Download this document in MS Word format
BILL AS INTRODUCED 2007-2008

AutoFill Template

H.681

Introduced by Representative Lippert of Hinesburg

Referred to Committee on

Date:

Subject:  Health; deaths; burials; burial-transit permit

Statement of purpose:  This bill proposes to allow licensed funeral directors and owners or designated managers of licensed crematories to issue

burial-transit permits.

AN ACT RELATING TO BURIAL-TRANSIT PERMITS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  18 V.S.A. § 5201 is amended to read:

§ 5201.  PERMITS; REMOVAL OF BODIES; CREMATION; WAITING

              PERIOD; INVESTIGATION INTO CIRCUMSTANCES OF

              DEATH

(a)  A dead body of a person shall not be buried, entombed or removed from a town, or otherwise disposed of, except as hereinafter provided, without a burial-transit permit issued and signed by the town clerk, his or her deputy, a Vermont-licensed funeral director or an owner or designated manager of a Vermont-licensed crematory establishment who is also licensed to perform removals, or a law enforcement officer.  The town clerk of the town or city shall provide for registering deaths that occur in the town and for issuing burial-transit permits at a time when town clerks’ offices are closed.  The town clerk shall appoint annually, within five days after the clerk’s election or appointment, one or more deputy registrars for this purpose, record the name of the deputy or deputies appointed in the town records and notify the commissioner of health of the names and residences of the deputy or deputies appointed.  The county clerk of a county wherein is situated an unorganized town or gore shall perform the same duties and be subject to the same penalties as a town clerk in respect to issuing burial-transit permits and registering deaths that occur in an unorganized town or gore within the county.  A Vermont-licensed funeral director or an owner or designated manager of a Vermont-licensed crematory establishment who is also licensed to perform removals may issue a burial-transit permit for any town at any time, including during normal business hours when the town clerk’s office is open.  After a deputy, funeral director, crematory owner or manager, or law enforcement officer issues a burial-transit permit, the deputy or officer shall forward the death certificate or preliminary report and the record of the burial-transit permit issued to the clerk of the town or city where death occurred on the first official working day thereafter. In cases of death by certain communicable diseases as defined by the board, the town clerk, his or her deputy, a funeral director, a crematory owner or manager, or a law enforcement officer shall not issue a burial-transit permit except in accordance with instructions issued by the local health officer or the board, which instructions shall be kept on file by the town clerk.  A licensed embalmer, funeral director, or a funeral director’s designee may transfer the body of a deceased person to another town for preparation for burial or cremation but the remains shall be returned to the town in which death occurred within forty-eight 48 hours after such removal, unless a permit for permanent removal has been secured within such period. Such licensed embalmer, funeral director, or designee shall leave, in writing, upon forms supplied by the commissioner, the name, address, license number of the embalmer or funeral director, and the date and hour such body was delivered, with the institution from which or the person from whom any such body is received.  A body for which a burial-transit permit has been secured, except the body of any person whose death occurred as a result of a communicable disease, as defined by the board, may be taken through or into another town for funeral services without additional permits from the local health officer or board.

* * *

Sec. 2.  18 V.S.A. § 5202(c) is amended to read:

(c)  If a dead body must be removed immediately and a death certificate or preliminary report cannot be obtained, the town clerk, a deputy, a Vermont‑licensed funeral director, an owner or designated manager of a Vermont‑licensed crematory who is also licensed to perform removals, or a law enforcement officer may issue a temporary burial-transit permit which shall expire forty-eight 48 hours after issuance.  This does not relieve the attending physician from the responsibility of completing a death certificate and delivering it to the funeral director within twenty-four 24 hours after death.  Upon receipt of the death certificate, the funeral director shall apply for and the issuing authority shall issue a burial-transit permit to replace the temporary permit.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us