reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 115 - Fetal death certificate -- Filing and registration requirements.

Effective 5/3/2023
26B-8-115.
Fetal death certificate -- Filing and registration requirements.
(1) A fetal death certificate shall be filed for each fetal death which occurs in this state. The certificate shall be filed within five days after delivery with the local registrar or as otherwise directed by the state registrar. The certificate shall be registered if it is completed and filed in accordance with this part.
(2) When a dead fetus is delivered in an institution, the institution administrator or his designated representative shall prepare and file the fetal death certificate. The attending physician shall state in the certificate the cause of death and sign the certificate.
(3) When a dead fetus is delivered outside an institution, the physician in attendance at or immediately after delivery shall complete, sign, and file the fetal death certificate.
(4) When a fetal death occurs without medical attendance at or immediately after the delivery or when inquiry is required by Part 2, Utah Medical Examiner, the medical examiner shall investigate the cause of death and prepare and file the certificate of fetal death within five days after taking charge of the case.
(5) When a fetal death occurs in a moving conveyance and the dead fetus is first removed from the conveyance in this state or when a dead fetus is found in this state and the place of death is unknown, the death shall be registered in this state. The place where the dead fetus was first removed from the conveyance or found shall be considered the place of death.
(6) Final disposition of the dead fetus may not be made until the fetal death certificate has been registered.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 116 - Certificate of birth resulting in stillbirth.

Effective 5/3/2023
26B-8-116.
Certificate of birth resulting in stillbirth.
(1) As used in this section, "stillbirth" and "stillborn child" mean the same as "dead fetus" as defined in Section 26B-8-101.
(2)
(a) In addition to the requirements of Section 26B-8-115, the state registrar shall establish a certificate of birth resulting in stillbirth on a form approved by the state registrar for each stillbirth occurring in this state.
(b) This certificate shall be offered to the parent or parents of a stillborn child.
(3) The certificate of birth resulting in stillbirth shall meet all of the format and filing requirements of Sections 26B-8-103 and 26B-8-104, relating to a live birth.
(4) The person who prepares a certificate pursuant to this section shall leave blank any references to the stillborn child's name if the stillborn child's parent or parents do not wish to provide a name for the stillborn child.
(5) Notwithstanding Subsections (2) and (3), the certificate of birth resulting in stillbirth shall be filed with the designated registrar within 10 days following the delivery and prior to cremation or removal of the fetus from the registration district.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 117 - Delayed registration of birth resulting in stillbirth.

Effective 5/3/2023
26B-8-117.
Delayed registration of birth resulting in stillbirth.
When a birth resulting in stillbirth occurring in this state has not been registered within one year after the date of delivery, a certificate marked "delayed" may be filed and registered in accordance with department rule relating to evidentiary and other requirements sufficient to substantiate the alleged facts of birth resulting in stillbirth.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 118 - Certificate of early term stillbirth.

Effective 5/3/2023
26B-8-118.
Certificate of early term stillbirth.
(1) As used in this section, "early term stillborn child" means a product of human conception, other than in the circumstances described in Subsection 76-7-301(1), that:
(a) is of at least 16 weeks' gestation but less than 20 weeks' gestation, calculated from the day on which the mother's last normal menstrual period began to the day of delivery; and
(b) is not born alive.
(2) The state registrar shall issue a certificate of early term stillbirth to a parent of an early term stillborn child if:
(a) the parent requests, on a form created by the state registrar, that the state registrar register and issue a certificate of early term stillbirth for the early term stillborn child; and
(b) the parent files with the state registrar:
(i)
(A) a signed statement from a physician confirming the delivery of the early term stillborn child; or
(B) an accurate copy of the parent's medical records related to the early term stillborn child; and
(ii) any other record the state registrar determines, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, is necessary for accurate recordkeeping.
(3) The certificate of early term stillbirth described in Subsection (2) shall meet all of the format and filing requirements of Section 26B-8-103.
(4) A person who prepares a certificate of early term stillbirth under this section shall leave blank any references to an early term stillborn child's name if the early term stillborn child's parent does not wish to provide a name for the early term stillborn child.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 119 - Petition for establishment of unregistered birth or death -- Court procedure.

