§ 26B-8-230 — Application for permit to render a dead body unavailable for postmortem investigation -- Medical examiner review fee.

(1) Upon receiving an application by a person for a permit to render a dead body unavailable for postmortem investigation, the medical examiner shall determine whether:
(1)(a) the person is authorized by law to render the dead body unavailable for postmortem investigation in the manner specified in the application;
(1)(b) the death certificate is complete and correct; and
(1)(c) there is a need to delay any action that will render the dead body unavailable for postmortem investigation until a postmortem investigation or an autopsy of the dead body is performed by the medical examiner.
(2) The medical examiner shall automatically issue a permit to render a dead body unavailable for postmortem investigation if:
(2)(a) the person requesting the permit is authorized to render the dead body unavailable for postmortem investigation in the manner specified in the application;
(2)(b) the death certificate is complete and correct;
(2)(c) the death does not fall under the jurisdiction of the medical examiner as described in Section 26B-8-205; and
(2)(d) an autopsy authorized by Section 26B-8-213 or 26B-8-224 is not needed.
(3) Except as provided in Subsection (5), within three days after receiving an application described in Subsection (1), the medical examiner shall:
(3)(a) make the determinations described in Subsection (1); and
(3)(b) (3)(b)(i) issue a permit to render the dead body unavailable for postmortem investigation in the manner specified in the application; or
(3)(b)(ii) deny the permit.
(4) The medical examiner may deny a permit to render a dead body unavailable for postmortem investigation only if:
(4)(a) the applicant is not authorized by law to render the dead body unavailable for postmortem investigation in the manner specified in the application;
(4)(b) the medical examiner determines that there is a need to delay any action that will render the dead body unavailable for postmortem investigation; or
(4)(c) the applicant fails to pay the fee described in Subsection (6).
(5) If the medical examiner cannot in good faith make the determinations described in Subsection (1) within three days after receiving an application described in Subsection (1), the medical examiner shall notify the applicant:
(5)(a) that more time is needed to make the determinations described in Subsection (1); and
(5)(b) of the estimated amount of time needed before the determinations described in Subsection (1) can be made.
(6) The medical examiner may charge a fee, set in accordance with Section 63J-1-504, to recover the costs of fulfilling the duties of the medical examiner described in this section.

Legislative History

Amended by Chapter 500, 2025 General Session