26B-8-121.  Certificate of death — Registration prerequisite to interment — Burial-transit permits — Procedure where body donated under anatomical gift law — Permit for disinterment.

(1) 

Terms Used In Utah Code 26B-8-121

  • Contract: A legal written agreement that becomes binding when signed.
  • 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):
(a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery; and
(b) that was not born alive. See Utah Code 26B-8-101
  • Fetal remains: means :
    (a) an aborted fetus as that term is defined in Section 26B-2-232; or
    (b) a miscarried fetus as that term is defined in Section 26B-2-233. 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Health care facility: means the same as that term is defined in Section 26B-2-201. 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 :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
  • Statute: A law passed by a legislature.
    • (a)  A dead body or dead fetus may not be interred or otherwise disposed of or removed from the registration district in which death or fetal death occurred or the remains are found until a certificate of death is registered.

    (b)  Subsection (1)(a) does not apply to fetal remains for a fetus that is less than 20 weeks in gestational age.

    • (2) 

    (a)  For deaths or fetal deaths which occur in this state, no burial-transit permit is required for final disposition of the remains if:

    (i)  disposition occurs in the state and is performed by a funeral service director; or

    (ii)  the disposition takes place with authorization of the next of kin and in:

    (A)  a general acute hospital as defined in Section 26B-2-201, that is licensed by the department; or

    (B)  in a pathology laboratory operated under contract with a general acute hospital licensed by the department.

    (b)  For an abortion or miscarriage that occurs at a health care facility, no burial-transit permit is required for final disposition of the fetal remains if:

    (i)  disposition occurs in the state and is performed by a funeral service director; or

    (ii)  the disposition takes place:

    (A)  with authorization of the parent of a miscarried fetus or the pregnant woman for an aborted fetus; and

    (B)  in a general acute hospital as defined in Section 26B-2-201, or a pathology laboratory operated under contract with a general acute hospital.

    (3) 

    (a)  A burial-transit permit shall be issued by the local registrar of the district where the certificate of death or fetal death is registered:

    (i)  for a dead body or a dead fetus to be transported out of the state for final disposition; or

    (ii)  when disposition of the dead body or dead fetus is made by a person other than a funeral service director.

    (b)  For fetal remains that are less than 20 weeks in gestational age, a burial-transit permit shall be issued by the local registrar of the district where the health care facility that is in possession of the fetal remains is located:

    (i)  for the fetal remains to be transported out of the state for final disposition; or

    (ii)  when disposition of the fetal remains is made by a person other than a funeral service director.

    (c)  A local registrar issuing a burial-transit permit issued under Subsection (3)(b):

    (i)  may not require an individual to designate a name for the fetal remains; and

    (ii)  may leave the space for a name on the burial-transit permit blank; and

    (d)  shall redact from any public records maintained under this part any information:

    (i)  that is submitted under Subsection (3)(c); and

    (ii)  that may be used to identify the parent or pregnant woman.

    (4)  A burial-transit permit issued under the law of another state which accompanies a dead body, dead fetus, or fetal remains brought into this state is authority for final disposition of the dead body, dead fetus, or fetal remains in this state.

    (5)  When a dead body or dead fetus or any part of the dead body or dead fetus has been donated under 3, or similar laws of another state and the preservation of the gift requires the immediate transportation of the dead body, dead fetus, or any part of the body or fetus outside of the registration district in which death occurs or the remains are found, or into this state from another state, the dead body or dead fetus or any part of the body or fetus may be transported and the burial-transit permit required by this section obtained within a reasonable time after transportation.

    (6)  A permit for disinterment and reinterment is required prior to disinterment of a dead body, dead fetus, or fetal remains, except as otherwise provided by statute or department rule.

    Renumbered and Amended by Chapter 306, 2023 General Session

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