DAR File No. 27989

Health, Medical Examiner

R448-20

Access to Medical Examiner Reports

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 27989
Filed: 06/06/2005, 11:13
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

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

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule clarifies who may obtain records from the Office of the Medical Examiner, the procedure for establishing a right to the records, and how they may be obtained. It also establishes equivalency between all valid requesters. If the rule were removed, there would be no guidelines for how to respond to competing claims to records by different valid requesters, which could possibly limit access to records by different next-of-kin. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Todd Grey at the above address, by phone at 801-584-8410, by FAX at 801-584-8435, or by Internet E-mail at toddgrey@utah.gov

Authorized by:

David N. Sundwall, Executive Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Todd Grey at the above address, by phone at 801-584-8410, by FAX at 801-584-8435, or by Internet E-mail at toddgrey@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.