reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 18 - Health › Chapter 105 - Civil Marriage Records and Licenses › § 5144. Persons authorized to solemnize marriage

§ 5144. Persons authorized to solemnize marriage
(a) Marriages may be solemnized by:
(1) a Supreme Court Justice, a Superior judge, a judge of Probate, an assistant judge, a justice of the peace, a magistrate, a Judicial Bureau hearing officer, or an individual who has registered as a temporary officiant with the Vermont Secretary of State pursuant to section 5144a of this title;
(2) a member of the clergy ordained, licensed, or otherwise regularly authorized by the published laws or discipline of the general conference, convention, or other authority of his or her faith or denomination who:
(A) resides in this State;
(B) resides in New Hampshire, Massachusetts, or New York or in the adjacent province of Quebec, Canada, whose parish, church, temple, mosque, or other religious organization lies wholly or in part in this State; or
(C) resides in some other state of the United States or in Canada and whose parish, church, temple, mosque, or other religious organization lies wholly outside this State, provided he or she has first secured from the Probate Division of the Superior Court in the unit within which the marriage is to be solemnized a special authorization, authorizing him or her to certify the marriage if the Probate judge determines that the circumstances make the special authorization desirable.
(b) Marriage among the Friends or Quakers, the Christadelphian Ecclesia, and the Baha’i Faith may be solemnized in the manner used in such societies.
(c) This section does not require a member of the clergy authorized to solemnize a marriage as set forth in subsection (a) of this section, nor societies of Friends or Quakers, the Christadelphian Ecclesia, or the Baha’i Faith to solemnize any marriage, and any refusal to do so shall not create any civil claim or cause of action. (Amended 1965, No. 194, § 10, eff. Feb. 1, 1967; 1971, No. 22, eff. March 23, 1971; 1975, No. 1; 1979, No. 142 (Adj. Sess.), § 26; 1981, No. 113 (Adj. Sess.); 1999, No. 91 (Adj. Sess.), § 28; 2007, No. 148 (Adj. Sess.), § 1; 2009, No. 3, § 9, eff. Sept. 1, 2009; 2009, No. 154 (Adj. Sess.), § 147; 2013, No. 164 (Adj. Sess.), § 1, eff. May 28, 2014; 2017, No. 96 (Adj. Sess.), § 1, eff. April 11, 2018.)
2023 Vermont Statutes › Title 18 - Health › Chapter 105 - Civil Marriage Records and Licenses › § 5144a. Temporary officiant for marriages

§ 5144a. Temporary officiant for marriages
(a) By registering with the Secretary of State, an individual may temporarily be authorized to solemnize a marriage in this State. When registering, the individual shall provide:
(1) A completed registration form provided by the Secretary of State.
(2) A $100.00 fee.
(b) Upon registration as a temporary officiant, the individual shall be authorized to solemnize only the civil marriage designated on the registration form, and shall receive proof of that authority from the Secretary of State. The individual’s authority to solemnize that civil marriage shall expire at the same time as the corresponding license. (Added 2007, No. 148 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 105 - Civil Marriage Records and Licenses › § 5145. Civil marriage license required for solemnization

§ 5145. Civil marriage license required for solemnization
Persons authorized by section 5144 of this title to solemnize marriage shall require a civil marriage license of the parties, before solemnizing such marriage. The license shall afford full immunity to the person who solemnizes the marriage. (Amended 1965, No. 194, § 10, eff. Feb. 1, 1967; 1969, No. 164 (Adj. Sess.), § 2; 1979, No. 142 (Adj. Sess.), § 15; 1987, No. 198 (Adj. Sess.); 1991, No. 198 (Adj. Sess.); 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
2023 Vermont Statutes › Title 18 - Health › Chapter 105 - Civil Marriage Records and Licenses › § 5146. Penalty for solemnization without license or failure to return

§ 5146. Penalty for solemnization without license or failure to return
A person who solemnizes a marriage without first obtaining of the parties the license required by law, or who fails to properly fill out the form thereon provided for his or her use and return the license and certificate of civil marriage to the clerk’s office from which it was issued within 10 days from the date of the marriage, shall be fined not less than $10.00. (Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
2023 Vermont Statutes › Title 18 - Health › Chapter 105 - Civil Marriage Records and Licenses › § 5147. Solemnization by unauthorized person; penalty; validity of marriage

