.
(2) The state registrar may delegate functions and duties vested
in the state registrar under this section to employees of the
department.
(3) The state registrar may appoint a deputy state registrar,
with the concurrence of the secretary, with the same authority granted
to the state registrar under this chapter. [2019 c 148 s 5.]
RCW 70.58A.050 Appointment of local and deputy registrars. (1)
Under the direction and control of the state registrar, the local
health officer of each health jurisdiction is and shall serve as local
registrar.
(2) Subject to the approval of the state registrar, each local
registrar shall appoint a sufficient number of deputy registrars to
perform the duties prescribed by this chapter applicable to local
registrars. The local registrar shall submit each proposed appointment
to the state registrar in writing. The state registrar shall either
approve or deny the appointment in writing prior to the assumption of
duties by the deputy registrar. The state registrar may deny an
appointment for good cause.
(3) The state registrar shall authorize a local or deputy
registrar to access the electronic vital records databases to issue
birth or death certifications upon the local or deputy registrar's
appointment. Access and use of the database by the local or deputy
registrar must be consistent with this chapter.
(4) The state board of health may remove the local health officer
as local registrar upon finding evidence of neglect in the performance
of duties as local registrar. [2019 c 148 s 6.]
RCW 70.58A.060 Vital records system security requirements—Fraud
detection—Data validation. (1) A person may not prepare or issue any
vital record that purports to be an original, certification of, or
copy of a vital record except as authorized in this chapter.
(2) All certifications of vital records must include security
features to deter alteration, counterfeiting, or simulation without
ready detection.
(3) All informational copies must indicate that they cannot be
used for legal purposes on their face.
(4) The state registrar may:
(a) Authorize users of the vital records system to access
specific components of the vital records system based on their
official duties;
(b) Require users authorized under this section to acknowledge
having read and understood security procedures and penalties;
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(c) Revoke user access of the vital records system when the user
violates security procedures or when the user no longer needs access
to conduct official duties;
(d) Ensure that state birth records are marked as deceased upon
receipt of death records; and
(e) Periodically test and audit the vital records system for
purposes of detecting fraud. If fraud is suspected, the state
registrar may provide copies of the evidence to appropriate
authorities for further investigation consistent with the provisions
of RCW 70.58A.580. The state registrar may retain the results of such
tests and audits, which are not subject to inspection or copying
except upon order of a court of competent jurisdiction.
(5) The state registrar may, at the state registrar's discretion,
validate data provided in reports filed for registration through site
visits or with independent sources outside the vital records system at
a frequency specified by the state registrar to maximize the integrity
of the data collected. [2019 c 148 s 7.]
RCW 70.58A.070 Mandatory use of prescribed forms, reporting of
data required for registration. (1) Forms prescribed by the state
registrar must be used in reporting, registering, and issuing
certifications and informational copies, and preserving vital records,
or in otherwise carrying out the purpose of this chapter.
(2) Reports must contain the data required for registration. No
report may be held to be complete and correct that does not supply all
items of information required under this chapter, or that does not
satisfactorily account for the omission of required items. [2019 c
148 s 8.]
LIVE BIRTH
RCW 70.58A.100 Live birth of child of known parentage—Reporting
and registration requirements. (1) A facility representative or
midwife shall prepare and submit a report of live birth for each live
birth at which that person attended that occurs in this state to the
department within ten calendar days after the birth occurs. The
facility representative or midwife shall:
(a) Include all data and evidence required to establish the facts
of live birth under this section;
(b) Include parentage information consistent with chapters 26.26A
and 26.26B RCW;
(c) Include all statistical information required about the
individual who gave birth;
(d) Ensure the accuracy of the personal data entered on the
report; and
(e) Attest the child was born alive at the place and time, and on
the date stated on the report.
(2) The health care provider or facility representative providing
prenatal care shall provide the prenatal care information required for
the report of live birth to the facility where the delivery is
expected to occur not less than thirty calendar days prior to the
expected delivery date.
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(3) When a live birth occurs in a facility or en route to a
facility, the facility representative shall submit the report of live
birth consistent with this section.
(4) When a live birth occurs outside a facility and not en route
to a facility, the report of live birth must be filed consistent with
this section by the:
(a) Health care provider in attendance of the live birth; or
(b) Facility representative where the individual who gave birth
and child are examined, if that examination happens within ten
calendar days of live birth.
(5) For an unattended live birth not reported under subsection
(4) of this section, a report of live birth and an affidavit stating
the facts of the birth must be filed with the department within ten
calendar days of the live birth.
(a) The report of live birth must be completed and signed by a
person with knowledge of the facts of the birth other than the
individual who gave birth to the child.
(b) The affidavit attesting to the facts of the birth must be
completed and signed by the individual who gave birth, other parent,
or other person with knowledge of the facts of the birth.
(c) The report of live birth and affidavit must not be signed by
the same person.
(6) When the live birth occurs on a moving conveyance:
(a) Within the United States, and the child is first removed from
the conveyance in state, the place where the child is first removed
from the conveyance must be registered as the place of live birth;
(b) While in international waters or air space, or in a foreign
country or its air space, and the child is first removed from the
conveyance in state, the live birth must be registered in this state.
The report of live birth under this subsection must show the actual
place of live birth insofar as can be determined.
(7) The facility representative or midwife shall provide written
and oral information and required forms, furnished by the department
of social and health services and the state registrar, to the parents
of a child about establishing parentage pursuant to chapter 26.26A
RCW.
(8) The state registrar may not register a report of live birth
unless it has been completed and filed in accordance with this
chapter.
(9) A report of a live born child of unknown parentage must be
registered in accordance with RCW 70.58A.110.
(10) A delayed report of live birth filed after one year from the
date of live birth must be registered in accordance with RCW
70.58A.120. [2019 c 148 s 9.]
RCW 70.58A.110 Live birth of child of unknown parentage—
Reporting and registration requirements. (1) When a child is found
for whom no record of live birth is known to be on file, within ten
calendar days of the child being found, a report of a live birth must
be filed with the department in a manner prescribed by the state
registrar.
