Utah Code 26B-8-114. Certificate of death — Execution and registration requirements — Information provided to lieutenant governor

(1)

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Terms Used In Utah Code 26B-8-114

Custodial funeral service director: means a funeral service director who:
(4)(a) is employed by a licensed funeral establishment; and
(4)(b) has custody of a dead body. See Utah Code 26B-8-101
Dead body: means a human body or parts of a human body from the condition of which it reasonably may be concluded that death occurred. See Utah Code 26B-8-101
Decedent: A deceased person.
Decedent: means the same as a dead body. See Utah Code 26B-8-101
Dispositioner: means :
     (9)(a) a person designated in a written instrument, under Subsection 58-9-602(1), as having the right and duty to control the disposition of the decedent, if the person voluntarily acts as the dispositioner; or
     (9)(b) the next of kin of the decedent, if:
          (9)(b)(i)
               (9)(b)(i)(A) a person has not been designated as described in Subsection (9)(a); or
               (9)(b)(i)(B) the person described in Subsection (9)(a) is unable or unwilling to exercise the right and duty described in Subsection (9)(a); and
          (9)(b)(ii) the next of kin voluntarily acts as the dispositioner. See Utah Code 26B-8-101
File: means the submission of a completed certificate or other similar document, record, or report as provided under this part for registration by the state registrar or a local registrar. See Utah Code 26B-8-101
Funeral service director: means the same as that term is defined in Section 58-9-102. See Utah Code 26B-8-101
Health care professional: means a physician, physician assistant, nurse practitioner, or certified nurse midwife. See Utah Code 26B-8-101
Local registrar: means a person appointed under Subsection 26B-8-102(3)(b). See Utah Code 26B-8-101
Person: means :
     (24)(a) an individual;
     (24)(b) an association;
     (24)(c) an institution;
     (24)(d) a corporation;
     (24)(e) a company;
     (24)(f) a trust;
     (24)(g) a limited liability company;
     (24)(h) a partnership;
     (24)(i) a political subdivision;
     (24)(j) a government office, department, division, bureau, or other body of government; and
     (24)(k) any other organization or entity. See Utah Code 68-3-12.5
Physician: means a person licensed to practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-8-101
register: means acceptance by the local or state registrar of a certificate and incorporation of the certificate into the permanent records of the state. See Utah Code 26B-8-101
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State registrar: means the state registrar of vital records appointed under Section 26B-8-102. See Utah Code 26B-8-101
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(1)(a) A certificate of death for each death that occurs in this state shall be filed with the local registrar of the district in which the death occurs, or as otherwise directed by the state registrar, within five days after death and prior to the decedent‘s interment, any other disposal, or removal from the registration district where the death occurred.

(1)(b) A certificate of death shall be registered if the certificate of death is completed and filed in accordance with this part.

(2)

(2)(a) If the place of death is unknown but the dead body is found in this state:

(2)(a)(i) the certificate of death shall be completed and filed in accordance with this section; and

(2)(a)(ii) the place where the dead body is found shall be shown as the place of death.

(2)(b) If the date of death is unknown, the date shall be determined by approximation.

(3)

(3)(a) When death occurs in a moving conveyance in the United States and the decedent is first removed from the conveyance in this state:

(3)(a)(i) the certificate of death shall be filed with:

(3)(a)(i)(A) the local registrar of the district where the decedent is removed; or

(3)(a)(i)(B) a person designated by the state registrar; and

(3)(a)(ii) the place where the decedent is removed shall be considered the place of death.

(3)(b) When a death occurs on a moving conveyance outside the United States and the decedent is first removed from the conveyance in this state:

(3)(b)(i) the certificate of death shall be filed with:

(3)(b)(i)(A) the local registrar of the district where the decedent is removed; or

(3)(b)(i)(B) a person designated by the state registrar; and

(3)(b)(ii) the certificate of death shall show the actual place of death to the extent it can be determined.

