H.B. 254 Enrolled

1

HEALTH PROFESSIONAL AUTHORITY -
2 DEATH CERTIFICATES
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Bradley G. Last
6 Senate Sponsor: Sheldon L. Killpack
7
8 LONG TITLE
9 General Description:
10 This bill amends the Vital Statistics Act and the Motor Vehicle Act.
11 Highlighted Provisions:
12 This bill:
13 . amends definitions in the Vital Statistics Act;
14 . except for fetal deaths, authorizes a nurse practitioner in certain circumstances to
15 state or certify cause of death, and complete and sign a death certificate;
16 . provides additional definitions in the Motor Vehicle Act; and
17 . allows a nurse practitioner to certify that a person has a disability, and will have the
18 disability for a particular length of time, for purposes of obtaining a disability
19 special group license plate, a temporary removable windshield placard, or a
20 removable windshield placard from the Motor Vehicle Division.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 26-2-2, as last amended by Laws of Utah 2006, Chapter 56
28 26-2-13, as last amended by Laws of Utah 2007, Chapter 32
29 26-2-16, as last amended by Laws of Utah 2006, Chapter 56

30 41-1a-420, as last amended by Laws of Utah 2008, Chapter 382
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 26-2-2 is amended to read:
34 26-2-2. Definitions.
35 As used in this chapter:
36 (1) "Advanced practice registered nurse" means a person licensed to practice as an
37 advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse Practice
38 Act.
39 [(1)] (2) "Custodial funeral service director" means a funeral service director who:
40 (a) is employed by a licensed funeral establishment; and
41 (b) has custody of a dead body.
42 [(2)] (3) "Dead body" or "decedent" means a human body or parts of the human body
43 from the condition of which it reasonably may be concluded that death occurred.
44 [(3)] (4) "Dead fetus" means a product of human conception:
45 (a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual
46 period began to the date of delivery; and
47 (b) that was not born alive.
48 [(4)] (5) "Declarant father" means a male who claims to be the genetic father of a
49 child, and, along with the biological mother, signs a voluntary declaration of paternity to
50 establish the child's paternity.
51 [(5)] (6) "File" means the submission of a completed certificate or other similar
52 document, record, or report as provided under this chapter for registration by the state registrar
53 or a local registrar.
54 [(6)] (7) "Funeral service director" is as defined in Section 58-9-102 .
55 [(7)] (8) "Health care facility" is as defined in Section 26-21-2 .
56 (9) "Health care professional" means a physician or nurse practitioner.
57 [(8)] (10) "Licensed funeral establishment" means a funeral service establishment, as

58 defined in Section 58-9-102 , that is licensed under Title 58, Chapter 9, Funeral Services
59 Licensing Act.
60 [(9)] (11) "Live birth" means the birth of a child who shows evidence of life after it is
61 entirely outside of the mother.
62 [(10)] (12) "Local registrar" means a person appointed under Subsection 26-2-3 (2)(b).
63 (13) "Nurse practitioner" means an advanced practice registered nurse specializing as
64 a nurse practitioner who:
65 (a) has completed an education program regarding the completion of a certificate of
66 death developed by the department by administrative rule adopted in accordance with Title
67 63G, Chapter 3, Utah Administrative Rulemaking Act;
68 (b) is in independent practice or a group practice; and
69 (c) is not employed by a health care facility licensed under Chapter 21, Health Care
70 Facility Licensing and Inspection Act.
71 [(11)] (14) "Physician" means a person licensed to practice as a physician or osteopath
72 in this state under Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah
73 Osteopathic Medical Practice Act.
74 [(12)] (15) "Presumed father" means the father of a child conceived or born during a
75 marriage as defined in Section 30-1-17.2 .
76 [(13)] (16) "Registration" or "register" means acceptance by the local or state registrar
77 of a certificate and incorporation of it into the permanent records of the state.
78 [(14)] (17) "State registrar" means the state registrar of vital records appointed under
79 Subsection 26-2-3 (1)(e).
80 [(15)] (18) "Vital records" means registered certificates or reports of birth, death, fetal
81 death, marriage, divorce, dissolution of marriage, or annulment, amendments to any of these
82 registered certificates or reports, and other similar documents.
83 [(16)] (19) "Vital statistics" means the data derived from registered certificates and
84 reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce,
85 dissolution of marriage, or annulment.

