Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 081 - VITAL RECORDS RULE › Section 13 140 081 - VITAL RECORDS RULE

Current through June, 2024
CHAPTER 4 HEALTH SURVEILLANCE
SUBCHAPTER 7 VITAL RECORDS
1.0 Authority.
This rule is adopted pursuant to
				  18 V.S.A.
				  §§
													5000(e)(8) and
				  (f) and
				  5112(b).
2.0 Purpose.
The purpose of this rule is to establish the specific
				  requirements for obtaining, creating, amending, and storing birth and death
				  certificates in Vermont.
3.0 Definitions.
3.1 "Affidavit of Gender Identity" means the
				form published by the Department that is used to self-attest to an individual's
				gender identity for the purpose of amending a birth certificate.
3.2 "Affidavit of Homeless Status" means the
				form published by the Department that can be used to verify an individual's
				status as a person experiencing homelessness for the purposes of obtaining a
				certified birth certificate.
3.3
				"Alternate means of identification" means two documents (exempting 3.3.12 and
				3.3.13 when only one form of identification is needed) that between them shall
				contain a current address and a signature of the applicant. Alternate
				acceptable documents are:
3.3.1 Employment
				Identification Card with photo, accompanied by a pay stub or U.S. Internal
				Revenue W-2 form;
3.3.2 School,
				university, or college identification card with photo, accompanied by a report
				card or other proof of current school enrollment;
3.3.3 Federal or state identification issued
				by departments, bureaus, or agencies of corrections or prisons;
3.3.4 Social Security/Medicare Card that
				contains the bearer's signature;
3.3.5 Pilot's License;
3.3.6 Car registration or title with current
				address;
3.3.7 U.S. Selective
				Service Card;
3.3.8 Voter
				Registration Card;
3.3.9 Filed
				Federal tax form that contains current address and signatures;
3.3.10 Bank statement, property or utility
				bill (e.g. gas, water, electric, sewer, phone) with current address;
3.3.11 U.S. or state court documents with
				current address;
3.3.12
				Documentation provided by the Vermont Department of Corrections substantiating
				the identity of the eligible person;
3.3.13 A valid State of Vermont Employee
				identification when the application for a birth and/or death certificate is a
				bona fide request made within the scope of employment with the State;
3.3.14 A receipt from a licensed healthcare
				provider with name and current address; or
3.3.15 First class mail with name and current
				address.
3.4 "Applicant"
				means an eligible party seeking to obtain the vital records of a
				registrant.
3.5 ""Custodian" means
				any person or entity who maintains official copies of vital records for access
				and inspection by the public, or any lawful purpose, including the Department
				of Health, Vermont State Archives and Records Administration and town
				clerks.
3.6 "Department" means the
				Vermont Department of Health.
3.7
				"Eligible party" means the same as defined in
				18 V.S.A.
				§
													5016(b)(2):
3.7.1 The registrant; or their spouse, child,
				grandchild, parent, sibling, grandparent, or guardian; a person petitioning to
				open a decedent's estate; a court- appointed executor or administrator; or the
				legal representative of any of these;
3.7.2 A specific person pursuant to a court
				order finding that a noncertified copy is not sufficient for the applicant's
				legal purpose and that a certified copy of the birth or death certificate is
				needed for the determination or protection of a person's right;
3.7.3 An employee of a public agency
				authorized by the State Registrar as defined in
				1 V.S.A
				§
														317; or
3.7.4 In the case of a death certificate
				only, additionally to:
3.7.4.1 the individual
				with authority for final disposition as provided
				18 V.S.A.
				§
															5227, or a funeral home or crematorium
				acting on the individual's behalf;
3.7.4.2 the Social Security
				Administration;
3.7.4.3 the U.S.
				Department of Veterans Affairs; or
3.7.4.4 the deceased's insurance carrier, if
				such carrier provides benefits to the decedent's survivors or
				beneficiaries.
3.8 "Gender marker" reflected on a birth
				certificate as "Sex" means:
3.8.1 "F" to
				represent female;
3.8.2 "M" to
				represent male; and
3.8.3 "X" to
				represent non-binary.
3.9 "Generational identifier" means JR, SR,
				or numerals to designate the number of generations. Generational identifiers
				may not take the form of commonly conferred academic honorifics such as, but
				not limited to: MD, JD, DO, Esq., BA, BS, MA, MS, or PhD, or other designations
				not commonly used as generational identifiers.
3.10 "Homeless services provider" means:
3.10.1 A governmental or nonprofit agency
				receiving federal, state, or municipal funding to provide services to a person
				experiencing homelessness or that is otherwise sanctioned to provide those
				services by a local homeless continuum of care organization.
