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.


R448. Health, Disease Control and Prevention, Medical Examiner.

Rule R448-20. Access to Medical Examiner Reports.

As in effect on October 1, 2019

Table of Contents

R448-20-1. Authority and Purpose.

This rule is authorized by Utah Code Section 26-1-5. It establishes who may, under the provisions of Utah Code Subsection 26-4-17(3), access medical examiner reports generated in the investigation of a death.

R448-20-2. Access by Next-of-Kin.

(1) Next-of-kin who may access medical examiner records under the provisions of Utah Code Subsection 26-4-17(3) are as follows:

(a) surviving spouse;

(b) any natural or adoptive parent, regardless of whether the deceased was an adult;

(c) any full or half sibling; and

(d) any child aged 18 or older.

(2) All next-of-kin have equal access to medical examiner records under 26-4-17, without preference or priority.

R448-20-3. Access by a Legal Representative.

(1) Legal representatives who may access medical examiner records under the provisions of Utah Code Subsection 26-4-17(3) are as follows:

(a) any legal guardian of the person, regardless of whether the deceased was child or an adult; and

(b) a personal representative of the estate of the deceased appointed by a court of competent jurisdiction.

(2) All legal representatives have equal access to medical examiner records under Utah Code Subsection 26-4-17(3), without preference or priority.

R448-20-4. Request and Verification of Right to Record.

A request made under Utah Code Subsection 26-4-17(3) must be in a writing either;

(1) bearing a notary seal attesting to the identity of the individual and establishing the individual's right to the record; or

(2) signed in the presence of medical examiner staff after producing documentation establishing the individual's right to the record.

KEY

medical examiner, records

Date of Enactment or Last Substantive Amendment

June 19, 2000

Notice of Continuation

April 5, 2019

Authorizing, Implemented, or Interpreted Law

26-1-5; 26-4-17


Additional Information

Contact

For questions regarding the content or application of rules under Title R448, please contact the promulgating agency (Health, Disease Control and Prevention, Medical Examiner). 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.