26B-7-218. Protection from examination in legal proceedings — Exceptions.
| (1) |
Except as provided in Subsection (2), an officer or employee of the department or of a local health department may not be examined in a legal proceeding of any kind or character as to the existence or content of information retained pursuant to Sections 26B-7-201 through 26B-7-223 or obtained as a result of an investigation conducted pursuant to Sections 26B-7-201 through 26B-7-223, without the written consent of the individual who is identified in the information or, if that individual is deceased, the consent of the individual’s next-of-kin. |
Terms Used In Utah Code 26B-7-218
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Isolation: means the separation, for the period of communicability, of infected individuals or animals from others, in such places and under such conditions as to prevent the direct or indirect conveyance of the infectious agent from those infected to those who are susceptible or who may spread the agent to others. See Utah Code 26B-7-201
- Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
- Quarantine: means the restriction of the activities of well individuals or animals who have been exposed to a communicable disease during its period of communicability to prevent disease transmission. See Utah Code 26B-7-201
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
| (2) |
This section does not restrict testimony and evidence provided by an employee or officer of the department or a local health department about:
| (a) |
persons who are under restrictive actions taken by the department in accordance with Subsection 26B-7-217(2)(e); or |
| (b) |
individuals or groups of individuals subject to examination, treatment, isolation, and quarantine actions under 3. |
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Renumbered and Amended by Chapter 308, 2023 General Session
