Enrolled Copy H.B. 294
1
Infectious Disease Procedures Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor: Wayne A. Harper
Cosponsor: Colin W. Jack Logan J. Monson
Kristen Chevrier Jason B. Kyle
Doug Fiefia Trevor Lee
2
3
LONG TITLE
4
General Description:
5
This bill modifies provisions related to infectious disease procedures.
6
Highlighted Provisions:
7
This bill:
8
▸ modifies definitions;
9
▸ requires a place of public accommodation and certain other entities to provide an
10
accommodation related to face coverings for certain people;
11
▸ prohibits the issuance of orders of constraint; and
12
▸ limits an order of restriction to be issued for individuals, not groups of individuals.
13
Money Appropriated in this Bill:
14
None
15
Other Special Clauses:
16
None
17
Utah Code Sections Affected:
18
AMENDS:
19
26A-1-102, as last amended by Laws of Utah 2024, Chapter 152
20
26A-1-108, as last amended by Laws of Utah 2024, Chapter 425
21
26A-1-114, as last amended by Laws of Utah 2024, Chapter 259
22
26A-1-121, as last amended by Laws of Utah 2023, Chapter 327
23
26B-7-202, as last amended by Laws of Utah 2024, Chapter 152 H.B. 294 Enrolled Copy
24
26B-7-301, as last amended by Laws of Utah 2024, Chapters 152, 283
25
26B-7-303, as renumbered and amended by Laws of Utah 2023, Chapter 308
26
26B-7-304, as last amended by Laws of Utah 2024, Chapter 283
27
26B-7-305, as renumbered and amended by Laws of Utah 2023, Chapter 308
28
26B-7-306, as renumbered and amended by Laws of Utah 2023, Chapter 308
29
26B-7-307, as last amended by Laws of Utah 2024, Chapter 283
30
26B-7-310, as last amended by Laws of Utah 2024, Chapter 283
31
26B-7-311, as last amended by Laws of Utah 2024, Chapter 283
32
26B-7-317, as renumbered and amended by Laws of Utah 2023, Chapter 308
33
26B-7-321, as renumbered and amended by Laws of Utah 2023, Chapter 308
34
ENACTS:
35
13-7-6, Utah Code Annotated 1953
36
26B-7-304.5, Utah Code Annotated 1953
37
38
Be it enacted by the Legislature of the state of Utah:
39
Section 1. Section 13-7-6 is enacted to read:
40
13-7-6 . Face coverings and qualified individuals.
41
(1) As used in this section:
42
(a) "Face covering" means a mask, shield, or other device that is intended to be worn in
43
a manner to cover the mouth, nose, or face to prevent the spread of an infectious
44
disease.
45
(b) "Health care facility" means the same as that term is defined in Section 78B-3-403.
46
(c) "Qualified individual" means an individual who experiences physical or emotional
47
distress when wearing a face covering if the physical or emotional distress is caused
48
by a diagnosed medical condition, mental health condition, or disability.
49
(2) Except as provided in Subsection (3)(a), a place of public accommodation or enterprise
50
regulated by the state may not require a qualified individual to wear a face covering as a
51
condition for entering a premises owned or operated by the entity described in this
52
Subsection (2).
53
(3)(a) Subject to Subsection (3)(b), a health care facility or a physician's office may
54
require the use of face coverings in an area in the health care facility where patient
55
care or treatment is provided.
56
(b) Consistent with applicable federal law, nothing in Subsection (3)(a) allows a health
57
care facility or a physician's office to deny services to a qualified individual who is
- 2 - Enrolled Copy H.B. 294
58
not able to wear a face covering.
59
Section 2. Section 26A-1-102 is amended to read:
60
26A-1-102 . Definitions.
61
As used in this part:
62
(1) "Board" means a local board of health established under Section 26A-1-109.
63
(2) "County governing body" means one of the types of county government provided for in
64
Title 17, Chapter 52a, Part 2, Forms of County Government.
65
(3) "County health department" means a local health department that serves a county and
66
municipalities located within that county.
67
(4) "Department" means the Department of Health and Human Services created in Section
68
26B-1-201.
69
(5) "Local food" means the same as that term is defined in Section 4-1-109.
70
(6) "Local health department" means:
71
(a) a single county local health department;
72
(b) a multicounty local health department;
73
(c) a united local health department; or
74
(d) a multicounty united local health department.
75
(7) "Mental health authority" means a local mental health authority created in Section
76
17-43-301.
77
(8) "Multicounty local health department" means a local health department that is formed
78
under Section 26A-1-105 and that serves two or more contiguous counties and
79
municipalities within those counties.
80
(9) "Multicounty united local health department" means a united local health department
81
that is formed under Section 26A-1-105.5 and that serves two or more contiguous
82
counties and municipalities within those counties.
83
(10)[(a)] "Order of constraint" means [an order, rule, or regulation issued by a local
84
health department in response to a declared public health emergency under this
85
chapter that:] the same as that term is defined in Section 26B-7-301.
86
[(i) applies to all or substantially all:]
87
[(A) individuals or a certain group of individuals; or]
88
[(B) public places or certain types of public places; and]
89
[(ii) for the protection of the public health and in response to the declared public
90
health emergency:]
91
[(A) establishes, maintains, or enforces isolation or quarantine;]
- 3 - H.B. 294 Enrolled Copy
92
[(B) establishes, maintains, or enforces a stay-at-home order;]
93
[(C) exercises physical control over property or individuals;]
94
[(D) requires an individual to perform a certain action or engage in a certain
95
behavior; or]
96
[(E) closes theaters, schools, or other public places or prohibits gatherings of
97
people to protect the public health.]
98
[(b) "Order of constraint" includes a stay-at-home order.]
99
(11) "Public health emergency" means the same as that term is defined in Section
100
26B-7-301.
101
(12) "Single county local health department" means a local health department that is created
102
by the governing body of one county to provide services to the county and the
103
municipalities within that county.
104
(13) "Stay-at-home order" means [an order of constraint that:]
105
[(a) restricts movement of the general population to suppress or mitigate an epidemic or
106
pandemic disease by directing individuals within a defined geographic area to remain
107
in their respective residences; and]
108
[(b) may include exceptions for certain essential tasks.] the same as that term is defined
109
in Section 26B-7-301.
110
(14) "Substance abuse authority" means a local substance abuse authority created in Section
111
17-43-201.
112
(15) "United local health department":
113
(a) means a substance abuse authority, a mental health authority, and a local health
114
department that join together under Section 26A-1-105.5; and
115
(b) includes a multicounty united local health department.
116
Section 3. Section 26A-1-108 is amended to read:
117
26A-1-108 . Jurisdiction and duties of local health departments -- Registration as
118
a limited purpose entity.
119
(1)[(a) Except as provided in Subsection (1)(b), a] A local health department has
120
jurisdiction in all unincorporated and incorporated areas of the county or counties in
121
which it is established and shall enforce state health laws, Department of Health and
122
Human Services, Department of Environmental Quality, and local health department
123
rules, regulations, and standards within those areas.
124
[(b) Notwithstanding Subsection (1)(a), a local health department's jurisdiction or
125
authority to issue an order of constraint pursuant to a declared public health
- 4 - Enrolled Copy H.B. 294
126
emergency does not apply to any facility, property, or area owned or leased by the
127
state, including capitol hill, as defined in Section 63O-1-101.]
128
(2)(a) Each local health department shall register and maintain the local health
129
department's registration as a limited purpose entity, in accordance with Section
130
67-1a-15.
131
(b) A local health department that fails to comply with Subsection (2)(a) or Section
132
67-1a-15 is subject to enforcement by the state auditor, in accordance with Section
133
67-3-1.
134
Section 4. Section 26A-1-114 is amended to read:
135
26A-1-114 . Powers and duties of departments.
