26-2-17 - Certificate of death -- Registration prerequisite to interment -- Burial-transit permits -- Procedure where body donated under anatomical gift law -- Permit for disinterment.
26-2-17. Certificate of death -- Registration prerequisite to interment --Burial-transit permits -- Procedure where body donated under anatomical gift law --Permit for disinterment.
(1) A dead body or dead fetus may not be interred or otherwise disposed of or removedfrom the registration district in which death or fetal death occurred or the remains are found untila certificate of death is registered.
(2) For deaths or fetal deaths which occur in this state, no burial-transit permit is requiredfor final disposition of the remains if:
(a) disposition occurs in the state and is performed by a funeral service director; or
(b) the disposition takes place with authorization of the next of kin and in a general acutehospital, as defined in Section 26-21-2, that is licensed by the department, or in a pathologylaboratory operated under contract with a general acute hospital licensed by the department.
(3) A burial-transit permit shall be issued by the local registrar of the district where thecertificate of death or fetal death is registered:
(a) for dead bodies or fetuses to be transported out of the state for final disposition; or
(b) when disposition is made by a person other than a funeral service director.
(4) A burial-transit permit issued under the law of another state which accompanies adead body or dead fetus brought into this state is authority for final disposition of the dead bodyor dead fetus in this state.
(5) When a dead body or dead fetus or any part of the dead body or dead fetus has beendonated under the Revised Uniform Anatomical Gift Act or similar laws of another state and thepreservation of the gift requires the immediate transportation of the dead body, dead fetus, or anypart of the body or fetus outside of the registration district in which death occurs or the remainsare found, or into this state from another state, the dead body or dead fetus or any part of the bodyor fetus may be transported and the burial-transit permit required by this section obtained withina reasonable time after transportation.
(6) A permit for disinterment and reinterment is required prior to disinterment of a deadbody or dead fetus, except as otherwise provided by statute or department rule.
Amended by Chapter 60, 2007 General Session