Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since April 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R436. Health, Center for Health Data, Vital Records and Statistics.

Rule R436-1. Duties of the Department of Health.

As in effect on April 1, 2019

Table of Contents

R436-1-1. Definitions.

(1) Terms used in this rule are defined in Section 26-2-2.

(2) In addition, "Information for medical and health use only," means all of the information in the lower portion of the birth certificate and the similar information on the fetal death certificate; and the date and sex of the birth, death or fetal death.

R436-1-2. Forms.

All forms, certificates, and reports used in the system of vital statistics are the property of the Utah Department of Health, hereinafter referred to as "Department" and are subject to its rules and regulations. Only forms furnished by the State Registrar of Vital Statistics, hereinafter referred to as "State Registrar," shall be used in the reporting of vital statistics or in making copies thereof. These forms shall be used only for official purposes.

R436-1-3. Requirements for Preparation of Certificates.

All certificates and records relating to vital statistics must be prepared on a typewriter or other word processing equipment with a black ribbon or printed legibly in black, unfading ink. All required signatures shall be entered in black, unfading ink. Unless otherwise directed by the State Registrar, no certificate shall be complete and acceptable for registration that:

(a) does not have the certifier's name typed or printed legibly under his signature;

(b) does not supply all items of information called for, or satisfactorily account for their omission;

(c) contains alterations or erasures that would be apparent on certified copies or would not be as permanent as the record itself;

(d) does not contain handwritten signatures as required;

(e) is marked "copy" or "duplicate;"

(f) is a carbon copy;

(g) is prepared on an improper form;

(h) contains inconsistent data;

(i) contains an indefinite cause of death which denotes only symptoms of disease or conditions resulting from disease;

(j) is not prepared in conformity with rules or instructions issued by the Department.

R436-1-4. Designation of Additional Offices.

(1) Full-time local health officers may be designated by the Department to serve as the local registrar of vital statistics for the area they serve as health officer. They shall carry out their required duties without payment of any additional fee. For areas of the state not served by a full-time local health officer, the Department, acting through the State Registrar, shall designate an individual to serve as local registrar.

(2) The State Registrar shall delegate such duties and responsibilities to the local registrars as is deemed necessary to insure the efficient operation of the system of vital statistics. These may include the following:

(a) The receipt and processing of birth, death, and spontaneous fetal death records. This includes the receipt of these records from the person responsible for filing the record, checking it for accuracy and completeness, making a local copy, and forwarding the original to the State Registrar at least once a week.

(b) Issuance of certified copies of birth, death, and fetal death certificates after receiving written authorization from the State Registrar. Certified copies shall be issued only from the following documents:

(i) the original certificate;

(ii) a facsimile copy or other electronically transferred copy from the State Registrar;

(iii) the local registrar's copy of the original certificate.

All forms and procedures used to issue the copies shall be provided or approved by the State Registrar.

(c) Issuance of burial-transit and disinterment permits and other designated forms as prescribed by regulation or direction of the State Registrar.

(d) Acting as the agent of the State Registrar in their designated area and providing assistance to physicians, hospitals, funeral directors, and others in matters related to the system of vital statistics.

(3) The State Registrar, with the approval of the Department, shall determine the responsibilities and duties of each office independently.

R436-1-5. Name of Child.

A newborn child's name should be recorded on the birth certificate as determined by its' parents. If the parents disagree on the child's name and they have never married each other or are separated or divorced, the custodial parent shall determine the child's name. If the parents are married to each other and cannot agree on the child's name, it may be left blank on the birth certificate and added later by an Affidavit to Amend a Record or by court order.

KEY

vital statistics, standards, appointment to office, custody of children

Date of Enactment or Last Substantive Amendment

1993

Notice of Continuation

March 19, 2018

Authorizing, Implemented, or Interpreted Law

26-2-3; 26-2-4


Additional Information

Contact

For questions regarding the content or application of rules under Title R436, please contact the promulgating agency (Health, Center for Health Data, Vital Records and Statistics). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.