136
(1) Subject to Subsections (7), (8), and [(11)] (10), a local health department may:
137
(a) subject to the provisions in Section 26A-1-108, enforce state laws, local ordinances,
138
department rules, and local health department standards and regulations relating to
139
public health and sanitation, including the plumbing code administered by the
140
Division of Professional Licensing under Title 15A, Chapter 1, Part 2, State
141
Construction Code Administration Act, and under Title 26B, Chapter 7, Part 4,
142
General Sanitation and Food Safety, in all incorporated and unincorporated areas
143
served by the local health department;
144
(b) establish, maintain, and enforce isolation and quarantine, over an individual in
145
accordance with an order of restriction issued under Title 26B, Chapter 7, Part 3,
146
Treatment, Isolation, and Quarantine Procedures for Communicable Diseases;
147
(c) establish and maintain medical, environmental, occupational, and other laboratory
148
services considered necessary or proper for the protection of the public health;
149
(d) establish and operate reasonable health programs or measures not in conflict with
150
state law which:
151
(i) are necessary or desirable for the promotion or protection of the public health and
152
the control of disease; or
153
(ii) may be necessary to ameliorate the major risk factors associated with the major
154
causes of injury, sickness, death, and disability in the state;
155
(e) close theaters, schools, and other public places and prohibit gatherings of people
156
when necessary to protect the public health;
157
(f) exercise physical control of property to abate nuisances or eliminate sources of filth
158
and infectious and communicable diseases affecting the public health and bill the
159
owner or other person in charge of the premises upon which this nuisance occurs for
- 5 - H.B. 294 Enrolled Copy
160
the cost of abatement;
161
(g) make necessary sanitary and health investigations and inspections on the local health
162
department's own initiative or in cooperation with the Department of Health and
163
Human Services or the Department of Environmental Quality, or both, as to any
164
matters affecting the public health;
165
(h) pursuant to county ordinance or interlocal agreement:
166
(i) establish and collect appropriate fees for the performance of services and
167
operation of authorized or required programs and duties;
168
(ii) accept, use, and administer all federal, state, or private donations or grants of
169
funds, property, services, or materials for public health purposes; and
170
(iii) make agreements not in conflict with state law which are conditional to receiving
171
a donation or grant;
172
(i) prepare, publish, and disseminate information necessary to inform and advise the
173
public concerning:
174
(i) the health and wellness of the population, specific hazards, and risk factors that
175
may adversely affect the health and wellness of the population; and
176
(ii) specific activities individuals and institutions can engage in to promote and
177
protect the health and wellness of the population;
178
(j) investigate the causes of morbidity and mortality;
179
(k) issue notices and orders necessary to carry out this part;
180
(l) conduct studies to identify injury problems, establish injury control systems, develop
181
standards for the correction and prevention of future occurrences, and provide public
182
information and instruction to special high risk groups;
183
(m) cooperate with boards created under Section 19-1-106 to enforce laws and rules
184
within the jurisdiction of the boards;
185
(n) cooperate with the state health department, the Department of Corrections, the
186
Administrative Office of the Courts, the Division of Juvenile Justice and Youth
187
Services, and the Crime Victim Reparations Board to conduct testing for HIV
188
infection of alleged sexual offenders, convicted sexual offenders, and any victims of
189
a sexual offense;
190
(o) investigate suspected bioterrorism and disease pursuant to Section 26B-7-321;
191
(p) provide public health assistance in response to a national, state, or local emergency, a
192
public health emergency as defined in Section 26B-7-301, or a declaration by the
193
President of the United States or other federal official requesting public health-related
- 6 - Enrolled Copy H.B. 294
194
activities; and
195
(q) when conducting routine inspections of businesses regulated by the local health
196
department, notify the Department of Agriculture and Food of a potential violation of
197
Title 4, Chapter 41, Hemp and Cannabinoid Act.
198
(2) The local health department shall:
199
(a) establish programs or measures to promote and protect the health and general
200
wellness of the people within the boundaries of the local health department;
201
(b) investigate infectious and other diseases of public health importance and implement
202
measures to control the causes of epidemic and communicable diseases and other
203
conditions significantly affecting the public health which may include involuntary
204
testing of alleged sexual offenders for the HIV infection pursuant to Section
205
53-10-802 and voluntary testing of victims of sexual offenses for HIV infection
206
pursuant to Section 53-10-803;
207
(c) cooperate with the department in matters pertaining to the public health and in the
208
administration of state health laws;
209
(d) coordinate implementation of environmental programs to maximize efficient use of
210
resources by developing with the Department of Environmental Quality a
211
Comprehensive Environmental Service Delivery Plan which:
212
(i) recognizes that the Department of Environmental Quality and local health
213
departments are the foundation for providing environmental health programs in
214
the state;
215
(ii) delineates the responsibilities of the department and each local health department
216
for the efficient delivery of environmental programs using federal, state, and local
217
authorities, responsibilities, and resources;
218
(iii) provides for the delegation of authority and pass through of funding to local
219
health departments for environmental programs, to the extent allowed by
220
applicable law, identified in the plan, and requested by the local health
221
department; and
222
(iv) is reviewed and updated annually; and
223
(e) investigate a report made in accordance with Section 59-14-811 to determine
224
whether a product is sold in violation of law.
225
(3) The local health department has the following duties regarding public and private
226
schools within the local health department's boundaries:
227
(a) enforce all ordinances, standards, and regulations pertaining to the public health of
- 7 - H.B. 294 Enrolled Copy
228
persons attending public and private schools;
229
(b) exclude from school attendance any person, including teachers, who is suffering
230
from any communicable or infectious disease, whether acute or chronic, if the person
231
is likely to convey the disease to those in attendance; and
232
(c)(i) make regular inspections of the health-related condition of all school buildings
233
and premises;
234
(ii) report the inspections on forms furnished by the department to those responsible
235
for the condition and provide instructions for correction of any conditions that
236
impair or endanger the health or life of those attending the schools; and
237
(iii) provide a copy of the report to the department at the time the report is made.
238
(4) If those responsible for the health-related condition of the school buildings and premises
239
do not carry out any instructions for corrections provided in a report in Subsection
240
(3)(c), the local health board shall cause the conditions to be corrected at the expense of
241
the persons responsible.
242
(5) The local health department may exercise incidental authority as necessary to carry out
243
the provisions and purposes of this part.
244
(6) This part does not authorize a local health department to:
245
(a) require the installation or maintenance of a carbon monoxide detector in a residential
246
dwelling against anyone other than the occupant of the dwelling; or
247
(b) control the production, processing distribution, or sale price of local food in response
248
to a public health emergency.
249
(7)(a) Except as provided in Subsection (7)(c), a local health department may not declare
250
a public health emergency [or issue an order of constraint ]until the local health
251
department has provided notice of the proposed action to the chief executive officer
252
of the relevant county no later than 24 hours before the local health department issues
253
the order or declaration.
254
(b) The local health department:
255
(i) shall provide the notice required by Subsection (7)(a) using the best available
256
method under the circumstances as determined by the local health department;
257
(ii) may provide the notice required by Subsection (7)(a) in electronic format; and
258
(iii) shall provide the notice in written form, if practicable.
259
(c)(i) Notwithstanding Subsection (7)(a), a local health department may declare a
260
public health emergency [or issue an order of constraint ]without approval of the
261
chief executive officer of the relevant county if the passage of time necessary to
- 8 - Enrolled Copy H.B. 294
262
obtain approval of the chief executive officer of the relevant county as required in
263
Subsection (7)(a) would substantially increase the likelihood of loss of life due to
264
an imminent threat.
265
(ii) If a local health department declares a public health emergency [or issues an order
266
of constraint ]as described in Subsection (7)(c)(i), the local health department
267
shall notify the chief executive officer of the relevant county before [issuing the
268
order of constraint] declaring a public health emergency.
269
(iii) The chief executive officer of the relevant county may terminate a declaration of
270
a public health emergency [or an order of constraint issued ]as described in
271
Subsection (7)(c)(i) within 72 hours of declaration of the public health emergency[
272
or issuance of the order of constraint].
273
(d)(i) The relevant county governing body may at any time terminate a public health
274
emergency [or an order of constraint ]issued by the local health department by
275
majority vote of the county governing body[ in response to a declared public
276
health emergency].
277
(ii) A vote by the relevant county governing body to terminate a public health
278
emergency [or an order of constraint ]as described in Subsection (7)(d)(i) is not
279
subject to veto by the relevant chief executive officer.
280
(8)(a) Except as provided in Subsection (8)(b), a public health emergency declared by a
281
local health department expires at the earliest of:
282
(i) the local health department or the chief executive officer of the relevant county
283
finding that the threat or danger has passed or the public health emergency
284
reduced to the extent that emergency conditions no longer exist;
285
(ii) 30 days after the date on which the local health department declared the public
286
health emergency; or
287
(iii) the day on which the public health emergency is terminated by majority vote of
288
the county governing body.