(2) If the child is identified at a later date and another live
birth record is found, the state registrar shall void the record
registered under subsection (1) of this section.
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(3) This section cannot be used when the report of live birth is
considered a delayed registration under RCW 70.58A.120 or an
unattended live birth under RCW 70.58A.100(5). [2019 c 148 s 10.]
RCW 70.58A.120 Delayed report of live birth—Registration
requirements. (1) An individual requesting a delayed report of live
birth shall submit to the state registrar a completed and signed
delayed report of live birth. Each report must include documentary
evidence establishing the facts of the live birth and any applicable
fees. The completed delayed report of live birth must be signed and
sworn under penalty of perjury by the individual whose live birth is
to be registered if the individual is an adult, or by the parent or
legal guardian if the individual whose live birth is to be registered
is not an adult.
(2) An individual requesting the delayed report of live birth of
an individual under twelve years of age must establish the facts
concerning full name, date, and place of live birth.
(3) An individual requesting the delayed report of live birth of
an individual twelve years of age or over must establish the facts
concerning full name, date, and place of live birth and the full name
prior to first marriage of the individual who gave birth. Documentary
evidence for an individual twelve years of age or over, other than
affidavits, must have been established at least five years prior to
the date of application.
(4) Each piece of documentary evidence must come from a unique
source in the form of the original record or an exact copy thereof.
The individual requesting the delayed report of live birth must either
be able to authenticate the source of each document presented to the
department, or present to the department a signed statement from the
custodian of the record or document which attests to the authenticity
of the document and the accuracy of the facts contained in the
document.
(5) The state registrar may verify the authenticity and accuracy
of documentary evidence provided by the individual requesting a
delayed report of live birth.
(6) The state registrar shall not register a delayed report of
live birth until all applicable provisions of this chapter have been
met to the satisfaction of the state registrar.
(7) Upon review and approval of a delayed report of live birth,
the state registrar shall register a delayed report of live birth. The
delayed birth record must include a description of the evidence used
to establish the delayed birth record.
(8) If the state registrar denies a delayed report of live birth,
RCW 70.58A.130 is the sole remedy for decisions made under this
section. The administrative procedure act, chapter 34.05 RCW, does not
govern review of decisions on registration of delayed reports of live
birth made by the state registrar under this section. [2019 c 148 s
11.]
RCW 70.58A.130 Court-ordered registration of a delayed report of
live birth—Petition and hearing requirements—Burden and standard of
proof. (1) If the state registrar denies a delayed report of live
birth under the provisions of RCW 70.58A.120, the individual
requesting the delayed report of live birth may petition a court of
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competent jurisdiction for an order establishing a record of the name,
date, and place of the live birth, and parentage of the individual
whose live birth is to be registered.
(2) The petition must allege:
(a) The individual for whom a delayed report of live birth is
sought was born in state;
(b) No report of live birth of the individual can be found in the
vital records system;
(c) Diligent efforts by the petitioner have failed to obtain the
evidence required in accordance with RCW 70.58A.120; and
(d) The state registrar has denied a delayed report of live
birth.
(3) The petition must be accompanied by a statement of the state
registrar made in accordance with RCW 70.58A.120 and all documentary
evidence to support such registration which was filed with the state
registrar.
(4) The court shall fix a time and place for hearing the
petition. The petitioner shall serve the state registrar with notice
of the time and place for hearing and shall include with such notice
the petition filed with the court. The petitioner shall give the state
registrar notice at least thirty calendar days prior to the date set
for the hearing.
(5) The state registrar, or the state registrar's designee, may
present at the hearing any information the state registrar believes
will be useful to the court. The state registrar is not required to
attend or appear for the hearing, and the court may proceed without
the state registrar if the state registrar does not appear at the
designated time and place set for hearing in the notice.
(6) The burden of proof is on the petitioner.
(7) If the court finds, by clear and convincing evidence, that
the individual for whom a delayed report of live birth is sought was
born in state, the court shall issue an order requiring the state
registrar to establish a delayed record of live birth. This order must
include, at a minimum, the following findings:
(a) The full name, city and county of live birth, and birthdate
to be registered of the individual whose live birth is to be
registered;
(b) The full name, state or country of birth, and date of birth
of the individual who gave birth; and
(c) A statement of the evidence relied on by the court in making
the order.
(8) The clerk of the court shall forward the order to the state
registrar within five business days after the order is entered.
(9) The state registrar shall register the live birth upon
receipt of an order to register a delayed report of live birth from a
court of competent jurisdiction, and must include the court case
number and the date of the order in the vital record. [2019 c 148 s
12.]
DEATH
RCW 70.58A.200 Reports of death—Filing and registration
requirements. (1)(a) Reports of death and fetal death must comply
with the requirements of this section.
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(b) For the purposes of this section, "death" includes "fetal
death" as defined in RCW 70.58A.010.
(2) A complete report of death must be filed with the local
registrar in the local health jurisdiction where the death occurred
for each death that occurs in this state. Except for circumstances
covered by subsection (7) of this section, the report must be filed
within five calendar days after the death or finding of human remains
and prior to final disposition of the human remains as required by
this section.
(a) If the place of death is unknown and the human remains are
found in state prior to final disposition, the death must be filed in
state and the place where the human remains were found is the place of
death.
(b) When death occurs in a moving conveyance within or outside
the United States and the human remains are first removed from the
conveyance in state, the death must be filed in state and the place of
death is the place where the remains were removed from the moving
conveyance.
(c) In all other cases, the place where death is pronounced is
the place where death occurred.
(d) An approximate date of death may be used if date of death is
unknown. If the date cannot be determined by approximation, the date
of death must be the date the human remains were found.
(3) If the death occurred with medical attendance, a funeral
director, funeral establishment, or person having the right to control
the disposition of the human remains under RCW 68.50.160 shall:
(a) Obtain and enter personal data on the report of death about
the decedent from the person best qualified to provide the
information;
(b) Provide the report of death to the medical certifier within
two calendar days after the death or finding of human remains;
(c) File the completed report of death with the local registrar;
and
(d) Obtain a burial-transit permit prior to the disposition of
the human remains as required in RCW 70.58A.210.
