2006 Utah Code - 26-2-13 — Certificate of death -- Execution and registration requirements.

     26-2-13.   Certificate of death -- Execution and registration requirements.
     (1) (a) A certificate of death for each death which 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.
     (b) A certificate of death shall be registered if it is completed and filed in accordance with this chapter.
     (2) (a) If the place of death is unknown but the dead body is found in this state, the certificate of death shall be completed and filed in accordance with this section.
     (b) The place where the dead body is found shall be shown as the place of death.
     (c) If the date of death is unknown, the date shall be determined by approximation.
     (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:
     (i) the certificate of death shall be filed with:
     (A) the local registrar of the district where the decedent is removed; or
     (B) a person designated by the state registrar; and
     (ii) the place where the decedent is removed shall be considered the place of death.
     (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:
     (i) the certificate of death shall be filed with:
     (A) the local registrar of the district where the decedent is removed; or
     (B) a person designated by the state registrar; and
     (ii) the certificate of death shall show the actual place of death to the extent it can be determined.
     (4) (a) The custodial funeral service director shall sign the certificate of death.
     (b) The custodial funeral service director or an agent of the custodial funeral service director shall:
     (i) file the certificate of death prior to any disposition of a dead body or fetus; and
     (ii) obtain the decedent's personal data from the next of kin or the best qualified person or source available.
     (5) (a) The medical section of the certificate of death shall be completed, signed, and returned to the funeral service director within 72 hours after death by the physician who was in charge of the decedent's care for the illness or condition which resulted in death, except when inquiry is required by Title 26, Chapter 4, Utah Medical Examiner Act.
     (b) In the absence of the physician or with the physician'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, provided the person has access to the medical history of the case, views the decedent at or after death, and death is not due to causes required to be investigated by the medical examiner.
     (6) When death occurs more than 30 days after the decedent was last treated by a physician, 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 Title 26, Chapter 4, Utah Medical Examiner Act, 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.

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     (8) If the cause of death cannot be determined within 72 hours after death:
     (a) the medical section of the certificate of death shall be completed as provided by department rule;
     (b) the attending physician or medical examiner shall give the funeral service director notice of the reason for the delay; and
     (c) final disposition of the decedent may not be made until authorized by the attending physician or medical examiner.
     (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 district court.
     (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.
     (c) A certificate of death prepared under Subsection (9)(a) shall:
     (i) show the date of registration; and
     (ii) identify the court and date of the order.

Amended by Chapter 56, 2006 General Session