Effective 5/3/2023
26B-8-119.
Petition for establishment of unregistered birth or death -- Court procedure.
(1) A person holding a direct, tangible, and legitimate interest as described in Subsection 26B-8-125(3)(a) or (b) may petition for a court order establishing the fact, time, and place of a birth or death that is not registered or for which a certified copy of the registered birth or death certificate is not obtainable. The person shall verify the petition and file the petition in the Utah court for the county where:
(a) the birth or death is alleged to have occurred;
(b) the person resides whose birth is to be established; or
(c) the decedent named in the petition resided at the date of death.
(2) In order for the court to have jurisdiction, the petition shall:
(a) allege the date, time, and place of the birth or death; and
(b) state either that no certificate of birth or death has been registered or that a copy of the registered certificate cannot be obtained.
(3) The court shall set a hearing for five to 10 days after the day on which the petition is filed.
(4)
(a) If the time and place of birth or death are in question, the court shall hear available evidence and determine the time and place of the birth or death.
(b) If the time and place of birth or death are not in question, the court shall determine the time and place of birth or death to be those alleged in the petition.
(5) A court order under this section shall be made on a form prescribed and furnished by the department and is effective upon the filing of a certified copy of the order with the state registrar.
(6)
(a) For purposes of this section, the birth certificate of an adopted alien child, as defined in Section 78B-6-108, is considered to be unobtainable if the child was born in a country that is not recognized by department rule as having an established vital records registration system.
(b) If the adopted child was born in a country recognized by department rule, but a person described in Subsection (1) is unable to obtain a certified copy of the birth certificate, the state registrar shall authorize the preparation of a birth certificate if the state registrar receives a written statement signed by the registrar of the child's birth country stating a certified copy of the birth certificate is not available.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 122 - Interments -- Duties of sexton or person in charge -- Record of interments -- Information filed with local registrar.

Effective 5/3/2023
26B-8-122.
Interments -- Duties of sexton or person in charge -- Record of interments -- Information filed with local registrar.
(1)
(a) A sexton or person in charge of any premises in which interments are made may not inter or permit the interment of any dead body, dead fetus, or fetal remains unless the interment is made by a funeral service director or by a person holding a burial-transit permit.
(b) The right and duty to control the disposition of a deceased person shall be governed by Sections 58-9-601 through 58-9-604.
(2)
(a) The sexton or the person in charge of any premises where interments are made shall keep a record of all interments made in the premises under their charge, stating the name of the decedent, place of death, date of burial, and name and address of the funeral service director or other person making the interment.
(b) The record described in this Subsection (2) shall be open to public inspection.
(c) A city or county clerk may, at the clerk's option, maintain the interment records described in this Subsection (2) on behalf of the sexton or person in charge of any premises in which interments are made.
(3)
(a) Not later than the tenth day of each month, the sexton, person in charge of the premises, or city or county clerk who maintains the interment records shall send to the local registrar and the department a list of all interments made in the premises during the preceding month.
(b) The list described in Subsection (3)(a) shall be in the form prescribed by the state registrar.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 123 - Rules of department for transmittal of certificates and keeping of records by local registrar.

Effective 5/3/2023
26B-8-123.
Rules of department for transmittal of certificates and keeping of records by local registrar.
Each local registrar shall transmit all records registered by him to the department in accordance with department rules. The manner of keeping local copies of vital records and the uses of them shall be prescribed by department rules.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 124 - Local registrars authorized to issue certified copies of records.

Effective 5/3/2023
26B-8-124.
Local registrars authorized to issue certified copies of records.
The state registrar may authorize local registrars to issue certified copies of vital records.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 126 - Records required to be kept by health care institutions -- Information filed with local registrar and department.