289
(b)(i) The relevant county legislative body, by majority vote, may extend a public
290
health emergency for a time period designated by the county legislative body.
291
(ii) If the county legislative body extends a public health emergency as described in
292
Subsection (8)(b)(i), the public health emergency expires on the date designated
293
by the county legislative body.
294
(c) Except as provided in Subsection (8)(d), if a public health emergency declared by a
295
local health department expires as described in Subsection (8)(a), the local health
- 9 - H.B. 294 Enrolled Copy
296
department may not declare a public health emergency for the same illness or
297
occurrence that precipitated the previous public health emergency declaration.
298
(d)(i) Notwithstanding Subsection (8)(c), subject to Subsection (8)(f), if the local
299
health department finds that exigent circumstances exist, after providing notice to
300
the county legislative body, the department may declare a new public health
301
emergency for the same illness or occurrence that precipitated a previous public
302
health emergency declaration.
303
(ii) A public health emergency declared as described in Subsection (8)(d)(i) expires
304
in accordance with Subsection (8)(a) or (b).
305
(e) For a public health emergency declared by a local health department under this
306
chapter or under Title 26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine
307
Procedures for Communicable Diseases, the Legislature may terminate by joint
308
resolution a public health emergency that was declared based on exigent
309
circumstances or that has been in effect for more than 30 days.
310
(f) If the Legislature or county legislative body terminates a public health emergency
311
declared due to exigent circumstances as described in Subsection (8)(d)(i), the local
312
health department may not declare a new public health emergency for the same
313
illness, occurrence, or exigent circumstances.
314
[(9)(a) During a public health emergency declared under this chapter or under Title
315
26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine Procedures for
316
Communicable Diseases:]
317
[(i) except as provided in Subsection (9)(b), a local health department may not issue
318
an order of constraint without approval of the chief executive officer of the
319
relevant county;]
320
[(ii) the Legislature may at any time terminate by joint resolution an order of
321
constraint issued by a local health department in response to a declared public
322
health emergency that has been in effect for more than 30 days; and]
323
[(iii) a county governing body may at any time terminate by majority vote of the
324
governing body an order of constraint issued by a local health department in
325
response to a declared public health emergency.]
326
[(b)(i) Notwithstanding Subsection (9)(a)(i), a local health department may issue an
327
order of constraint without approval of the chief executive officer of the relevant
328
county if the passage of time necessary to obtain approval of the chief executive
329
officer of the relevant county as required in Subsection (9)(a)(i) would
- 10 - Enrolled Copy H.B. 294
330
substantially increase the likelihood of loss of life due to an imminent threat.]
331
[(ii) If a local health department issues an order of constraint as described in
332
Subsection (9)(b), the local health department shall notify the chief executive
333
officer of the relevant county before issuing the order of constraint.]
334
[(iii) The chief executive officer of the relevant county may terminate an order of
335
constraint issued as described in Subsection (9)(b) within 72 hours of issuance of
336
the order of constraint.]
337
[(c)(i) For a local health department that serves more than one county, the approval
338
described in Subsection (9)(a)(i) is required for the chief executive officer for
339
which the order of constraint is applicable.]
340
[(ii) For a local health department that serves more than one county, a county
341
governing body may only terminate an order of constraint as described in
342
Subsection (9)(a)(iii) for the county served by the county governing body.]
343
[(10)(a) During a public health emergency declared as described in this title:]
344
[(i) the department or a local health department may not impose an order of
345
constraint on a religious gathering that is more restrictive than an order of
346
constraint that applies to any other relevantly similar gathering; and]
347
[(ii) an individual, while acting or purporting to act within the course and scope of
348
the individual's official department or local health department capacity, may not:]
349
[(A) prevent a religious gathering that is held in a manner consistent with any
350
order of constraint issued pursuant to this title; or]
351
[(B) impose a penalty for a previous religious gathering that was held in a manner
352
consistent with any order of constraint issued pursuant to this title.]
353
[(b) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
354
prevent the violation of this Subsection (10).]
355
[(c)] (9)(a) During a public health emergency declared as described in this title, the
356
department or a local health department [shall] may not issue a public health order or
357
impose or implement a regulation that substantially burdens an individual's exercise
358
of religion unless the department or local health department demonstrates that the
359
application of the burden to the individual:
360
(i) is in furtherance of a compelling government interest; and
361
(ii) is the least restrictive means of furthering that compelling government interest.
362
[(d)] (b) Notwithstanding [Subsections (10)(a) and (c)] Subsection (9)(a), the department
363
or a local health department shall allow reasonable accommodations for an individual
- 11 - H.B. 294 Enrolled Copy
364
to perform or participate in a religious practice or rite.
365
[(11) An order of constraint issued by a local health department pursuant to a declared
366
public health emergency does not apply to a facility, property, or area owned or leased
367
by the state, including capitol hill, as defined in Section 63O-1-101.]
368
[(12)] (10) A local health department may not:
369
(a) require a person to obtain an inspection, license, or permit from the local health
370
department to engage in a practice described in Subsection 58-11a-304(5); [or]
371
(b) prevent or limit a person's ability to engage in a practice described in Subsection
372
58-11a-304(5) by:
373
(i) requiring the person to engage in the practice at a specific location or at a
374
particular type of facility or location; or
375
(ii) enforcing a regulation applicable to a facility or location where the person
376
chooses to engage in the practice[.] ; or
377
(c) issue an order of constraint under any circumstance.
378
Section 5. Section 26A-1-121 is amended to read:
379
26A-1-121 . Standards and regulations adopted by local board -- Local standards
380
not more stringent than federal or state standards -- Administrative and judicial review
381
of actions -- Regulations affecting religious practice.
382
(1)(a) [Subject to Subsection (1)(g), the ] The board may make standards and regulations:
383
(i) not in conflict with rules of the department or the Department of Environmental
384
Quality; and
385
(ii) necessary for the promotion of public health, environmental health quality, injury
386
control, and the prevention of outbreaks and spread of communicable and
387
infectious diseases.
388
(b) The standards and regulations under Subsection (1)(a):
389
(i) supersede existing local standards, regulations, and ordinances pertaining to
390
similar subject matter;
391
(ii) except where specifically allowed by federal law or state statute, may not be more
392
stringent than those established by federal law, state statute, or administrative
393
rules adopted by the department in accordance with Title 63G, Chapter 3, Utah
394
Administrative Rulemaking Act; and
395
(iii) notwithstanding Subsection (1)(b)(ii), may be more stringent than those
396
established by federal law, state statute, or administrative rule adopted by the
397
department if the standard or regulation is:
- 12 - Enrolled Copy H.B. 294
398
(A) in effect on February 1, 2022; and
399
(B) not modified or amended after February 1, 2022.
400
(c) The board shall provide public hearings prior to the adoption of any regulation or
401
standard.
402
(d) Notice of any public hearing shall be published at least twice throughout the county
403
or counties served by the local health department. The publication may be in one or
404
more newspapers, if the notice is provided in accordance with this Subsection (1)(d).
405
(e) The hearings may be conducted by the board at a regular or special meeting, or the
406
board may appoint hearing officers who may conduct hearings in the name of the
407
board at a designated time and place.
408
(f) A record or summary of the proceedings of a hearing shall be taken and filed with the
409
board.
410
[(g)(i) During a declared public health emergency declared under this chapter or
411
under Title 26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine
412
Procedures for Communicable Diseases:]
413
[(A) except as provided in Subsection (1)(h), a local health department may not
414
issue an order of constraint without approval of the chief executive officer of
415
the relevant county;]
416
[(B) the Legislature may at any time terminate by joint resolution an order of
417
constraint issued by a local health department in response to a declared public
418
health emergency that has been in effect for more than 30 days; and]
419
[(C) a county governing body may at any time terminate, by majority vote of the
420
governing body, an order of constraint issued by a local health department in
421
response to a declared public health emergency.]
422
[(ii)(A) For a local health department that serves more than one county, the
423
approval described in Subsection (1)(g)(i)(A) is required for the chief
424
executive officer for which the order of constraint is applicable.]
425
[(B) For a local health department that serves more than one county, a county
426
governing body may only terminate an order of constraint as described in
427
Subsection (1)(g)(i)(C) for the county served by the county governing body.]
