Section 26B-8-101 - [Effective Until 9/1/2024] DefinitionsAs used in this part:
(1) "Adoption document" means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate.(2) "Biological sex at birth" means an individual's sex, as being male or female,according to distinct reproductive roles as manifested by sex and reproductive organ anatomy, chromosomal makeup, and endogenous hormone profiles.(3) "Certified nurse midwife" means an individual who: (a) is licensed to practice as a certified nurse midwife under Title 58, Chapter 44a, Nurse Midwife Practice Act; and(b) has completed an education program regarding the completion of a certificate of death developed by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(4) "Custodial funeral service director" means a funeral service director who: (a) is employed by a licensed funeral establishment; and(b) has custody of a dead body.(5) "Dead body" means a human body or parts of a human body from the condition of which it reasonably may be concluded that death occurred.(6) "Decedent" means the same as a dead body.(7) "Dead fetus" means a product of human conception, other than those circumstances described in Subsection 76-7-301(1): (a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery; and(b) that was not born alive.(8) "Declarant father" means a male who claims to be the genetic father of a child, and, along with the biological mother, signs a voluntary declaration of paternity to establish the child's paternity.(9) "Dispositioner" means: (a) a person designated in a written instrument, under Subsection 58-9-602(1), as having the right and duty to control the disposition of the decedent, if the person voluntarily acts as the dispositioner; or(b) the next of kin of the decedent, if: (i)(A) a person has not been designated as described in Subsection (9)(a); or(B) the person described in Subsection (9)(a) is unable or unwilling to exercise the right and duty described in Subsection (9)(a); and(ii) the next of kin voluntarily acts as the dispositioner.(10) "Fetal remains" means: (a) an aborted fetus as that term is defined in Section 26B-2-232; or(b) a miscarried fetus as that term is defined in Section 26B-2-233.(11) "File" means the submission of a completed certificate or other similar document, record, or report as provided under this part for registration by the state registrar or a local registrar.(12) "Funeral service director" means the same as that term is defined in Section 58-9-102.(13) "Health care facility" means the same as that term is defined in Section 26B-2-201.(14) "Health care professional" means a physician, physician assistant, nurse practitioner, or certified nurse midwife.(15) "Intersex individual" means an individual who: (a) is born with external biological sex characteristics that are irresolvably ambiguous;(b) is born with 46, XX chromosomes with virilization;(c) is born with 46, XY chromosomes with undervirilization;(d) has both ovarian and testicular tissue; or(e) has been diagnosed by a physician, based on genetic or biochemical testing, withabnormal: (i) sex chromosome structure;(ii) sex steroid hormone production; or(iii) sex steroid hormone action for a male or female.(16) "Licensed funeral establishment" means: (a) if located in Utah, a funeral service establishment, as that term is defined in Section 58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act; or(b) if located in a state, district, or territory of the United States other than Utah, a funeral service establishment that complies with the licensing laws of the jurisdiction where the establishment is located.(17) "Live birth" means the birth of a child who shows evidence of life after the child is entirely outside of the mother.(18) "Local registrar" means a person appointed under Subsection 26B-8-102(3)(b).(19) "Nurse practitioner" means an individual who: (a) is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act; and(b) has completed an education program regarding the completion of a certificate of death developed by the department by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(20) "Office" means the Office of Vital Records and Statistics within the department.(21) "Physician" means a person licensed to practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.(22) "Physician assistant" means an individual who: (a) is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act; and(b) has completed an education program regarding the completion of a certificate of death developed by the department by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(23) "Presumed father" means the father of a child conceived or born during a marriage as defined in Section 30-1-17.2.(24) "Registration" or "register" means acceptance by the local or state registrar of a certificate and incorporation of the certificate into the permanent records of the state.(25) "State registrar" means the state registrar of vital records appointed under Section 26B-8-102.(26) "Vital records" means: (a) registered certificates or reports of birth, death, fetal death, marriage, divorce, dissolution of marriage, or annulment;(b) amendments to any of the registered certificates or reports described in Subsection (24)(a);(c) an adoption document; and(d) other similar documents.(27) "Vital statistics" means the data derived from registered certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment.Amended by Chapter 306, 2023 General Session ,§ 291, eff. 5/3/2023, coordination clause.Amended by Chapter 306, 2023 General Session ,§ 176, eff. 5/3/2023.Added by Chapter 255, 2022 General Session ,§ 71, eff. 7/1/2022.This section is set out more than once due to postponed, multiple, or conflicting amendments.