36-325

36-325. Death certificate registration; moving
human remains; definitions

A. Within seven calendar days after receiving possession of human remains, a
funeral establishment or responsible person who takes possession of the human remains
shall:

1. Obtain and complete the information, including the social security number of the
decedent, on the death certificate required pursuant to this chapter and rules adopted
pursuant to this chapter.

2. Provide on the death certificate the name and address of the person completing
the death certificate.

3. Submit the death certificate for registration to a local registrar, a deputy
local registrar or the state registrar. The funeral establishment or responsible person
may submit the death certificate by electronic means in the format prescribed by the
state registrar.

B. Within seventy-two hours after receiving a death certificate pursuant to this
section, a local registrar, a deputy local registrar or the state registrar shall
register a death certificate if it is accurate and complete and submitted pursuant to
this chapter and rules adopted pursuant to this chapter.

C. Except as provided in subsection F of this section, if a person dies under any
of the circumstances described in section 11-593, subsection A, the medical examiner
shall complete and sign the medical certification of death on a death certificate within
seventy-two hours after the examination, excluding weekends and holidays. If the medical
examiner cannot determine the cause of death within that time, the medical examiner shall
enter "pending" for the cause of death and sign the medical certification of death within
seventy-two hours after the examination, excluding weekends and holidays.

D. A local registrar, a deputy local registrar or the state registrar shall
register a death certificate if there is a medical certification of death signed by the
medical examiner with a pending cause of death.

E. Final disposition of human remains with a pending cause of death shall not occur
until the medical examiner releases the human remains for final disposition.

F. When the medical examiner determines the cause of death, the medical examiner
shall submit the information to the local registrar, deputy local registrar or state
registrar.

G. If a person under the current care of a physician or nurse practitioner for a
potentially fatal illness dies of that illness, the physician or nurse practitioner, if
available, shall complete and sign the medical certification of death on a death
certificate within seventy-two hours. If the physician or nurse practitioner is not
available, the medical examiner shall complete and sign the medical certification of
death on a death certificate within seventy-two hours after the examination, excluding
weekends and holidays.

H. If a person dies in a hospital, nursing care institution or hospice inpatient
facility, the following person shall complete and sign the medical certification of death
within seventy-two hours of the death:

1. If the person is under the care of a nurse practitioner, the nurse practitioner
or attending physician, if available.

2. If the person is not under the care of a nurse practitioner, the attending
physician, if available.

3. If the nurse practitioner or attending physician is not available, the medical
examiner.

I. If a person dies on an Indian reservation in this state and a county medical
examiner is not available, the tribal law enforcement authority, acting in an official
investigative capacity, may complete and sign the medical certification of death.

J. If the place of death is unknown, the death is considered to have occurred in
the place where the human remains were found.

K. If a person dies in a moving conveyance, the death is considered to have
occurred in the place where the human remains were initially removed from the conveyance.
In all other cases, the place where death is pronounced is considered the place where the
death occurred.

L. The state registrar shall create and register a death certificate when the state
registrar receives a court order of a presumptive death. The court order shall contain
the following information, if known:

1. The decedent's name, social security number, date of birth, date of death, cause
of death and location of death.

2. Any other information necessary to complete a death certificate for a
presumptive death.

M. If a murder victim's body is not recovered, a conviction for the murder is proof
of death. The court shall forward a record of the conviction to the state registrar. The
state registrar shall obtain the personal data regarding the murder victim from
information provided by the court, a family member of the murder victim or another
reliable source and create and register the death certificate.

N. For the purposes of this section:

1. "Medical certification" means confirmation of a cause of death.

2. "Physician" means a person who is licensed pursuant to title 32, chapter 13, 14
or 17.