VT Acknowledges Your Brain Has Rights

Vermont state flag flying on a pole with mountainous landscape in background

When Vermont Governor Phil Scott signed H.814 into law on May 18, 2026, it marked a quiet but historic moment: every Vermonter gained a legal right to the privacy of their own mind. For the brain injury community, which is a population that increasingly relies on brain-computer interfaces, AI-powered rehabilitation tools, and wearable neurotechnology, the law provides a crucial layer of protection for some of the most intimate data imaginable.

Formally titled “An act relating to neurological rights and the use of artificial intelligence technology in health and human services,” H.814 takes effect July 1, 2026. The bill legally recognizes what should already be commonsense: every Vermonter has a right to “mental and neural data privacy,” “the freedom of thought,” and protection from “unauthorized access to or manipulation of an individual’s brain activity.” For those with brain injuries who depend on neurotechnology for communication, mobility, or cognitive support, that last phrase is a safeguard for the data generated at the most vulnerable intersection of their lives.

With this bill, Vermont joins Colorado, California, Montana, and Connecticut, though each of which has taken a distinct approach to neurological privacy. Colorado and California moved first in 2024, amending existing consumer privacy statutes to classify neural data as sensitive personal information. Montana went further with a standalone law amending its Genetic Information Privacy Act, requiring robust consent and uniquely prohibiting the storage of neural data in U.S.-sanctioned countries. Connecticut’s 2025 amendment was narrower, covering only the central nervous system. Vermont’s law aligns most closely with Connecticut’s, in that it establishes specific rights, while directing the state’s AI Advisory Council to develop further ethical guidelines, which extends through 2030.

Sponsored by State Representative Brian Cina, a clinical social worker, Vermont’s new legislation, and beyond the aforementioned five states that have similar laws, Massachusetts, Minnesota, Illinois, and New York are currently advancing similar bills. For the brain injury community, the question is no longer whether neurotechnology will be part of care and recovery, as it already is. The question is whether the law will keep pace.

Brain Injury Prevention on the Slopes

Katie Watt, captain of the Bates College Nordic ski team, filed suit in December 2025 after a 597-pound unsecured bench shelter struck her during track practice in October 2024, causing a skull fracture and traumatic brain injury. The case, still pending, alleges the college failed to anchor equipment despite 30 mph winds.

Maine’s ski statute 32 M.R.S. §15217 establishes that skiers accept inherent risks, including terrain, weather, and collisions, “as a matter of law,” while preserving claims for negligent operation or maintenance. Similar statutes exist in Colorado, New Hampshire, and Utah, while Vermont statues uniquely void all liability waivers. (I was told by a lawyer that, based on their experience in New Jersey, a ski slope operator is culpable only when gross negligence is proven, such as if they dug a deep hole in the slope terrain.)

Evidence-based TBI prevention emphasizes helmet use which reduces head injury risk by 29-60%. Additionally, avoid terrain parks (31% higher head injury risk), and stop skiing by mid-afternoon when 40% of injuries occur. Groomed intermediate runs, proper lessons, and pre-season conditioning significantly reduce risk.

With proper precautions, skiers can enjoy the slopes safely while understanding their legal responsibilities.