§ 5147. Solemnization by unauthorized person; penalty; validity of marriage
(a) An individual who, knowing that he or she is not authorized so to do, undertakes to join others in marriage, shall be imprisoned not more than six months or fined not more than $300.00 nor less than $100.00, or both.
(b) A marriage solemnized by an individual who was not authorized to do so under this chapter shall not be void or invalid, provided that the marriage is in other respects lawful and is consummated with a belief on the part of either party so married that the couple were lawfully joined in marriage. (Amended 1981, No. 223 (Adj. Sess.), § 23; 2017, No. 46, § 46, eff. July 1, 2019.)
2023 Vermont Statutes › Title 18 - Health › Chapter 105 - Civil Marriage Records and Licenses › § 5148. Evidence of marriage

§ 5148. Evidence of marriage
A copy of the record of the civil marriage made by a person required by law at the time the marriage was solemnized to make and keep the record certified by such person, or by the town or county clerk or the State Registrar or the State Archivist, if the record is in his or her office, shall be in all courts presumptive evidence of the fact of such marriage. (Amended 1979, No. 56, § 100; 2007, No. 96 (Adj. Sess.), § 9; 2017, No. 46, § 58, eff. July 1, 2019.)
2023 Vermont Statutes › Title 18 - Health › Chapter 105 - Civil Marriage Records and Licenses › § 5150. Correction of civil marriage certificate

§ 5150. Correction of civil marriage certificate
(a) Within six months after a marriage is solemnized, the town clerk may correct or complete a civil marriage certificate upon application by a party to the marriage or by the person who solemnized the marriage. The town clerk may correct or complete the certificate accordingly and shall certify thereon that such correction or completion was made pursuant to this section, with the date thereof. In his or her discretion, the town clerk may refuse an application for correction or completion, in which case, the applicant may petition the Probate Division of the Superior Court for such correction or completion.
(b) After six months from the date a marriage is solemnized, a civil marriage certificate may only be corrected or amended pursuant to decree of the Probate Division of the Superior Court in which district the original certificate is filed.
(c) The Probate Division of the Superior Court to which the application is made shall set a time for a hearing and, if the court deems necessary, cause notice of the time and place of the hearing to be given by posting the same in the Probate Division of the Superior Court office and, after hearing, shall make such findings, with respect to the correction of such civil marriage certificate as are supported by the evidence. The court shall then issue a decree setting forth the facts as found, and transmit a certified copy of such decree to the State Registrar. The State Registrar shall transmit the same to the appropriate town clerk to amend the original or issue a new certificate. The words “Court Amended” shall be typed, written, or stamped at the top of the new or amended certificate with the date of the decree and the name of the issuing court. (Added 1979, No. 142 (Adj. Sess.), § 24; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 46, § 58, eff. July 1, 2019; 2023, No. 6, § 159, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 105 - Civil Marriage Records and Licenses › § 5151. Delayed certificates of civil marriage

§ 5151. Delayed certificates of civil marriage
(a) A couple married in this State for whom no certificate of civil marriage was filed as required by law, may petition the Probate Division of the Superior Court of the district in which the civil marriage license was obtained to determine the facts with respect to this civil marriage and to order the issuance of a delayed certificate of civil marriage.
(b) The Probate Division of the Superior Court shall set a time for hearing on the petition and, if such court deems necessary, cause the notice of the time and place of the hearing to be given by posting a notice in the probate office. After hearing proper and relevant evidence as may be presented, the court shall make findings with respect to the civil marriage of the couple as are supported by the evidence.
(c) The court shall issue a decree setting forth the facts as found and transmit a certified copy of said facts to the State Registrar.
(d) Where a delayed certificate is to be issued, the State Registrar shall prepare a delayed certificate of civil marriage and transmit it, with the decree, to the clerk of the town where the civil marriage license was issued. This delayed certificate shall have the word “Delayed” printed at the top and shall certify that the certificate was ordered by a court pursuant to this chapter, with the date of the decree. The town clerk shall file the delayed certificate and, in accordance with the provisions of section 5010 of this title, furnish a copy to the State Registrar.
(e) Town clerks receiving new certificates in accordance with this section shall file and index them in the most recent book of marriages and also index them with marriages occurring at the same time. (Added 1987, No. 43, eff. May 13, 1987; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 46, § 58, eff. July 1, 2019.)
2023 Vermont Statutes › Title 18 - Health › Chapter 106 - Civil Union; Records and Licenses › § 5166. Certification by unauthorized person; penalty; validity of civil unions

