Title 26B, Title 26B: Utah Health and Human Services Code

26B-8-208. Rendering a dead body unavailable for postmortem investigation. (1) As used in this section: "Medical examiner" means the same as that term is defined in Section. 26B-8-201 "Unavailable for postmortem investigation" means the same as that term is defined in Section. 26…

26B-8-209. Certification of cause of death. (1) For a death under any of the circumstances described in Section, only the medical examiner or the medical examiner's designee may certify the cause of death. 26B-8-205 An individual who knowingly certifies the cause of death in viol…

26B-8-210. Medical examiner to report death caused by prescribed controlled substance poisoning or overdose. (1) If a medical examiner determines that the death of a person who is 12 years old or older at the time of death resulted from poisoning or overdose involving a controlle…

26B-8-211. Records and reports of investigations. (1) As used in this section, "substance use disorder treatment record" means a record created or maintained in connection with providing treatment for substance use disorder. (2) A complete copy of all written records and reports …

26B-8-212. Order to exhume body -- Procedure. (1) In case of any death described in Section, when a body is buried without an investigation by the medical examiner as to the cause and manner of death, it shall be the duty of the medical examiner, upon being advised of the fact, t…

26B-8-213. Autopsies -- When authorized. (1) The medical examiner shall perform an autopsy to: aid in the discovery and prosecution of a crime; protect an innocent person accused of a crime; and disclose hazards to public health. (2) The medical examiner may perform an autopsy: t…

26B-8-214. Certification of death by attending health care professional -- Deaths without medical attendance -- Cause of death uncertain -- Notice requirements. (1) A health care professional who treats or examines an individual within 365 days from the day on which the individua…

26B-8-215. Deaths in medical centers and federal facilities. All death certificates of any decedent who died in a teaching medical center or a federal medical facility unattended or in the care of an unlicensed physician or other medical personnel shall be signed by the licensed …

26B-8-216. Release of body for funeral preparations. (1) Where a body is held for investigation or autopsy under this chapter or for a medical investigation permitted by law, the body shall, if requested by the person given priority under Section, be released for funeral preparat…

26B-8-217. Records of medical examiner -- Confidentiality. (1) For purposes of this section, "deidentify" means to remove personally identifying information about a decedent or the decedent's family and any other information that may be used to identify a decedent. (2) The medica…

26B-8-218. Records of medical examiner -- Admissibility as evidence -- Subpoena of person who prepared record. The records of the medical examiner or transcripts thereof certified by the medical examiner are admissible as evidence in any civil action in any court in this state ex…

26B-8-219. Personal property of deceased -- Disposition. (1) Personal property of the deceased not held as evidence shall be turned over to the legal representative of the deceased within 30 days after completion of the investigation of the death of the deceased. If no legal repr…

26B-8-220. Officials not liable for authorized acts. Except as provided in this part, a criminal or civil action may not arise against the county attorney, district attorney, or his deputies, the medical examiner or his deputies, or regional pathologists for authorizing or perfor…

26B-8-221. Authority of county attorney or district attorney to subpoena witnesses and compel testimony -- Determination if decedent died by unlawful means. (1) The district attorney or county attorney having criminal jurisdiction may subpoena witnesses and compel testimony conce…

26B-8-222. Additional powers and duties of department. The department may: (1) establish rules to carry out the provisions of this part; (2) use the department's authority under this part to identify opportunities for prevention of, intervention in, and postvention of deaths unde…

26B-8-223. Authority of examiner to provide organ or other tissue for transplant purposes. (1) When requested by the licensed physician of a patient who is in need of an organ or other tissue for transplant purpose, by a legally created Utah eye bank, organ bank or medical facili…

26B-8-224. Autopsies -- Persons eligible to authorize. (1) Autopsies may be authorized: by the commissioner of the Labor Commission or the commissioner's designee as provided in Section; 34A-2-603 by individuals by will or other written document; upon a decedent by the next of ki…

26B-8-225. Burial of an unclaimed body -- Request by the school of medicine at the University of Utah -- Medical examiner may retain tissue for dog training. (1) Except as described in Subsectionor, a county shall provide, at the county's expense, decent disposition of an unclaim…

26B-8-226. Social security number in certification of death. A certification of death shall include, if known, the social security number of the deceased person, and a copy of the certification shall be sent to the Office of Recovery Services within the department upon request.

