26A-1-108.  Jurisdiction and duties of local health departments — Registration as a limited purpose entity.

(1) 

Terms Used In Utah Code 26A-1-108

  • Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 26A-1-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Local health department: means :
(a) a single county local health department;
(b) a multicounty local health department;
(c) a united local health department; or
(d) a multicounty united local health department. See Utah Code 26A-1-102
  • Order of constraint: includes a stay-at-home order. See Utah Code 26A-1-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public health emergency: means the same as that term is defined in Section 26B-7-301. See Utah Code 26A-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  Except as provided in Subsection (1)(b), a local health department has jurisdiction in all unincorporated and incorporated areas of the county or counties in which it is established and shall enforce state health laws, Department of Health, Department of Environmental Quality, and local health department rules, regulations, and standards within those areas.

    (b)  Notwithstanding Subsection (1)(a), a local health department’s jurisdiction or authority to issue an order of constraint pursuant to a declared public health emergency does not apply to any facility, property, or area owned or leased by the state, including the capitol hill complex, as that term is defined in Section 63C-9-102.

    (2) 

    (a)  Each local health department shall register and maintain the local health department’s registration as a limited purpose entity, in accordance with Section 67-1a-15.

    (b)  A local health department that fails to comply with Subsection (2)(a) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.

    Amended by Chapter 39, 2022 General Session