§ 5166. Certification by unauthorized person; penalty; validity of civil unions
(a) An unauthorized person who knowingly undertakes to join others in a civil union shall be imprisoned not more than six months or fined not more than $300.00 nor less than $100.00, or both.
(b) A civil union certified before a person falsely professing to be a justice or a member of the clergy shall be valid, provided that the civil union is in other respects lawful, and that either of the parties to a civil union believed that he or she was lawfully joined in a civil union. (Added 1999, No. 91 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 18 - Health › Chapter 106 - Civil Union; Records and Licenses › § 5167. Evidence of civil union

§ 5167. Evidence of civil union
A copy of the record of the civil union received from the town or county clerk, the Commissioner of Health, or the State Archivist shall be presumptive evidence of the civil union in all courts. (Added 1999, No. 91 (Adj. Sess.), § 5; amended 2007, No. 96 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 18 - Health › Chapter 106 - Civil Union; Records and Licenses › § 5168. Correction of civil union certificate

§ 5168. Correction of civil union certificate
(a) Within six months after a civil union is certified, the town clerk may correct or complete a civil union certificate, upon application by a party to a civil union or by the person who certified the civil union. The town clerk shall certify that such correction or completion was made pursuant to this section and note the date. The town clerk may refuse an application for correction or completion; in which case, the applicant may petition the Probate Division of the Superior Court for such correction or completion.
(b) After six months from the date a civil union is certified, a civil union certificate may only be corrected or amended pursuant to decree of the Probate Division of the Superior Court in the district where the original certificate is filed.
(c) The Probate Division of the Superior Court shall set a time for a hearing and, if the court deems necessary, give notice of the time and place by posting such information in the Probate Division of the Superior Court office. After a hearing, the court shall make findings with respect to the correction of the civil union certificate as are supported by the evidence. The court shall issue a decree setting forth the facts as found and transmit a certified copy of the decree to the State Registrar. The State Registrar shall transmit the same to the appropriate town clerk to amend the original or issue a new certificate. The words “Court Amended” shall be typed, written, or stamped at the top of the new or amended certificate with the date of the decree and the name of the issuing court. (Added 1999, No. 91 (Adj. Sess.), § 5; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 46, § 58, eff. July 1, 2019.)
2023 Vermont Statutes › Title 18 - Health › Chapter 106 - Civil Union; Records and Licenses › § 5169. Delayed certificates of civil union

§ 5169. Delayed certificates of civil union
(a) Persons who were parties to a certified civil union ceremony in this State for whom no certificate of civil union was filed as required by law may petition the Probate Division of the Superior Court of the district in which the civil union license was obtained to determine the facts and to order the issuance of a delayed certificate of civil union.
(b) The Probate Division of the Superior Court shall set a time for hearing on the petition and, if the court deems necessary, give notice of the time and place by posting such information in the Probate Court office. After hearing proper and relevant evidence as may be presented, the court shall make findings with respect to the civil union as are supported by the evidence.
(c) The court shall issue a decree setting forth the facts as found and transmit a certified copy of said facts to the State Registrar.
(d) Where a delayed certificate is to be issued, the State Registrar shall prepare a delayed certificate of civil union and transmit it, with the decree, to the clerk of the town where the civil union license was issued. This delayed certificate shall have the word “Delayed” printed at the top and shall certify that the certificate was ordered by a court pursuant to this chapter, with the date of the decree. The town clerk shall file the delayed certificate and, in accordance with the provisions of section 5010 of this title, furnish a copy to the State Registrar.
(e) Town clerks receiving new certificates in accordance with this section shall file and index them in the most recent book of civil unions and also index them with civil unions occurring at the same time. (Added 1999, No. 91 (Adj. Sess.), § 5; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 46, § 58, eff. July 1, 2019.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5200. Definitions

§ 5200. Definitions
As used in this chapter:
(1) “Cemetery” has the same meaning as in section 5302 of this title.
(2) “Cremation” has the same meaning as in section 5302 of this title.
(3) “Disposition facility” has the same meaning as in section 5302 of this title.
(4) “Natural organic reduction” has the same meaning as in section 5302 of this title. (Added 2021, No. 169 (Adj. Sess.), § 1, eff. January 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5202. Report of death; death certificate; duties of licensed health care professional

