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2021 Utah Code
Title 26 - Utah Health Code
Chapter 4 - Utah Medical Examiner Act
Section 9 - Custody of dead body and personal effects -- Examination of scene of death -- Preservation of body -- Autopsies.
Universal Citation: UT Code § 26-4-9 (2021)
Effective 5/5/2021
26-4-9. Custody of dead body and personal effects -- Examination of scene of death -- Preservation of body -- Autopsies.
Amended by Chapter 297, 2021 General Session
26-4-9. Custody of dead body and personal effects -- Examination of scene of death -- Preservation of body -- Autopsies.
- (1)
- (a) Upon notification of a death under Section 26-4-8, the medical examiner shall assume custody of the deceased body, clothing on the body, biological samples taken, and any article on or near the body which may aid the medical examiner in determining the cause of death except those articles which will assist the investigative agency to proceed without delay with the investigation.
- (b) In all cases the scene of the event may not be disturbed until authorization is given by the senior ranking peace officer from the law enforcement agency having jurisdiction of the case and conducting the investigation.
- (c) Where death appears to have occurred under circumstances listed in Section 26-4-7, the person or persons finding or having custody of the body, or jurisdiction over the investigation of the death, shall take reasonable precautions to preserve the body and body fluids so that minimum deterioration takes place.
- (d) A person may not move a body in the custody of the medical examiner unless:
- (i) the medical examiner, or district attorney or county attorney that has criminal jurisdiction, authorizes the person to move the body;
- (ii) a designee of an individual listed in Subsection (1)(d) authorizes the person to move the body;
- (iii) not moving the body would be an affront to public decency or impractical; or
- (iv) the medical examiner determines the cause of death is likely due to natural causes.
- (e) The body can under direction of the medical examiner or the medical examiner's designee be moved to a place specified by the medical examiner or the medical examiner's designee.
- (2)
- (a) If the medical examiner has custody of a body, a person may not clean or embalm the body without first obtaining the medical examiner's permission.
- (b) An intentional or knowing violation of Subsection (2)(a) is a class B misdemeanor.
- (3)
- (a) When the medical examiner assumes lawful custody of a body under Subsection 26-4-7(3) solely because the death was unattended, an autopsy may not be performed unless requested by the district attorney, county attorney having criminal jurisdiction, or law enforcement agency having jurisdiction of the place where the body is found.
- (b) The county attorney or district attorney and law enforcement agency having jurisdiction shall consult with the medical examiner to determine the need for an autopsy.
- (c) If the deceased chose not to be seen or treated by a health care professional for a spiritual or religious reason, a district attorney, county attorney, or law enforcement agency, may not request an autopsy or inquest under Subsection (3)(a) solely because of the deceased's choice.
- (d) The medical examiner or medical examiner's designee may not conduct a requested autopsy described in Subsection (3)(a) if the medical examiner or medical examiner's designee determines:
- (i) the request violates Subsection (3)(c); or
- (ii) the cause of death can be determined without performing an autopsy.
Amended by Chapter 297, 2021 General Session
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