Senator Curtis S. Bramble proposes the following substitute bill:


1     
PHYSICIAN ASSISTANT VITAL STATISTICS ACT AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Timothy D. Hawkes

6     

7     LONG TITLE
8     General Description:
9          This bill allows certain individuals who are licensed as a physician assistant to practice
10     as a health care professional under the Utah Vital Statistics Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     adds certain physician assistants to the list of individuals who can practice as a
14     health care professional under the Utah Vital Statistics Act; and
15          ▸     creates requirements that a physician assistant must meet in order to practice as a
16     health care professional under the Utah Vital Statistics Act.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          26-2-2, as last amended by Laws of Utah 2015, Chapters 137 and 184
24     

25     Be it enacted by the Legislature of the state of Utah:

26          Section 1. Section 26-2-2 is amended to read:
27          26-2-2. Definitions.
28          As used in this chapter:
29          (1) "Adoption document" means an adoption-related document filed with the office, a
30     petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted
31     in support of a supplementary birth certificate.
32          [(2) "Advanced practice registered nurse" means a person licensed to practice as an
33     advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse Practice
34     Act.]
35          [(3)] (2) "Custodial funeral service director" means a funeral service director who:
36          (a) is employed by a licensed funeral establishment; and
37          (b) has custody of a dead body.
38          [(4)] (3) "Dead body" or "decedent" means a human body or parts of the human body
39     from the condition of which it reasonably may be concluded that death occurred.
40          [(5)] (4) "Dead fetus" means a product of human conception, other than those
41     circumstances described in Subsection 76-7-301(1):
42          (a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual
43     period began to the date of delivery; and
44          (b) that was not born alive.
45          [(6)] (5) "Declarant father" means a male who claims to be the genetic father of a child,
46     and, along with the biological mother, signs a voluntary declaration of paternity to establish the
47     child's paternity.
48          [(7)] (6) "Dispositioner" means:
49          (a) a person designated in a written instrument, under Subsection 58-9-602(1), as
50     having the right and duty to control the disposition of the decedent, if the person voluntarily
51     acts as the dispositioner; or
52          (b) the next of kin of the decedent, if:
53          (i) (A) a person has not been designated as described in Subsection [(7)] (6)(a); or
54          (B) the person described in Subsection [(7)] (6)(a) is unable or unwilling to exercise
55     the right and duty described in Subsection [(7)] (6)(a); and
56          (ii) the next of kin voluntarily acts as the dispositioner.

57          [(8)] (7) "File" means the submission of a completed certificate or other similar
58     document, record, or report as provided under this chapter for registration by the state registrar
59     or a local registrar.
60          [(9)] (8) "Funeral service director" means the same as that term is defined in Section
61     58-9-102.
62          [(10)] (9) "Health care facility" means the same as that term is defined in Section
63     26-21-2.
64          [(11)] (10) "Health care professional" means a physician, physician assistant, or nurse
65     practitioner.
66          [(12)] (11) "Licensed funeral establishment" means a funeral service establishment, as
67     defined in Section 58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services
68     Licensing Act.
69          [(13)] (12) "Live birth" means the birth of a child who shows evidence of life after the
70     child is entirely outside of the mother.
71          [(14)] (13) "Local registrar" means a person appointed under Subsection 26-2-3(3)(b).
72          [(15)] (14) "Nurse practitioner" means an [advanced practice registered nurse
73     specializing as a nurse practitioner] individual who:
74          (a) is licensed to practice as an advanced practice registered nurse under Title 58,
75     Chapter 31b, Nurse Practice Act; and
76          (b) has completed an education program regarding the completion of a certificate of
77     death developed by the department by administrative rule [adopted] made in accordance with
78     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
79          [(16)] (15) "Office" means the Office of Vital Records and Statistics within the
80     Department of Health, operating under Title 26, Chapter 2, Utah Vital Statistics Act.
81          [(17)] (16) "Physician" means a person licensed to practice as a physician or osteopath
82     in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68,
83     Utah Osteopathic Medical Practice Act.
84          (17) "Physician assistant" means an individual who:
85          (a) is licensed to practice as a physician assistant under Title 58, Chapter 70a,
86     Physician Assistant Act; and
87          (b) has completed an education program regarding the completion of a certificate of

88     death developed by the department by administrative rule made in accordance with Title 63G,
89     Chapter 3, Utah Administrative Rulemaking Act.
90          (18) "Presumed father" means the father of a child conceived or born during a marriage
91     as defined in Section 30-1-17.2.
92          (19) "Registration" or "register" means acceptance by the local or state registrar of a
93     certificate and incorporation of the certificate into the permanent records of the state.
94          (20) "State registrar" means the state registrar of vital records appointed under
95     Subsection 26-2-3(2)(e).
96          (21) "Vital records" means:
97          (a) registered certificates or reports of birth, death, fetal death, marriage, divorce,
98     dissolution of marriage, or annulment;
99          (b) amendments to any of the registered certificates or reports described in Subsection
100     (21)(a);
101          (c) an adoption document; and
102          (d) other similar documents.
103          (22) "Vital statistics" means the data derived from registered certificates and reports of
104     birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of
105     marriage, or annulment.