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Can I collect gender information from participants in Vermont? What are the requirements?

Collection of Gender Information in Vermont

In Vermont, the collection of gender information is generally allowed, but there are requirements that must be followed to ensure compliance with state laws and regulations.

Prohibited Disclosure of Personally Identifying Information

Vermont law prohibits the collection of personally identifying information, including gender identity, by public agencies for the purpose of registration based on such information [2.1]. However, this does not prohibit the collection of gender information for other purposes.

Birth Information Network

The Birth Information Network established under 18 VTST 991 collects information on newborns with specified health conditions. The network is designed to follow infants and children up to one year of age with the 40 medical conditions listed in the matrix developed by the Birth Information Council. The Department of Health is authorized to amend the list of medical conditions through rulemaking pursuant to 3 V.S.A. chapter 25 to meet the objectives of this section. The network’s data system shall be designed to coordinate with the data systems of other states so that data on out-of-state births to Vermont residents will be captured for vital records, case ascertainment, and follow-up services. The Birth Information Network shall be designed to protect the confidentiality of the individuals and families involved. Information from the Network shall be used only in ways that reflect responsible public health protocols and practice [1.2].

Health Equity Advisory Commission

The Health Equity Advisory Commission created under 18 VTST 252 is responsible for providing advice and making recommendations to the Office of Health Equity once established, including input on the needs, priorities, programs, and policies relating to the health of individuals who are Black, Indigenous, and Persons of Color; individuals who are LGBTQ; and individuals with disabilities. Each State agency, department, board, or commission that collects health-related, individual data shall include in its data collection health equity data disaggregated by race, ethnicity, gender identity, age, primary language, socioeconomic status, disability, and sexual orientation [3.1].

Procedures related to sharing or disclosing individually identifiable information require obtaining informed permission or authorization. Permission or authorization for the sharing or disclosure of individually identifiable information shall ordinarily be in writing. The permission or authorization shall contain the name of the consumer who is permitting or authorizing to have his or her individually identifiable information shared or disclosed, a list or description of the kinds of information to be shared or disclosed, an explanation of the purpose for which the permission or authorization is given, a list or description of those authorized to receive the information, a statement that the permission or authorization may be revoked in writing at any time except to the extent that the permission or authorization has already been acted or relied upon, the date, event, or condition upon which the permission or authorization will expire if not revoked earlier, the signature of the consumer granting permission or authorization, or the name and signature of the person with authority to do so and the date, the signature of the individual explaining the permission or authorization process with his or her position, job title, and date, a space to provide individualized instructions, and a statement that the information will not be disclosed further unless such disclosure is required or allowed by law [4.1].

Conclusion

Based on the context documents, there are no specific requirements for collecting gender information from participants in Vermont. However, any collection of personal identifying information must comply with state laws and regulations, including those related to the Prohibited Disclosure of Personally Identifying Information, Birth Information Network, Health Equity Advisory Commission, and Procedures Related to Sharing or Disclosing Individually Identifiable Information.

Source(s):
Jurisdiction

Vermont