No. 37427 (5-year Review): Rule R436-8. Authorization for Final Disposition of Deceased Persons

DAR File No.: 37427
Filed: 03/21/2013 10:56:08 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 Subsections 26-2-16(3) and (4), the department is authorized to create rules governing the records kept by funeral directors regarding each dead body or dead fetus for which they perform any type of service. The records are to be sent to OVRS every month on forms developed by the Office of Vital Records and Statistics (OVRS). Section 26-2-17 details the reasons for and circumstances under which burial transit permits are to be issued by OVRS.

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 the department to monitor interments overall for timeliness and violations of statute prohibiting final disposition until a cause of death is established. The rule also allows the Office to trace individual bodies if criminal or public safety concerns are raised. 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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