428
[(h)(i) Notwithstanding Subsection (1)(g)(i)(A), a local health department may issue
429
an order of constraint without approval of the chief executive officer of the
430
relevant county if the passage of time necessary to obtain approval of the chief
431
executive officer of the relevant county as required in Subsection (1)(g)(i)(A)
- 13 - H.B. 294 Enrolled Copy
432
would substantially increase the likelihood of loss of life due to an imminent
433
threat.]
434
[(ii) If a local health department issues an order of constraint as described in
435
Subsection (1)(h)(i), the local health department shall notify the chief executive
436
officer of the relevant county before issuing the order of constraint.]
437
[(iii) The chief executive officer of the relevant county may terminate an order of
438
constraint issued as described in Subsection (1)(h)(i) within 72 hours of issuance
439
of the order of constraint.]
440
[(i)(i) During a public health emergency declared as described in this title:]
441
[(A) a local health department may not impose an order of constraint on a public
442
gathering that applies to a religious gathering differently than the order of
443
constraint applies to any other relevantly similar gathering; and]
444
[(B) an individual, while acting or purporting to act within the course and scope of
445
the individual's official local health department capacity, may not prevent a
446
religious gathering that is held in a manner consistent with any order of
447
constraint issued pursuant to this title, or impose a penalty for a previous
448
religious gathering that was held in a manner consistent with any order of
449
constraint issued pursuant to this title.]
450
[(ii) Upon proper grounds, a court of competent jurisdiction may grant an injunction
451
to prevent the violation of this Subsection (1)(i).]
452
[(iii)] (g)(i) During a public health emergency declared as described in this title, [the
453
department or ]a local health department [shall] may not issue a public health order
454
or impose or implement a regulation that substantially burdens an individual's
455
exercise of religion unless the department or local health department demonstrates
456
that the application of the burden to the individual:
457
(A) is in furtherance of a compelling government interest; and
458
(B) is the least restrictive means of furthering that compelling government interest.
459
[(iv)] (ii) Notwithstanding [Subsections (1)(i)(i) and (ii), the department or ]
460
Subsection (1)(g)(i), a local health department shall allow reasonable
461
accommodations for an individual to perform or participate in a religious practice
462
or rite.
463
[(j)] (h) If a local health department declares a public health emergency as described in
464
this chapter, and the local health department finds that the public health emergency
465
conditions warrant an extension of the public health emergency beyond the 30-day
- 14 - Enrolled Copy H.B. 294
466
term or another date designated by the local legislative body, the local health
467
department shall provide written notice to the local legislative body at least 10 days
468
before the expiration of the public health emergency.
469
(2)(a) A person aggrieved by an action or inaction of the local health department relating
470
to the public health shall have an opportunity for a hearing with the local health
471
officer or a designated representative of the local health department. The board shall
472
grant a subsequent hearing to the person upon the person's written request.
473
(b) In an adjudicative hearing, a member of the board or the hearing officer may
474
administer oaths, examine witnesses, and issue notice of the hearings or subpoenas in
475
the name of the board requiring the testimony of witnesses and the production of
476
evidence relevant to a matter in the hearing. The local health department shall make a
477
written record of the hearing, including findings of facts and conclusions of law.
478
(c) Judicial review of a final determination of the local board may be secured by a
479
person adversely affected by the final determination, or by the department or the
480
Department of Environmental Quality, by filing a petition in the district court within
481
30 days after receipt of notice of the board's final determination.
482
(d) The petition shall be served upon the secretary of the board and shall state the
483
grounds upon which review is sought.
484
(e) The board's answer shall certify and file with the court all documents and papers and
485
a transcript of all testimony taken in the matter together with the board's findings of
486
fact, conclusions of law, and order.
487
(f) The appellant and the board are parties to the appeal.
488
(g) The department and the Department of Environmental Quality may become a party
489
by intervention as in a civil action upon showing cause.
490
(h) A further appeal may be taken to the Court of Appeals under Section 78A-4-103.
491
(3) Nothing in the provisions of Subsection (1)(b)(ii) or (c), shall limit the ability of a local
492
health department board to make standards and regulations in accordance with
493
Subsection (1)(a) for:
494
(a) emergency rules made in accordance with Section 63G-3-304; or
495
(b) items not regulated under federal law, state statute, or state administrative rule.
496
Section 6. Section 26B-7-202 is amended to read:
497
26B-7-202 . Authority to investigate and control epidemic infections and
498
communicable disease.
499
(1) Subject to [Subsection (4) and ]the restrictions in this title, the department has authority
- 15 - H.B. 294 Enrolled Copy
500
to investigate and control the causes of epidemic infections and communicable disease,
501
and shall provide for the detection, reporting, prevention, and control of communicable
502
diseases and epidemic infections or any other health hazard which may affect the public
503
health.
504
(2) This part does not authorize the department to control the production, processing,
505
distribution, or sale price of local food in response to a public health emergency, as that
506
term is defined in Section 26B-7-301.
507
(3)(a) As part of the requirements of Subsection (1), the department shall distribute to
508
the public and to health care professionals:
509
(i) medically accurate information about sexually transmitted diseases that may cause
510
infertility and sterility if left untreated, including descriptions of:
511
(A) the probable side effects resulting from an untreated sexually transmitted
512
disease, including infertility and sterility;
513
(B) medically accepted treatment for sexually transmitted diseases;
514
(C) the medical risks commonly associated with the medical treatment of sexually
515
transmitted diseases; and
516
(D) suggested screening by a private physician or physician assistant; and
517
(ii) information about:
518
(A) public services and agencies available to assist individuals with obtaining
519
treatment for the sexually transmitted disease;
520
(B) medical assistance benefits that may be available to the individual with the
521
sexually transmitted disease; and
522
(C) abstinence before marriage and fidelity after marriage being the surest
523
prevention of sexually transmitted disease.
524
(b) The information described in Subsection (3)(a):
525
(i) shall be distributed by the department and by local health departments free of
526
charge; and
527
(ii) shall be relevant to the geographic location in which the information is distributed
528
by:
529
(A) listing addresses and telephone numbers for public clinics and agencies
530
providing services in the geographic area in which the information is
531
distributed; and
532
(B) providing the information in English as well as other languages that may be
533
appropriate for the geographic area.
- 16 - Enrolled Copy H.B. 294
534
(c)(i) Except as provided in Subsection (3)(c)(ii), the department shall develop
535
written material that includes the information described in this Subsection (3).
536
(ii) In addition to the written materials described in Subsection (3)(c)(i), the
537
department may distribute the information described in this Subsection (3) by any
538
other methods the department determines is appropriate to educate the public,
539
excluding public schools, including websites, toll free telephone numbers, and the
540
media.
541
(iii) If the information described in Subsection (3)(b)(ii)(A) is not included in the
542
written pamphlet developed by the department, the written material shall include
543
either a website, or a 24-hour toll free telephone number that the public may use to
544
obtain that information.
545
[(4)(a) The Legislature may at any time terminate by joint resolution an order of
546
constraint issued by the department as described in this section in response to a
547
declared public health emergency.]
548
[(b) A county governing body may at any time terminate by majority vote an order of
549
constraint issued by the relevant local health department as described in this section
550
in response to a declared public health emergency.]
551
Section 7. Section 26B-7-301 is amended to read:
552
26B-7-301 . Definitions.
553
As used in this part:
554
(1) "Bioterrorism" means:
555
(a) the intentional use of any microorganism, virus, infectious substance, or biological
556
product to cause death, disease, or other biological malfunction in a human, an
557
animal, a plant, or another living organism in order to influence, intimidate, or coerce
558
the conduct of government or a civilian population; and
559
(b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic
560
fevers.
561
(2) "Dangerous public health condition" means any of the following:
562
(a) a health condition that is:
563
(i) directly or indirectly caused by an act of bioterrorism, natural disaster, or human
564
created accident; and
565
(ii) transmittable to another individual;
566
(b) cholera;
567
[(b)] (c) pneumonic plague;
- 17 - H.B. 294 Enrolled Copy
568
[(c)] (d) severe acute respiratory syndrome;
569
[(d)] (e) smallpox;
570
[(e)] (f) tuberculosis;
571
[(f)] (g) any viral hemorrhagic fever;
572
[(g)] (h) measles; or
573
[(h)] (i) any infection:
574
(i) that is new, drug resistant, or reemerging;
575
(ii) that evidence suggests is likely to cause either high mortality or morbidity; and
576
(iii) only if the relevant legislative body of the county where the infection is located
577
approves as needing containment.