§ 5202. Report of death; death certificate; duties of licensed health care professional
(a)(1) Within 24 hours after a death, the licensed health care professional who last attended a deceased person shall submit the medical portion of a report of death in a manner prescribed by the State Registrar. If the licensed health care professional who attended the death is unable to state the cause of death, he or she shall immediately notify the licensed health care professional, if any, who was in charge of the patient’s care, and he or she shall fulfill this requirement.
(2) If neither health care professional is able to state the cause of death, the provisions of section 5205 of this title apply.
(3) The licensed health care professional may delegate to the funeral director or the person in charge of the body, with that individual’s consent, the responsibility of completing the nonmedical portion of the report of death.
(4) The State Registrar shall furnish the agency responsible for veterans’ affairs information as to the deceased’s status as a veteran.
(5) The State Registrar shall register the report of death in the Statewide Registration System upon receipt of the required information. The portion of the report of death that is not confidential under section 5014 of this title is the death certificate.
(b) When a death certificate is not available prior to burial or transportation of a body, any licensed health care professional who has access to the facts and can certify that the death is not subject to the provisions of section 5205 of this title may complete and sign a preliminary report of death on a form prescribed by the State Registrar. The health care professional may delegate completion of the nonmedical facts to any funeral director or person in charge of the body with access to the nonmedical facts, with that individual’s consent. A person authorized to issue a burial-transit permit shall accept a properly completed preliminary report and issue a burial-transit permit. The preliminary report may be destroyed six months after the death certificate has been registered. This subsection does not relieve a licensed health care professional from his or her responsibilities under subsection (a) of this section. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1963, No. 102, § 2, eff. May 22, 1963; 1969, No. 265 (Adj. Sess.), § 10; 1979, No. 142 (Adj. Sess.), § 26; 1997, No. 40, § 22b; 2009, No. 151 (Adj. Sess.), § 6, eff. Jan. 1, 2012; 2017, No. 46, § 47, eff. July 1, 2019.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5202a. Correction, completion, or amendment of death certificate

§ 5202a. Correction, completion, or amendment of death certificate
(a) Corrections; completions. Within six months after the date of death, the State Registrar may correct or complete a death certificate upon application by the certifying licensed health care professional, medical examiner, hospital, nursing home, or funeral director, if the application and relevant evidence, if any, show that the correction or completion is warranted.
(b) Amendments. After six months from the date of death, any alteration of a death certificate shall be deemed an amendment. Upon application by a person specified in subsection (a) of this section, the State Registrar may amend the death certificate if the application and relevant evidence, if any, show that the amendment is warranted.
(c) Appeal. If the State Registrar denies an application for a correction, completion, or amendment under this section, the applicant may petition the Probate Division of the Superior Court, which shall review the application and relevant evidence de novo to determine if the requested action is warranted. The court shall transmit a decree ordering a correction, completion, or amendment to the State Registrar, who shall take action in accordance with the decree.
(d) Documentation of changes. The State Registrar shall make corrections, completions, and amendments in the Statewide Registration System. A corrected or completed certificate issued from the System shall be free of any evidence of the alteration and shall not be marked “Amended.” Any amended death certificate issued from the System shall indicate the word “Amended” and the date of amendment. The State Registrar shall enter into and maintain in the System the identity of the person requesting the correction, completion, or amendment, the nature and content of the change, the identity of the person making the change in the System, and the date the change was made.
(e) [Repealed.]
(f) Cause of death. The State Registrar shall only correct, complete, or amend the medical certification of the cause of death upon application by the medical examiner or certifying licensed health care professional. (Added 1979, No. 142 (Adj. Sess.), § 25; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 46, § 52, eff. July 1, 2018; 2018, No. 11 (Sp. Sess.), § I.9, eff. July 1, 2019; 2021, No. 15, § 4.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5206. Penalty for failure to submit report of death

§ 5206. Penalty for failure to submit report of death
A licensed health care professional who fails to cause the medical portion of a report of death to be submitted within 24 hours after the death of a person, containing a true statement of the cause of such death, so far as these facts are obtainable, shall be fined not more than $100.00. (Amended 1963, No. 102, § 3, eff. May 22, 1963; 1969, No. 265 (Adj. Sess.), § 13; 2017, No. 46, § 51, eff. July 1, 2019.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5207. Certificate furnished family; burial-transit permit

§ 5207. Certificate furnished family; burial-transit permit
Within 24 hours after death, the death certificate shall be made available upon request to the family of the deceased, if any, or the undertaker or person who has charge of the body. The certificate shall be filed with the person issuing the burial-transit permit obtained by the person who has charge of the body before permanent disposition or removal from the town. When the death certificate is so filed, the officer or person shall immediately issue a burial-transit permit under legal restrictions and safeguards. (Amended 2017, No. 46, § 53, eff. July 1, 2019; 2021, No. 169 (Adj. Sess.), § 3, eff. January 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5208. Department of Health; report on statistics

