This document includes House Floor Amendments incorporated into the bill on Mon, Mar 1, 2021 at 11:34 AM by lfindlay.
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7 LONG TITLE
8 General Description:
9 This bill amends the Utah Medical Examiner Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ extends the amount of time before a death is considered an unattended death;
14 ▸ limits who can designate a place where a body can be moved;
15 ▸ limits who may request an autopsy for an unattended death;
16 ▸ limits who may sign a death certificate once a body is in the medical examiner's
17 custody;
18 ▸ clarifies when the medical examiner may refuse to perform an autopsy; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 26-2-13, as last amended by Laws of Utah 2009, Chapters 66 and 68
27 26-4-2, as last amended by Laws of Utah 2019, Chapter 349
28 26-4-9, as last amended by Laws of Utah 2011, Chapter 297
29 26-4-14, as last amended by Laws of Utah 2019, Chapter 349
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31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 26-2-13 is amended to read:
33 26-2-13. Certificate of death -- Execution and registration requirements.
34 (1) (a) A certificate of death for each death that occurs in this state shall be filed with
35 the local registrar of the district in which the death occurs, or as otherwise directed by the state
36 registrar, within five days after death and prior to the decedent's interment, any other disposal,
37 or removal from the registration district where the death occurred.
38 (b) A certificate of death shall be registered if the certificate of death is completed and
39 filed in accordance with this chapter.
40 (2) (a) If the place of death is unknown but the dead body is found in this state:
41 (i) the certificate of death shall be completed and filed in accordance with this section;
42 and
43 (ii) the place where the dead body is found shall be shown as the place of death.
44 (b) If the date of death is unknown, the date shall be determined by approximation.
45 (3) (a) When death occurs in a moving conveyance in the United States and the
46 decedent is first removed from the conveyance in this state:
47 (i) the certificate of death shall be filed with:
48 (A) the local registrar of the district where the decedent is removed; or
49 (B) a person designated by the state registrar; and
50 (ii) the place where the decedent is removed shall be considered the place of death.
51 (b) When a death occurs on a moving conveyance outside the United States and the
52 decedent is first removed from the conveyance in this state:
53 (i) the certificate of death shall be filed with:
54 (A) the local registrar of the district where the decedent is removed; or
55 (B) a person designated by the state registrar; and
56 (ii) the certificate of death shall show the actual place of death to the extent it can be
57 determined.
58 (4) (a) Subject to Subsections (4)(d) and (10), a custodial funeral service director or, if a
59 funeral service director is not retained, a dispositioner shall sign the certificate of death.
60 (b) The custodial funeral service director, an agent of the custodial funeral service
61 director, or, if a funeral service director is not retained, a dispositioner shall:
62 (i) file the certificate of death prior to any disposition of a dead body or fetus; and
63 (ii) obtain the decedent's personal data from the next of kin or the best qualified person
64 or source available, including the decedent's Social Security number, if known.
65 (c) The certificate of death may not include the decedent's Social Security number.
66 (d) A dispositioner may not sign a certificate of death, unless the signature is witnessed
67 by the state registrar or a local registrar.
68 (5) (a) Except as provided in Section 26-2-14, fetal death certificates, the medical
69 section of the certificate of death shall be completed, signed, and returned to the funeral service
70 director, or, if a funeral service director is not retained, a dispositioner, within 72 hours after
71 death by the health care professional who was in charge of the decedent's care for the illness or
72 condition which resulted in death, except when inquiry is required by Title 26, Chapter 4, Utah
73 Medical Examiner Act.
74 (b) In the absence of the health care professional or with the health care professional's
75 approval, the certificate of death may be completed and signed by an associate physician, the
76 chief medical officer of the institution in which death occurred, or a physician who performed
77 an autopsy upon the decedent, if:
78 (i) the person has access to the medical history of the case;
79 (ii) the person views the decedent at or after death; and
80 (iii) the death is not due to causes required to be investigated by the medical examiner.
81 (6) When death occurs more than [
82 was last treated by a health care professional, the case shall be referred to the medical examiner
83 for investigation to determine and certify the cause, date, and place of death.
84 (7) When inquiry is required by Title 26, Chapter 4, Utah Medical Examiner Act, the
85 medical examiner shall make an investigation and complete and sign the medical section of the
86 certificate of death within 72 hours after taking charge of the case.
87 (8) If the cause of death cannot be determined within 72 hours after death:
88 (a) the medical section of the certificate of death shall be completed as provided by
89 department rule;
90 (b) the attending health care professional or medical examiner shall give the funeral
91 service director, or, if a funeral service director is not retained, a dispositioner, notice of the
92 reason for the delay; and
93 (c) final disposition of the decedent may not be made until authorized by the attending
94 health care professional or medical examiner.
95 (9) (a) When a death is presumed to have occurred within this state but the dead body
96 cannot be located, a certificate of death may be prepared by the state registrar upon receipt of
97 an order of a Utah district court.
98 (b) The order described in Subsection (9)(a) shall include a finding of fact stating the
99 name of the decedent, the date of death, and the place of death.
100 (c) A certificate of death prepared under Subsection (9)(a) shall:
101 (i) show the date of registration; and
102 (ii) identify the court and the date of the order.
103 (10) It is unlawful for a dispositioner to charge for or accept any remuneration for:
104 (a) signing a certificate of death; or
105 (b) performing any other duty of a dispositioner, as described in this section.
106 Section 2. Section 26-4-2 is amended to read:
107 26-4-2. Definitions.
108 As used in this chapter:
109 (1) "Dead body" is as defined in Section 26-2-2.