(4) The medical certifier shall:
(a) Attest to the cause, date, and time of death; and
(b) Return the report of death to the funeral director, funeral
establishment, or person having the right to control the disposition
of the human remains under RCW 68.50.160 within two calendar days.
(5) The report of death may be completed by another individual
qualified to be a medical certifier as defined in RCW 70.58A.010 who
has access to the medical history of the decedent when:
(a) The medical certifier is absent or unable to attest to the
cause, date, and time of death; or
(b) The death occurred due to natural causes, and the medical
certifier gives approval.
(6) If the death occurred without medical attendance, the funeral
director, funeral establishment, or person having the right to control
the disposition of the human remains under RCW 68.50.160 shall provide
the report of death to the coroner, medical examiner, or local health
officer as allowed by (a) of this subsection.
(a) If the death occurred due to natural causes, the coroner,
medical examiner, or local health officer shall determine whether to
certify the report of death. If the coroner, medical examiner, or
local health officer decides to certify the report of death, the
person certifying the report shall:
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(i) Attest to the manner, cause, and date of death without
holding an inquest or performing an autopsy or postmortem, based on
statements of relatives, persons in attendance during the last
sickness, persons present at the time of death, or other persons
having adequate knowledge of the facts;
(ii) Note that there was no medical attendance at the time of
death; and
(iii) Return the report of death to the funeral home within two
calendar days.
(b) If the death appears to be the result of unlawful or
unnatural causes, the coroner or medical examiner shall:
(i) Attest to the cause, place, and date of death;
(ii) Note that there was no medical attendance at the time of
death;
(iii) Note when the cause of death is pending investigation; and
(iv) Return the report of death to the funeral director, funeral
establishment, or person having the right to control the disposition
of the human remains under RCW 68.50.160 within two calendar days.
(7) When there is no funeral director, funeral establishment, or
person having the right to control the disposition of human remains
under chapter 68.50 RCW, the coroner, medical examiner, or local
health officer shall file the completed report of death with the local
registrar as required by subsection (2) of this section.
(8) When a coroner or medical examiner determines that there is
sufficient circumstantial evidence to indicate that an individual has
died in the county or in waters contiguous to the county, and that it
is unlikely that the body will be recovered, the coroner or medical
examiner shall file a report of death, including the cause, place, and
date of death, to the extent possible.
(9) The coroner or medical examiner in a county in which a
decedent was last known to be alive may file a report of death with
the local registrar when the county in which the presumed death
occurred cannot be determined with certainty. The coroner or medical
examiner shall file a report of death, including the cause, place, and
date of death, to the extent possible.
(10) The coroner or medical examiner having jurisdiction may
release information contained in a report of death according to RCW
68.50.300.
(11) The local registrar shall:
(a) Review filed reports of death to ensure completion in
accordance with this chapter;
(b) Request missing information or corrections;
(c) Ensure issuance of the burial-transit permit as required
under RCW 70.58A.210;
(d) Register a report of death with the department if it has been
completed and submitted in accordance with this section.
(12) A medical certifier, coroner, medical examiner, or local
health officer shall submit an affidavit of correction to the state
registrar to amend the report of death within five calendar days of
receipt of an autopsy result or other information that completes or
amends the cause of death from that originally filed with the
department.
(13) The department may require a medical certifier, coroner,
medical examiner, or local health officer to provide additional or
clarifying information to properly code and classify cause of death.
[2019 c 148 s 13.]
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RCW 70.58A.210 Final disposition of human remains—Issuance of
burial-transit and disinterment permits. (1)(a) Reports of death and
fetal death must comply with the requirements of this section.
(b) For the purposes of this section, "death" includes "fetal
death" as defined in RCW 70.58A.010.
(2) If a report of death is completed and filed in accordance
with this chapter, the local registrar shall issue a burial-transit
permit or disinterment permit to the funeral director, funeral
establishment, or person having the right to control the disposition
of the human remains under RCW 68.50.160.
(3) A person may not provide for final disposition of human
remains until the following have occurred:
(a) The report of death has been registered in accordance with
RCW 70.58A.200; and
(b) The funeral director, funeral establishment, or person having
the right to control the disposition of the human remains under RCW
68.50.160 has obtained a burial-transit permit authorizing final
disposition.
(4) A funeral director, funeral establishment, or person having
the right to control the disposition of the human remains under RCW
68.50.160 shall:
(a) Deliver the burial-transit permit to the person in charge of
the funeral establishment licensed under chapter 18.39 RCW, crematory
with a permit or endorsement under RCW 68.05.175, or cemetery
authority as defined in RCW 68.04.190 before interring the human
remains; or
(b) Attach the burial-transit permit to the container holding the
human remains when shipped by a transportation company.
(5) Final disposition of human remains must be completed in
accordance with chapter 68.50 RCW.
(6) A person in charge of a funeral establishment licensed under
chapter 18.39 RCW or cemetery authority as defined in RCW 68.04.190:
(a) May not allow the final disposition of human remains unless
accompanied by a burial-transit permit;
(b) Shall indicate on the burial-transit permit the date and type
of final disposition;
(c) Shall return all completed and signed or electronically
approved burial-transit permits to the local registrar for the county
in which the death occurred within ten days of final disposition;
(d) Shall keep a record of all human remains disposed of on the
premises, including the:
(i) Name of the deceased individual;
(ii) Place of death;
(iii) Date of disposition; and
(iv) Name and address of the funeral director, funeral
establishment, or other person having the right to control the
disposition of the human remains under RCW 68.50.160.
(7) When there is no person in charge of the place of final
disposition, the funeral director, funeral establishment, or person
having the right to control the disposition of the human remains under
RCW 68.50.160 shall write across the face of the permit the words "no
person in charge."
(8) A funeral director, funeral establishment, or person having
the right to control the disposition of the human remains under RCW
68.50.160 must obtain a disinterment permit from the local registrar
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to disinter human remains or a burial-transit permit from the local
registrar to reinter human remains.