578
(3) "Diagnostic information" means a clinical facility's record of individuals who present
579
for treatment, including the reason for the visit, chief complaint, presenting diagnosis,
580
final diagnosis, and any pertinent lab results.
581
(4)(a) "Epidemic or pandemic disease"[:]
582
[(a)] means the occurrence in a community or region of cases of an illness clearly in
583
excess of normal expectancy[; and] .
584
(b) "Epidemic or pandemic disease" includes diseases designated by the department
585
which have the potential to cause serious illness or death.
586
(5) "Exigent circumstances" means a significant change in circumstances following the
587
expiration of a public health emergency declared in accordance with this title that:
588
(a) substantially increases the danger to public safety or health relative to the
589
circumstances in existence when the public health emergency expired;
590
(b) poses an imminent danger to public safety or health; and
591
(c) was not known or foreseen and could not have been known or foreseen at the time
592
the public health emergency expired.
593
(6) "First responder" means:
594
(a) a law enforcement officer as defined in Section 53-13-103;
595
(b) emergency medical service personnel as defined in Section 26B-4-101;
596
(c) firefighters; and
597
(d) public health personnel having jurisdiction over the location where an individual
598
subject to an order of restriction is found.
599
(7) "Health care provider" means the same as that term is defined in Section 78B-3-403.
600
(8) "Legislative emergency response committee" means the same as that term is defined in
601
Section 53-2a-203.
- 18 - Enrolled Copy H.B. 294
602
(9) "Local food" means the same as that term is defined in Section 4-1-109.
603
(10)(a) "Order of constraint" means an order, rule, or regulation [issued in response to a
604
declared public health emergency under this part, ]that:
605
(i) applies to all or substantially all:
606
(A) individuals or a certain group of individuals; or
607
(B) public places or certain types of public places; and
608
(ii) for the protection of the public health and in response to the declared public
609
health emergency:
610
(A) establishes, maintains, or enforces isolation or quarantine;
611
(B) establishes, maintains, or enforces a stay-at-home order;
612
(C) exercises physical control over property or individuals;
613
(D) requires an individual to perform a certain action or engage in certain
614
behavior; or
615
(E) closes theaters, schools, or other public places or prohibits gatherings of
616
people to protect the public health.
617
(b) "Order of constraint" includes a stay-at-home order.
618
(11) "Order of restriction" means an order issued by [a] the department, a local health
619
department, or a district court which requires an individual[ or group of individuals who
620
are subject to restriction] to:
621
(a) [ ]submit to an examination, treatment, isolation, or quarantine[.] ; or
622
(b) perform a certain action or engage in certain behavior.
623
(12)(a) "Public health emergency" means an occurrence or imminent credible threat of
624
an illness or health condition, caused by bioterrorism, epidemic or pandemic disease,
625
or novel and highly fatal infectious agent or biological toxin, that poses a substantial
626
risk of a significant number of human fatalities or incidents of permanent or
627
long-term disability.
628
(b) "Public health emergency" includes an illness or health condition resulting from a
629
natural disaster.
630
(13) "Public health official" means:
631
(a) the executive director or the executive director's authorized representative; or
632
(b) the executive director of a local health department or the executive director's
633
authorized representative.
634
(14) "Reportable emergency illness and health condition" includes the diseases, conditions,
635
or syndromes designated by the department.
- 19 - H.B. 294 Enrolled Copy
636
(15) "Stay-at-home order" means an order of constraint that:
637
(a) restricts movement of the general population to suppress or mitigate an epidemic or
638
pandemic disease by directing individuals within a defined geographic area to remain
639
in their respective residences; and
640
(b) may include exceptions for certain essential tasks.
641
(16) "Threat to public health" means a situation where a dangerous public health condition
642
could spread to other individuals.
643
(17) "Subject to restriction" as applied to an individual[, or a group of individuals,] means
644
the individual [or group of individuals ]could create a threat to public health.
645
Section 8. Section 26B-7-303 is amended to read:
646
26B-7-303 . Applicability -- Administrative procedures.
647
(1) Sections 26B-7-304 through 26B-7-315 apply to involuntary [examination, treatment,
648
isolation, and quarantine actions] orders of restriction applied to [individuals or groups of
649
individuals] an individual by the department or a local health department.
650
(2) The provisions of Sections 26B-7-304 through 26B-7-315 supersede the provisions of
651
Title 63G, Chapter 4, Administrative Procedures Act.
652
(3) The department may adopt rules in accordance with Title 63G, Chapter 3, Utah
653
Administrative Rulemaking Act, as necessary to administer the provisions of Sections
654
26B-7-304 through 26B-7-315.
655
Section 9. Section 26B-7-304 is amended to read:
656
26B-7-304 . Order of restriction.
657
(1) Subject to Subsection (5), the department or a local health department having
658
jurisdiction over the location where an individual [or a group of individuals who are]
659
who is subject to restriction [are] is found may:
660
(a) issue a written order of restriction for the individual [or group of individuals ]
661
pursuant to Section 26B-1-202 or Subsection 26A-1-114(1)(b) upon compliance with
662
the requirements of Sections 26B-7-304 through 26B-7-314; and
663
(b) issue a verbal order of restriction for an individual [or group of individuals ]pursuant
664
to Subsection (2)(c).
665
(2)(a) [A] The department or local health department's determination to issue an order of
666
restriction shall be based upon the totality of circumstances reported to and known by
667
the department or local health department, including:
668
(i) observation;
669
(ii) information that the department or local health department determines is credible
- 20 - Enrolled Copy H.B. 294
670
and reliable information; and
671
(iii) knowledge of current public health risks based on medically accepted guidelines
672
as may be established by the department by administrative rule.
673
(b) An order of restriction issued by the department or a local health department shall:
674
(i) in the opinion of the public health official, be for the shortest reasonable period of
675
time necessary to protect the public health;
676
(ii) use the least intrusive method of restriction that, in the opinion of the department
677
or local health department, is reasonable based on the totality of circumstances
678
known to the department or local health department issuing the order of restriction;
679
(iii) be in writing unless the provisions of Subsection (2)(c) apply; and
680
(iv) contain notice of an individual's rights as required in Section 26B-7-307.
681
(c)(i) The department or a local health department may issue a verbal order of
682
restriction, without prior notice to the individual[ or group of individuals] if the
683
delay in imposing a written order of restriction would significantly jeopardize the
684
department or local health department's ability to prevent or limit a threat to public
685
health.
686
(ii) A verbal order of restriction issued under Subsection (2)(c)(i):
687
(A) is valid for 24 hours from the time the order of restriction is issued;
688
(B) may be verbally communicated to the [individuals or group of individuals]
689
individual subject to restriction by a first responder;
690
(C) may be enforced by the first responder until the department or local health
691
department is able to establish and maintain the place of restriction; and
692
(D) may only be continued beyond the initial 24 hours if a written order of
693
restriction is issued pursuant to the provisions of Section 26B-7-307.
694
(d) The department or a local health department may not issue an order of restriction that
695
applies to more than one individual.
696
(3) Pending issuance of a written order of restriction under Section 26B-7-307, or judicial
697
review of an order of restriction under Section 26B-7-311, an individual who is subject
698
to the order of restriction may be required to submit to involuntary examination,
699
quarantine, isolation, or treatment in the individual's home, a hospital, or any other
700
suitable facility under reasonable conditions prescribed by the department or local health
701
department.
702
(4) The department or local health department that issued the order of restriction shall take
703
reasonable measures, including the provision of medical care, as may be necessary to
- 21 - H.B. 294 Enrolled Copy
704
assure proper care related to the reason for the involuntary examination, treatment,
705
isolation, or quarantine of an individual ordered to submit to an order of restriction.
706
(5)(a) The Legislature may at any time terminate by joint resolution an order of
707
restriction issued by the department or local health department as described in this
708
section in response to a declared public health emergency.
709
(b) A county governing body may at any time terminate by majority vote an order of
710
restriction issued by the relevant local health department under this section issued in
711
response to a declared public health emergency.
