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 October 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 R436-8. Authorization for Final Disposition of Deceased Persons.
As in effect on October 1, 2019
Table of Contents
- R436-8-1. Removal of Body.
- R436-8-2. Transportation of Dead Bodies.
- R436-8-3. Preservation of Bodies.
- R436-8-4. Authorization for Disinterment and Re-interment.
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
Before removing a dead body or fetus from the place of death, the funeral director or person acting as such shall:
(a) Obtain permission from the next of kin or the custodian of the remains to remove the body or fetus from the place of death, and obtain assurance from the attending physician that death is from natural causes, and that the physician will assume responsibility for certifying to the cause of death or fetal death.
(b) Determine whether or not the medical examiner has been notified, if the death comes within his jurisdiction. If the medical examiner has not been notified or if that fact is unknown, make the notification and obtain authorization to remove the body.
(c) When the dead body or fetus is being removed from the hospital or other place of death by the next of kin or other person acting as the funeral director, the hospital or other custodian of the body shall not release the body until they are presented with a burial-transit permit issued by the appropriate local registrar or the state registrar.
Any body shipped by common carrier must be embalmed by a licensed embalmer in a manner approved by the State Board of Embalming. The body must be placed in either (a) a sound casket enclosed in a strong outside shipping case, or (b) a metal container specifically designed for this purpose. If the body cannot be embalmed or is in a state of decomposition, it may be shipped only after enclosure in any air-tight metal casket encased in a strong outside shipping case, or in a sound casket encased in an air-tight metal, or metal-lined shipping case. When any body is to be transported by common carrier, the burial-transit permit shall be attached to the shipping case.
Any body transported by means other than a common carrier must be encased in a container (such as a plastic bag) which ensures against seepage of fluid and the escape of odors. However, bodies transported by a licensed funeral director in a vehicle used for such purpose need not be so encased.
If a dead body is to be transported by means other than a common carrier and for a purpose other than preparation or storage, the burial-transit permit shall be attached to the container in which the body is enclosed or in the possession of the person transporting the body.
No human body may be held in any place or be in transit more than 24 hours after death and pending final disposition, unless either maintained at a temperature of not more than 40 degrees F. or embalmed by a licensed embalmer in a manner approved by the State Board of Embalming, or by the embalmer licensed to practice in the state where the death occurred.
An authorization for disinterment and re-interment of a dead body shall be issued by the local registrar of the district where the body is interred or by the State Registrar, upon receipt of a written application signed by the next of kin and the person who is in charge of the disinterment, or upon receipt of an order of a court of competent jurisdiction directing such disinterment. If the next of kin are in disagreement regarding the disinterment, the State Registrar may require a court order before issuing the disinterment permit.
Upon the relocation of a cemetery, the State Registrar or local registrar may issue a single disinterment permit to allow for mass disinterment of all bodies located in the cemetery. Prior to the issuance of this permit, the registrar must receive written agreement that insofar as possible, the remains of each body will be identified and the place of disinterment and re-interment will be specified and provided to the sexton of the cemetery where re-interment occurs.
A dead body properly prepared by an embalmer and deposited in a receiving vault shall not be considered a disinterment when removed from the vault for final disposition.
vital statistics, permits, funeral industries
March 20, 2018
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.