Title 26 Utah Health Code Chapter 4 Utah Medical Examiner Act Section 9 Custody of dead body and personal effects -- Examination of scene of death -- Preservation of body -- Autopsies.
26-4-9.Custody of dead body and personal effects -- Examination of scene of death
-- Preservation of body -- Autopsies.
(1) Upon notification of a death under Section 26-4-8, the medical examiner shall assume
custody of the deceased body, clothing on the body, biological samples taken, and any article on
or near the body which may aid him in determining the cause of death except those articles which
will assist the investigative agency to proceed without delay with the investigation. In all cases the
scene of the event shall not be disturbed until authorization is given by the senior ranking peace
officer from the law enforcement agency having jurisdiction of the case and conducting the
investigation. Where death appears to have occurred under circumstances listed in Section 26-4-7,
the person or persons finding or having custody of the body, or jurisdiction over the investigation
of the death, shall take reasonable precautions to preserve the body and body fluids so that
minimum deterioration takes place. The body shall not be moved without permission of the
medical examiner, district attorney, or county attorney having criminal jurisdiction, or his
authorized deputy except in cases of affront to public decency or circumstances where it is not
practical to leave the body where found, or in such cases where the cause of death is clearly due
to natural causes. The body can under direction of a licensed physician or the medical examiner
or his designated representative be moved to a place specified by a funeral director, the attending
physician, the medical examiner, or his representative.
(2) In the event the body, where referred to the medical examiner, is moved, no cleansing
or embalming of the body shall occur without the permission of the medical examiner. An
intentional or knowing violation of this Subsection (2) is a class B misdemeanor.
(3) When the medical examiner assumes lawful custody of a body under Subsection
26-4-7(3) solely because the death was unattended, an autopsy shall not be performed unless
requested by the district attorney, county attorney having criminal jurisdiction, or law
enforcement agency having jurisdiction of the place where the body is found, or a licensed
physician, or a spouse, child, parent or guardian of the deceased, and a licensed physician. The
county attorney or district attorney and law enforcement agency having jurisdiction shall consult
with the medical examiner to determine the need for an autopsy. In any such case concerning
unattended deaths qualifying as exempt from autopsy, a death certificate may be certified by a
licensed physician. In this case the physician may be established as the medical examiner's
designated representative. Requested autopsies shall not be performed when the medical
examiner or his designated representative determines the autopsy to be unnecessary, provided that
an autopsy requested by a district or county attorney or law enforcement agency may only be
determined to be unnecessary if the cause of death can be ascertained without an autopsy being
performed.
Amended by Chapter 289, 1999 General Session
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