26B-8-214.  Certification of death by attending health care professional — Deaths without medical attendance — Cause of death uncertain — Notice requirements.

(1) 

Terms Used In Utah Code 26B-8-214

  • Health care professional: means any of the following while acting in a professional capacity:
(a) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(b) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act; or
(c) an advance practice registered nurse licensed under Subsection 58-31b-301(2)(e). See Utah Code 26B-8-201
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Medical examiner: means the state medical examiner appointed pursuant to Section 26B-8-202 or a deputy appointed by the medical examiner. See Utah Code 26B-8-201
  • Person: means :Utah Code 68-3-12.5
  • Unattended death: means a death that occurs more than 365 days after the day on which a health care professional examined or treated the deceased individual for any purpose, including writing a prescription. See Utah Code 26B-8-201
  • (a)  A health care professional who treats or examines an individual within 365 days from the day on which the individual dies, shall certify the individual’s cause of death to the best of the health care professional’s knowledge and belief unless the health care professional determines the individual may have died in a manner described in Section 26B-8-205.

    (b)  If a health care professional is unable to determine an individual’s cause of death in accordance with Subsection (1)(a), the health care professional shall notify the medical examiner.

    (2)  For an unattended death, the person with custody of the body shall notify the medical examiner of the death.

    (3)  If the medical examiner determines there may be criminal responsibility for a death, the medical examiner shall notify:

    (a)  the district attorney or county attorney that has criminal jurisdiction; or

    (b)  the head of the law enforcement agency that has jurisdiction to investigate the death.

    Renumbered and Amended by Chapter 306, 2023 General Session