(9) A person may not bring into or transport within this state;
inter, deposit in a vault, grave, or tomb; or cremate or otherwise
dispose of the human remains of any person whose death occurred
outside the state, unless the human remains are accompanied by a
burial-transit permit or other document issued in accordance with the
laws in force where the death occurred. A burial-transit permit is not
required for the spreading of cremated remains in accordance with the
laws regulating the scattering of cremated remains in state, federal,
and international lands or water.
(10) A funeral director or funeral establishment licensed under
chapter 18.39 RCW, or a funeral establishment licensed in Oregon or
Idaho, may remove human remains from the local health jurisdiction
where the death occurred to another local health jurisdiction or
Oregon or Idaho without having obtained a burial-transit permit if the
funeral director or funeral establishment:
(a) Has been issued a certificate of removal registration by the
director of the department of licensing; and
(b) Initiates a report of death with the local registrar where
the death occurred. [2019 c 148 s 14.]
MARRIAGE AND DOMESTIC PARTNERSHIP
RCW 70.58A.300 Registration of reports of marriage. The state
registrar shall register reports of marriage received from a state
county auditor pursuant to chapter 26.04 RCW. [2019 c 148 s 15.]
RCW 70.58A.310 Registration of reports of legal separation,
dissolution, and declaration of invalidity of marriage or domestic
partnership. The state registrar shall register reports of legal
separation, dissolution of marriage, dissolution of domestic
partnership, declaration of invalidity of marriage, and declaration of
invalidity of domestic partnership from the clerk of each state
superior court pursuant to chapter 26.09 RCW. [2019 c 148 s 16.]
ADOPTION
RCW 70.58A.400 Adoption—Amendment of birth record or
registration of birth—Sealing of original birth record. (1) The
state registrar shall amend the birth record of a child born in state
to reflect an adoption decree received from a Washington state court
of competent jurisdiction upon receipt of:
(a) An application to register an adoption;
(b) A certified copy of the adoption decree entered pursuant to
chapter 26.33 RCW; and
(c) Applicable fees established under this chapter and by rule.
(2) The state registrar shall amend the live birth record of a
child born in state to reflect an adoption report from any other state
or territory of the United States, and the District of Columbia, upon
receipt of:
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(a) A certified copy of an adoption report, or an application to
register an adoption and a certified copy of the adoption decree; and
(b) Applicable fees established under this chapter and by rule.
(3) The state registrar shall register the birth of a child born
outside the United States and its territories and adopted after
January 1, 1985, in a Washington state court of competent jurisdiction
upon receipt of:
(a) An application to register an adoption;
(b) A certified copy of a decree of adoption entered pursuant to
chapter 26.33 RCW; and
(c) Applicable fees established under this chapter and by rule.
(4) The state registrar shall register the birth of a child born
outside the United States and its territories and adopted before
January 1, 1985, in a Washington state court of competent jurisdiction
upon receipt of:
(a) An application to register an adoption;
(b) A certified copy of a decree of adoption entered pursuant to
chapter 26.33 RCW;
(c) Documentary evidence as to the child's birthdate and
birthplace provided by:
(i) The original birth certification;
(ii) A certified copy, extract, or translation of the original
birth certification; or
(iii) A certified copy of another document essentially equivalent
to the original birth certification including, but not limited to, the
records of the United States citizenship and immigration services or
the United States department of state; and
(d) Applicable fees established under this chapter and by rule.
(5) The state registrar shall retain and seal the original birth
record including the adoption report, certified copy of the adoption
decree, and other documentary evidence filed pursuant to chapter 26.33
RCW. The sealed record is not subject to public inspection or copying
pursuant to chapter 42.56 RCW and may be released only as allowed by
RCW 26.33.345. [2019 c 148 s 17.]
ADMINISTRATION AND ENFORCEMENT
RCW 70.58A.500 Amendment of vital records—When authorized—
Grounds for denial. (1) The state registrar may amend certification
items on state vital records.
(2) The state registrar may amend a live birth record to change
the name of a person born in state:
(a) Upon receipt of a complete and signed amendment application
with applicable fees and a certified copy of an order of a court of
competent jurisdiction, including the name of the person as it appears
on the current live birth record and the new name to be designated on
the amended live birth record, under RCW 4.24.130; or
(b) As authorized under 18 U.S.C. Sec. 3521, the federal witness
relocation and protection act.
(3) The state registrar shall seal the original live birth record
amended under subsection (2)(b) of this section. The sealed record is
not subject to public inspection and copying under chapter 42.56 RCW
except upon order of a court of competent jurisdiction.
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(4) The state registrar may amend a vital record to change the
sex designation of the subject of the record. The state registrar
shall include a nonbinary option for sex designation on the record.
(5) The state registrar may amend vital records for purposes
other than those established in this section.
(6) The state registrar may deny an application to amend a vital
record when:
(a) The application is not completed or filed in accordance with
this chapter;
(b) The state registrar has cause to question the validity or
adequacy of the applicant's statements or documentary evidence; or
(c) The deficiencies under (a) or (b) of this subsection are not
addressed to the satisfaction of the state registrar.
(7) The state registrar shall provide notice of the denial of an
application to amend a vital record and state the reasons for the
denial. If the state registrar denies an amendment to a vital record
under the provisions of this section, a person may appeal the decision
under RCW 70.58A.550. [2019 c 148 s 18.]
RCW 70.58A.510 Preservation of vital records—Transfer to state
archives. (1) The state registrar shall develop and implement a
preservation management policy for the vital records system for
permanent preservation while in the custody of the state registrar.
(2) The state registrar shall transfer the custody of vital
records to the state archives in accordance with state archival
procedures when:
(a) One hundred years have elapsed after the date of live birth
or fetal death;
(b) Twenty-five years have elapsed after the date of death; and
(c) Twenty-five years have elapsed after the date of marriage,
divorce, dissolution of marriage, dissolution of domestic partnership,
declaration of invalidity of marriage, declaration of invalidity of
domestic partnership, or legal separation.
(3) The state archives may provide noncertified copies of
original vital records in the custody of the state archives, due to a
transfer under subsection (2) of this section, to the public.
