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REGS : 10.03.01 Vital Records (HEALTH STATISTICS)

Maryland Register
Issue Date:  October 30, 2014
Volume 42• Issue 22• Pages 1382—1383
Title 10
10.03.01 Vital Records
Authority: Health-General Article, §4-211(b), Annotated Code of Maryland
Notice of Proposed Action
The Secretary of Health and Mental Hygiene proposes to amend Regulation .03 under COMAR 10.03.01 Vital Records.
Statement of Purpose
The purpose of this action is to remove the requirement that an individual submit a court order specifying that the individual’s sex has been changed through surgery and directing the Secretary to change the sex on individual’s birth certificate. This change is being made to conform with a change to Maryland statute which allows the Secretary to prepare a new birth certificate changing an individual’s sex upon receipt of a signed statement from a licensed health care practitioner that an individual has undergone surgical, hormonal, or other treatment appropriate for the individual, or that an individual has an intersex condition and the sex should be changed accordingly.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
I. Summary of Economic Impact. There will be a minimal increase in revenue of approximately $4800/year since individuals requesting changes to birth records will be required to pay a fee of $24 for making the change and $24 to purchase a copy of the new certificate.
Revenue (R+/R-)
II. Types of Economic Impact.

A. On issuing agency:
$4,800 per year
B. On other State agencies:
C. On local governments:
Benefit (+)
Cost (-)

D. On regulated industries or trade groups:
$4,800 per year
E. On other industries or trade groups:
F. Direct and indirect effects on public:
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. and D. Assuming that 100 individuals a year will request changes to sex on birth records (fees for making changes to certificates $24 x 100 = $2,400) and purchase a copy of the new record (fees for issuing copies of certificates $24 x 100 = $2,400), there will be an increase in revenue of $4,800 per year ($2,400 + $2,400). All fees collected by the Division of Vital Records are transferred to the General Fund.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to, or fax to 410-767-6483. Comments will be accepted through November 30, 2015. A public hearing has not been scheduled.
.03 Birth Registration.
A.—B. (text unchanged)
C. Amending or Correcting Data on Birth Certificate Other than Name.
(1) To amend or correct data other than the name on a birth certificate, the following documents and information shall be submitted:
(a)—(c) (text unchanged)
[(d) For sex changed by surgery, a court order shall be submitted specifying that the sex of the individual has been changed and directing the Secretary to change the data concerning the sex of the individual, and any other relevant data.]
(2) (text unchanged)
D.—F. (text unchanged)
Secretary of Health and Mental Hygiene

 Content Editor