26B-7-202.  Authority to investigate and control epidemic infections and communicable disease.

(1)  Subject to Subsection (3) and the restrictions in this title, the department has authority to investigate and control the causes of epidemic infections and communicable disease, and shall provide for the detection, reporting, prevention, and control of communicable diseases and epidemic infections or any other health hazard which may affect the public health.

Terms Used In Utah Code 26B-7-202

  • Communicable disease: means illness due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from a reservoir to a susceptible host, either directly, as from an infected individual or animal, or indirectly, through an intermediate plant or animal host, vector, or the inanimate environment. See Utah Code 26B-7-201
  • Epidemic: means the occurrence or outbreak in a community or region of cases of an illness clearly in excess of normal expectancy and derived from a common or propagated source. See Utah Code 26B-7-201
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
  • Order of constraint: means the same as that term is defined in Section 26B-7-301. See Utah Code 26B-7-201
  • Sexually transmitted disease: means those diseases transmitted through sexual intercourse or any other sexual contact. See Utah Code 26B-7-201
(2) 

(a)  As part of the requirements of Subsection (1), the department shall distribute to the public and to health care professionals:

(i)  medically accurate information about sexually transmitted diseases that may cause infertility and sterility if left untreated, including descriptions of:

(A)  the probable side effects resulting from an untreated sexually transmitted disease, including infertility and sterility;

(B)  medically accepted treatment for sexually transmitted diseases;

(C)  the medical risks commonly associated with the medical treatment of sexually transmitted diseases; and

(D)  suggested screening by a private physician or physician assistant; and

(ii)  information about:

(A)  public services and agencies available to assist individuals with obtaining treatment for the sexually transmitted disease;

(B)  medical assistance benefits that may be available to the individual with the sexually transmitted disease; and

(C)  abstinence before marriage and fidelity after marriage being the surest prevention of sexually transmitted disease.

(b)  The information required by Subsection (2)(a):

(i)  shall be distributed by the department and by local health departments free of charge;

(ii)  shall be relevant to the geographic location in which the information is distributed by:

(A)  listing addresses and telephone numbers for public clinics and agencies providing services in the geographic area in which the information is distributed; and

(B)  providing the information in English as well as other languages that may be appropriate for the geographic area.

(c) 

(i)  Except as provided in Subsection (2)(c)(ii), the department shall develop written material that includes the information required by this Subsection (2).

(ii)  In addition to the written materials required by Subsection (2)(c)(i), the department may distribute the information required by this Subsection (2) by any other methods the department determines is appropriate to educate the public, excluding public schools, including websites, toll free telephone numbers, and the media.

(iii)  If the information required by Subsection (2)(b)(ii)(A) is not included in the written pamphlet developed by the department, the written material shall include either a website, or a 24-hour toll free telephone number that the public may use to obtain that information.

(3) 

(a)  The Legislature may at any time terminate by joint resolution an order of constraint issued by the department as described in this section in response to a declared public health emergency.

(b)  A county governing body may at any time terminate by majority vote an order of constraint issued by the relevant local health department as described in this section in response to a declared public health emergency.

Renumbered and Amended by Chapter 308, 2023 General Session