Effective 5/3/2023
26B-8-126.
Records required to be kept by health care institutions -- Information filed with local registrar and department.
(1)
(a) All administrators or other persons in charge of hospitals, nursing homes, or other institutions, public or private, to which persons resort for treatment of diseases, confinements, or are committed by law, shall record all the personal and statistical information about patients of their institutions as required in certificates prescribed by this part.
(b) The information described in Subsection (1)(a) shall:
(i) be recorded for collection at the time of admission of a patient;
(ii) be obtained from the patient, if possible; and
(iii) if the information cannot be obtained from the patient, the information shall be secured in as complete a manner as possible from other persons acquainted with the facts.
(2)
(a) When a dead body or dead fetus is released or disposed of by an institution, the person in charge of the institution shall keep a record showing:
(i) the name of the deceased;
(ii) the date of death of the deceased;
(iii) the name and address of the person to whom the dead body or dead fetus is released; and
(iv) the date that the dead body or dead fetus is removed from the institution.
(b) If final disposal is by the institution, the date, place, manner of disposition, and the name of the person authorizing disposition shall be recorded by the person in charge of the institution.
(3) Not later than the tenth day of each month, the administrator of each institution shall cause to be sent to the local registrar and the department a list of all births, deaths, fetal deaths, and induced abortions occurring in the institution during the preceding month. The list shall be in the form prescribed by the state registrar.
(4) A person or institution who, in good faith, releases a dead body or dead fetus, under this section, to a funeral service director or a dispositioner is immune from civil liability connected, directly or indirectly, with release of the dead body or dead fetus.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 127 - Marriage licenses -- Execution and filing requirements.

Effective 5/3/2023
26B-8-127.
Marriage licenses -- Execution and filing requirements.
(1) The state registrar shall supply county clerks with application forms for marriage licenses.
(2) Completed applications shall be transmitted by the clerks to the state registrar monthly.
(3) The personal identification information contained on each application for a marriage license filed with the county clerk shall be entered on a form supplied by the state registrar.
(4) The person performing the marriage shall furnish the date and place of marriage and his name and address.
(5) The form described in Subsection (1) shall be completed and certified by the county clerk before it is filed with the state registrar.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 128 - Divorce or adoption -- Duty of court clerk to file certificates or reports.

Effective 5/3/2023
26B-8-128.
Divorce or adoption -- Duty of court clerk to file certificates or reports.
(1) For each adoption, annulment of adoption, divorce, and annulment of marriage ordered or decreed in this state, the clerk of the court shall prepare a divorce certificate or report of adoption on a form furnished by the state registrar or, for a report of adoption, the state of the child’s birth.
(2) The petitioner shall provide the clerk of the court with the information necessary to prepare the certificate or report under Subsection (1), including the form furnished by the child’s state of birth if the child was born in another state.
(3) The clerk shall:
(a) prepare the certificate or report under Subsection (1); and
(b) complete the remaining entries for the certificate or report immediately after the decree or order becomes final.
(4) On or before the 15th day of each month, the clerk shall forward the divorce certificates and reports of adoption under Subsection (1) completed by the clerk during the preceding month to the state registrar, except for reports of adoption provided to an attorney or child-placing agency under Subsection (5)(b).
(5)
(a) In addition to the report of adoption that the clerk forwards to the state registrar under Subsection (4), the clerk shall also provide an original report of adoption under Subsection (1), upon request, to the attorney who is providing representation of a party to the adoption, or the child-placing agency, as defined in Section 78B-6-103, that is placing the child.
(b) If the child was born in another state, the clerk of court shall prepare and provide one original report of adoption, upon request, to the attorney who is providing representation of a party to the adoption, or the child-placing agency that is placing the child, and the attorney or child-placing agency shall be responsible for submitting the report to the state of the child’s birth.
(c) If the attorney or child-placing agency does not request an original report of adoption under Subsection (5)(a) or (b), the clerk shall forward the report of adoption to the state registrar pursuant to Subsection (4).
(d) If, pursuant to Subsection (5)(a), an original report of adoption is provided to the attorney or the child-placing agency, as defined in Section 78B-6-103, the attorney or the child-placing agency shall immediately provide the report of adoption to the state registrar.
Amended by Chapter 289, 2023 General Session
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 129 - Certified copies of vital records -- Preparation by state and local registrars -- Evidentiary value.