3.10.2 An attorney licensed to practice law
				in Vermont and who is representing a client for whom the request for a
				certified birth certificate is being made.
3.10.3 A local educational agency liaison for
				homeless children and youth, or a school social worker.
3.10.4 A human services provider or public
				social services provider funded by the State of Vermont to provide homeless
				children or youth services, health services, mental or behavioral health
				services, substance use disorder services, public assistance, or employment
				services.
3.11 "Issuing
				agent" means a town clerk or duly authorized representative of the State
				Registrar who issues certified and noncertified copies of vital
				records.
3.12 ""Issuing agent"
				means a town clerk or duly authorized representative of the State Registrar who
				issues certified and noncertified copies of vital records.
3.13 "Person experiencing homelessness" and
				"Homeless," mean the same as the definition found in
				42 USC §
													11302 for a "homeless individual".
3.14 "Registrant" means the individual who is
				the subject of a vital record event certificate.
3.15 "Secure facility" means a building or
				room equipped with locks or other security devices that does not permit access
				during non-working or non- business hours.
3.16 "Valid government-issued identification"
				means a document that shall contain an expiration date that has not passed, a
				photograph, a current address, a signature and a unique number or barcode such
				as a driver's license, or valid passport, assigned to the person. The following
				forms of government-issued identification are acceptable:
3.16.1 United States issued Driver's License
				or Identification card;
3.16.2
				United States Territories Driver's License or Identification card;
3.16.3 Tribal Identification Card that
				contains the bearer's signature;
3.16.4 U.S. Military Identification Card that
				contains the bearer's signature;
3.16.5 Passport issued by the United States,
				or by a foreign country recognized by the United States government;
3.16.6 Visa issued by the United States and
				that is included within a passport and the bearer's signature is on the
				passport and not on the Visa;
3.16.7 U.S. Resident Alien Card, also known
				as the U.S. Green Card or the U.S. Permanent Resident Card (Form I-551); or
				U.S. Employment Authorization Document / Card (Form I-765 or successor
				form).
4.0
				Documents Needed to Obtain a Birth or Death Certificate.
4.1 An applicant is required to provide a
				valid government-issued identification document or alternate means of
				identification and must present the identification at time of signing the
				Vermont application for a certified copy of a birth or death
				certificate.
4.2 An applicant may
				establish their identity by providing a minimum of two alternate means of
				identification (exempting 3.3.12 and 3.3.13 when only one form of
				identification is needed). The Office of Vital Records may request additional
				evidence as necessary for the positive identification of the
				applicant.
4.3 A person
				experiencing homelessness may establish their identity necessary to be eligible
				to receive a certified birth certificate by providing a completed Affidavit of
				Homeless Status, available on the Department's website. The Affidavit must be
				signed by both the applicant and the homeless services provider. The Office of
				Vital Records may request additional documentation as necessary for the
				positive identification of the applicant.
5.0 Applications for Certified Copies of
				Birth and Death Certificates.
5.1 The Vermont
				application for a certified copy of birth or death certificate must be
				submitted by an eligible party to:
5.1.1 the
				Vermont Office of Vital Records;
5.1.2 the Vermont State Archives and Records
				Administration;
5.1.3 a statutorily
				authorized issuing agent, such as town clerk's office; or
5.1.4 a contractor of the State of Vermont
				that is providing application processing services on behalf of the Vermont
				Office of Vital Records.
6.0 Certification of Birth and Death
				Certificates by Town Clerks and Their Designees.
6.1 Town clerks and their designees shall
				certify a birth or death certificate copy using one of the following methods:
6.1.1 Use of a town seal that does not
				include the town clerk's name, and ensures all documents are signed by either
				the town clerk, assistant town clerk, or another designated assistant clerk
				pursuant to state statute; or
6.1.2
				Use of a town seal that includes the town clerk's name, and ensures all
				documents using that seal are signed by the town clerk whose name is on the
				seal.
7.0
				Issuance of Certified Copies of Births and Deaths During a Declared State of
				Emergency or Other Disruption.
7.1 The State
				Registrar may temporarily suspend the requirement for issuing agents to utilize
				the statewide registration system for the issuance of certified copies of birth
				and death certificates. The reasons for a temporary suspension are limited to:
7.1.1 A declared state of emergency that
				covers the State of Vermont when the period has exceeded 48 hours;
7.1.2 A technical event with the statewide
				registration system that results in the system being inaccessible to issuing
				agents for a period that exceeds 48 hours.
7.2 During a period in which a temporary
				suspension has been issued, the State Registrar shall provide instruction to
				the issuing agents for the methods to be used to issue and track all certified
				copies, and for later recording in the statewide registration system when
				service has been restored.
8.0 Physical Security Requirements for
				Creation and Storage of Birth and Death Certificates.