(4) The state archives may not:
(a) Charge the department a fee or pass along costs to transfer
the vital records to state archives or maintain the vital records in
the state archives, other than those charged through the central
services billing model for the cost of operating the state archives;
or
(b) Alter, amend, or delete certification items on the vital
records.
(5) Sealed records must remain sealed and in the custody of the
department.
(6) In consultation with the state archives, the state registrar
shall prescribe the format and method of delivery of vital records
transferred to the state archives.
(7) The department may retain records for the purpose of issuing
certifications under RCW 70.58A.530. [2019 c 148 s 19.]
RCW 70.58A.520 Disclosure of vital records, data, and vital
statistics—When authorized. (1) The department may disclose vital
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records information for persons named in any birth, death, or fetal
death record only as provided under this chapter.
(2) Proposals for research and public health purposes must be
reviewed and approved as to scientific merit and adequacy of
confidentiality safeguards in accordance with this section.
(3) The department may release birth and fetal death record data
that includes direct identifiers for research with approval of the
state institutional review board and receipt of a signed
confidentiality agreement with the department.
(4) The department may release birth and fetal death record data
that includes direct identifiers for nonresearch public health
purposes to a government agency upon receipt of a signed written data-
sharing agreement with the department.
(5) The department may release birth and fetal death record data
that contains only indirect identifiers to anyone upon receipt of a
signed written data-sharing agreement with the department.
(6) The department may release death record data to anyone upon
approval of the department and receipt of a signed written data-
sharing agreement with the department.
(7) A written data-sharing agreement required under subsections
(4) through (6) and (14) through (17) of this section must, at a
minimum:
(a) Include a description of the type of data needed and the
purpose for how the data will be used;
(b) Include the methods to be used to protect the confidentiality
and security of the data;
(c) State that ownership of the data provided under this section
remains with the department, and is not transferred to those
authorized to receive and use the data under the agreement; and
(d) Include the applicable fees for use of the data.
(8) In addition to the conditions required by subsection (7) of
this section, the written data-sharing agreement for birth and fetal
death record data for public health purposes under subsection (4) of
this section must:
(a) Prohibit redisclosure of any direct or indirect identifiers
without explicit permission from the department; and
(b) Prohibit the recipient of the data from contacting or
attempting to contact the person whose information is included in the
data set or that person's family members without explicit permission
from the department.
(9) In addition to the conditions required by subsection (7) of
this section, the written data-sharing agreement for birth or fetal
death record data with indirect identifiers under subsection (5) of
this section must prohibit the recipient of the data from attempting
to determine the identity of persons whose information is included in
the data set or use the data in any manner that identifies individuals
or their family members.
(10) The department and the state institutional review board
shall apply the most restrictive law governing data release to
proposals for research and public health purposes requesting data sets
with direct identifiers for linkage to other data sets.
(11) The department may provide the fewest birth and fetal death
record data elements necessary for the purpose described in the
proposal for research or public health purposes.
(12) The department may deny a request for data for cause
including, but not limited to, when:
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(a) Indirect identifiers are sufficient for the purpose described
in the proposal for research or public health purposes;
(b) The research or public health proposal lacks scientific
merit;
(c) The department lacks resources or the request would result in
an unreasonable use of resources related to data preparation and
analysis;
(d) The requestor cannot meet the requirements in a data-sharing
agreement for protecting the confidentiality of the data; or
(e) The requestor is out of compliance with an existing data-
sharing agreement.
(13) The department must provide notice of the denial to the
requestor and include a statement of the reasons for the denial. If
the state registrar denies a request for data under the provisions of
this section, a person may appeal the decision under RCW 70.58A.550.
(14) The department may release vital records to government
agencies in the conduct of official duties upon approval of the state
registrar and receipt of a signed written data-sharing agreement with
the department that prohibits redisclosure of any direct or indirect
identifiers without explicit permission from the department. Vital
records information released by the department under this subsection
may be limited to only the information necessary to perform the
official duties of the agencies to which the information is released.
The department may deny requests according to subsection (12) of this
section. Government agencies may access records electronically and use
of records must be limited to the information needed for official
business. The agreement may include cost sharing for support of the
electronic system.
(15) The department shall make available to the department of
social and health services, division of child support, the social
security numbers of parents listed on birth records as required for
establishing child support upon receipt of a signed written data-
sharing agreement with the department.
(16) The department may release vital records to the national
center for health statistics to be used solely for national statistics
upon approval of the state registrar and receipt of a signed written
data-sharing agreement with the department.
(17) The department may release copies of vital records through
an interjurisdictional exchange agreement to offices of vital
statistics in states or territories of the United States, the District
of Columbia, New York City, or neighboring countries. The records must
relate to a resident of, a person born in, or a person who died in the
requesting state, territory, the District of Columbia, New York City,
or neighboring country.
(18) The department may release indices of death, marriage, and
divorce records annually to the state archives.
(19) Nothing in this chapter may be construed as giving authority
to the state or local registrar, department, government agencies, or
data recipients to sell or provide access to lists of individuals when
requested for commercial purposes.
(20) For the purposes of this section:
(a) "Data" means a data file containing multiple records.
(b) "Direct identifier" means a single data element that
identifies an individual person.
(c) "Indirect identifier" means a single data element that on its
own does not identify an individual person, but when combined with
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other indirect identifiers can be used to identify an individual
person.
(d) "Public health purpose" means a purpose that seeks to support
or evaluate public health activities which include, but are not
limited to, health surveillance; identifying population health trends;
health assessments; implementing educational programs; program
evaluation; developing and implementing policies; determining needs
for access to services and administering services; creating emergency
response plans; promoting healthy lifestyles; and preventing,
detecting, and responding to infectious diseases, injury, and chronic
and inheritable conditions. Public health purpose does not include
research as defined in this section.
(e) "Research" means a systematic investigation, including
research development, testing, and evaluation, designed to develop or
contribute to generalizable knowledge. Activities that meet this
definition constitute research for purposes of this policy, whether or
not they are conducted or supported under a program that is considered
research for other purposes. [2019 c 148 s 20.]
