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2020 Utah Code
Title 26 - Utah Health Code
Chapter 2 - Utah Vital Statistics Act
Section 2 - Definitions.
Universal Citation: UT Code § 26-2-2 (2020)
Effective 5/12/2020
26-2-2. Definitions.
As used in this chapter:
Amended by Chapter 251, 2020 General Session
26-2-2. Definitions.
As used in this chapter:
- (1) "Adoption document" means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate.
- (2) "Custodial funeral service director" means a funeral service director who:
- (a) is employed by a licensed funeral establishment; and
- (b) has custody of a dead body.
- (3) "Dead body" or "decedent" means a human body or parts of the human body from the condition of which it reasonably may be concluded that death occurred.
- (4) "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.
- (5) "Declarant father" means a male who claims to be the genetic father of a child, and, along with the biological mother, signs a voluntary declaration of paternity to establish the child's paternity.
- (6) "Dispositioner" means:
- (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
- (b) the next of kin of the decedent, if:
- (i)
- (A) a person has not been designated as described in Subsection (6)(a); or
- (B) the person described in Subsection (6)(a) is unable or unwilling to exercise the right and duty described in Subsection (6)(a); and
- (ii) the next of kin voluntarily acts as the dispositioner.
- (i)
- (7) "Fetal remains" means:
- (a) an aborted fetus as that term is defined in Section 26-21-33; or
- (b) a miscarried fetus as that term is defined in Section 26-21-34.
- (8) "File" means the submission of a completed certificate or other similar document, record, or report as provided under this chapter for registration by the state registrar or a local registrar.
- (9) "Funeral service director" means the same as that term is defined in Section 58-9-102.
- (10) "Health care facility" means the same as that term is defined in Section 26-21-2.
- (11) "Health care professional" means a physician, physician assistant, or nurse practitioner.
- (12) "Licensed funeral establishment" means:
- (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
- (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.
- (13) "Live birth" means the birth of a child who shows evidence of life after the child is entirely outside of the mother.
- (14) "Local registrar" means a person appointed under Subsection 26-2-3(3)(b).
- (15) "Nurse practitioner" means an individual who:
- (a) is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act; and
- (b) has completed an education program regarding the completion of a certificate of death developed by the department by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
- (16) "Office" means the Office of Vital Records and Statistics within the Department of Health, operating under Title 26, Chapter 2, Utah Vital Statistics Act.
- (17) "Physician" means a person licensed to practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
- (18) "Physician assistant" means an individual who:
- (a) is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act; and
- (b) has completed an education program regarding the completion of a certificate of death developed by the department by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
- (19) "Presumed father" means the father of a child conceived or born during a marriage as defined in Section 30-1-17.2.
- (20) "Registration" or "register" means acceptance by the local or state registrar of a certificate and incorporation of the certificate into the permanent records of the state.
- (21) "State registrar" means the state registrar of vital records appointed under Subsection 26-2-3(2)(e).
- (22) "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 (22)(a);
- (c) an adoption document; and
- (d) other similar documents.
- (23) "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.
Amended by Chapter 251, 2020 General Session
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