86 Section 2. Section 26-2-13 is amended to read:
87 26-2-13. Certificate of death -- Execution and registration requirements.
88 (1) (a) A certificate of death for each death which occurs in this state shall be filed
89 with the local registrar of the district in which the death occurs, or as otherwise directed by the
90 state registrar, within five days after death and prior to the decedent's interment, any other
91 disposal, or removal from the registration district where the death occurred.
92 (b) A certificate of death shall be registered if it is completed and filed in accordance
93 with this chapter.
94 (2) (a) If the place of death is unknown but the dead body is found in this state, the
95 certificate of death shall be completed and filed in accordance with this section.
96 (b) The place where the dead body is found shall be shown as the place of death.
97 (c) If the date of death is unknown, the date shall be determined by approximation.
98 (3) (a) When death occurs in a moving conveyance in the United States and the
99 decedent is first removed from the conveyance in this state:
100 (i) the certificate of death shall be filed with:
101 (A) the local registrar of the district where the decedent is removed; or
102 (B) a person designated by the state registrar; and
103 (ii) the place where the decedent is removed shall be considered the place of death.
104 (b) When a death occurs on a moving conveyance outside the United States and the
105 decedent is first removed from the conveyance in this state:
106 (i) the certificate of death shall be filed with:
107 (A) the local registrar of the district where the decedent is removed; or
108 (B) a person designated by the state registrar; and
109 (ii) the certificate of death shall show the actual place of death to the extent it can be
110 determined.
111 (4) (a) The custodial funeral service director shall sign the certificate of death.
112 (b) The custodial funeral service director or an agent of the custodial funeral service
113 director shall:

114 (i) file the certificate of death prior to any disposition of a dead body or fetus; and
115 (ii) obtain the decedent's personal data from the next of kin or the best qualified
116 person or source available including the decedent's Social Security number, if known;
117 however, the certificate of death may not include the decedent's Social Security number.
118 (5) (a) [The] Except as provided in Section 26-2-14 , fetal death certificates, the
119 medical section of the certificate of death shall be completed, signed, and returned to the
120 funeral service director within 72 hours after death by the [physician] health care professional
121 who was in charge of the decedent's care for the illness or condition which resulted in death,
122 except when inquiry is required by Title 26, Chapter 4, Utah Medical Examiner Act.
123 (b) In the absence of the [physician] health care professional or with the [physician's]
124 health care professional's approval, the certificate of death may be completed and signed by an
125 associate physician, the chief medical officer of the institution in which death occurred, or a
126 physician who performed an autopsy upon the decedent, provided the person has access to the
127 medical history of the case, views the decedent at or after death, and death is not due to causes
128 required to be investigated by the medical examiner.
129 (6) When death occurs more than 30 days after the decedent was last treated by a
130 [physician] health care professional, the case shall be referred to the medical examiner for
131 investigation to determine and certify the cause, date, and place of death.
132 (7) When inquiry is required by Title 26, Chapter 4, Utah Medical Examiner Act, the
133 medical examiner shall make an investigation and complete and sign the medical section of
134 the certificate of death within 72 hours after taking charge of the case.
135 (8) If the cause of death cannot be determined within 72 hours after death:
136 (a) the medical section of the certificate of death shall be completed as provided by
137 department rule;
138 (b) the attending [physician] health care professional or medical examiner shall give
139 the funeral service director notice of the reason for the delay; and
140 (c) final disposition of the decedent may not be made until authorized by the attending
141 [physician] health care professional or medical examiner.

142 (9) (a) When a death is presumed to have occurred within this state but the dead body
143 cannot be located, a certificate of death may be prepared by the state registrar upon receipt of
144 an order of a Utah district court.
145 (b) The order described in Subsection (9)(a) shall include a finding of fact stating the
146 name of the decedent, the date of death, and the place of death.
147 (c) A certificate of death prepared under Subsection (9)(a) shall:
148 (i) show the date of registration; and
149 (ii) identify the court and date of the order.
150 Section 3. Section 26-2-16 is amended to read:
151 26-2-16. Certificate of death -- Duties of a custodial funeral service director or
152 agent -- Medical certification -- Records of funeral service director -- Information filed
153 with local registrar -- Unlawful signing of certificate of death.
154 (1) The custodial funeral service director shall sign the certificate of death prior to any
155 disposition of a dead body or dead fetus.
156 (2) The custodial funeral service director or an agent of the custodial funeral service
157 director shall:
158 (a) obtain personal and statistical information regarding the decedent from the
159 available persons best qualified to provide the information;
160 (b) present the certificate of death to the attending [physician] health care
161 professional, if any, or to the medical examiner who shall certify the cause of death and other
162 information required on the certificate of death;
163 (c) provide the address of the custodial funeral service director;
164 (d) certify the date and place of burial; and
165 (e) file the certificate of death with the state or local registrar.
166 (3) A funeral service director, embalmer, or other person who removes from the place
167 of death or transports or is in charge of final disposal of a dead body or dead fetus, shall keep a
168 record identifying the dead body or dead fetus, and containing information pertaining to
169 receipt, removal, and delivery of the dead body or dead fetus as prescribed by department rule.

