No. 37426 (5-year Review): Rule R436-7. Death Registration

DAR File No.: 37426
Filed: 03/21/2013 10:47:32 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Under Section 26-2-13, the legal and medical information needed to file a death certificate are outlined. However, Subsection 26-2-13(8)(a) requires the Office to have rules in place in the event that a cause of death cannot be determined within 72 hours of the death. This rule is in response to that subsection of the Utah Code.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule allows funeral directors (the statutorily liable party) to file partially completed death certificates within the allotted time, if a cause of death cannot be determined or if the case is referred to the Office of the Medical Examiner (OME) for further review. The rule also informs the funeral directors that final disposition of remains cannot be completed until a cause of death is determined unless the attending physician or the OME authorizes it. This rule is meant to prevent cremation of remains or other method of disposition that would interfere with any criminal investigation of cause of death. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Center for Health Data, Vital Records and Statistics
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Janice Houston at the above address, by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at [e-mail]
• Rex Olsen at the above address, by phone at 801-538-9498, by FAX at 801-536-0940, or by Internet E-mail at [e-mail]

Authorized by:

Janice Houston, Director

Effective:

03/21/2013

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