Text of VT S 112 (2025)

BILL AS INTRODUCED S.112 2025 Page 1 of 3 VT LEG #379145 v.1 S.112 1 Introduced by Senators Hardy, Clarkson, Gulick, Vyhovsky and White 2 Referred to Committee on 3 Date: 4 Subject: Health; vital records generally; deaths, burials, and autopsies; death 5 certificate; gender identity 6 Statement of purpose of bill as introduced: This bill proposes authorize the 7 State Registrar to correct or amend a death certificate to reflect the gender 8 identity of the deceased person. 9 An act relating to amending a death certificate to reflect gender identity 10 It is hereby enacted by the General Assembly of the State of Vermont: 11 Sec. 1. 18 V.S.A. § 5202a is amended to read: 12 § 5202a. CORRECTION, COMPLETION, OR AMENDMENT OF DEATH 13 CERTIFICATE 14 * * * 15 (g) Gender identity. The State Registrar may correct or amend a death 16 certificate to reflect the deceased person’s gender identity at the time of death, 17 upon application by: 18 (1) the certifying licensed health care professional, medical examiner, 19 hospital, or nursing home; or 20 BILL AS INTRODUCED S.112 2025 Page 2 of 3 VT LEG #379145 v.1 (2) the spouse, adult child, parent or guardian, adult sibling, or adult 1 grandchild of the deceased person. 2 (h) Rules. Pursuant to 3 V.S.A. chapter 25, the Department shall adopt 3 rules as necessary for the purposes of implementing, administering, or 4 enforcing the correction or amendment of death certificates pursuant to 5 subsection (g) of this section. The rules adopted pursuant to this subsection 6 shall include: 7 (1) a list of the documents that may be accepted as prima facie evidence 8 of the deceased person’s gender identity, including any relevant information 9 contained in an advanced directive; 10 (2) the forms and affidavits that shall be used to attest to the deceased 11 person’s identity at the time of death; and 12 (3) procedures for an individual to file a predesignation of their gender 13 identity, which may be used by the State Registrar to render a final decision 14 concerning the correction or amendment of a death certificate. 15 Sec. 2. DEPARTMENT OF HEALTH; RULEMAKING; LEGISLATIVE 16 INTENT 17 It is the intent of the General Assembly that the Department of Health, 18 exercising rulemaking authority pursuant to this act, shall adopt a 19 comprehensive procedure for a health care professional or surviving family 20 member to attest to the gender identity of a deceased person. The procedure 21 BILL AS INTRODUCED S.112 2025 Page 3 of 3 VT LEG #379145 v.1 shall ensure that any conflicting requests for the correction or amendment of 1 the gender identity on a death certificate are resolved through the consideration 2 and review of appropriate evidence. 3 Sec. 3. EFFECTIVE DATE 4 This act shall take effect on July 1, 2025. 5