712
Section 10. Section 26B-7-304.5 is enacted to read:
713
26B-7-304.5 . Order of constraint prohibited.
714
The department and a local health department may not issue an order of constraint under
715
any circumstance.
716
Section 11. Section 26B-7-305 is amended to read:
717
26B-7-305 . Consent to order of restriction -- Periodic review.
718
(1)(a) The department or a local health department shall either seek judicial review of an
719
order of restriction under Sections 26B-7-309 through 26B-7-311, or obtain the
720
consent of an individual subject to an order of restriction.
721
(b) If the department or a local health department obtains consent, the consent shall be in
722
writing and shall inform the individual[ or group of individuals]:
723
(i) of the terms and duration of the order of restriction;
724
(ii) of the importance of complying with the order of restriction to protect the public's
725
health;
726
(iii) that [each] the individual has the right to agree to the order of restriction, or
727
refuse to agree to the order of restriction and seek a judicial review of the order of
728
restriction;
729
(iv) that for any individual who consents to the order of restriction:
730
(A) the order of restriction will not be reviewed by the court unless the individual
731
withdraws consent to the order of restriction in accordance with Subsection
732
(1)(b)(iv)(B); and
733
(B) the individual shall notify the department or local health department in
734
writing, with at least five business day's notice, if the individual intends to
735
withdraw consent to the order of restriction; and
736
(v) that a breach of a consent agreement prior to the end of the order of restriction
737
may subject the individual to an involuntary order of restriction under Section
- 22 - Enrolled Copy H.B. 294
738
26B-7-306.
739
(2)(a) The department or local health department responsible for the care of an
740
individual who has consented to the order of restriction shall periodically reexamine
741
the reasons upon which the order of restriction was based. This reexamination shall
742
occur at least once every six months.
743
(b)(i) If at any time, the department or local health department determines that the
744
conditions justifying the order of restriction for [either a group or ]an individual
745
no longer exist, the department or local health department shall immediately
746
discharge the individual[ or group] from the order of restriction.
747
(ii) If the department or local health department determines that the conditions
748
justifying the order of restriction continue to exist, the department or local health
749
department shall send to the individual a written notice of:
750
(A) the department or local health department's findings, the expected duration of
751
the order of restriction, and the reason for the decision; and
752
(B) the individual's right to a judicial review of the order of restriction by the court
753
if requested by the individual.
754
(iii) Upon request for judicial review by an individual, the department or local health
755
department shall:
756
(A) file a petition with the court within five business days after the individual's
757
request for a judicial review; and
758
(B) proceed under Sections 26B-7-309 through 26B-7-311.
759
Section 12. Section 26B-7-306 is amended to read:
760
26B-7-306 . Involuntary order of restriction -- Notice -- Effect of order during
761
judicial review.
762
(1) If the department or local health department cannot obtain consent to the order of
763
restriction from an individual, or if an individual withdraws consent to an order under
764
Subsection 26B-7-305(1)(b)(iv)(B), the department or local health department shall:
765
(a) give the individual[ or group of individuals] subject to the order of restriction a
766
written notice of:
767
(i) the order of restriction and any supporting documentation; and
768
(ii) the individual's right to a judicial review of the order of restriction; and
769
(b) file a petition for a judicial review of the order of restriction under Section 26B-7-309
770
in court within:
771
(i) five business days after issuing the written notice of the order of restriction; or
- 23 - H.B. 294 Enrolled Copy
772
(ii) if consent has been withdrawn under Subsection 26B-7-305(1)(b)(iv)(B), within
773
five business days after receiving notice of the individual's withdrawal of consent.
774
(2)(a) An order of restriction remains in effect during any judicial proceedings to review
775
the order of restriction if the department or local health department files a petition for
776
judicial review of the order of restriction within the period of time required by this
777
section.
778
(b) Law enforcement officers with jurisdiction in the area where the individual who is
779
subject to the order of restriction can be located shall assist the department or local
780
health department with enforcing the order of restriction.
781
Section 13. Section 26B-7-307 is amended to read:
782
26B-7-307 . Contents of notice of order of restriction -- Rights of individuals.
783
(1) A written order of restriction issued by a department or local health department shall
784
include the following information:
785
(a) the identity of the individual [or a description of the group of individuals ]subject to
786
the order of restriction;
787
(b) the identity or location of any premises that may be subject to restriction;
788
(c) the date and time for which the restriction begins and the expected duration of the
789
restriction;
790
(d) the suspected dangerous public health condition that poses a threat to public health;
791
(e) the requirements for termination of the order of restriction, such as necessary
792
laboratory reports, the expiration of an incubation period, or the completion of
793
treatment for the communicable disease;
794
(f) any conditions on the restriction, such as limitation of visitors or requirements for
795
medical monitoring;
796
(g) the medical or scientific information upon which the restriction is based;
797
(h) a statement advising of the right to a judicial review of the order of restriction by the
798
court; and
799
(i) pursuant to Subsection (2), the rights of each individual subject to restriction.
800
(2) An individual subject to restriction has the following rights:
801
(a) the right to be represented by legal counsel in any judicial review of the order of
802
restriction in accordance with Subsection 26B-7-309(3);
803
(b) the right to be provided with prior notice of the date, time, and location of any
804
hearing concerning the order of restriction;
805
(c) the right to participate in any hearing, in a manner established by the court based on
- 24 - Enrolled Copy H.B. 294
806
precautions necessary to prevent additional exposure to communicable or possibly
807
communicable diseases or to protect the public health;
808
(d) the right to respond and present evidence and arguments on the individual's own
809
behalf in any hearing;
810
(e) the right to cross examine witnesses; and
811
(f) the right to review and copy all records in the possession of the department that
812
issued the order of restriction which relate to the subject of the written order of
813
restriction.
814
[(3)(a) Notwithstanding the provisions of Subsection (1), if the department or a local
815
health department issues an order of restriction for a group of individuals, the
816
department or local health department may modify the method of providing notice to
817
the group or modify the information contained in the notice, if the public health
818
official determines the modification of the notice is necessary to:]
819
[(i) protect the privacy of medical information of individuals in the group; or]
820
[(ii) provide notice to the group in a manner that will efficiently and effectively
821
notify the individuals in the group within the period of time necessary to protect
822
the public health.]
823
[(b) When the department or a local health department modifies notice to a group of
824
individuals under Subsection (3)(a), the department or local health department shall
825
provide each individual in the group with notice that complies with the provisions of
826
Subsection (1) as soon as reasonably practical.]
827
[(4)] (3)(a) In addition to the rights of an individual described in Subsections (1) and (2),
828
an individual subject to an order of restriction may not be terminated from
829
employment if the reason for termination is based solely on the fact that the
830
individual is or was subject to an order of restriction.
831
(b) The department or local health department issuing the order of restriction shall give
832
the individual subject to the order of restriction notice of the individual's employment
833
rights under Subsection [(4)(a)] (3)(a).
834
(c) An employer in the state, including an employer who is the state or a political
835
subdivision of the state, may not violate the provisions of Subsection [(4)(a)] (3)(a).
836
Section 14. Section 26B-7-310 is amended to read:
837
26B-7-310 . Petition for judicial review of order of restriction -- Court-ordered
838
examination period.
839
(1)(a) A department may petition for a judicial review of the department's order of
- 25 - H.B. 294 Enrolled Copy
840
restriction for an individual [or group of individuals who are] who is subject to
841
restriction by filing a written petition with the court of the county in which the
842
individual [or group of individuals reside] resides or [are] is located.
843
(b)(i) The county attorney for the county where the individual [or group of
844
individuals reside or are] resides or is located shall represent the local health
845
department in any proceedings under Sections 26B-7-304 through 26B-7-314.
846
(ii) The Office of the Attorney General shall represent the department when the
847
petitioner is the department in any proceedings under Sections 26B-7-304 through
848
26B-7-314.
849
(2) The petition under Subsection (1) shall be accompanied by:
850
(a) written affidavit of the department stating:
851
(i) a belief the individual [or group of individuals are] is subject to restriction;
852
(ii) a belief that the individual [or group of individuals who are subject to restriction
853
are] is likely to fail to submit to examination, treatment, quarantine, or isolation if
854
not immediately restrained;
855
(iii) this failure would pose a threat to the public health; and
856
(iv) the personal knowledge of the individual's [or group of individuals' ]condition or
857
the circumstances that lead to that belief; and
858
(b) a written statement by a licensed physician or physician assistant indicating the
859
physician or physician assistant finds the individual [or group of individuals are] is
860
subject to restriction.