Effective 5/3/2023
26B-8-129.
Certified copies of vital records -- Preparation by state and local registrars -- Evidentiary value.
(1) The state registrar and local registrars authorized by the department under Section 26B-8-124 may prepare typewritten, photographic, electronic, or other reproductions of vital records and certify their correctness.
(2) Certified copies of the vital record, or authorized reproductions of the original, issued by either the state registrar or a designated local registrar are prima facie evidence in all courts of the state with like effect as the vital record.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 130 - Identifying birth certificates of missing persons -- Procedures.

Effective 5/3/2023
26B-8-130.
Identifying birth certificates of missing persons -- Procedures.
(1) As used in this section:
(a) "Division" means the Criminal Investigations and Technical Services Division, Department of Public Safety, in Title 53, Chapter 10, Criminal Investigations and Technical Services Act.
(b) "Missing child" means a person younger than 18 years old who is missing from the person's home environment or a temporary placement facility for any reason, and whose whereabouts cannot be determined by the person responsible for the child's care.
(c) "Missing person" means a person who:
(i) is missing from the person's home environment; and
(ii)
(A) has a physical or mental disability;
(B) is missing under circumstances that indicate that the person is endangered, missing involuntarily, or a victim of a catastrophe; or
(C) is a missing child.
(2)
(a) In accordance with Section 53-10-203, upon the state registrar's notification by the division that a person who was born in this state is missing, the state and local registrars shall flag the registered birth certificate of that person so that when a copy of the registered birth certificate or information regarding the birth record is requested, the state and local registrars are alerted to the fact the registered birth certificate is that of a missing person.
(b) Upon notification by the division the missing person has been recovered, the state and local registrars shall remove the flag from that person's registered birth certificate.
(3) The state and local registrars may not provide a copy of a registered birth certificate of any person whose record is flagged under Subsection (2), except as approved by the division.
(4)
(a) When a copy of the registered birth certificate of a person whose record has been flagged is requested in person, the state or local registrar shall require that person to complete a form supplying that person's name, address, telephone number, and relationship to the missing person, and the name and birth date of the missing person.
(b) The state or local registrar shall inform the requester that a copy of the registered birth certificate will be mailed to the requester.
(c) The state or local registrar shall note the physical description of the person making the request, and shall immediately notify the division of the request and the information obtained pursuant to this Subsection (4).
(5) When a copy of the registered birth certificate of a person whose record has been flagged is requested in writing, the state or local registrar or personnel of the state or local registrar shall immediately notify the division, and provide it with a copy of the written request.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 131 - Birth certificate for foreign adoptees.

Effective 5/3/2023
26B-8-131.
Birth certificate for foreign adoptees.
Upon presentation of a court order of adoption and an order establishing the fact, time, and place of birth under Section 26B-8-119, the department shall prepare a birth certificate for an individual who:
(1) was adopted under the laws of this state; and
(2) was at the time of adoption, as a child or as an adult, considered an alien child or adult for whom the court received documentary evidence of lawful admission under Section 78B-6-108.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 132 - Determination of death made by registered nurse.