§ 5208. Department of Health; report on statistics
(a) Notwithstanding the provisions of 2 V.S.A. § 20(d), beginning October 1, 2011 and every two years thereafter, the Vermont Department of Health shall report to the House Committees on Human Services and on Health Care and the Senate Committee on Health and Welfare regarding the number of persons who died during the preceding two calendar years in hospital emergency rooms, in other hospital settings, in their own homes, in a nursing home, in a hospice facility, and in any other setting for which information is available, as well as whether each decedent received hospice care within the last 30 days of his or her life. Beginning with the 2013 report, the Department shall include information on the number of persons who died in hospital intensive care units, assisted living facilities, or residential care homes during the preceding two calendar years.
(b) [Repealed.] (Added 2009, No. 25, § 16; amended 2013, No. 75, § 18a; 2017, No. 154 (Adj. Sess.), § 4b, eff. May 21, 2018.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5209. Death out of State; burial permit

§ 5209. Death out of State; burial permit
Whenever a dead body is brought into this State for burial or entombment accompanied by a removal permit issued under the laws of the state from which such body is brought, such permit shall be received as sufficient authority for burial; but if not accompanied by such permit, the person in charge thereof shall apply to the clerk of the town in which such body is to be buried for a burial permit, and the clerk shall issue such permit when furnished with such information as is required by law of this State as to the identity and cause of death of a person dying in this State.
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5210. Form of burial or removal permit

§ 5210. Form of burial or removal permit
If it is desired to bury, entomb, or otherwise dispose of a dead body within the limits of a town where the death occurred, the certificate of permission shall state plainly the time, place, and manner of such burial, entombment, or disposition. If it is desired to remove a dead body from the town where the death occurred, the certificate of permission shall contain the essential facts contained in the certificate of death on which it is issued, shall accompany the body to its destination, and may be accepted as a permit for permanent disposition by a sexton or other person having the care of a cemetery, burial ground, tomb, or receiving vault. (Added 1951, No. 170, § 267; amended 2021, No. 169 (Adj. Sess.), § 4, eff. January 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5211. Unauthorized burial or removal; penalty

§ 5211. Unauthorized burial or removal; penalty
A person who buries, entombs, transports, or removes the dead body of a person without a burial-transit permit so to do, or in any other manner or at any other time or place than as specified in such permit, shall be imprisoned not more than five years or fined not more than $1,000.00, or both. (Amended 1969, No. 265 (Adj. Sess.), § 14; 2017, No. 46, § 54, eff. July 1, 2019.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5212. Permit to remove dead bodies

§ 5212. Permit to remove dead bodies
(a) A person desirous of disinterring or removing the body of a human being from one cemetery to another cemetery or to another part of the same cemetery or from a tomb or receiving vault elsewhere shall apply to the clerk of the municipality in which the dead body is interred or entombed for a removal permit.
(b) An applicant for a removal permit shall publish notice of his or her intent to remove the remains. This notice shall be published for two successive weeks in a newspaper of general circulation in the municipality in which the body is interred or entombed. The notice shall include a statement that the spouse, child, parent, sibling, or descendant of the deceased, or that the cemetery commissioner or other municipal authority responsible for cemeteries in the municipality may object to the proposed removal by filing a complaint in the Probate Division of the Superior Court of the district in which the body is located as provided in section 5212a of this title.
(c) The municipal clerk shall issue a removal permit 45 days after the date on which notice was last published pursuant to subsection (b) of this section or, if an objection is made pursuant to section 5212a, of this title upon order of the court.
(d) Notwithstanding the provisions of subsections (b) and (c) of this section, a removal permit shall be issued upon application:
(1) when removal is necessary because of temporary entombment; or
(2) to a federal, state, county, or municipal official acting pursuant to official duties; or
(3) if the applicant has written permission to remove the remains from all persons entitled to object under section 5212a of this title.
(e) This section does not apply to:
(1) Unmarked burial sites that are subject to the provisions of subchapter 1 of this chapter.
(2) The removal of “historic remains,” which has the same meaning as in subdivision 5217(a)(1) of this title. (Amended 1985, No. 206 (Adj. Sess.), § 1, eff. June 2, 1986; 2009, No. 151 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5212a. Removal; objections