RCW 70.58A.530 Issuance of certifications and informational
copies of vital records. (1)(a) A certification issued in accordance
with this section is considered for all purposes the same as the
original vital record and is prima facie evidence of the facts stated
therein.
(b) An informational copy is not considered the same as the
original vital record and does not serve as prima facie evidence of
the facts stated therein.
(2) The state and local registrar shall issue all certifications
registered in the vital records system from the state's central vital
records system database upon submission by a qualified applicant of
all required information and documentation required either by this
chapter or by rule, or both, and shall ensure that all certifications
include:
(a) The date of registration; and
(b) Security features that deter altering, counterfeiting, or
simulation without ready detection as required under this chapter.
(3) A person requesting a certification of birth, death, fetal
death, or birth resulting in stillbirth must submit an application,
identity documentation, evidence of eligibility, and the applicable
fee established in RCW 70.58A.560 to the state or local registrar.
(4) For a certification of birth, the state or local registrar
may release the certification only to:
(a) The subject of the record or the subject of the record's
spouse or domestic partner, child, parent, stepparent, stepchild,
sibling, grandparent, great grandparent, grandchild, legal guardian,
legal representative, or authorized representative; or
(b) A government agency or court, if the certification will be
used in the conduct of the agency's or court's official duties.
(5) The state registrar may issue an heirloom certification of
birth to a qualified applicant consistent with subsection (4) of this
section. The heirloom certification of birth must contain the state
seal and be signed by the governor.
(6) The state registrar may issue a certification of a birth
record registered as delayed under RCW 70.58A.120 or 70.58A.130 to a
qualified applicant consistent with subsection (4) of this section.
The certification must:
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(a) Be marked as delayed; and
(b) Include a description of the evidence or court order number
used to establish the delayed record.
(7) The state registrar may issue a certification of a birth
record for a person adopted under chapter 26.33 RCW and registered
under RCW 70.58A.400 to a qualified applicant consistent with
subsection (4) of this section. The certification:
(a) Must not include reference to the adoption of the child; and
(b) For children born outside of the state, must be issued
consistent with the certification standards of this section, unless
the court orders otherwise.
(8) When providing a birth certification to a qualified applicant
under this chapter, the state or local registrar shall include
information prepared by the department setting forth the advisability
of a security freeze under RCW 19.182.230 and the process for
acquiring a security freeze.
(9) For a certification of death, the state or local registrar
may release the certification only to:
(a) The decedent's spouse or domestic partner, child, parent,
stepparent, stepchild, sibling, grandparent, great grandparent,
grandchild, legal guardian immediately prior to death, legal
representative, authorized representative, or next of kin as specified
in RCW 11.28.120;
(b) A funeral director, the funeral establishment licensed
pursuant to chapter 18.39 RCW, or the person having the right to
control the disposition of the human remains under RCW 68.50.160 named
on the death record, within twelve months of the date of death; or
(c) A government agency or court, if the certification will be
used in the conduct of the agency's or court's official duties.
(10) The state or local registrar may issue a short form
certification of death that does not display information relating to
cause and manner of death to a qualified applicant. In addition to the
qualified applicants listed in subsection (9) of this section, a
qualified applicant for a short form certification of death includes:
(a) A title insurer or title insurance agent handling a
transaction involving real property in which the decedent held some
right, title, or interest; or
(b) A person that demonstrates that the certified copy is
necessary for a determination related to the death or the protection
of a personal or property right related to the death.
(11) The state or local registrar may issue reports of fetal
death either as a certification of a fetal death or as a certification
of birth resulting in a stillbirth, or both.
(12) When issuing a certification of fetal death, the state or
local registrar may release the certification only to:
(a) A parent, a parent's legal representative, an authorized
representative, a sibling, or a grandparent;
(b) The funeral director or funeral establishment licensed
pursuant to chapter 18.39 RCW and named on the fetal death record,
within twelve months of the date of fetal death; or
(c) A government agency or court, if the certification will be
used in the conduct of the agency's or court's official duties.
(13) When issuing a certification of birth resulting in
stillbirth, the state or local registrar may release the certification
only to the individual who gave birth listed on the fetal death
record.
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(a) A certification of birth resulting in stillbirth must comply
with the format requirements prescribed by the state registrar and be
in a format similar to a certification of birth.
(b) The certification of birth resulting in stillbirth must
contain a title at the top of the certification that reads: "This
certificate of birth resulting in stillbirth is not proof of a live
birth and is not an identity document."
(c) Nothing in this subsection (13):
(i) May be the basis for a civil cause of action seeking damages
or criminal charges against any person or entity for bodily injury,
personal injury, or wrongful death for a stillbirth;
(ii) Shall alter a woman's rights to reproductive freedom or
equal protection under the law, or to alter or supersede any other
provision of law; and
(iii) Except for the right to request a certification of birth
resulting in stillbirth, may constitute the basis of any new right,
privilege, or entitlement, or abrogate any existing right, privilege,
or entitlement.
(14) The state or local registrar shall review the identity
documentation and evidence of eligibility to determine if the person
requesting the certification is a qualified applicant under this
section. The state or local registrar may verify the identity
documents and evidence of eligibility to determine the acceptability
and authenticity of identity documentation and evidence of
eligibility.
(15) The state or local registrar may not issue a certification
of birth or fetal death, including a certification of birth resulting
in stillbirth, that includes information from the confidential section
of record, except as provided in subsection (16) of this section.
(16) The state registrar may release information contained in the
confidential section of the birth record only to the following
persons:
(a) The individual who is the subject of the birth record, upon
confirmation of documentation and evidence of identity of the
requestor in a manner approved by the state board of health and the
department. The state registrar must limit the confidential
information provided to the individual who is the subject of the birth
record's information, and may not include the parent's confidential
information; or
(b) A member of the public, upon order of a court of competent
jurisdiction.
(17) A person requesting a certification of marriage, dissolution
of marriage, or dissolution of domestic partnership currently held by
the department must submit an application and the applicable fee
established in RCW 70.58A.560 to the state registrar.
(18) The state registrar may mark deceased on a birth
certification when that birth record is matched to a death record
under RCW 70.58A.060.