Effective 5/3/2023
26B-8-132.
Determination of death made by registered nurse.
(1) As used in this section, "registered nurse" means a registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act.
(2)
(a) An individual is dead if the individual has sustained either:
(i) irreversible cessation of circulatory and respiratory functions; or
(ii) irreversible cessation of all functions of the entire brain, including the brain stem.
(b) A determination of death shall be made in accordance with this part and accepted medical standards.
(3) A registered nurse may make a determination of death of an individual if:
(a) an attending physician has:
(i) documented in the individual's medical or clinical record that the individual's death is anticipated due to illness, infirmity, or disease no later than 180 days after the day on which the physician makes the documentation; and
(ii) established clear assessment procedures for determining death;
(b) the death actually occurs within the 180-day period described in Subsection (3)(a); and
(c) at the time of the documentation described in Subsection (3)(a), the physician authorized the following, in writing, to make the determination of death:
(i) one or more specific registered nurses; or
(ii) if the individual is in a health care facility that has complied with Subsection (6), all registered nurses that the facility employs.
(4) A registered nurse who has determined death under this section shall:
(a) document the clinical criteria for the determination in the individual's medical or clinical record;
(b) notify the physician described in Subsection (3); and
(c) ensure that the death certificate includes:
(i) the name of the deceased;
(ii) the presence of a contagious disease, if known; and
(iii) the date and time of death.
(5) Except as otherwise provided by law or rule, a physician shall certify a determination of death described in Subsection (4) within 24 hours after the registered nurse makes the determination of death.
(6)
(a) For a health care facility to be eligible for a general authorization described in Subsection (3)(c), the facility shall adopt written policies and procedures that provide for the determination of death by a registered nurse under this section.
(b) A registered nurse that a health care facility employs may not make a determination of death under this section unless the facility has adopted the written policies and procedures described in Subsection (6)(a).
(7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure the appropriate determination of death under this section.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 133 - Unlawful acts concerning certificates, records, and reports -- Unlawful transportation or acceptance of dead human body.

Effective 5/3/2023
26B-8-133.
Unlawful acts concerning certificates, records, and reports -- Unlawful transportation or acceptance of dead human body.
It is unlawful for any person, association, or corporation and the officers of any of them:
(1) to willfully and knowingly make any false statement in a certificate, record, or report required to be filed with the department, or in an application for a certified copy of a vital record, or to willfully and knowingly supply false information intending that the information be used in the preparation of any report, record, or certificate, or an amendment to any of these;
(2) to make, counterfeit, alter, amend, or mutilate any certificate, record, or report required to be filed under this code or a certified copy of the certificate, record, or report without lawful authority and with the intent to deceive;
(3) to willfully and knowingly obtain, possess, use, sell, furnish, or attempt to obtain, possess, use, sell, or furnish to another, for any purpose of deception, any certificate, record, report, or certified copy of any of them, including any that are counterfeited, altered, amended, or mutilated;
(4) without lawful authority, to possess any certificate, record, or report, required by the department or a copy or certified copy of the certificate, record, or report, knowing it to have been stolen or otherwise unlawfully obtained; or
(5) to willfully and knowingly transport or accept for transportation, interment, or other disposition a dead human body without a permit required by law.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 1 - Vital Statistics › Section 134 - Illegal use of birth certificate -- Penalties.

Effective 5/3/2023
26B-8-134.
Illegal use of birth certificate -- Penalties.
(1) It is a third degree felony for any person to willfully and knowingly:
(a) and with the intent to deceive, obtain, possess, use, sell, furnish, or attempt to obtain, possess, use, sell, or furnish to another any certificate of birth or certified copy of a certificate of birth knowing that the certificate or certified copy was issued upon information which is false in whole or in part or which relates to the birth of another person, whether living or deceased; or
(b) furnish or process a certificate of birth or certified copy of a certificate of birth with the knowledge or intention that it be used for the purpose of deception by a person other than the person to whom the certificate of birth relates.
(2) The specific criminal violations and the criminal penalty under this section take precedence over any more general criminal offense as described in Section 26B-8-133.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 202 - Chief medical examiner -- Appointment -- Qualifications -- Authority.

