DAR File No. 37434

Health, Center for Health Data, Vital Records and Statistics

Rule R436-16

Violation of Rules

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37434
Filed: 03/21/2013 11:54:40 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:

Section 26-23-3 makes it illegal to fail to report facts and statistics relating to the public health -- which vital records would be considered part of. Section 26-23-4 makes it illegal for the Registrar and the employees of the Office of Vital Records and Statistics (OVRS) to accept gifts, which may be offered as incentive to assist an applicant in obtaining a vital record. Section 26-23-5 makes it illegal to falsify facts on a vital record or to create a counterfeit record. Section 26-23-5.5 outlines the criminal penalties for the illegal use of a birth certificate. Section 26-23-6 outlines civil penalties that the Department can levy on behalf of the Office in addition to criminal penalties, if deemed necessary. Section 26-23-7 provides for enforcement procedures and Section 26-23-8 authorizes representatives of the Office to enter regulated premises (in this case, hospitals, funeral homes, and local vital records offices) and perform auditing of records.

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 puts the violation of all other rules in Title R436 on par with violation of the statutes governing OVRS. This allows counsel for OVRS to treat rules violations as violation of statute and pursue remedies in a court of law. 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 jlhouston@utah.gov
• Rex Olsen at the above address, by phone at 801-538-9498, by FAX at 801-536-0940, or by Internet E-mail at rolsen@utah.gov

Authorized by:

Janice Houston, Director

Effective:

03/21/2013