8.1 Activities to support the creation,
				storage and issuance of certified copies of Vermont birth and death
				certificates shall occur in secure, government-operated buildings. The area of
				the building that houses the Vermont birth and death certificates, and
				materials utilized to create, modify or access the certificates, and the
				computers used to access the statewide registration system, shall meet the
				following requirements:
8.1.1 Contains
				appropriate sensor, warning systems, or controls in place to monitor for fire,
				smoke or other emergencies;
8.1.2
				Contains a fire suppression method, which may be dry- or wet-suppression,
				and/or fire extinguishers;
8.1.3 Is
				a secure facility;
8.1.4 Employee
				work space is separated from the public, such as by service counter, service
				window, locked door, or other physical barrier;
8.1.5 Non-employees, such as, but not limited
				to, visitors, vendors, delivery personnel, and cleaning staff, must identify
				themselves to the town clerk or their designee, and request access to the space
				that contains the birth and death certificate materials, the certificates
				themselves, and/or the computers used to access the statewide registration
				system, providing a valid and reasonable reason for such access. These
				non-employees shall be escorted to the designated area. If cleaning is done
				during nonworking hours, only preapproved cleaning personnel shall be permitted
				access to the space that contains the birth and death certificate materials,
				the certificates themselves, and/or the computers used to access the statewide
				registration system;
8.1.6 All
				materials used for certification of the birth and death certificates, such as,
				but not limited to, equipment (computers, printers, town seal), security paper,
				and any other documents or confidential files/records, shall be locked in a
				secure area or cabinets accessible only to the town clerk and their
				designees;
8.1.7 Visitors shall be
				accompanied when such visitors may have access to the materials used for
				certification of birth and death certificates, or access to the statewide
				registration system.
8.2
				If an existing government-operated building does not have a fireproof safe or
				vault as specified in
				18 V.S.A.
				§
													5001(b), the town
				clerk shall ensure that these rules are complied with and confirm in writing to
				the State Registrar that all reasonable precautions and safeguards have been
				implemented to protect the birth and death certificate materials, the birth and
				death certificates, and the computer used to access the statewide registration
				system.
8.3 The public shall be
				allowed access to view or inspect birth and death certificates stored at
				issuing agent's offices during the standard business hours of the office.
				Issuing agents may implement reasonable precautions to protect the certificates
				from potential harm or theft, such as, but not limited to:
8.3.1 Monitoring visitors;
8.3.2 Requiring visitors to view/inspect
				certificates at a designated table or office;
8.3.3 Retrieving only the birth and death
				certificates requested by the visitor rather than providing unlimited access to
				all certificates;
8.3.4 Requiring
				visitors to sign in and out when requesting access to birth and death
				certificates; and/or
8.3.5
				Requiring visitors to show the contents of any bags, briefcases or other
				storage methods prior to departing the office.
9.0 Criteria for Acceptance of Child's Name
				on Birth Certificates.
9.1 In order to be
				valid, names on birth certificates shall:
9.1.1 Not contain pictographs or ideographs
				or writing that is not part of the standard twenty-six letter English
				alphabet;
9.1.2 Not contain symbols
				other than:
9.1.2.1 Numerals used for
				generational identifiers;
9.1.2.2
				Common punctuation such as hyphens for hyphenated names, apostrophes used as
				part of a given name or surname, and periods in generational identifiers or
				when an initial or abbreviation is used as part of a name; or
9.1.2.3 Special characters that are commonly
				used, such as accent marks and tildes.
9.1.3 Not exceed a total of 50 characters in
				length for each of First, Middle, and Last Name. The count of maximum allowable
				characters shall include hyphens, apostrophes, and periods when used as part of
				the name.
9.1.4 Contain a last
				name.
9.1.5 Contain no more than
				one generational identifier after the last name.
10.0 Amending a Gender Marker on a Birth
				Certificate.
10.1 A registrant born in Vermont
				may amend the gender marker on their birth certificate.
10.1.1 Any person 16 years or older may amend
				their gender marker.
10.1.2 Any
				person under the age of 16 may amend their gender marker with signed consent
				from a parent or legal guardian.
10.2 A registrant may amend their gender
				marker to reflect their identity through self- attestation by filing the
				Affidavit of Gender Identity available on the Department's website.
10.3 To file for an amendment under Section
				10.0, registrants shall submit a
				notarized Affidavit of Gender Identity, signed by the registrant, or if
				applicable, the registrant's parent or legal guardian, by mail or in-person to
				the Vermont Department of Health, Vital Records Office.
10.4 A new certificate issued pursuant to
				this section shall be substituted for the original birth certificate in
				official records. The new certificate shall not show that a change in name or
				sex, or both, has been made.