26B-8-103. Content and form of certificates and reports.

501 words·~2 min read·/ut/title-26b/chapter-8/26b-8-103

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)As used in this section:

(a)"Additional information" means information that is beyond the information necessary to comply with federal standards or state law for registering a birth.

(b)"Diacritical mark" means a mark on a letter from the ISO basic Latin alphabet used to indicate a special pronunciation.

(c)"Diacritical mark" includes accents, tildes, graves, umlauts, and cedillas.

(2)Except as provided in Subsection (8), to promote and maintain nationwide uniformity in the vital records system, the forms of certificates, certification, reports, and other documents and records required by this part or the rules implementing this part shall include as a minimum the items recommended by the federal agency responsible for national vital statistics, subject to approval, additions, and modifications by the department.

(3)Certificates, certifications, forms, reports, other documents and records, and the form of communications between persons required by this part shall be prepared in the format prescribed by department rule.

(4)All vital records shall include the date of filing.

(5)Certificates, certifications, forms, reports, other documents and records, and communications between persons required by this part may be signed, filed, verified, registered, and stored by photographic, electronic, or other means as prescribed by department rule.

(a)An individual may use a diacritical mark in an application for a vital record.

(b)The office shall record a diacritical mark on a vital record as indicated on the application for the vital record.

(7)The absence of a diacritical mark on a vital record does not render the document invalid or affect any constructive notice imparted by proper recordation of the document.

(a)The state:

(i)may collect the Social Security number of a deceased individual; and

(ii)may not include the Social Security number of an individual on a certificate of death.

(b)For registering a birth, the department may not require an individual to provide additional information.

(c)The department may request additional information if the department provides a written statement that:

(i)discloses that providing the additional information is voluntary;

(ii)discloses how the additional information will be used and the duration of use;

(iii)describes how the department prevents the additional information from being used in a manner different from the disclosure given under Subsection (8)(c)(ii); and

(iv)includes a notice that the individual is consenting to the department's use of the additional information by providing the additional information.

(i)Beginning July 1, 2022, an individual may submit a written request to the department to de-identify the individual's additional information contained in the department's databases.

(ii)Upon receiving the written request, the department shall:

(A)de-identify the additional information; and

(B)for additional information that is inherently identifying, delete the inherently identifying additional information.

(e)The department shall de-identify or delete additional information contained in the department's databases before the additional information is held by the department for longer than six years.

Amended by Chapter 295 , 2024 General Session