26B-8-103.  Content and form of certificates and reports.

(1)  As used in this section:

Terms Used In Utah Code 26B-8-103

  • Office: means the Office of Vital Records and Statistics within the department. See Utah Code 26B-8-101
  • 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
  • Vital records: means :
(a) registered certificates or reports of birth, death, fetal death, marriage, divorce, dissolution of marriage, or annulment;
(b) amendments to any of the registered certificates or reports described in Subsection (24)(a);
(c) an adoption document; and
(d) other similar documents. See Utah Code 26B-8-101
  • Vital statistics: means the data derived from registered certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment. See Utah Code 26B-8-101
  • (a)  “Additional information” means information that is beyond the information necessary to comply with federal standards or state law for registering a birth.

    (b)  “Diacritical mark” means a mark on a letter from the ISO basic Latin alphabet used to indicate a special pronunciation.

    (c)  “Diacritical mark” includes accents, tildes, graves, umlauts, and cedillas.

    (2)  Except as provided in Subsection (8), to promote and maintain nationwide uniformity in the vital records system, the forms of certificates, certification, reports, and other documents and records required by this part or the rules implementing this part shall include as a minimum the items recommended by the federal agency responsible for national vital statistics, subject to approval, additions, and modifications by the department.

    (3)  Certificates, certifications, forms, reports, other documents and records, and the form of communications between persons required by this part shall be prepared in the format prescribed by department rule.

    (4)  All vital records shall include the date of filing.

    (5)  Certificates, certifications, forms, reports, other documents and records, and communications between persons required by this part may be signed, filed, verified, registered, and stored by photographic, electronic, or other means as prescribed by department rule.

    (6) 

    (a)  An individual may use a diacritical mark in an application for a vital record.

    (b)  The office shall record a diacritical mark on a vital record as indicated on the application for the vital record.

    (7)  The absence of a diacritical mark on a vital record does not render the document invalid or affect any constructive notice imparted by proper recordation of the document.

    (8) 

    (a)  The state:

    (i)  may collect the Social Security number of a deceased individual; and

    (ii)  may not include the Social Security number of an individual on a certificate of death.

    (b)  For registering a birth, the department may not require an individual to provide additional information.

    (c)  The department may request additional information if the department provides a written statement that:

    (i)  discloses that providing the additional information is voluntary;

    (ii)  discloses how the additional information will be used and the duration of use;

    (iii)  describes how the department prevents the additional information from being used in a manner different from the disclosure given under Subsection (8)(c)(ii); and

    (iv)  includes a notice that the individual is consenting to the department’s use of the additional information by providing the additional information.

    (d) 

    (i)  Beginning July 1, 2022, an individual may submit a written request to the department to de-identify the individual’s additional information contained in the department’s databases.

    (ii)  Upon receiving the written request, the department shall de-identify the additional information.

    (e)  The department shall de-identify additional information contained in the department’s databases before the additional information is held by the department for longer than six years.

    Renumbered and Amended by Chapter 306, 2023 General Session