The Executive Commissioner of the Health and Human Services Commission (commission), on behalf of the Department of State Health Services (department), adopts amendments to §§181.1, 181.2, 181.6, 181.8 - 181.11, 181.13, 181.21 - 181.34, and 181.42 - 181.45 and new §§181.35, 181.50 - 181.54, and 181.60 - 181.65, concerning the administration and registration of vital statistics records. The rules are adopted without changes to the proposed text as published in the February 15, 2013, issue of the Texas Register (38 TexReg 759) and, therefore, the sections will not be republished.

BACKGROUND AND PURPOSE

Government Code, §2001.039, requires that each state agency review and consider for re-adoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act), according to the schedule listed therein. Sections 181.1, 181.2, 181.6, 181.8 - 181.11, 181.13, 181.21 - 181.34, and 181.42 -181.45 have been reviewed, and the department has determined that the rules should continue to exist, with the amendments, because rules on this subject are needed.

SECTION-BY-SECTION SUMMARY

The amendment to §181.1 updates definitions by adding a new definition for "Vital Statistics Unit"; deleting the definition for the "Bureau of Vital Statistics"; and revising various definitions to update legacy agency references.

The amendments to §§181.2, 181.9, 181.11, 181.13, 181.22, 181.23, 181.24, 181.27, 181.29 - 181.32, 181.34, and 181.42 - 181.45 clarify existing language and update legacy agency references from the "Bureau of Vital Statistics" to the "Vital Statistics Unit."

The amendments to §181.6 update recent operational changes, clarifying the responsibility of the State Registrar and Local Registrar's responsibility to file the disinterment permit as opposed to amending the certificate. This is in accordance with House Bill (HB) 2927, 81st Legislature, Regular Session, 2009, which amended Health and Safety Code, Chapter 711, relating to the regulation of cemeteries by state and local government.

Amendments to §181.8 update recent operational changes to enhance the confidentiality of adoption records by shredding paper birth records using a cross cut paper shredder and removing any birth records stored in electronic format from storage media in accordance with the National Institute of Standards and Technologies (NIST) "Guidelines for Media Sanitation" (Publication SP-800-88). The amendments also clarify the submittal of Acknowledgement of Paternity documents and update legacy agency references.

Amendments to §181.10 update legacy agency references and clarify the method of availability of birth record copies.

Section 181.11 was amended by revising the legal reference in the Health and Safety Code from §191.005 and §192.006 to §191.0045.

The amendment to §181.21 clarifies the criteria for refusal of issuance of records.

The amendment to §181.25 updates legacy agency references and complies with legislative mandates in House Bill (HB) 3666, 81st Legislature, Regular Session, 2009, relating to the application for the issuance of a marriage license which amended Family Code, Subchapter C, §2.209, "Duplicate License."

The amendment to §181.26 updates recent operational changes and clarifies existing language regarding the filing of birth certificates for infants born outside of a licensed institution.

The amendments to §181.28 update recent operational changes, clarify existing language, and address recommendations of Rider 72, 82nd Legislature, 2011, the 2006 Internal Audit, and the 2009 State Audit to issue birth certificates only to qualified applicants.

The amendments to §181.33 update legacy agency references and update obsolete language relative to the completion of a certificate of death.

New §181.35 complies with legislative mandates in HB 3666, 81st Legislature, Regular Session, 2009, which amended Family Code, Subchapter B, §2.102, "Parental Consent of Underage Applicants to Marriage," relating to the application for the issuance of a marriage license.

The amendments to §§181.42 - 181.45 update policies and procedures concerning the Central Adoption Registry.

New §§181.50 - 181.54 concern birth registration, certification requirements and procedures, continuing education requirements and application for Birth Registrar certification and recertification.

New §§181.60 - 181.65 concern delayed birth certification; requirements and acceptability of documentation; verification by the State Registrar; and dismissal after non-completion of application within one year.

COMMENT

The department, on behalf of the commission, has reviewed and prepared responses to the comments received regarding the proposed rules during the comment period, which the commission has reviewed and accepts. One person commented. The commenter was not against the rules in their entirety; however, the commenter suggested recommendations as discussed in the summary of comments.

Comment: The definition of "Fetal Death (stillbirth)" is included in §181.1 and is in current rule in §181.7. Section 181.7 is not included in the proposed rules text nor is "no change" noted for this rule. The public should be made aware if there are changes.

Response: Section 181.1(11) was renumbered to §181.1(10); however, no changes were made to the actual rule text nor to the rule in §181.7, Fetal Death (Stillbirth). Therefore, no change was made as a result of this comment.

Comment: Although the definition of "Genealogist" is included in §181.1(12) of the proposed rules, it is not included elsewhere in the proposed rules. The public should be made aware which proposed rules are linked with the term "Genealogist" as defined.

Response: Section 181.1(12) was renumbered to §181.1(11); however, no change was made to the definition of "Genealogist." Therefore, no change was made as a result of this comment.

Comment: The professions of "licensed funeral director" and "professional archeologist" are used in the proposed rules; these professions are not included in the definitions in §181.1. The public should be made aware of the statutes or commissions that govern these professions and why these professions are involved in disinterment; the involvement should not be left to supposition.

Response: The term "professional archeologist" was added to §181.6(b) as a result of a statute change to Health and Safety Code, §711.0105, which added "professional archeologist" as an entity allowed to oversee the disinterment of remains. The term "licensed funeral director" was already included in the rule text and is in Health and Safety Code, Chapter 711. Therefore, no change was made as a result of this comment.

Comment: Section 181.8(e)(1) and (4) rule text are the same as in current rule, and the public should be made aware if there are changes.

Response: Section 181.8(d)(1) and (4) were renumbered to §181.8(e)(1) and (4); however, no changes were made to the actual rule text in paragraphs (1) and (4). Therefore, no changes were made as a result of this comment.

Comment: Although "(No change)" is indicated for §181.13(a) - (c), the "(No change)" reference is inconsistent with changes made in other sections of the proposed rules concerning capitalization; changes in §§181.1(3), 181.1(16), 181.2(b) and 181.21(a)(2) are examples of changes needed for §181.13(a) and (b). The terms "state registrar" should be capitalized as "State Registrar" in §181.13(a) and (b).

Response: The "(No change)" reference indicates that there are no changes to the existing text in §181.13(a) - (c) as published in the February 15, 2013, issue of the Texas Register. After reviewing the rules published in the Texas Register (38 TexReg 759), there are not any inconsistencies in capitalization. Therefore, no change was made as a result of this comment.

LEGAL CERTIFICATION

The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the rules, as adopted, have been reviewed by legal counsel and found to be a valid exercise of the agencies' legal authority.

STATUTORY AUTHORITY

The amendments and new rule are authorized by Health and Safety Code, §191.002, which authorizes rules necessary for the effective administration of Vital Statistics Records; Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001. Review of the sections implements Government Code, §2001.039.