The Texas Department of Health (department) adopts amendments to §§181.1 - 181.11, 181.13 - 181.14, 181.21, 181.23 - 181.26, 181.28 - 181.32, and 181.41 - 181.47; repeal of §§181.22, 181.27, 181.48 - 181.49; and new §§181.22 and 181.27, 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, 181.26, and 181.44 are adopted with changes to the proposed text as published in the January 31, 2003, issue of the Texas Register (28 TexReg 889). The amendments to §181.2 - 181.11, 181.13 - 181.14, 181.21, 181.23 - 181.25, 181.28 -181.32, 181.41 - 181.43, 181.45 - 181.47, repeal of §§181.22, 181.27, and 181.48 -181.49, and new §§181.22 and 181.27 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 requests for personal data; 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 who can prescribe the form and context of the marriage application form; 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 repeals cover Confidentiality of Records Maintained by Each Registry and Fee Requirement for the Central Adoption Registry. The new sections cover Fees Charged for Vital Records Services and Memorandum of Understanding with the Texas Funeral Service Commission.

The Government Code, §2001.039, requires state agencies to review and consider for readoption each rule adopted by that agency, pursuant to the Government Code, Chapter 2001 (Administrative Procedures Act). Sections §§181.1 - 181.11, 181.13 - 181.14, 181.21 - 181.32 and 181.41 - 181.49 have been reviewed, and the department has determined that the rules should continue to exist; however, changes were necessary.

A Notice of Intention to Review for §§181.1 - 181.11, 181.13 - 181.14; 181.21 - 181.32; and 181.41 - 181.49 was published in the November 17, 2000, issue of the Texas Register (25 TexReg 11528). No comments were received as a result of the publication of this notice.

The following comments were received concerning the proposed rules. Following each comment is the department's response and any resulting changes.

Comment: Concerning §181.1(5), the definition of "certified copy," a commenter stated that the phrase "seal of the State of Texas" should be changed to "state seal." The term "state seal" is used by the legislature, the secretary of state, and to the best of the commenter's knowledge, all other state agencies. If the bureau wishes to be specific about the precise design of the state seal, then the commenter suggested a reference to Title I, Texas Administrative Code, §72.50(1), which is the standard design for the state seal.

Response: The department agrees with the commenter, and has corrected the wording in this paragraph.

Comment: Concerning §181.7(a), (b), and (2), a commenter stated that when a stillbirth or fetal death occurs at the gestation of 20 completed weeks or more, the certificate filed should continue to be referred to as a Certificate of Stillbirth. Furthermore, Texas should consider giving the mother of a stillborn baby a "Certificate of Birth Resulting in Stillbirth."

Response: After consulting with the department's Office of General Council, it was determined that no changes be made as a result of the comment based on the following reasons: There was no live birth, hence no birth certificate should be issued; and issuing a certificate of stillbirth would still require a certificate of fetal death to be issued for the same event.

The comments received were neither for nor against the rules in their entirety; however, the commenters were individuals and raised questions and offered suggestions for changes.

The department has made the following editorial changes due to staff comments to correct punctuation.

Change: Concerning §181.26(d)(5), a semicolon was added after the word "card".

Change: Concerning §181.44(a), a comma was added after the word "(CAR)".

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. The review of these rules implements Government Code, §2001.039.