TITLE 12. HEALTH

STATE BOARD OF HEALTH

Agency Decision

Title of Regulation: 12VAC5-550. Board of Health Regulations Governing Vital Records.

Statutory Authority: § 32.1-12 and 32.1-249 through 32.1-276 of the Code of Virginia.

Name of Petitioner: James Parrish, Equality Virginia; and Arli Christian, National Center for Transgender Equality.

Nature of Petitioner's Request: The petitioner requests that the vital records regulations be amended as follows: Virginia's birth certificate gender change regulation should not require surgery, based on a modern understanding of appropriate treatment for transgender people. Virginia's birth certificate gender change regulation should not require a court order, as courts are a costly and complicated barrier to many transgender people, and medical providers, rather than judges, have the professional expertise to request the appropriate gender marker on a birth certificate.

Agency Decision: Request denied.

Statement of Reason for Decision: The Board of Health does not have statutory authority to amend the Regulations Governing Vital Records (12VAC5-550) as requested by the petitioner. Section 32.1-269 E of the Code of Virginia states as follows: "Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual has been changed by medical procedure and upon request of such person, the State Registrar shall amend such person's certificate of birth to show the change of sex and, if a certified copy of a court order changing the person's name is submitted, to show a new name." Given this current statutory requirement, legislation would need to be enacted authorizing the Board of Health to amend the regulations as requested.

Agency Contact: Janet Rainey, Director, Department of Health, Division of Vital Records, 2001 Maywill Street, Suite 268, Richmond, VA 23230, telephone (804) 662-5245, FAX (804) 662-6272, or email janet.rainey@vdh.virginia.gov.

VA.R. Doc. No. R16-07; Filed March 17, 2016, 3:41 p.m.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Agency Decision

Title of Regulation: 12VAC30-20. Administration of Medical Assistance Services.

Statutory Authority: § 32.1-325 of the Code of Virginia.

Name of Petitioner: Jeremiah J. Jewett, III.

Nature of Petitioner's Request: The petitioner requests that the formal appeals regulations be amended as follows: "The DMAS director shall issue the final agency case decision to the provider, with a copy to the hearing officer, within 60 days of receipt of the hearing officer's recommended decision."

Agency Decision: Request denied.

Statement of Reason for Decision: After considering the petition for rulemaking, the DMAS director, under the authority of § 32.1-324 of the Code of Virginia, determined that the requested change does not require regulatory action. DMAS will begin sending final agency decisions to the provider, with a copy to the hearing officer. The copy sent to the hearing officer will not be redacted.

Agency Contact: Emily McClellan, Regulatory Supervisor, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, or email emily.mcclellan@dmas.virginia.gov.

VA.R. Doc. No. R16-14; Filed March 18, 2016, 1:27 p.m.