110 (2) "Death by violence" means death that resulted by the decedent's exposure to
111 physical, mechanical, or chemical forces, and includes death which appears to have been due to
112 homicide, death which occurred during or in an attempt to commit rape, mayhem, kidnapping,
113 robbery, burglary, housebreaking, extortion, or blackmail accompanied by threats of violence,
114 assault with a dangerous weapon, assault with intent to commit any offense punishable by
115 imprisonment for more than one year, arson punishable by imprisonment for more than one
116 year, or any attempt to commit any of the foregoing offenses.
117 (3) "Immediate relative" means an individual's spouse, child, parent, sibling,
118 grandparent, or grandchild.
119 (4) "Health care professional" means any of the following while acting in a
120 professional capacity:
121 (a) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
122 58, Chapter 68, Utah Osteopathic Medical Practice Act;
123 (b) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
124 Act; or
125 (c) an advance practice registered nurse licensed under Subsection 58-31b-301(2)(d).
126 [
127 Section 26-4-4 or a deputy appointed by the medical examiner.
128 [
129 (a) all information that the medical examiner obtains regarding a decedent; and
130 (b) reports that the medical examiner makes regarding a decedent.
131 [
132 medicine and surgery in the state, appointed by the medical examiner pursuant to Subsection
133 26-4-4(3).
134 [
135 death without obvious natural cause, death during or following an unexplained syncope or
136 coma, or death during an acute or unexplained rapidly fatal illness.
137 [
138 to be in good health or whose terminal illness appeared to be so mild that the possibility of a
139 fatal outcome was not anticipated.
140 [
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142 accomplish self-destruction.
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150 (11) "Unattended death" means a death that occurs more than 365 days after the day on
151 which a health care professional examined or treated the deceased individual for any purpose,
152 including writing a prescription.
153 [
154 (i) transported out of state;
155 (ii) buried at sea;
156 (iii) cremated;
157 (iv) processed by alkaline hydrolysis; or
158 (v) otherwise made unavailable to the medical examiner for postmortem investigation
159 or autopsy.
160 (b) "Unavailable for postmortem investigation" does not include embalming or burial
161 of a dead body pursuant to the requirements of law.
162 [
163 necessary or incident to the performance of work, including matters of personal convenience
164 and comfort not in conflict with specific instructions.
165 Section 3. Section 26-4-9 is amended to read:
166 26-4-9. Custody of dead body and personal effects -- Examination of scene of
167 death -- Preservation of body -- Autopsies.
168 (1) (a) Upon notification of a death under Section 26-4-8, the medical examiner shall
169 assume custody of the deceased body, clothing on the body, biological samples taken, and any
170 article on or near the body which may aid the medical examiner in determining the cause of
171 death except those articles which will assist the investigative agency to proceed without delay
172 with the investigation.
173 (b) In all cases the scene of the event may not be disturbed until authorization is given
174 by the senior ranking peace officer from the law enforcement agency having jurisdiction of the
175 case and conducting the investigation.
176 (c) Where death appears to have occurred under circumstances listed in Section 26-4-7,
177 the person or persons finding or having custody of the body, or jurisdiction over the
178 investigation of the death, shall take reasonable precautions to preserve the body and body
179 fluids so that minimum deterioration takes place. [
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184 (d) A person may not move a body in the custody of the medical examiner unless:
185 (i) the medical examiner, or district attorney or county attorney that has criminal
186 jurisdiction, authorizes the person to move the body;
187 (ii) a designee of an individual listed in Subsection (1)(d) authorizes the person to
188 move the body;
189 (iii) not moving the body would be an affront to public decency or impractical; or
190 (iv) the medical examiner determines the cause of death is likely due to natural causes.
191 (e) The body can under direction of [
192 [
193 by [
194 the medical examiner's designee.
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198 (2) (a) If the medical examiner has custody of a body, a person may not clean or
199 embalm the body without first obtaining the medical examiner's permission.
200 (b) An intentional or knowing violation of [
201 misdemeanor.
202 (3) (a) When the medical examiner assumes lawful custody of a body under Subsection
203 26-4-7(3) solely because the death was unattended, an autopsy may not be performed unless
204 requested by the district attorney, county attorney having criminal jurisdiction, or law
205 enforcement agency having jurisdiction of the place where the body is found[
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207 (b) The county attorney or district attorney and law enforcement agency having
208 jurisdiction shall consult with the medical examiner to determine the need for an autopsy. [
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215a Ĥ→ (c) If the deceased chose not to be seen or treated by a health care professional for
215b a spiritual or religious reason, a district attorney, county attorney, or law enforcement agency,
215c may not request an autopsy or inquest under Subsection (3)(a) solely because of the deceased's
215d choice. ←Ĥ
216 Ĥ→ [
216a requested
217 autopsy described in Subsection (3)(a) if the medical examiner or medical examiner's designee
218 determines Ĥ→ :
218a (i) the request violates Subsection (3)(c); or
218b (ii) ←Ĥ the cause of death can be determined without performing an autopsy.
219 Section 4. Section 26-4-14 is amended to read:
220 26-4-14. Certification of death by attending health care professional -- Deaths
221 without medical attendance -- Cause of death uncertain -- Notice requirements.
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229 (1) (a) A health care professional who treats or examines an individual within 365 days
230 from the day on which the individual dies, shall certify the individual's cause of death to the
231 best of the health care professional's knowledge and belief unless the health care professional
232 determines the individual may have died in a manner described in Section 26-4-7.
233 (b) If a health care professional is unable to determine an individual's cause of death in
234 accordance with Subsection (1)(a), the health care professional shall notify the medical
235 examiner.
236 (2) For an unattended death, the person with custody of the body shall notify the
237 medical examiner of the death.
238 (3) If the medical examiner [
239 responsibility for [
240 (a) the district attorney or county attorney [
241 (b) the head of the law enforcement agency [
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