26B-8-227. Registry of unidentified deceased persons. (1) If the identity of a deceased person over which the medical examiner has jurisdiction under Sectionis unknown, the medical examiner shall do the following: 26B-8-205 assign a unique identifying number to the body; create a…

26B-8-228. Testing for suspected suicides -- Maintaining information -- Compensation to deputy medical examiners. (1) In all cases where it is suspected that a death resulted from suicide, including assisted suicide, the medical examiner shall endeavor to have the following tests…

26B-8-229. Psychological autopsy examiner. (1) With funds appropriated by the Legislature for this purpose, the department shall provide compensation, at a standard rate determined by the department, to a psychological autopsy examiner. (2) The psychological autopsy examiner shal…

26B-8-230. Application for permit to render a dead body unavailable for postmortem investigation -- Medical examiner review fee. (1) Upon receiving an application by a person for a permit to render a dead body unavailable for postmortem investigation, the medical examiner shall d…

26B-8-231. Overdose fatality examiner. (1) Within funds appropriated by the Legislature, the department shall provide compensation, at a standard rate determined by the department, to an overdose fatality examiner. (2) The overdose fatality examiner shall: work with the medical e…

26B-8-232. Injury reporting requirements by health care provider -- Contents of report -- Penalties. (1) As used in this section: "Health care provider" means any person, firm, corporation, or association which furnishes treatment or care to persons who have suffered bodily injur…

26B-8-233. Family outreach specialist. (1) With funds appropriated by the Legislature for this purpose, the department shall provide compensation, at a standard rate determined by the department, to a family outreach specialist. (2) The family outreach specialist shall: engage wi…

26B-8-301. Definitions. As used in this part: (1) "Adult" means an individual who is at least 18 years old. (2) "Agent" means an individual: authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or expressly authorized to make …

26B-8-302. Applicability. This part applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

26B-8-303. Who may make anatomical gift before donor's death. Subject to Section, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Sectionby: (1) the…

26B-8-304. Manner of making anatomical gift before donor's death. (1) A donor may make an anatomical gift: by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver license or identification card; in a will; d…

26B-8-305. Amending or revoking anatomical gift before donor's death. (1) Subject to Section, a donor or other person authorized to make an anatomical gift under Sectionmay amend or revoke an anatomical gift by: 26B-8-307 26B-8-303 a record signed by: the donor; the other person;…

26B-8-306. Refusal to make anatomical gift -- Effect of refusal. (1) An individual may refuse to make an anatomical gift of the individual's body or part by: a record signed by: the individual; or subject to Subsection, another individual acting at the direction of the individual…

26B-8-307. Preclusive effect of anatomical gift, amendment, or revocation. (1) Except as otherwise provided in Subsectionand subject to Subsection, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or re…

26B-8-308. Who may make anatomical gift of decedent's body or part. (1) Subject to Subsectionsandand unless barred by Sectionor, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the follow…

26B-8-309. Manner of making, amending, or revoking anatomical gift of decedent's body or part. (1) A person authorized to make an anatomical gift under Sectionmay make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communica…

26B-8-310. Persons that may receive anatomical gift -- Purpose of anatomical gift. (1) An anatomical gift may be made to the following persons named in the document of gift: a hospital, accredited medical school, dental school, college, university, organ procurement organization,…

26B-8-311. Search and notification. (1) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a …

26B-8-312. Delivery of document of gift not required -- Right to examine. (1) A document of gift need not be delivered during the donor's lifetime to be effective. (2) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatom…

26B-8-313. Rights and duties of procurement organization and others. (1) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Department of Public Safety and any donor registry t…

26B-8-314. Coordination of procurement and use. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

26B-8-315. Sale or purchase of parts prohibited. (1) Except as otherwise provided in Subsection, a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the ind…

26B-8-316. Other prohibited acts. A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment, or revocation of a document of gift, or a refusal commits a third degree felony.

26B-8-317. Immunity. (1) A person that acts in accordance with this part or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (2) Neither t…

26B-8-318. Law governing validity -- Choice of law as to execution of document of gift -- Presumption of validity. (1) A document of gift is valid if executed in accordance with: this part; the laws of the state or country where it was executed; or the laws of the state or countr…

26B-8-319. Donor registry. (1) The Department of Public Safety may establish or contract for the establishment of a donor registry. (2) The Driver License Division of the Department of Public Safety shall cooperate with a person that administers any donor registry that this state…

26B-8-320. Effect of anatomical gift on advance health care directive. (1) As used in this section: "Advance health care directive" means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction conce…