The Texas Department of Health (department) adopts amendments to §§181.1-181.2, 181.5-181.8, 181.10, 181.13-181.14, 181.22-181.24, 181.26, 181.28-181.32, 181.44-181.45, and new 181.33 and 181.34, concerning administrative procedures, issuance of vital records events and statistical information, and the Central Adoption Registry of the Bureau of Vital Statistics. Sections 181.1 and 181.28 are adopted with changes to the proposed text as published in the March 26, 2004, issue of the Texas Register (29 TexReg 3141). The amendments to §§181.2, 181.5-181.8, 181.10, 181.13-181.14, 181.22-181.24, 181.26, 181.29-181.32, 181.44-181.45 and new §§181.33-181.34 are adopted without changes and will not be republished.

Specifically, the amendments cover the following: Subchapter A clarifies key vital statistics words and terms; provides instructions and requirements for the preservation, transportation, and final disposition of dead bodies; set requirements regarding access, confidentiality and filing of supplemental birth certificates, fetal death certificates; and defines the form and content of birth, death, and fetal death certificates. Subchapter B provides instructions, sets requirements, and fees for issuance of certified copies, and registration of birth and death records; defines how abused, misused or flagged records are handled; provides instructions and requirements for filing of amendment to medical certification of the certificate of death; sets minimum requirements for adoption reporting and index access; and establishes notification, maintenance, and preservation requirements for out-of-business child-placing agencies' records. Subchapter C establishes rules for notifying adoptive parents about the Central/Voluntary Adoption Registry; defines the duties, responsibilities and fees associated with the voluntary adoption registries; and provides guidelines pertaining to the confidentiality, notification and the release of information. The new sections provide instructions and requirements for registering a certificate of death by catastrophe and instructions; and requirements for reporting assisted reproduction procedures performed by a health care facility under a gestational agreement.

There were no comments received concerning the proposed rules, however, minor revisions were made due to staff comments.

Change: Concerning §181.1(4), the word "Certification" was changed to "Certified" for clarity.

Change: Concerning §181.28(c)(1), the word "document" was replaced with the word "documents" to correct grammar.

The amendments and new rules are adopted under authority of the Health and Safety Code, §191.003, which provides the Board of Health with authority to adopt necessary rules for collecting, recording, transcribing, compiling, and preserving vital statistics; and §12.001 which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, department, and the Commissioner of Health.