| 1 | 1 | | BILL AS INTRODUCED H.281 |
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| 2 | 2 | | 2025 Page 1 of 3 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #379878 v.1 |
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| 6 | 6 | | H.281 1 |
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| 7 | 7 | | Introduced by Representatives McCann of Montpelier, Cordes of Bristol, 2 |
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| 8 | 8 | | Graning of Jericho, Logan of Burlington, McGill of Bridport, 3 |
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| 9 | 9 | | Olson of Starksboro, Pouech of Hinesburg, and Priestley of 4 |
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| 10 | 10 | | Bradford 5 |
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| 11 | 11 | | Referred to Committee on 6 |
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| 12 | 12 | | Date: 7 |
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| 13 | 13 | | Subject: Health; vital records generally; deaths, burials, and autopsies; death 8 |
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| 14 | 14 | | certificate; gender identity 9 |
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| 15 | 15 | | Statement of purpose of bill as introduced: This bill proposes to authorize the 10 |
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| 16 | 16 | | State Registrar to correct or amend a death certificate to reflect the gender 11 |
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| 17 | 17 | | identity of the deceased person. 12 |
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| 18 | 18 | | An act relating to amending a death certificate to reflect gender identity 13 |
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| 19 | 19 | | It is hereby enacted by the General Assembly of the State of Vermont: 14 |
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| 20 | 20 | | Sec. 1. 18 V.S.A. § 5202a is amended to read: 15 |
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| 21 | 21 | | § 5202a. CORRECTION, COMPLETION, OR AMENDMENT OF DEATH 16 |
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| 22 | 22 | | CERTIFICATE 17 |
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| 23 | 23 | | * * * 18 BILL AS INTRODUCED H.281 |
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| 24 | 24 | | 2025 Page 2 of 3 |
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| 25 | 25 | | |
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| 26 | 26 | | |
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| 27 | 27 | | VT LEG #379878 v.1 |
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| 28 | 28 | | (g) Gender identity. The State Registrar may correct or amend a death 1 |
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| 29 | 29 | | certificate to reflect the deceased person’s gender identity at the time of death, 2 |
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| 30 | 30 | | upon application by: 3 |
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| 31 | 31 | | (1) the certifying licensed health care professional, medical examiner, 4 |
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| 32 | 32 | | hospital, or nursing home; or 5 |
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| 33 | 33 | | (2) the spouse, child, grandchild, parent, sibling, grandparent, or 6 |
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| 34 | 34 | | guardian of the deceased person. 7 |
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| 35 | 35 | | (h) Rules. Pursuant to 3 V.S.A. chapter 25, the Department shall adopt 8 |
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| 36 | 36 | | rules as necessary for the purposes of implementing, administering, or 9 |
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| 37 | 37 | | enforcing the correction or amendment of death certificates pursuant to 10 |
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| 38 | 38 | | subsection (g) of this section. The rules adopted pursuant to this subsection 11 |
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| 39 | 39 | | shall include: 12 |
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| 40 | 40 | | (1) a list of the documents that may be accepted as prima facie evidence 13 |
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| 41 | 41 | | of the deceased person’s gender identity, including any relevant information 14 |
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| 42 | 42 | | contained in an advanced directive; 15 |
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| 43 | 43 | | (2) the forms and affidavits that shall be used to attest to the deceased 16 |
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| 44 | 44 | | person’s identity at the time of death; and 17 |
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| 45 | 45 | | (3) procedures for an individual to file a predesignation of their gender 18 |
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| 46 | 46 | | identity, which may be used by the State Registrar to render a final decision 19 |
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| 47 | 47 | | concerning the correction or amendment of a death certificate. 20 BILL AS INTRODUCED H.281 |
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| 48 | 48 | | 2025 Page 3 of 3 |
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| 50 | 50 | | |
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| 51 | 51 | | VT LEG #379878 v.1 |
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| 52 | 52 | | Sec. 2. DEPARTMENT OF HEALTH; RULEMAKING; LEGISLATIVE 1 |
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| 53 | 53 | | INTENT 2 |
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| 54 | 54 | | It is the intent of the General Assembly that the Department of Health, 3 |
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| 55 | 55 | | exercising rulemaking authority pursuant to this act, shall adopt a 4 |
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| 56 | 56 | | comprehensive procedure for a health care professional or surviving family 5 |
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| 57 | 57 | | member to attest to the gender identity of a deceased person. The procedure 6 |
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| 58 | 58 | | shall ensure that any conflicting requests for the correction or amendment of 7 |
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| 59 | 59 | | the gender identity on a death certificate are resolved through the consideration 8 |
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| 60 | 60 | | and review of appropriate evidence. 9 |
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| 61 | 61 | | Sec. 3. EFFECTIVE DATE 10 |
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| 62 | 62 | | This act shall take effect on July 1, 2025. 11 |
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