Effective 5/3/2023
26B-8-202.
Chief medical examiner -- Appointment -- Qualifications -- Authority.
(1) The executive director, with the advice of an advisory board consisting of the chairman of the Department of Pathology at the University of Utah medical school and the dean of the law school at the University of Utah, shall appoint a chief medical examiner who shall be licensed to practice medicine in the state and shall meet the qualifications of a forensic pathologist, certified by the American Board of Pathology.
(2)
(a) The medical examiner shall serve at the will of the executive director.
(b) The medical examiner has authority to:
(i) employ medical, technical and clerical personnel as may be required to effectively administer this chapter, subject to the rules of the department and the state merit system;
(ii) conduct investigations and pathological examinations;
(iii) perform autopsies authorized in this title;
(iv) conduct or authorize necessary examinations on dead bodies; and
(v) notwithstanding the provisions of Subsection 26B-8-321(3), retain tissues and biological samples:
(A) for scientific purposes;
(B) where necessary to accurately certify the cause and manner of death; or
(C) for tissue from an unclaimed body, subject to Section 26B-8-225, in order to donate the tissue or biological sample to an individual who is affiliated with an established search and rescue dog organization, for the purpose of training a dog to search for human remains.
(c) In the case of an unidentified body, the medical examiner shall authorize or conduct investigations, tests and processes in order to determine its identity as well as the cause of death.
(3) The medical examiner may appoint regional pathologists, each of whom shall be approved by the executive director.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 203 - County medical examiners.

Effective 5/3/2023
26B-8-203.
County medical examiners.
The county executive, with the advice and consent of the county legislative body, may appoint medical examiners for their respective counties.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 204 - Investigation of deaths -- Requests for autopsies.

Effective 5/3/2023
26B-8-204.
Investigation of deaths -- Requests for autopsies.
(1) The following have authority to investigate a death described in Section 26B-8-205 and any other case which may be within their jurisdiction:
(a) the attorney general or an assistant attorney general;
(b) the district attorney or county attorney who has criminal jurisdiction over the death or case;
(c) a deputy of the district attorney or county attorney described in Subsection (1)(b); or
(d) a peace officer within the jurisdiction described in Subsection (1)(b).
(2) If, in the opinion of the medical examiner, an autopsy should be performed or if an autopsy is requested by the district attorney or county attorney having criminal jurisdiction, or by the attorney general, the autopsy shall be performed by the medical examiner or a regional pathologist.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 205 - Custody by medical examiner.

Effective 5/3/2023
26B-8-205.
Custody by medical examiner.
Upon notification under Section 26B-8-206 or investigation by the medical examiner's office, the medical examiner shall assume custody of a deceased body if it appears that death:
(1) was by violence, gunshot, suicide, or accident;
(2) was sudden death while in apparent good health;
(3) occurred unattended, except that an autopsy may only be performed in accordance with the provisions of Subsection 26B-8-207(3);
(4) occurred under suspicious or unusual circumstances;
(5) resulted from poisoning or overdose of drugs;
(6) resulted from a disease that may constitute a threat to the public health;
(7) resulted from disease, injury, toxic effect, or unusual exertion incurred within the scope of the decedent's employment;
(8) was due to sudden infant death syndrome;
(9) occurred while the decedent was in prison, jail, police custody, the state hospital, or in a detention or medical facility operated for the treatment of persons with a mental illness, persons who are emotionally disturbed, or delinquent persons;
(10) resulted directly from the actions of a law enforcement officer, as defined in Section 53-13-103;
(11) was associated with diagnostic or therapeutic procedures; or
(12) was described in this section when request is made to assume custody by a county or district attorney or law enforcement agency in connection with a potential homicide investigation or prosecution.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 206 - Discovery of dead body -- Notice requirements -- Procedure.

Effective 5/3/2023
26B-8-206.
Discovery of dead body -- Notice requirements -- Procedure.
(1) When death occurs under circumstances listed in Section 26B-8-205, the person or persons finding or having custody of the body shall immediately notify the nearest law enforcement agency. The law enforcement agency having jurisdiction over the case shall then proceed to the place where the body is and conduct an investigation concerning the cause and circumstances of death for the purpose of determining whether there exists any criminal responsibility for the death.
(2) On a determination by the law enforcement agency that death may have occurred in any of the ways described in Section 26B-8-205, the death shall be reported to the district attorney or county attorney having criminal jurisdiction and to the medical examiner by the law enforcement agency having jurisdiction over the investigation.
(3) The report shall be made by the most expeditious means available. Failure to give notification or report to the district attorney or county attorney having criminal jurisdiction and medical examiner is a class B misdemeanor.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 208 - Rendering a dead body unavailable for postmortem investigation.

