Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 493 (2025GS)

Sponsor

Rep. Ward, Raymond P.

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends provisions related to death certificates;
• amends provisions related to permits to render a dead body unavailable for postmortem investigation; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

6
26B-8-114
26B-8-230
0
Medical Examiner Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor: Keven J. Stratton
LONG TITLE
General Description:
This bill amends provisions related to the medical examiner.
Highlighted Provisions:
This bill:
amends provisions related to death certificates;
amends provisions related to permits to render a dead body unavailable for postmortem 
investigation; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
26B-8-114
, as last amended by Laws of Utah 2024, Chapter 280
26B-8-230
, as renumbered and amended by Laws of Utah 2023, Chapter 306
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-8-114
 is amended to read:
26B-8-114
. Certificate of death -- Execution and registration requirements -- 
Information provided to lieutenant governor.
(1)
(a)
A certificate of death for each death that 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 the certificate of death is completed and 
filed in accordance with this part.
(2)
(a)
If the place of death is unknown but the dead body is found in this state:
(i)
the certificate of death shall be completed and filed in accordance with this 
section; and
(ii)
the place where the dead body is found shall be shown as the place of death.
(b)
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)
Subject to Subsections (4)(d) and (10), a custodial funeral service director or, if a 
funeral service director is not retained, a dispositioner shall sign the certificate of 
death.
(b)
The custodial funeral service director, an agent of the custodial funeral service 
director, or, if a funeral service director is not retained, a dispositioner 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, including the decedent's social security number, if 
known.
(c)
The certificate of death may not include the decedent's social security number.
(d)
A dispositioner may not sign a certificate of death, unless the signature is witnessed 
by the state registrar or a local registrar.
(5)
(a)
Except as provided in Section 
26B-8-115
 or when inquiry is required by Part 2, 
Utah Medical Examiner, a health care professional who was in charge of the 
decedent's care for the illness or condition which resulted in death shall complete, 
sign, and return the medical section of the certificate of death within three business 
days from the day on which the death occurred to:
(i)
the funeral service director; or
(ii)
if a funeral service director is not retained, a dispositioner.
(b)
In the absence of the health care professional or with the health care professional'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, if:
(i)
the person has access to the medical history of the case;
(ii)
the person views the decedent at or after death; and
(iii)
the death is not due to causes required to be investigated by the medical 
examiner.
(c)
When completing the immediate cause of death section of a certificate of death, a 
health care professional may indicate that the immediate cause of death is unknown if 
the immediate cause of death is unknown.
(d)
The department shall create instructions for completing a certificate of death that 
inform a health care professional that the heath care professional may indicate that 
the immediate cause of death is unknown in accordance with Subsection (5)(c).
(e)
(i)
The department shall develop and maintain an online system that allows the 
health care professional that is required to complete the death certificate to 
complete a death certificate online.
(ii)
The online system described in Subsection 
(5)
(e)(i) shall:
(A)
allow a health care professional completing a death certificate to choose a 
diagnoses for the cause of death from a list of commonly used International 
Classification of Diseases codes or a similar system of medical diagnoses 
codes;
(B)
notify the health care professional in real time whether the completed death 
certificate will be considered complete and correct or whether the medical 
examiner may need to review the death certificate;
(C)
if the death certificate is filled out in a manner that requires further review by 
the medical examiner, provide information to the health care provider 
indicating which portions of the death certificate may require further review; 
and
(D)
if the death certificate requires further review, notify the health care provider 
in real time that the family may be subject to a fee described in Section 
26B-8-230
 if the family chooses to cremate or otherwise make the body 
unavailable for postmortem investigation and the amount of the fee that the 
family of the decedent may need to pay.
(6)
When death occurs more than 365 days after the day on which the decedent was last 
treated by a health care professional, 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 Part 2, Utah Medical Examiner, 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.
(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 health care professional or medical examiner shall give the funeral 
service director, or, if a funeral service director is not retained, a dispositioner, notice 
of the reason for the delay; and
(c)
final disposition of the decedent may not be made until authorized by the attending 
health care professional 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 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 the date of the order.
(10)
It is unlawful for a dispositioner to charge for or accept any remuneration for:
(a)
signing a certificate of death; or
(b)
performing any other duty of a dispositioner, as described in this section.
(11)
The state registrar shall, within five business days after the day on which the state 
registrar or local registrar registers a certificate of death for a Utah resident, inform the 
lieutenant governor of:
(a)
the decedent's name, last known residential address, date of birth, and date of death; 
and
(b)
any other information requested by the lieutenant governor to assist the county clerk 
in identifying the decedent for the purpose of removing the decedent from the official 
register of voters.
(12)
The lieutenant governor shall, within one business day after the day on which the 
lieutenant governor receives the information described in Subsection (11), provide the 
information to the county clerks.
Section 2, Section 
26B-8-230
 is amended to read:
26B-8-230
. Application for permit to render a dead body unavailable for 
postmortem investigation -- Medical examiner review fee.
(1)
Upon receiving an application by a person for a permit to render a dead body 
unavailable for postmortem investigation, the medical examiner shall 
review the 
application to 
determine whether:
(a)
the person is authorized by law to render the dead body unavailable for postmortem 
investigation in the manner specified in the application;
 and
(b)
the death certificate is complete and correct; and
(b)
(c)
there is a need to delay any action that will render the dead body unavailable for 
postmortem investigation until a postmortem investigation or an autopsy of the dead 
body is performed by the medical examiner.
(2)
The medical examiner shall automatically issue a permit to render a dead body 
unavailable for postmortem investigation if:
(a)
the person requesting the permit is authorized to render the dead body unavailable for 
postmortem investigation in the manner specified in the application;
(b)
the death certificate is complete and correct;
(c)
the death does not fall under the jurisdiction of the medical examiner as described in 
Section 
26B-8-205
; and
(d)
an autopsy authorized by Section 
26B-8-213
 or 
26B-8-224
 is not needed.
(2)
(3)
Except as provided in Subsection 
(4)
(5)
, within three days after receiving an 
application described in Subsection 
(1)
, the medical examiner shall:
(a)
make the determinations described in Subsection 
(1)
; and
(b)
(i)
issue a permit to render the dead body unavailable for postmortem investigation 
in the manner specified in the application; or
(ii)
deny the permit.
(3)
(4)
The medical examiner may deny a permit to render a dead body unavailable for 
postmortem investigation only if:
(a)
the applicant is not authorized by law to render the dead body unavailable for 
postmortem investigation in the manner specified in the application;
(b)
the medical examiner determines that there is a need to delay any action that will 
render the dead body unavailable for postmortem investigation; or
(c)
the applicant fails to pay the fee described in Subsection 
(5)
(6)
.
(4)
(5)
If the medical examiner cannot in good faith make the determinations described in 
Subsection 
(1)
 within three days after receiving an application described in Subsection 
(1)
, the medical examiner shall notify the applicant:
(a)
that more time is needed to make the determinations described in Subsection 
(1)
; and
(b)
of the estimated amount of time needed before the determinations described in 
Subsection 
(1)
 can be made.
(5)
(6)
The medical examiner may charge a fee, 
pursuant to
set in accordance with
Section 
63J-1-504
, to recover the costs of fulfilling the duties of the medical examiner 
described in this section.
Section 3. 
Effective Date.
This bill takes effect on 
January 1, 2026
.
3-12-25 11:09 AM