861
(3) The court shall issue an order of restriction requiring the individual[ or group of
862
individuals] to submit to involuntary restriction to protect the public health if the court
863
finds:
864
(a) there is a reasonable basis to believe that the individual's [or group of individuals' ]
865
condition requires involuntary examination, quarantine, treatment, or isolation
866
pending examination and hearing; or
867
(b) the individual [or group of individuals have] has refused to submit to examination by
868
a health professional as directed by the department or to voluntarily submit to
869
examination, treatment, quarantine, or isolation.
870
(4) If the individual [or group of individuals who are] who is subject to restriction [are] is not
871
in custody, the court may make [its] the court's determination and issue [its] an order of
872
restriction in an ex parte hearing.
873
(5) At least 24 hours prior to the hearing required by Section 26B-7-311, the department
- 26 - Enrolled Copy H.B. 294
874
which is the petitioner, shall report to the court, in writing, the opinion of qualified
875
health care providers:
876
(a) regarding whether the individual [or group of individuals are] is infected by or
877
contaminated with a dangerous public health condition;
878
(b) that despite the exercise of reasonable diligence, the diagnostic studies have not been
879
completed;
880
(c) whether the individual [or group of individuals have] has agreed to voluntarily
881
comply with necessary examination, treatment, quarantine, or isolation; and
882
(d) whether the petitioner believes the individual [or group of individuals ]will comply
883
without court proceedings.
884
Section 15. Section 26B-7-311 is amended to read:
885
26B-7-311 . Court determination for an order of restriction after examination
886
period.
887
(1) The court shall set a hearing regarding the involuntary order of restriction of an
888
individual[ or group of individuals], to be held within 10 business days of the issuance
889
of its order of restriction issued pursuant to Section 26B-7-310, unless the petitioner
890
informs the court prior to this hearing that the individual[ or group of individuals]:
891
(a) [are ] is not subject to restriction; or
892
(b) [have] has stipulated to the issuance of an order of restriction.
893
(2) If the individual [or an individual in a group of individuals ]has stipulated to the
894
issuance of an order of restriction, the court may issue an order as provided in
895
Subsection (6) for those individuals without further hearing.
896
(3)(a) If the examination report required in Section 26B-7-310 proves the individual [or
897
group of individuals are] is not subject to restriction, the court may without further
898
hearing terminate the proceedings and dismiss the petition.
899
(b) The court may, after a hearing at which the individual [or group of individuals are] is
900
present in person or by telephonic or other electronic means and [have] has had the
901
opportunity to be represented by counsel, extend [its] the court's order of restriction
902
for a reasonable period, not to exceed 90 days, if the court has reason to believe the
903
individual [or group of individuals are] is infected by or contaminated with a
904
dangerous public health condition.
905
(4) The petitioner shall, at the time of the hearing, provide the court with the following
906
items, to the extent that they have been issued or are otherwise available:
907
(a) the order of restriction issued by the petitioner;
- 27 - H.B. 294 Enrolled Copy
908
(b) admission notes if any individual was hospitalized; and
909
(c) medical records pertaining to the current order of restriction.
910
(5) The information provided to the court under Subsection (4) shall also be provided to the
911
individual's [or group of individual's ]counsel at the time of the hearing, and at any time
912
prior to the hearing upon request of counsel.
913
(6)(a) The court shall order the individual [and each individual in a group of individuals ]
914
to submit to the order of restriction if, upon completion of the hearing and
915
consideration of the record, [it] the court finds by clear and convincing evidence that:
916
(i) the individual [or group of individuals are ] is infected with a dangerous public
917
health condition that poses a threat to public health;
918
(ii) there is no appropriate and less restrictive alternative to a court order of
919
examination, quarantine, isolation, and treatment, or any of them;
920
(iii) the petitioner can provide the individual or group of individuals with treatment
921
that is adequate and appropriate to the individual's [or group of individuals'
922
conditions] condition and needs; and
923
(iv) it is in the public interest to order the individual [or group of individuals ]to
924
submit to involuntary examination, quarantine, isolation, and treatment, or any of
925
them after weighing the following factors:
926
(A) the personal or religious beliefs, if any, of the individual that are opposed to
927
medical examination or treatment;
928
(B) the ability of the department to control the public health threat with treatment
929
alternatives that are requested by the individual;
930
(C) the economic impact for the department if the individual is permitted to use an
931
alternative to the treatment recommended by the department; and
932
(D) other relevant factors as determined by the court.
933
(b) If upon completion of the hearing the court does not find all of the conditions listed
934
in Subsection (6)(a) exist, the court shall immediately dismiss the petition.
935
(7) The order of restriction shall designate the period, subject to Subsection (8), for which
936
the individual [or group of individuals ]shall be examined, treated, isolated, or
937
quarantined.
938
(8)(a) The order of restriction may not exceed six months without benefit of a court
939
review hearing.
940
(b)(i) The court review hearing shall be held prior to the expiration of the order of
941
restriction issued under Subsection (7).
- 28 - Enrolled Copy H.B. 294
942
(ii) At the review hearing the court may issue an order of restriction for up to an
943
indeterminate period, if the court enters a written finding in the record
944
determining by clear and convincing evidence that the required conditions in
945
Subsection (6) will continue for an indeterminate period.
946
Section 16. Section 26B-7-317 is amended to read:
947
26B-7-317 . Authorization to report -- Declaration of a public health emergency
948
-- Termination of a public health emergency.
949
(1) A health care provider is authorized to report to the department any case of a [reportable
950
emergency illness or health] dangerous public health condition in any person when:
951
(a) the health care provider knows of a confirmed case; or
952
(b) the health care provider believes, based on the health care provider's professional
953
judgment that a person likely harbors a [reportable emergency illness or] dangerous
954
public health condition.
955
(2) A report pursuant to this section shall include, if known:
956
(a) the name of the facility submitting the report;
957
(b) a patient identifier that allows linkage with the patient's record for follow-up
958
investigation if needed;
959
(c) the date and time of visit;
960
(d) the patient's age and sex;
961
(e) the zip code of the patient's residence;
962
(f) the reportable illness or condition detected or suspected;
963
(g) diagnostic information and, if available, diagnostic codes assigned to the visit; and
964
(h) whether the patient was admitted to the hospital.
965
(3)(a) Subject to [Subsections (3)(b) and] Subsection (4), if the department determines
966
that a public health emergency exists, the department may, with the concurrence of
967
the governor and the executive director or in the absence of the executive director,
968
the executive director's designee, declare a public health emergency[, issue an order
969
of constraint,] and mandate reporting under this section for a limited reasonable
970
period of time, as necessary to respond to the public health emergency.
971
[(b)(i) During a public health emergency that has been in effect for more than 30
972
days, the department may not issue an order of constraint until the department has
973
provided notice of the proposed action to the legislative emergency response
974
committee no later than 24 hours before the department issues the order of
975
constraint.]
- 29 - H.B. 294 Enrolled Copy
976
[(ii) The department:]
977
[(A) shall provide the notice required by Subsection (3)(b)(i) using the best
978
available method under the circumstances as determined by the executive
979
director;]
980
[(B) may provide the notice required by Subsection (3)(b)(i) in electronic format;
981
and]
982
[(C) shall provide the notice in written form, if practicable.]
983
[(c)] (b) The department may not mandate reporting under this subsection for more than
984
90 days.
985
(4)(a) Except as provided in Subsection (4)(b), a public health emergency declared by
986
the department as described in Subsection (3) expires at the earliest of:
987
(i) the day on which the department or the governor finds that the threat or danger has
988
passed or the public health emergency reduced to the extent that emergency
989
conditions no longer exist;
990
(ii) 30 days after the date on which the department declared the public health
991
emergency; or
992
(iii) the day on which the public health emergency is terminated by a joint resolution
993
of the Legislature.
994
(b)(i) The Legislature, by joint resolution, may extend a public health emergency for
995
a time period designated in the joint resolution.
996
(ii) If the Legislature extends a public health emergency as described in Subsection
997
(4)(b)(i), the public health emergency expires on the date designated by the
998
Legislature.