(19) The state or local registrar must issue an informational
copy from the central vital records system to anyone. Informational
copies must contain only the information allowed by rule.
Informational copies of death records must not display information
related to cause and manner of death.
(20) A person requesting an informational copy must submit an
application and the applicable fee established in RCW 70.58A.560 to
the state or local registrar.
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(21) If no record is identified as matching the information
provided in the application, the state or local registrar shall issue
a document indicating that a search of the vital records system was
made and no matching record was identified.
(22) All government agencies or courts to whom certifications or
informational copies are issued must pay the applicable fee for
certifications established in RCW 70.58A.560.
(23) The state or local registrar must comply with the
requirements of this chapter when issuing a certification or
informational copy of a vital life event.
(24) The department may issue, through electronic means and
processes determined by the department, verifications of information
contained on birth or death records filed with the department when a
verification is requested by a government agency, insurance company,
hospital, or any other organization in the conduct of its official
duties for fraud prevention and good governance purposes as determined
by the department. The department shall charge a fee for a search
under this subsection.
(25) For the purposes of this section:
(a) "Qualified applicant" means a person who is eligible to
receive a certification of a vital record based on the standards
established by this chapter and department rule.
(b) "Stillbirth" means the same as fetal death as defined in RCW
70.58A.010. [2021 c 55 s 2; 2019 c 148 s 21.]
Effective date—2021 c 55 s 2: "Section 2 of this act takes
effect October 1, 2022." [2021 c 55 s 3.]
Intent—2021 c 55: "(1) The legislature recognizes that a
principal duty of governments is to promote and protect the health and
safety of their residents. In addition to providing essential health
and safety functions through fire and law enforcement agencies, local
governments support public health and safety in the collection and
maintenance of vital statistics through a single comprehensive vital
records system that is operated and maintained by the department of
health, and through the issuance of official certifications associated
with births and deaths.
(2) The legislature further recognizes that the ability to obtain
a certification of birth resulting in stillbirth may provide comfort
to some who have experienced the trauma of a stillbirth.
(3) In recognition of the foregoing, the legislature intends to
create a new process allowing any person who gives birth to a
stillborn fetus to request and receive a certification of birth
resulting in stillbirth from the applicable state or local registrar.
(4) The legislature furthermore recognizes that a woman's rights
to reproductive freedom and equal protection under the law are rights
protected through Washington's statutes, judicial decisions, and the
state and federal Constitutions. Nothing in this legislation shall
alter a woman's rights to reproductive freedom and equal protection
under the law." [2021 c 55 s 1.]
RCW 70.58A.540 Vital records not subject to public disclosure—
Exceptions. (1) All or part of any vital records, reports, supporting
documentation, vital statistics, data, or information contained
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therein are not subject to public inspection and copying under chapter
42.56 RCW.
(2) With the exception of certifications and informational copies
issued under RCW 70.58A.530, or unless otherwise authorized by this
chapter, no person may permit the inspection of, disclose data or
information contained in, or copy or issue a copy of all or part of
any vital records, reports, supporting documentation, vital
statistics, data, or information contained therein. [2019 c 148 s
22.]
RCW 70.58A.550 Adjudicative proceedings. (1) This section
governs any case in which the state registrar takes one of the
following adverse actions:
(a) Denies or revokes registration of a report or application for
an amendment;
(b) Withholds or denies issuance of a certification under this
chapter; or
(c) Denies a request for data under RCW 70.58A.520.
(2) This section does not govern denied applications for delayed
birth registration under RCW 70.58A.120, or amendments due to legal
name change, adoption, or parentage, which require court orders.
(3) RCW 43.70.115 does not govern adjudications under this
chapter.
(4) The department shall give written notice to the applicant
when it denies or revokes registration of a report or application for
certification, or withholds issuance of a certification. The written
notice must state the reasons for the action and be served on the
applicant or person to whom the record pertains. "Service" means
posting in the United States mail, delivery to a commercial parcel
delivery company, or personal service. Service by mail is complete
upon deposit of the notice in the United States mail. Service by a
commercial parcel delivery company is complete upon delivery to the
commercial parcel delivery company, properly addressed, with charges
prepaid.
(5) Except as otherwise provided in this subsection and in
subsection (7) of this section, only revocation is effective twenty-
eight days after service of the notice. The department may make the
date the action is effective sooner than twenty-eight days after
service when necessary to protect public health, safety, or welfare,
or when deemed necessary by the state registrar for the security of
the vital record. When the department does so, it shall state the
effective date and the reasons supporting the effective date in the
notice.
(6) Except as otherwise provided in subsection (7) of this
section, denial of the registration of a report or application for an
amendment under subsection (1)(a) of this section, and actions under
subsection (1)(b) and (c) of this section, are effective immediately
upon service of the notice.
(7) An applicant has the right to an adjudicative proceeding. The
proceeding is governed by the administrative procedure act, chapter
34.05 RCW. The request for an adjudicative proceeding must be in
writing, state the basis for contesting the adverse action, include a
copy of the adverse notice, be served on and received by the
department within twenty-eight days of service of the adverse notice,
and be served in a manner that shows proof of receipt.
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(8) If the department gives an applicant twenty-eight days'
notice of revocation and the applicant or person to whom the record
pertains files an appeal before its effective date, the department
shall not implement the adverse action until the final order has been
entered. The presiding or reviewing officer may permit the department
to implement part or all of the adverse action while the proceedings
are pending if the appellant causes an unreasonable delay in the
proceeding, if the circumstances change so that implementation is in
the public interest, or for other good cause.
(9) If the department gives an applicant less than twenty-eight
days' notice of revocation and the applicant or person to whom the
record pertains timely files a sufficient appeal, the department may
implement the adverse action on the effective date stated in the
notice. The presiding or reviewing officer may order the department to
stay implementation of part or all of the adverse action while the
proceedings are pending if staying implementation is in the public
interest or for other good cause.
(10) The department is authorized to adopt a brief adjudicative
proceeding for proceedings under this chapter, in accordance with
chapter 34.05 RCW. [2019 c 148 s 23.]