Effective 5/3/2023
26B-8-208.
Rendering a dead body unavailable for postmortem investigation.
(1) As used in this section:
(a) "Medical examiner" means the same as that term is defined in Section 26B-8-201.
(b) "Unavailable for postmortem investigation" means the same as that term is defined in Section 26B-8-201.
(2) It is unlawful for a person to engage in any conduct that makes a dead body unavailable for postmortem investigation, unless, before engaging in that conduct, the person obtains a permit from the medical examiner to render the dead body unavailable for postmortem investigation, under Section 26B-8-230, if the person intends to make the body unavailable for postmortem investigation.
(3) A person who violates Subsection (2) is guilty of a third degree felony.
(4) If a person engages in conduct that constitutes both a violation of this section and a violation of Section 76-9-704, the provisions and penalties of Section 76-9-704 supersede the provisions and penalties of this section.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 209 - Certification of cause of death.

Effective 5/3/2023
26B-8-209.
Certification of cause of death.
(1)
(a) For a death under any of the circumstances described in Section 26B-8-205, only the medical examiner or the medical examiner's designee may certify the cause of death.
(b) An individual who knowingly certifies the cause of death in violation of Subsection (1)(a) is guilty of a class B misdemeanor.
(2)
(a) For a death described in Section 26B-8-205, an individual may not knowingly give false information, with the intent to mislead, to the medical examiner or the medical examiner's designee.
(b) A violation of Subsection (2)(a) is a class B misdemeanor.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 210 - Medical examiner to report death caused by prescribed controlled substance poisoning or overdose.

Effective 5/3/2023
26B-8-210.
Medical examiner to report death caused by prescribed controlled substance poisoning or overdose.
(1) If a medical examiner determines that the death of a person who is 12 years old or older at the time of death resulted from poisoning or overdose involving a prescribed controlled substance, the medical examiner shall, within three business days after the day on which the medical examiner determines the cause of death, send a written report to the Division of Professional Licensing, created in Section 58-1-103, that includes:
(a) the decedent's name;
(b) each drug or other substance found in the decedent's system that may have contributed to the poisoning or overdose, if known; and
(c) the name of each person the medical examiner has reason to believe may have prescribed a controlled substance described in Subsection (1)(b) to the decedent.
(2) This section does not create a new cause of action.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 211 - Records and reports of investigations.

Effective 5/3/2023
26B-8-211.
Records and reports of investigations.
(1) A complete copy of all written records and reports of investigations and facts resulting from medical care treatment, autopsies conducted by any person on the body of the deceased who died in any manner listed in Section 26B-8-205 and the written reports of any investigative agency making inquiry into the incident shall be promptly made and filed with the medical examiner.
(2) The judiciary or a state or local government entity that retains a record, other than a document described in Subsection (1), of the decedent shall provide a copy of the record to the medical examiner:
(a) in accordance with federal law; and
(b) upon receipt of the medical examiner's written request for the record.
(3) Failure to submit reports or records described in Subsection (1) or (2), other than reports of a county attorney, district attorney, or law enforcement agency, within 10 days after the day on which the person in possession of the report or record receives the medical examiner's written request for the report or record is a class B misdemeanor.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 213 - Autopsies -- When authorized.

Effective 5/3/2023
26B-8-213.
Autopsies -- When authorized.
(1) The medical examiner shall perform an autopsy to:
(a) aid in the discovery and prosecution of a crime;
(b) protect an innocent person accused of a crime; and
(c) disclose hazards to public health.
(2) The medical examiner may perform an autopsy:
(a) to aid in the administration of civil justice in life and accident insurance problems in accordance with Title 34A, Chapter 2, Workers' Compensation Act; and
(b) in other cases involving questions of civil liability.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 214 - Certification of death by attending health care professional -- Deaths without medical attendance -- Cause of death uncertain -- Notice requirements.

