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