26-2-16 - Certificate of death -- Duties of a custodial funeral service director, an agent of a funeral service director, or a dispositioner -- Medical certification -- Records of funeral service dir
26-2-16. Certificate of death -- Duties of a custodial funeral service director, an agent of a funeral service director, or a dispositioner -- Medical certification -- Records offuneral service director or dispositioner -- Information filed with local registrar -- Unlawfulsigning of certificate of death.
(1) The custodial funeral service director or, if a funeral service director is not retained, adispositioner shall sign the certificate of death prior to any disposition of a dead body or deadfetus.
(2) The custodial funeral service director, an agent of the custodial funeral servicedirector, or, if a funeral service director is not retained, a dispositioner shall:
(a) obtain personal and statistical information regarding the decedent from the availablepersons best qualified to provide the information;
(b) present the certificate of death to the attending health care professional, if any, or tothe medical examiner who shall certify the cause of death and other information required on thecertificate of death;
(c) provide the address of the custodial funeral service director or, if a funeral servicedirector is not retained, a dispositioner;
(d) certify the date and place of burial; and
(e) file the certificate of death with the state or local registrar.
(3) A funeral service director, dispositioner, embalmer, or other person who removes adead body or dead fetus from the place of death or transports or is in charge of final disposal of adead body or dead fetus, shall keep a record identifying the dead body or dead fetus, andcontaining information pertaining to receipt, removal, and delivery of the dead body or dead fetusas prescribed by department rule.
(4) (a) Not later than the tenth day of each month, every licensed funeral serviceestablishment shall send to the local registrar and the department a list of the informationrequired in Subsection (3) for each casket furnished and for funerals performed when no casketwas furnished, during the preceding month.
(b) The list described in Subsection (4)(a) shall be in the form prescribed by the stateregistrar.
(5) Any person who intentionally signs the portion of a certificate of death that isrequired to be signed by a funeral service director or a dispositioner under Subsection (1) isguilty of a class B misdemeanor, unless the person:
(a) (i) is a funeral service director; and
(ii) is employed by a licensed funeral establishment; or
(b) is a dispositioner, if a funeral service director is not retained.
(6) The state registrar shall post information on the state registrar's website, providinginstructions to a dispositioner for complying with the requirements of law relating to thedispositioner's responsibilities for:
(a) completing and filing a certificate of death; and
(b) possessing, transporting, and disposing of a dead body or dead fetus.
(7) The provisions of this chapter shall be construed to avoid interference, to the fullestextent possible, with the ceremonies, customs, rites, or beliefs of the decedent and the decedent'snext of kin for disposing of a dead body or dead fetus.
Amended by Chapter 66, 2009 General Session
Amended by Chapter 68, 2009 General Session