RCW 70.58A.560 Fees for certifications or informational copies
of vital records—Exceptions. (1) The department and local registrars
shall charge a fee of twenty-five dollars for a certification or
informational copy of a vital record or for a search of the vital
records system when no matching record was identified, except as
provided in subsection (2) of this section.
(2) The department and local registrars may not charge a fee for
issuing a certification of:
(a) A vital record for use in connection with a claim for
compensation or pension pending before the veterans administration;
(b) The death of a sex offender, for use by a law enforcement
agency in maintaining a registered sex offender database; or
(c) The death of any offender, requested by a county clerk or
court in the state for purposes of extinguishing the offender's legal
financial obligation.
(3) The department may not charge a fee for issuing a birth
certification for homeless persons as defined in RCW 43.185C.010
living in state.
(4) The department and local registrars may charge an electronic
payment fee, in addition to the twenty-five dollar fee for
certification and informational copy of vital records or for a search
of the vital records system, in cases where payment is made by credit
card, charge card, debit card, smart card, stored value card, federal
wire, automatic clearinghouse system, or other electronic
communication.
(5) Local registrars shall keep a true and correct account of all
fees received under this section for the issuance of certifications
and informational copies.
(6) A portion of the twenty-five dollar fee collected by the
local registrars must be transmitted to the state treasurer on a
monthly basis as follows:
(a) Thirteen dollars for each birth certification and birth
informational copy issued;
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(b) Thirteen dollars for each first copy of a death certification
and death informational copy; and
(c) Twenty dollars for each additional death certification and
death informational copy.
(7) For each fee turned over to the state treasurer by the local
registrars, the state treasurer shall:
(a) Pay the department two dollars of each fee for birth
certifications and birth informational copies and first copies of
death certifications and death informational copies;
(b) Pay the department nine dollars of each fee for additional
death certifications and death informational copies; and
(c) Hold eleven dollars of each fee in the death investigations
account established under RCW 43.79.445, except for an heirloom birth
certification issued under RCW 70.58A.530.
(8) Eleven dollars of the twenty-five dollar fee collected by the
department for certifications and informational copies issued by the
department must be transmitted to the state treasurer for the death
investigations account established under RCW 43.79.445.
(9) The department of children, youth, and families shall set a
fee for an heirloom birth certification established under RCW
70.58A.530 for the children's trust fund established under RCW
43.121.100. The department shall collect the fee established under
this subsection when issuing an heirloom birth certification and
transmit the fees collected to the state treasurer for credit to the
children's trust fund. [2019 c 148 s 24.]
RCW 70.58A.570 Duty of local registrar to submit monthly reports
—Duty of state registrar to periodically test and audit fraud
prevention procedures. (1) The local registrar shall, on a monthly
basis, submit the following to the state registrar:
(a) A summary of the number of certifications and informational
copies issued by vital life event type in a format provided by the
state registrar;
(b) A log of all numbered paper certifications issued and
destroyed in a format provided by the state registrar; and
(c) A copy of the accounting of fees required by RCW 70.58A.560.
(2) The state registrar shall periodically test and audit local
registrar fraud prevention procedures and products, and may share the
results of such tests and audits with the local registrar. [2019 c
148 s 25.]
RCW 70.58A.580 Enforcement—Duties of local registrars—
Investigations. (1) All requirements of this chapter must be
uniformly complied with by all local registrars in state.
(2) Local registrars are charged with the strict and thorough
enforcement of the provisions of this chapter in their health
jurisdictions, under the supervision and direction of the state
registrar, and:
(a) Shall immediately report observed or suspected violations of
this chapter to the state registrar;
(b) Shall aid the state registrar, upon request, in
investigations initiated under this section; and
(c) May not issue a certification for a record that is currently
under investigation under this section, or subject to an action under
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RCW 70.58A.550, until such time as the state registrar allows for the
issuance of such certification.
(3) The state registrar may investigate cases of irregularity or
violation of this chapter. In cases where the state registrar finds
reasonable cause to suspect fraud or misrepresentation, the state
registrar shall:
(a) Retain the application and evidence; and
(b) Notify the appropriate authorities.
(4) The state registrar may only release the application and
evidence under subsection (3)(a) of this section upon order of a court
of competent jurisdiction.
(5) When the state registrar deems it necessary, the state
registrar shall report cases of violation of any of the provisions of
this chapter to the prosecuting attorney of the proper county with a
statement of the facts and circumstances.
(6) Prosecuting attorneys, or officials acting in such capacity,
shall initiate and promptly follow up the necessary court proceedings
against the parties responsible for the alleged violations of law
reported to them by the state registrar.
(7) The state registrar may, during the pendency of an
investigation under subsection (3) of this section, or at the
conclusion of an investigation under subsection
(3) of this section,
take any action permitted by this chapter with respect to the affected
certification or record including, but not limited to, denial of
issuance or revocation of the affected certification or record. [2019
c 148 s 26.]
RCW 70.58A.590 Penalties. (1) Every person who violates or
willfully fails, neglects, or refuses to comply with any provisions of
this chapter is guilty of a misdemeanor.
(2) Every person who willfully furnishes false information or who
makes any false statement to establish a vital record or obtain a
certification required by this chapter is guilty of a gross
misdemeanor. [2019 c 148 s 27.]
MISCELLANEOUS PROVISIONS
RCW 70.58A.900 Applicability—2019 c 148. (1) This act applies
to all causes of action commenced on or after January 1, 2021,
regardless of when the cause of action arose.
(2) The requirements of this act apply to all records covered by
this act that are held by the department or state registrar,
regardless of the date the record was created or modified.
(3) In all other respects not specifically indicated in this
section, this chapter applies prospectively. [2019 c 148 s 28.]
RCW 70.58A.901 Effective date—2019 c 148. Except for sections
3 and 43 of this act, this act takes effect January 1, 2021. [2019 c
148 s 42.]
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RCW 70.58A.902 Rule-making authority—2019 c 148. The secretary
and state board of health may adopt rules as authorized by this act to
ensure that the sections in this act are implemented on their
effective dates. [2019 c 148 s 43.]
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