11/13/2015 12:45 pm
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
Agency Decision
Promulgating Board: State Board of Health
Regulatory Coordinator: Joe Hilbert


Agency Contact: Janet Rainey

Director, VDH Division of Vital Records


Contact Address: Department of Health

2001 Maywill Street, Ste. 268

Richmond, VA 23230
Chapter Affected:
12 vac 5 - 550: Board of Health Regulations Governing Vital Records
Statutory Authority: State: Section 32.1-249 through 32.1-276

Federal: N/A
Date Petition Received 11/13/2015
Petitioner James Parrish, Equality Virginia; and Arli Christian, National Center for Transgender Equality
 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 Plan
In accordance with Virginia law, the petition has been filed with the Registrar of Regulations and will be published on December 14, 2014 and posted to the Virginia Regulatory Town Hall at www.townhall.virginia.gov.  Comment on the petition will be accepted until January 4, 2016 and may be posted on the Townhall or sent to the Board. Following receipt of all comment on the petition, and within 90 days of January 4, 2016, the matter will be considered by the State Health Commissioner, acting on behalf of the Board, in order to decide whether to grant the petition.
Publication Date 12/14/2015  (comment period will also begin on this date)
Comment End Date 01/03/2016