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7 LONG TITLE
8 General Description:
9 This bill addresses the transport of fetal remains.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms; and
13 ▸ makes it a class B misdemeanor to transport outside the state, or arrange for
14 transport outside the state, fetal remains aborted or miscarried in the state, for any
15 purpose other than burial.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 26-2-17, as last amended by Laws of Utah 2020, Chapter 251
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 26-2-17 is amended to read:
26 26-2-17. Certificate of death -- Registration prerequisite to interment --
27 Burial-transit permits -- Procedure where body donated under anatomical gift law --
28 Permit for disinterment -- Unlawful transport of fetus.
29 (1) (a) A dead body or dead fetus may not be interred or otherwise disposed of or
30 removed from the registration district in which death or fetal death occurred or the remains are
31 found until a certificate of death is registered.
32 (b) Subsection (1)(a) does not apply to fetal remains for a fetus that is less than 20
33 weeks in gestational age.
34 (2) (a) For deaths or fetal deaths which occur in this state, no burial-transit permit is
35 required for final disposition of the remains if:
36 (i) disposition occurs in the state and is performed by a funeral service director; or
37 (ii) the disposition takes place with authorization of the next of kin and in:
38 (A) a general acute hospital as that term is defined in Section 26-21-2, that is licensed
39 by the department; or
40 (B) in a pathology laboratory operated under contract with a general acute hospital
41 licensed by the department.
42 (b) For an abortion or miscarriage that occurs at a health care facility, no burial-transit
43 permit is required for final disposition of the fetal remains if:
44 (i) disposition occurs in the state and is performed by a funeral service director; or
45 (ii) the disposition takes place:
46 (A) with authorization of the parent of a miscarried fetus or the pregnant woman for an
47 aborted fetus; and
48 (B) in a general acute hospital as that term is defined in Section 26-21-2, or a pathology
49 laboratory operated under contract with a general acute hospital.
50 (3) (a) A burial-transit permit shall be issued by the local registrar of the district where
51 the certificate of death or fetal death is registered:
52 (i) for a dead body or a dead fetus to be transported out of the state for final
53 disposition; or
54 (ii) when disposition of the dead body or dead fetus is made by a person other than a
55 funeral service director.
56 (b) For fetal remains that are less than 20 weeks in gestational age, a burial-transit
57 permit shall be issued by the local registrar of the district where the health care facility that is in
58 possession of the fetal remains is located:
59 (i) for the fetal remains to be transported out of the state for final disposition; or
60 (ii) when disposition of the fetal remains is made by a person other than a funeral
61 service director.
62 (c) A local registrar issuing a burial-transit permit issued under Subsection (3)(b):
63 (i) may not require an individual to designate a name for the fetal remains; and
64 (ii) may leave the space for a name on the burial-transit permit blank; and
65 (d) shall redact from any public records maintained under this chapter any information:
66 (i) that is submitted under Subsection (3)(c); and
67 (ii) that may be used to identify the parent or pregnant woman.
68 (4) A burial-transit permit issued under the law of another state which accompanies a
69 dead body, dead fetus, or fetal remains brought into this state is authority for final disposition
70 of the dead body, dead fetus, or fetal remains in this state.
71 (5) When a dead body or dead fetus or any part of the dead body or dead fetus has been
72 donated under the Revised Uniform Anatomical Gift Act or similar laws of another state and
73 the preservation of the gift requires the immediate transportation of the dead body, dead fetus,
74 or any part of the body or fetus outside of the registration district in which death occurs or the
75 remains are found, or into this state from another state, the dead body or dead fetus or any part
76 of the body or fetus may be transported and the burial-transit permit required by this section
77 obtained within a reasonable time after transportation.
78 (6) A permit for disinterment and reinterment is required prior to disinterment of a
79 dead body, dead fetus, or fetal remains, except as otherwise provided by statute or department
80 rule.
81 (7) (a) As used in this Subsection (7):
82 (i) "Aborted" means that a fetus has died from an abortion as that term is defined in
83 Section 76-7-301.
84 (ii) "Fetus" means a product of human conception, regardless of gestational age.
85 (iii) "Miscarried" means that a fetus has died from a spontaneous or accidental death
86 before expulsion or extraction from the mother, regardless of the duration of the pregnancy.
87 (b) It is unlawful to transport outside of the state, or arrange for transport outside of the
88 state, fetal remains that are aborted or miscarried in the state, except for the sole purpose of
89 burial.
90 (c) A violation of Subsection (7)(b) is a class B misdemeanor.