§ 5212a. Removal; objections
(a) Unless removal is otherwise authorized by law, a spouse, child, parent, or sibling of the deceased may, within 30 days after the date notice was last published under section 5212 of this title, object to the proposed removal by filing a complaint in the Probate Division of the Superior Court of the district in which the body is interred or entombed. A copy of the complaint shall be filed with the clerk of the town where the body is interred or entombed.
(b) The Probate Division of the Superior Court shall, after hearing, issue its order authorizing removal of the body unless:
(1) removal would be contrary to the expressed intent of the deceased;
(2) removal is objected to by the surviving spouse of the deceased;
(3) removal is objected to by an adult son or daughter of the deceased and there is no surviving spouse of the deceased;
(4) removal is objected to by a parent of the deceased and there is no surviving spouse or son or daughter of the deceased; or
(5) removal is objected to by an adult sibling of the deceased and there is no surviving spouse, son or daughter, or parent of the deceased. (Added 1985, No. 206 (Adj. Sess.), § 2, eff. June 2, 1986; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5213. Removal; form and disposition of permit

§ 5213. Removal; form and disposition of permit
Such permit shall state specifically the location of the body’s permanent disposition and the time and manner of its removal. A town clerk issuing such a permit shall make it in duplicate if the body is to be removed from the town, one copy of which shall be delivered to the person having charge of the cemetery or tomb from which the body is to be taken, and the other shall be delivered to the person having charge of the cemetery or tomb where it is desired to place the body. (Amended 1979, No. 142 (Adj. Sess.), § 17; 2021, No. 169 (Adj. Sess.), § 5, eff. January 1, 2023; 2023, No. 6, § 161, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5214. Duties of sexton; no burial or removal without permit

§ 5214. Duties of sexton; no burial or removal without permit
A sexton or other person having the care of a cemetery, tomb, or receiving vault shall not receive or permit the burial or entombment of a dead body, or the remains of a dead body, in the cemetery or tomb of which he or she has charge, or the removal of a body from the cemetery or tomb, until there is delivered to him or her a certificate of permission issued in accordance with the provisions of this chapter. (Amended 2023, No. 6, § 162, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5215. Burial returns

§ 5215. Burial returns
A sexton or other person having charge of a cemetery, tomb, or receiving vault, during the first week of each month, shall deliver to the clerk of the town in which such cemetery, tomb, or vault is located the burial-transit and removal permits, properly certified, which he or she received during the preceding month. (Amended 1969, No. 265 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5216. Penalty

§ 5216. Penalty
A sexton or other person having charge of a cemetery, tomb, or receiving vault who violates a provision of sections 5214 and 5215 of this title shall be fined not more than $500.00 nor less than $20.00.
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5218. Determination of death

§ 5218. Determination of death
An individual who has sustained either irreversible cessation of all functions of the entire brain, including the brain stem, or irreversible cessation of circulatory and respiratory functions is dead. A determination of death must be in accordance with accepted medical standards. (Added 1981, No. 62, eff. April 30, 1981.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5219. Persons missing and presumed dead; issuance of presumptive death certificate

§ 5219. Persons missing and presumed dead; issuance of presumptive death certificate
(a) On application of a spouse, parent, child, or other near relative, the Probate Division of the Superior Court may direct the Chief Medical Examiner to complete and sign a certificate of presumed death of a person who was a resident of the probate district and who has been absent for a continuous period of five years during which, after diligent search, the person has not been heard of or from or seen and whose absence has not been satisfactorily explained.
(b) On application of a spouse, parent, child, or other near relative, the Superior Court may direct the Chief Medical Examiner to complete and sign a certificate of presumed death of a person who has been exposed to a specific peril of death and after diligent search, has not been heard of or from or seen. (Added 1989, No. 236 (Adj. Sess.), § 1, eff. June 4, 1990; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5221. Definitions

§ 5221. Definitions
For the purposes of this subchapter:
(1) “Fetal death” means a death prior to the complete expulsion or extraction from the mother of a product of conception; the death is indicated by the fact that after such separation, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. (Added 1973, No. 99, § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5222. Reports

§ 5222. Reports
(a) The following fetal deaths shall be reported by the hospital, physician, or funeral director directly to the Commissioner within seven days after delivery on forms prescribed by the Department:
(1) All fetal deaths of 20 or more weeks of gestation or, if gestational age is unknown, of 400 or more grams, 15 or more ounces, fetal weight shall be reported.
(2) All therapeutic or induced abortions, as legally authorized to be performed, of any length gestation or weight shall be reported.
(3) Spontaneous abortions and ectopic pregnancies of less than 20 weeks gestation are not required to be reported.
(b) The physician who treats a woman as a result of a miscarriage or abortion shall report the fetal death if it is not known to be previously reported under subsection (a) of this section. If there is evidence of violence or other unusual or suspicious circumstances, the medical examiner shall be immediately notified, and he or she shall complete at least the medical items on the report. If a funeral director is to be involved, the physician may delegate to the funeral director the responsibility for completing items other than those of a medical nature. Similarly, the physician may delegate the responsibility for completion of nonmedical items to appropriate personnel having access to records containing the information.
(c) If a fetal death occurs on a moving conveyance, the place of occurrence shall be given as the town or city where removal from the vehicle took place.
(d) Fetal death reports are for statistical purposes only and are not public records. They shall be destroyed after five years. (Added 1973, No. 99, § 1; amended 2023, No. 53, § 122, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5223. Unidentified fetus

