Utah Administrative Code (Current through November 1, 2019) |
R448. Health, Disease Control and Prevention, Medical Examiner |
R448-20. Access to Medical Examiner Reports |
R448-20-1. Authority and Purpose |
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This rule is authorized by Utah Code Section 26-1-5. It establishes who may, under the provisions of Utah Code Subsection 26-4-17(3), access medical examiner reports generated in the investigation of a death. |
R448-20-2. Access by Next-of-Kin |
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(1) Next-of-kin who may access medical examiner records under the provisions of Utah Code Subsection 26-4-17(3) are as follows: (a) surviving spouse; (b) any natural or adoptive parent, regardless of whether the deceased was an adult; (c) any full or half sibling; and (d) any child aged 18 or older. (2) All next-of-kin have equal access to medical examiner records under 26-4-17, without preference or priority. |
R448-20-3. Access by a Legal Representative |
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(1) Legal representatives who may access medical examiner records under the provisions of Utah Code Subsection 26-4-17(3) are as follows: (a) any legal guardian of the person, regardless of whether the deceased was child or an adult; and (b) a personal representative of the estate of the deceased appointed by a court of competent jurisdiction. (2) All legal representatives have equal access to medical examiner records under Utah Code Subsection 26-4-17(3), without preference or priority. |
R448-20-4. Request and Verification of Right to Record |
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A request made under Utah Code Subsection 26-4-17(3) must be in a writing either; (1) bearing a notary seal attesting to the identity of the individual and establishing the individual's right to the record; or (2) signed in the presence of medical examiner staff after producing documentation establishing the individual's right to the record. |