Effective 5/3/2023
26B-8-214.
Certification of death by attending health care professional -- Deaths without medical attendance -- Cause of death uncertain -- Notice requirements.
(1)
(a) A health care professional who treats or examines an individual within 365 days from the day on which the individual dies, shall certify the individual's cause of death to the best of the health care professional's knowledge and belief unless the health care professional determines the individual may have died in a manner described in Section 26B-8-205.
(b) If a health care professional is unable to determine an individual's cause of death in accordance with Subsection (1)(a), the health care professional shall notify the medical examiner.
(2) For an unattended death, the person with custody of the body shall notify the medical examiner of the death.
(3) If the medical examiner determines there may be criminal responsibility for a death, the medical examiner shall notify:
(a) the district attorney or county attorney that has criminal jurisdiction; or
(b) the head of the law enforcement agency that has jurisdiction to investigate the death.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 215 - Deaths in medical centers and federal facilities.

Effective 5/3/2023
26B-8-215.
Deaths in medical centers and federal facilities.
All death certificates of any decedent who died in a teaching medical center or a federal medical facility unattended or in the care of an unlicensed physician or other medical personnel shall be signed by the licensed supervisory physician, attending physician or licensed resident physician of the medical center or facility.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 216 - Release of body for funeral preparations.

Effective 5/3/2023
26B-8-216.
Release of body for funeral preparations.
(1)
(a) Where a body is held for investigation or autopsy under this chapter or for a medical investigation permitted by law, the body shall, if requested by the person given priority under Section 58-9-602, be released for funeral preparations no later than 24 hours after the arrival at the office of the medical examiner or regional medical facility.
(b) An extension may be ordered only by a district court.
(2) The right and duty to control the disposition of a deceased person is governed by Sections 58-9-601 through 58-9-606.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 218 - Records of medical examiner -- Admissibility as evidence -- Subpoena of person who prepared record.

Effective 5/3/2023
26B-8-218.
Records of medical examiner -- Admissibility as evidence -- Subpoena of person who prepared record.
The records of the medical examiner or transcripts thereof certified by the medical examiner are admissible as evidence in any civil action in any court in this state except that statements by witnesses or other persons, unless taken pursuant to Section 26B-8-221, as conclusions upon extraneous matters are not hereby made admissible. The person who prepared a report or record offered in evidence hereunder may be subpoenaed as a witness in the case by any party.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 219 - Personal property of deceased -- Disposition.

Effective 5/3/2023
26B-8-219.
Personal property of deceased -- Disposition.
(1) Personal property of the deceased not held as evidence shall be turned over to the legal representative of the deceased within 30 days after completion of the investigation of the death of the deceased. If no legal representative is known, the county attorney, district attorney, or the medical examiner shall, within 30 days after the investigation, turn the personal property over to the county treasurer to be handled pursuant to the escheat laws.
(2) An affidavit shall be filed with the county treasurer by the county attorney, district attorney, or the medical examiner within 30 days after investigation of the death of the deceased showing the money or other property belonging to the estate of the deceased person which has come into his possession and the disposition made of the property.
(3) Property required to be turned over to the legal representative of the deceased may be held longer than 30 days if, in the opinion of the county attorney, district attorney, or attorney general, the property is necessary evidence in a court proceeding. Upon conclusion of the court proceedings, the personal property shall be turned over as described in this section and in accordance with the rules of the court.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 220 - Officials not liable for authorized acts.

Effective 5/3/2023
26B-8-220.
Officials not liable for authorized acts.
Except as provided in this part, a criminal or civil action may not arise against the county attorney, district attorney, or his deputies, the medical examiner or his deputies, or regional pathologists for authorizing or performing autopsies authorized by this part or for any other act authorized by this part.
Renumbered and Amended by Chapter 306, 2023 General Session