Chief Sponsor: Craig Hall

Senate Sponsor: Evan J. Vickers


8     General Description:
9          This bill amends provisions of the Utah Vital Statistics Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the definition of "licensed funeral establishment" to include funeral
13     establishments outside of Utah that are licensed by another United States
14     jurisdiction.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          26-2-2, as last amended by Laws of Utah 2015, Chapters 137 and 184

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 26-2-2 is amended to read:
25          26-2-2. Definitions.
26          As used in this chapter:
27          (1) "Adoption document" means an adoption-related document filed with the office, a
28     petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted
29     in support of a supplementary birth certificate.

30          (2) "Advanced practice registered nurse" means a person licensed to practice as an
31     advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse Practice Act.
32          (3) "Custodial funeral service director" means a funeral service director who:
33          (a) is employed by a licensed funeral establishment; and
34          (b) has custody of a dead body.
35          (4) "Dead body" or "decedent" means a human body or parts of the human body from
36     the condition of which it reasonably may be concluded that death occurred.
37          (5) "Dead fetus" means a product of human conception, other than those circumstances
38     described in Subsection 76-7-301(1):
39          (a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual
40     period began to the date of delivery; and
41          (b) that was not born alive.
42          (6) "Declarant father" means a male who claims to be the genetic father of a child, and,
43     along with the biological mother, signs a voluntary declaration of paternity to establish the
44     child's paternity.
45          (7) "Dispositioner" means:
46          (a) a person designated in a written instrument, under Subsection 58-9-602(1), as
47     having the right and duty to control the disposition of the decedent, if the person voluntarily
48     acts as the dispositioner; or
49          (b) the next of kin of the decedent, if:
50          (i) (A) a person has not been designated as described in Subsection (7)(a); or
51          (B) the person described in Subsection (7)(a) is unable or unwilling to exercise the
52     right and duty described in Subsection (7)(a); and
53          (ii) the next of kin voluntarily acts as the dispositioner.
54          (8) "File" means the submission of a completed certificate or other similar document,
55     record, or report as provided under this chapter for registration by the state registrar or a local
56     registrar.
57          (9) "Funeral service director" means the same as that term is defined in Section

58     58-9-102.
59          (10) "Health care facility" means the same as that term is defined in Section 26-21-2.
60          (11) "Health care professional" means a physician or nurse practitioner.
61          (12) "Licensed funeral establishment" means:
62          (a) if located in Utah, a funeral service establishment, as that term is defined in Section
63     58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act[.]; or
64          (b) if located in a state, district, or territory of the United States other than Utah, a
65     funeral service establishment that complies with the licensing laws of the jurisdiction where the
66     establishment is located.
67          (13) "Live birth" means the birth of a child who shows evidence of life after the child is
68     entirely outside of the mother.
69          (14) "Local registrar" means a person appointed under Subsection 26-2-3(3)(b).
70          (15) "Nurse practitioner" means an advanced practice registered nurse specializing as a
71     nurse practitioner who has completed an education program regarding the completion of a
72     certificate of death developed by the department by administrative rule adopted in accordance
73     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
74          (16) "Office" means the Office of Vital Records and Statistics within the Department
75     of Health, operating under Title 26, Chapter 2, Utah Vital Statistics Act.
76          (17) "Physician" means a person licensed to practice as a physician or osteopath in this
77     state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
78     Osteopathic Medical Practice Act.
79          (18) "Presumed father" means the father of a child conceived or born during a marriage
80     as defined in Section 30-1-17.2.
81          (19) "Registration" or "register" means acceptance by the local or state registrar of a
82     certificate and incorporation of the certificate into the permanent records of the state.
83          (20) "State registrar" means the state registrar of vital records appointed under
84     Subsection 26-2-3(2)(e).
85          (21) "Vital records" means:

86          (a) registered certificates or reports of birth, death, fetal death, marriage, divorce,
87     dissolution of marriage, or annulment;
88          (b) amendments to any of the registered certificates or reports described in Subsection
89     (21)(a);
90          (c) an adoption document; and
91          (d) other similar documents.
92          (22) "Vital statistics" means the data derived from registered certificates and reports of
93     birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of
94     marriage, or annulment.