999
(c) Except as provided in Subsection (4)(d), if a public health emergency declared by the
1000
department expires as described in Subsection (4)(a) or (b), the department may not
1001
declare a public health emergency for the same illness or occurrence that precipitated
1002
the previous public health emergency declaration.
1003
(d)(i) Notwithstanding Subsection (4)(c), subject to Subsection (4)(e), if the
1004
department finds that exigent circumstances exist, after providing notice to the
1005
Legislature, the department may declare a new public health emergency for the
1006
same illness or occurrence that precipitated a previous public health emergency
1007
declaration.
1008
(ii) A public health emergency declared as described in Subsection (4)(d)(i) expires
1009
in accordance with Subsection (4)(a) or (b).
- 30 - Enrolled Copy H.B. 294
1010
(e) If the Legislature terminates a public health emergency declared due to exigent
1011
circumstances as described in Subsection (4)(d)(i), the department may not declare a
1012
new public health emergency for the same illness, occurrence, or exigent
1013
circumstances.
1014
[(5) During a declared public health emergency declared under this title:]
1015
[(a) the Legislature may:]
1016
[(i) at any time by joint resolution terminate an order of constraint issued by the
1017
department; or]
1018
[(ii) by joint resolution terminate an order of constraint issued by a local health
1019
department in response to a public health emergency that has been in effect for
1020
more than 30 days; and]
1021
[(b) a county legislative body may at any time terminate an order of constraint issued by
1022
a local health department in response to a declared public health emergency.]
1023
[(6)] (5)(a)(i) If the department declares a public health emergency as described in this
1024
part, and the department finds that the public health emergency conditions warrant
1025
an extension of the public health emergency beyond the 30-day term or another
1026
date designated by the Legislature as described in this section, the department
1027
shall provide written notice to the speaker of the House of Representatives and the
1028
president of the Senate at least 10 days before the expiration of the public health
1029
emergency.
1030
(ii) If a local health department declares a public health emergency as described in [
1031
this part] Title 26A, Local Health Authorities, and the local health department
1032
finds that the public health emergency conditions warrant an extension of the
1033
public health emergency beyond the 30-day term or another date designated by the
1034
county governing body as described in this section, the local health department
1035
shall provide written notice to the county governing body at least 10 days before
1036
the expiration of the public health emergency.
1037
(b) If the department provides notice as described in Subsection [(6)(a)(i)] (5)(a)(i) for a
1038
public health emergency within the first 30 days from the initial declaration of the
1039
public health emergency, the speaker of the House of Representatives and the
1040
president of the Senate:
1041
(i) shall poll the members of their respective bodies to determine whether the
1042
Legislature will extend the public health emergency; and
1043
(ii) may jointly convene the committee created in Section 53-2a-218.
- 31 - H.B. 294 Enrolled Copy
1044
(c) If the department provides notice as described in Subsection [(6)(a)(i)] (5)(a)(i) for a
1045
public health emergency that has been extended beyond the 30 days from the initial
1046
declaration of the public health emergency, the speaker of the House of
1047
Representatives and the president of the Senate shall jointly convene the committee
1048
created in Section 53-2a-218.
1049
[(7)] (6) If the committee created in Section 53-2a-218 is convened as described in
1050
Subsection [(6)] (5), the committee shall conduct a public meeting to:
1051
(a) discuss the nature of the public health emergency and conditions of the public health
1052
emergency;
1053
(b) evaluate options for public health emergency response;
1054
(c) receive testimony from individuals with expertise relevant to the current public
1055
health emergency;
1056
(d) receive testimony from members of the public; and
1057
(e) provide a recommendation to the Legislature whether to extend the public health
1058
emergency by joint resolution.
1059
[(8)(a) During a public health emergency declared as described in this title:]
1060
[(i) the department or a local health department may not impose an order of
1061
constraint on a religious gathering that is more restrictive than an order of
1062
constraint that applies to any other relevantly similar gathering; and]
1063
[(ii) an individual, while acting or purporting to act within the course and scope of
1064
the individual's official department or local health department capacity, may not:]
1065
[(A) prevent a religious gathering that is held in a manner consistent with any
1066
order of constraint issued pursuant to this title; or]
1067
[(B) impose a penalty for a previous religious gathering that was held in a manner
1068
consistent with any order of constraint issued pursuant to this title.]
1069
[(b) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
1070
prevent the violation of this Subsection (8).]
1071
[(c)] (7)(a) During a public health emergency declared as described in this title, the
1072
department or a local health department [shall] may not issue a public health order or
1073
impose or implement a regulation that substantially burdens an individual's exercise
1074
of religion unless the department or local health department demonstrates that the
1075
application of the burden to the individual:
1076
(i) is in furtherance of a compelling government interest; and
1077
(ii) is the least restrictive means of furthering that compelling government interest.
- 32 - Enrolled Copy H.B. 294
1078
[(d)] (b) Notwithstanding [Subsections (8)(a) and (c)] Subsection (7)(a), the department
1079
or a local health department shall allow reasonable accommodations for an individual
1080
to perform or participate in a religious practice or rite.
1081
[(9)] (8)(a) Unless the provisions of Subsection (3) apply, a health care provider is not
1082
subject to penalties for failing to submit a report under this section.
1083
(b) If the provisions of Subsection (3) apply, a health care provider is subject to the
1084
penalties of Subsection 26B-7-316(3) for failure to make a report under this section.
1085
Section 17. Section 26B-7-321 is amended to read:
1086
26B-7-321 . Investigation of suspected bioterrorism and diseases -- Termination
1087
of orders of constraint.
1088
(1) [Subject to Subsection (6), the ] The department shall:
1089
(a) ascertain the existence of cases of an illness or condition caused by the factors
1090
described in Subsections 26B-7-316(1) and 26B-7-317(1);
1091
(b) investigate all such cases for sources of infection or exposure;
1092
(c) ensure that any cases, suspected cases, and exposed persons are subject to proper
1093
control measures; and
1094
(d) define the distribution of the suspected illness or health condition.
1095
(2)(a) Acting on information received from the reports required by Sections 26B-7-316
1096
through 26B-7-320, or other reliable information, the department shall identify all
1097
individuals thought to have been exposed to an illness or condition described in
1098
Subsection 26B-7-316(1).
1099
(b) The department may request information from a health care provider concerning an
1100
individual's identifying information as described in Subsection 26B-7-316(2)(b)
1101
when:
1102
(i) the department is investigating a potential illness or condition described in
1103
Subsection 26B-7-316(1) and the health care provider has not submitted a report
1104
to the department with the information requested; or
1105
(ii) the department has received a report from a pharmacist under Section 26B-7-318,
1106
a medical laboratory under Section 26B-7-319, or another health care provider
1107
under Subsection 26B-7-317(1) and the department believes that further
1108
investigation is necessary to protect the public health.
1109
(c) A health care provider shall submit the information requested under this section to
1110
the department within 24 hours after receiving a request from the department.
1111
(3) The department shall counsel and interview identified individuals as appropriate to:
- 33 - H.B. 294 Enrolled Copy
1112
(a) assist in the positive identification of other cases and exposed individuals;
1113
(b) develop information relating to the source and spread of the illness or condition; and
1114
(c) obtain the names, addresses, phone numbers, or other identifying information of any
1115
other person from whom the illness or health condition may have been contracted and
1116
to whom the illness or condition may have spread.
1117
(4) The department shall, for examination purposes, close, evacuate, or decontaminate any
1118
facility when the department reasonably believes that such facility or material may
1119
endanger the public health due to a condition or illness described in Subsection
1120
26B-7-316(1).
1121
(5) The department shall destroy personally identifying health information about an
1122
individual collected by the department as a result of a report under Sections 26B-7-316
1123
through 26B-7-322 upon the earlier of:
1124
(a) the department's determination that the information is no longer necessary to carry
1125
out an investigation under Sections 26B-7-316 through 26B-7-324; or
1126
(b) 180 days after the information is collected.
1127
[(6)(a) The Legislature may at any time terminate by joint resolution an order of
1128
constraint issued by the department in response to a declared public health
1129
emergency.]
1130
[(b) A county governing body may at any time terminate by majority vote an order of
1131
constraint issued by the relevant local health department in response to a declared
1132
public health emergency.]
1133
Section 18. Effective date.
1134
This bill takes effect on May 7, 2025.
- 34 -