§ 5223. Unidentified fetus
A medical examiner shall investigate an unidentified fetus and shall prepare and file a report. If it cannot otherwise be determined, the place where the fetus was found shall be entered as place of fetal death. (Added 1973, No. 99, § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5224. Disposition of remains; permits

§ 5224. Disposition of remains; permits
(a) Fetal remains shall be disposed of by burial, cremation, or natural organic reduction unless released to an educational institution for scientific purposes or disposed of by the hospital or as directed by the attending physician in a manner that will not create a public health hazard. Permission shall be obtained from one of the parents, if competent, for disposition in all cases where a funeral director is not involved. One copy of the fetal death report shall be printed in such manner that completion and signing by the physician or medical examiner shall constitute permission to make permanent disposition of the fetal remains.
(b) When a funeral director is involved or when the fetal remains are to be privately buried or disposed of by a disposition facility, the funeral director or other person taking charge of the remains shall obtain from the hospital or physician the disposition permit portion of the report and shall deliver it to the sexton or other person having care of the cemetery, tomb, vault, or disposition facility before burial or other disposition takes place. These permits shall be delivered each month to the clerk of the town in which burial or disposition took place, in the same manner as permits for burial of dead bodies; so also shall all other provisions of sections 5209-5216 of this title be applicable to fetal remains as are applicable to dead bodies.
(c) When disposition of fetal remains is by means other than those specified in subsection (b) of this section and a funeral director is not involved, the disposition permit copy of the report shall be completed by the appropriate official of the hospital or by the physician or other person in charge of disposition and sent to the Commissioner within 10 days after such disposition. These permits may be destroyed after five years. (Added 1973, No. 99, § 1; amended 2021, No. 169 (Adj. Sess.), § 6, eff. January 1, 2023; 2023, No. 6, § 163, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5226. Definitions

§ 5226. Definitions
For purposes of this subchapter:
(1) “Estranged” means a physical and emotional separation from the decedent at the time of death, which has existed for a period of time that demonstrates an absence of affection, trust, and regard for the decedent.
(2) “Near relative” means the individuals listed in subdivisions 5227(a)(2) through (5) of this title.
(3) “Right to disposition” means the right to determine the disposition of the remains of a decedent, including the location, manner, and conditions of disposition and arrangements for funeral goods and services. (Added 2007, No. 56, § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5228. Forfeiture

§ 5228. Forfeiture
An individual recognized under section 5227 of this title to have a right of disposition shall forfeit that right in the following circumstances:
(1) the individual is identified by a law enforcement agency as a person of interest and likely to be prosecuted or is under prosecution for first or second degree murder or voluntary manslaughter in connection with the decedent’s death, if the status of the investigation or the prosecution is known to the funeral director or disposition facility operator, except that if the prosecution is not pursued or the individual is acquitted of the alleged crime before the remains are disposed of, the individual shall regain the right;
(2) the individual does not exercise the right of disposition within three days after notification of the death or within five days after the decedent’s time of death, whichever is earlier;
(3) the Probate Division of the Superior Court pursuant to section 5231 of this title determines that the individual entitled to the right of disposition and the decedent were estranged at the time of death; or
(4) as otherwise ordered by the Probate Division of the Superior Court. (Added 2007, No. 56, § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2021, No. 169 (Adj. Sess.), § 7, eff. January 1, 2023; 2023, No. 6, § 164, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5229. Cost of disposition

§ 5229. Cost of disposition
The cost for the disposition of remains and funeral goods or services shall be borne by the decedent’s estate, subject to the limits for insolvent estates imposed by 14 V.S.A. § 1205, or by any individual who agrees to pay the costs. Nothing in this subchapter shall be construed to require a funeral director or disposition facility operator to provide goods or services for which there is no payment. (Added 2007, No. 56, § 1; amended 2021, No. 169 (Adj. Sess.), § 7, eff. January 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5230. Rights of funeral director or operator of a disposition facility

