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8 LONG TITLE
9 General Description:
10 This bill amends the Vital Statistics Act.
11 Highlighted Provisions:
12 This bill:
13 . requires the custodial funeral service director to file with the registrar the
14 information related to personal data for the certificate of death;
15 . requires the custodial funeral service director to deliver the certificate of death to
16 the physician to complete the medical part of the certificate of death;
17 . requires the physician to file the medical portion of the certificate of death with the
18 registrar rather than return the medical portion of the certificate of death to the
19 custodial funeral service director who would then file it with the registrar; and
20 . makes technical amendments.
21 Monies Appropriated in this Bill:
23 Other Special Clauses:
24 This bill coordinates with H.B. 276, Health Professional Authority - Death Certificate
25 and Disability, by changing terminology.
26 Utah Code Sections Affected:
28 26-2-13, as last amended by Laws of Utah 2007, Chapter 32
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 26-2-13 is amended to read:
32 26-2-13. Certificate of death -- Execution and registration requirements.
33 (1) (a) A certificate of death for each death which occurs in this state:
34 (i) shall be filed with:
35 (A) the local registrar of the district in which the death occurs[
36 (B) as otherwise directed by the state registrar[
37 (ii) shall be filed:
38 (A) within five days after death; and
39 (B) prior to:
40 (I) the decedent's interment[
41 (II) any other disposal[
42 (III) removal of the decedent from the registration district where the death occurred.
43 (b) A certificate of death shall be registered if it is completed and filed in accordance
44 with this chapter.
45 (2) (a) If the place of death is unknown but the dead body is found in this state, the
46 certificate of death shall be completed and filed in accordance with this section.
47 (b) The place where the dead body is found shall be shown as the place of death.
48 (c) If the date of death is unknown, the date shall be determined by approximation.
49 (3) (a) When death occurs in a moving conveyance in the United States and the
50 decedent is first removed from the conveyance in this state:
51 (i) the certificate of death shall be filed with:
52 (A) the local registrar of the district where the decedent is removed; or
53 (B) a person designated by the state registrar; and
54 (ii) the place where the decedent is removed shall be considered the place of death.
55 (b) When a death occurs on a moving conveyance outside the United States and the
56 decedent is first removed from the conveyance in this state:
57 (i) the certificate of death shall be filed with:
58 (A) the local registrar of the district where the decedent is removed; or
59 (B) a person designated by the state registrar; and
60 (ii) the certificate of death shall show the actual place of death to the extent it can be
64 service director:
65 (a) shall[
67 person or source available including the decedent's Social Security number, if known;
69 (b) may not include the decedent's Social Security number[
70 (c) shall complete the information on the certificate of death, except for the medical
71 section required by Subsection (5);
72 (d) shall sign and submit the information required by Subsection (4)(a) in accordance
73 with Subsection (1)(a); and
74 (e) shall deliver to the physician the certificate of death to be completed by the
75 physician in accordance with Subsection (5).
76 (5) (a) The medical section of the certificate of death shall be completed, signed, and
77 returned to the [
78 72 hours after death by the physician who was in charge of the decedent's care for the illness or
79 condition which resulted in death, except when inquiry is required by Title 26, Chapter 4, Utah
80 Medical Examiner Act.
81 (b) In the absence of the physician or with the physician's approval, the certificate of
82 death may be completed and signed by an associate physician, the chief medical officer of the
83 institution in which death occurred, or a physician who performed an autopsy upon the
84 decedent, provided the person has access to the medical history of the case, views the decedent
85 at or after death, and death is not due to causes required to be investigated by the medical
87 (6) When death occurs more than 30 days after the decedent was last treated by a
88 physician, the case shall be referred to the medical examiner for investigation to determine and
89 certify the cause, date, and place of death.
90 (7) When inquiry is required by Title 26, Chapter 4, Utah Medical Examiner Act, the
91 medical examiner shall make an investigation and complete and sign the medical section of the
92 certificate of death within 72 hours after taking charge of the case.
93 (8) If the cause of death cannot be determined within 72 hours after death:
94 (a) the medical section of the certificate of death shall be completed as provided by
95 department rule;
96 (b) the attending physician or medical examiner shall give the funeral service director
97 notice of the reason for the delay; and
98 (c) final disposition of the decedent may not be made until authorized by the attending
99 physician or medical examiner.
100 (9) (a) When a death is presumed to have occurred within this state but the dead body
101 cannot be located, a certificate of death may be prepared by the state registrar upon receipt of
102 an order of a Utah district court.
103 (b) The order described in Subsection (9)(a) shall include a finding of fact stating the
104 name of the decedent, the date of death, and the place of death.
105 (c) A certificate of death prepared under Subsection (9)(a) shall:
106 (i) show the date of registration; and
107 (ii) identify the court and date of the order.
108 Section 2. Coordinating S.B. 175 with H.B. 276 -- Changing terminology.
109 If this S.B. 175 and H.B. 276, Health Professional Authority - Death and Disability,
110 both pass, it is the intent of the Legislature that the Office of Legislative Research and General
111 Counsel, in preparing the Utah Code database for publication, replace the word "physician" in
112 Subsection 26-2-13 (4)(e) with the word "health care professional".
Legislative Review Note
as of 1-29-08 8:45 AM
Office of Legislative Research and General Counsel
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