Utah Code 26B-8-120. Certificate of death — Duties of a custodial funeral service director, an agent of a funeral service director, or a dispositioner — Medical certification — Records of funeral service director or dispositioner — Information fi…
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(1) The custodial funeral service director or, if a funeral service director is not retained, a dispositioner shall sign the certificate of death prior to any disposition of a dead body or dead fetus.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 26B-8-120
- 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
- Dead fetus: means a product of human conception, other than those circumstances described in Subsection 76-7-301(1):
(7)(a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery; and(7)(b) that was not born alive. 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
- Licensed funeral establishment: means :
(16)(a) if located in Utah, a funeral service establishment, as that term is defined in Section 58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act; or(16)(b) if located in a state, district, or territory of the United States other than Utah, a funeral service establishment that complies with the licensing laws of the jurisdiction where the establishment is located. 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
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- 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- 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
(2) 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:(2)(a) obtain personal and statistical information regarding the decedent from the available persons best qualified to provide the information;(2)(b) present the certificate of death to the attending health care professional, if any, or to the medical examiner who shall certify the cause of death and other information required on the certificate of death;(2)(c) provide the address of the custodial funeral service director or, if a funeral service director is not retained, a dispositioner;(2)(d) certify the date and place of burial; and(2)(e) file the certificate of death with the state or local registrar.(3) A funeral service director, dispositioner, embalmer, or other person who removes a dead body or dead fetus from the place of death or transports or is in charge of final disposal of a dead body or dead fetus, shall keep a record identifying the dead body or dead fetus, and containing information pertaining to receipt, removal, and delivery of the dead body or dead fetus as prescribed by department rule.(4)(4)(a) Not later than the tenth day of each month, every licensed funeral service establishment shall send to the local registrar and the department a list of the information required in Subsection (3) for each casket furnished and for funerals performed when no casket was furnished, during the preceding month.(4)(b) The list described in Subsection (4)(a) shall be in the form prescribed by the state registrar.(5) Any person who intentionally signs the portion of a certificate of death that is required to be signed by a funeral service director or a dispositioner under Subsection (1) is guilty of a class B misdemeanor, unless the person:(5)(a)(5)(a)(i) is a funeral service director; and(5)(a)(ii) is employed by a licensed funeral establishment; or(5)(b) is a dispositioner, if a funeral service director is not retained.(6) The state registrar shall post information on the state registrar’s website, providing instructions to a dispositioner for complying with the requirements of law relating to the dispositioner’s responsibilities for:(6)(a) completing and filing a certificate of death; and(6)(b) possessing, transporting, and disposing of a dead body or dead fetus.(7) The provisions of this part shall be construed to avoid interference, to the fullest extent possible, with the ceremonies, customs, rites, or beliefs of the decedent and the decedent’s next of kin for disposing of a dead body or dead fetus.