170 (4) (a) Not later than the tenth day of each month, every licensed funeral service
171 establishment shall send to the local registrar and the department a list of the information
172 required in Subsection (3) for each casket furnished and for funerals performed when no
173 casket was furnished, during the preceding month.
174 (b) The list described in Subsection (4)(a) shall be in the form prescribed by the state
175 registrar.
176 (5) Any person who intentionally signs the portion of a certificate of death that is
177 required to be signed by a funeral service director under Subsection (1) is guilty of a class B
178 misdemeanor, unless the person:
179 (a) is a funeral service director; and
180 (b) is employed by a licensed funeral establishment.
181 Section 4. Section 41-1a-420 is amended to read:
182 41-1a-420. Disability special group license plates -- Application and
183 qualifications -- Rulemaking.
184 (1) As used in this section:
185 (a) "Advanced practice registered nurse" means a person licensed to practice as an
186 advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse Practice
187 Act.
188 (b) "Nurse practitioner" means an advanced practice registered nurse specializing as a
189 nurse practitioner.
190 (c) "Physician" means a person licensed to practice as a physician or osteopath in this
191 state under Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic
192 Medical Practice Act.
193 [(1)] (2) The division shall issue a disability special group license plate, a temporary
194 removable windshield placard, or a removable windshield placard to:
195 (a) a qualifying person with a disability; or
196 (b) the registered owner of a vehicle that an organization uses primarily for the
197 transportation of persons with disabilities that limit or impair the ability to walk.

198 [(2)] (3) (a) The initial application of a person with a disability shall be accompanied
199 by the certification of a [licensed] physician or nurse practitioner:
200 (i) that the applicant meets the definition of a person with a disability that limits or
201 impairs the ability to walk as defined in the federal Uniform System for Parking for Persons
202 with Disabilities, 23 C.F.R. Ch. 11, Subch. B, Pt. 1235.2 (1991); and
203 (ii) [containing] specifying the period of time that the physician or nurse practitioner
204 determines the applicant will have the disability, not to exceed six months in the case of a
205 temporary disability.
206 (b) The division shall issue a [person with a] disability special group license plate or a
207 removable windshield placard to a person with a permanent disability.
208 (c) The issuance of a person with a disability special group license plate does not
209 preclude the issuance to the same applicant of a removable windshield placard.
210 (d) On request of an applicant with a disability special group license plate, temporary
211 removable windshield placard, or a removable windshield placard the division shall issue one
212 additional placard.
213 (e) A disability special group license plate, temporary removable windshield placard,
214 or removable windshield placard may be used to allow one motorcycle to share a parking
215 space reserved for persons with a disability if:
216 (i) the person with a disability:
217 (A) is using a motorcycle; and
218 (B) displays on the motorcycle a disability special group license plate, temporary
219 removable windshield placard, or a removable windshield placard;
220 (ii) the person who shares the parking space assists the person with a disability with
221 the parking accommodation; and
222 (iii) the parking space is sufficient size to accommodate both motorcycles without
223 interfering with other parking spaces or traffic movement.
224 [(3)] (4) (a) The temporary removable windshield placard or removable windshield
225 placard shall be hung from the front windshield rearview mirror when the vehicle is parked in

226 a parking space reserved for persons with disabilities so that it is visible from the front and
227 rear of the vehicle.
228 (b) If a motorcycle is being used, the temporary removable windshield placard or
229 removable windshield placard shall be displayed in plain sight on or near the handle bars of
230 the motorcycle.
231 [(4)] (5) The commission shall make rules in accordance with Title 63G, Chapter 3,
232 Utah Administrative Rulemaking Act, to:
233 (a) establish qualifying criteria for persons to receive, renew, or surrender special
234 group license plates, a temporary removable windshield placard, or a removable windshield
235 placard in accordance with this section;
236 (b) establish the maximum number of numerals or characters for disability special
237 group license plates; and
238 (c) require all temporary removable windshield placards and removable windshield
239 placards to include:
240 (i) an identification number;
241 (ii) an expiration date not to exceed:
242 (A) six months for a temporary removable windshield placard; and
243 (B) two years for a removable windshield placard; and
244 (iii) the seal or other identifying mark of the division.