§ 5230. Rights of funeral director or operator of a disposition facility
A funeral director or disposition facility operator may determine the permanent disposition of remains and may file a civil action in Probate Division of the Superior Court against a person, estate, banking institution, governmental agency, or other entity that may have liability for the permanent disposition, either:
(1) to seek a declaratory judgment that the director’s or operator’s proposed action would be in compliance with the applicable provisions of law; or
(2) to seek a judgment that the director or operator’s action is in compliance with the applicable provisions of law and to recover reasonable costs and fees for the permanent disposition when:
(A) the funeral director or disposition facility operator has actual knowledge that there is no surviving family member, guardian, or individual appointed to arrange for the disposition of decedent’s remains pursuant to chapter 231 of this title;
(B) the funeral director or disposition facility operator has made reasonable efforts to locate and contact any known family member, guardian, or agent; and
(C) the appropriate local or State authority, if any, fails to assume responsibility for disposition of the remains within 36 hours of written notice, which may be delivered by hand, U.S. mail, facsimile transmission, electronic means, or telegraph. (Added 2007, No. 56, § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2021, No. 169 (Adj. Sess.), § 7, eff. January 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5232. Procedures generally

§ 5232. Procedures generally
(a) Any action filed under this subchapter shall be summary in nature, and a hearing shall be held as soon as practicable. The Probate Division of the Superior Court may order interim, ex parte relief based on available information. In extraordinary circumstances, the court may authorize use of discovery, subject to the inherent time constraints required because of the subject matter. The Vermont Rules of Evidence shall not apply, except for those rules respecting privilege. Affidavits of parties and witnesses shall be admissible evidence that may be rebutted by witnesses or affidavits offered by other parties. Other evidence is admissible if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their daily affairs. Telephone testimony shall be authorized unless otherwise ordered for good cause shown. Any person shall be entitled, but not required, to be represented by an attorney. (Added 2007, No. 56, § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5233. Limited liability

§ 5233. Limited liability
A funeral director or disposition facility operator shall not be subject to civil liability or subject to disciplinary action for carrying out the disposition of the remains if he or she relied in good faith on a funeral service contract or authorization or for following the instructions of an individual who the funeral director or disposition facility operator reasonably believes or believed holds the right of disposition. (Added 2007, No. 56, § 1; amended 2021, No. 169 (Adj. Sess.), § 7, eff. January 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 107 - Deaths, Burials, Autopsies › § 5234. Organ Donation Special Fund

§ 5234. Organ Donation Special Fund
There is created the Organ Donation Special Fund, which shall be a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5. The Organ Donation Special Fund shall consist of any federal funds, grants, and private donations solicited by the Commissioner of Health for use within the Fund. The Organ Donation Special Fund shall be used for activities related to increasing organ donations in Vermont. (Added 2013, No. 32, § 5.)
2023 Vermont Statutes › Title 18 - Health › Chapter 110 - Revised Uniform Anatomical Gift Act › § 5250c. Applicability

§ 5250c. Applicability
This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. (Added 2009, No. 119 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 110 - Revised Uniform Anatomical Gift Act › § 5250d. Who may make anatomical gift before donor’s death

§ 5250d. Who may make anatomical gift before donor’s death
Subject to section 5250h of this title, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 5250e of this title by:
(1) the donor, if the donor is an adult or if the donor is a minor and is either:
(A) emancipated; or
(B) authorized under State law to apply for a driver’s license or nondriver identification card and is at least 16 years of age;
(2) an agent of the donor, unless the advance directive or other record prohibits the agent from making an anatomical gift;
(3) a parent of the donor, if the donor is an unemancipated minor; or
(4) the donor’s guardian. (Added 2009, No. 119 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 110 - Revised Uniform Anatomical Gift Act › § 5250e. Manner of making anatomical gift before donor’s death

§ 5250e. Manner of making anatomical gift before donor’s death
(a) A donor may make an anatomical gift:
(1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or nondriver identification card;
(2) in an advance directive executed pursuant to chapter 231 of this title;
(3) in a will;
(4) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or
(5) as provided in subsection (b) of this section.
(b) A donor or other person authorized to make an anatomical gift under section 5250d of this title may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:
(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in subdivision (1) of this subsection.
(c) Revocation, suspension, expiration, or cancellation of a driver’s license or nondriver identification card upon which an anatomical gift is indicated does not invalidate the gift.
(d) An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift. (Added 2009, No. 119 (Adj. Sess.), § 1.)