(4)

(4)(a) Subject to Subsections (4)(d) and (10), a custodial funeral service director or, if a funeral service director is not retained, a dispositioner shall sign the certificate of death.

(4)(b) The custodial funeral service director, an agent of the custodial funeral service director, or, if a funeral service director is not retained, a dispositioner shall:

(4)(b)(i) file the certificate of death prior to any disposition of a dead body or fetus; and

(4)(b)(ii) obtain the decedent’s personal data from the next of kin or the best qualified person or source available, including the decedent’s social security number, if known.

(4)(c) The certificate of death may not include the decedent’s social security number.

(4)(d) A dispositioner may not sign a certificate of death, unless the signature is witnessed by the state registrar or a local registrar.

(5)

(5)(a) Except as provided in Section 26B-8-115 or when inquiry is required by Part 2, Utah Medical Examiner, a health care professional who was in charge of the decedent’s care for the illness or condition which resulted in death shall complete, sign, and return the medical section of the certificate of death within three business days from the day on which the death occurred to:

(5)(a)(i) the funeral service director; or

(5)(a)(ii) if a funeral service director is not retained, a dispositioner.

(5)(b) In the absence of the health care professional or with the health care professional’s approval, the certificate of death may be completed and signed by an associate physician, the chief medical officer of the institution in which death occurred, or a physician who performed an autopsy upon the decedent, if:

(5)(b)(i) the person has access to the medical history of the case;

(5)(b)(ii) the person views the decedent at or after death; and

(5)(b)(iii) the death is not due to causes required to be investigated by the medical examiner.

(5)(c) When completing the immediate cause of death section of a certificate of death, a health care professional may indicate that the immediate cause of death is unknown if the immediate cause of death is unknown.

(5)(d) The department shall create instructions for completing a certificate of death that inform a health care professional that the heath care professional may indicate that the immediate cause of death is unknown in accordance with Subsection (5)(c).

(6) When death occurs more than 365 days after the day on which the decedent was last treated by a health care professional, the case shall be referred to the medical examiner for investigation to determine and certify the cause, date, and place of death.

(7) When inquiry is required by Part 2, Utah Medical Examiner, the medical examiner shall make an investigation and complete and sign the medical section of the certificate of death within 72 hours after taking charge of the case.

(8) If the cause of death cannot be determined within 72 hours after death:

(8)(a) the medical section of the certificate of death shall be completed as provided by department rule;

(8)(b) the attending health care professional or medical examiner shall give the funeral service director, or, if a funeral service director is not retained, a dispositioner, notice of the reason for the delay; and

(8)(c) final disposition of the decedent may not be made until authorized by the attending health care professional or medical examiner.

(9)

(9)(a) When a death is presumed to have occurred within this state but the dead body cannot be located, a certificate of death may be prepared by the state registrar upon receipt of an order of a Utah court.

(9)(b) The order described in Subsection (9)(a) shall include a finding of fact stating the name of the decedent, the date of death, and the place of death.

(9)(c) A certificate of death prepared under Subsection (9)(a) shall:

(9)(c)(i) show the date of registration; and

(9)(c)(ii) identify the court and the date of the order.

(10) It is unlawful for a dispositioner to charge for or accept any remuneration for:

(10)(a) signing a certificate of death; or

(10)(b) performing any other duty of a dispositioner, as described in this section.

(11) The state registrar shall, within five business days after the day on which the state registrar or local registrar registers a certificate of death for a Utah resident, inform the lieutenant governor of:

(11)(a) the decedent’s name, last known residential address, date of birth, and date of death; and

(11)(b) any other information requested by the lieutenant governor to assist the county clerk in identifying the decedent for the purpose of removing the decedent from the official register of voters.

(12) The lieutenant governor shall, within one business day after the day on which the lieutenant governor receives the information described in Subsection (11), provide the information to the county clerks.

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