The Department of Health is considering adopting a new rule statewide that would allow people to list themselves as “non-binary” when updating birth certificates.
On August 22, 2017, the Department of Health filed a “Preproposal Statement of Inquiry” to consider adopting the new rule.
This new rule would set procedures for changing birth certificates to show the sex designation that a person identifies with.
They say that the change is similar to one used by the Department of Licensing and would create a “Change of Gender Designation” request form.
In order to change their sex, a medical or mental health professional would need to attest to the gender change.
In addition to male and female, the option of “non-binary” is being proposed for those people who identify as neither male nor female.
The department will post a draft rule will open the change to comments from the public before making the rule effective.
A timeline shows that the change would not go into effect until January 2018.
|ACTIVITY||PLANNED COMPLETION DATE||ACTUAL COMPLETION DATE|
|Notify interested parties of rule making||8/30/17|
|Gather informal comments on draft rule||9/12/17|
|Assess informal comments, revise draft rule if necessary, and prepare analyses||10/18/17|
|File CR 102||11/1/17|
|Notify interested parties of opportunity to comment on proposed rule||11/15/17|
|Assess formal comments and revise rule if necessary||12/13/17|
|File CR 103||12/27/17|
|Respond to formal comments and notify stakeholders of effective date of adopted rule||1/10/17|
More detailed information is available at http://www.doh.wa.gov/DataandStatisticalReports/VitalStatisticsData/RuleMaking.