Utah Code 26B-7-301. Definitions

26B-7-301. Definitions.
As used in this part:

(1)

“Bioterrorism” means:

Terms Used In Utah Code 26B-7-301

Bioterrorism: means :

(a)

the intentional use of any microorganism, virus, infectious substance, or biological product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism in order to influence, intimidate, or coerce the conduct of government or a civilian population; and

(b)

includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers. See Utah Code 26B-7-301

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-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 the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102

Order of constraint: includes a stay-at-home order. See Utah Code 26B-7-301

Property: includes both real and personal property. See Utah Code 68-3-12.5

Public health emergency: means an occurrence or imminent credible threat of an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agent or biological toxin, that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. See Utah Code 26B-7-301

Stay-at-home order: means an order of constraint that:

(a)	restricts movement of the general population to suppress or mitigate an epidemic or pandemic disease by directing individuals within a defined geographic area to remain in their respective residences; and

(b)	may include exceptions for certain essential tasks. See Utah Code 26B-7-301
(a)	the intentional use of any microorganism, virus, infectious substance, or biological product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism in order to influence, intimidate, or coerce the conduct of government or a civilian population; and

(b)	includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers.

(2)	“Diagnostic information” means a clinical facility’s record of individuals who present for treatment, including the reason for the visit, chief complaint, presenting diagnosis, final diagnosis, and any pertinent lab results.

(3)

“Epidemic or pandemic disease”:

(a)	means the occurrence in a community or region of cases of an illness clearly in excess of normal expectancy; and

(b)	includes diseases designated by the department which have the potential to cause serious illness or death.

(4)

“Exigent circumstances” means a significant change in circumstances following the expiration of a public health emergency declared in accordance with this title that:

(a)	substantially increases the threat to public safety or health relative to the circumstances in existence when the public health emergency expired;

(b)	poses an imminent threat to public safety or health; and

(c)	was not known or foreseen and could not have been known or foreseen at the time the public health emergency expired.

(5)

“First responder” means:

(a)	a law enforcement officer as defined in Section 53-13-103;

(b)	emergency medical service personnel as defined in Section 26B-4-101;

(c)	firefighters; and

(d)	public health personnel having jurisdiction over the location where an individual subject to restriction is found.

(6)	“Health care provider” means the same as that term is defined in Section 78B-3-403.

(7)	“Legislative emergency response committee” means the same as that term is defined in Section 53-2a-203.

(8)

(a)

“Order of constraint” means an order, rule, or regulation issued in response to a declared public health emergency under this part, that:

(i)

applies to all or substantially all:

(A)	individuals or a certain group of individuals; or

(B)	public places or certain types of public places; and

(ii)

for the protection of the public health and in response to the declared public health emergency:

(A)	establishes, maintains, or enforces isolation or quarantine;

(B)	establishes, maintains, or enforces a stay-at-home order;

(C)	exercises physical control over property or individuals;

(D)	requires an individual to perform a certain action or engage in certain behavior; or

(E)	closes theaters, schools, or other public places or prohibits gatherings of people to protect the public health.

(b)	“Order of constraint” includes a stay-at-home order.

(9)	“Order of restriction” means an order issued by a department or a district court which requires an individual or group of individuals who are subject to restriction to submit to an examination, treatment, isolation, or quarantine.

(10)

“Public health emergency” means an occurrence or imminent credible threat of an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agent or biological toxin, that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. Such illness or health condition includes an illness or health condition resulting from a natural disaster.

(11)

“Public health official” means:

(a)	the executive director or the executive director’s authorized representative; or

(b)	the executive director of a local health department or the executive director’s authorized representative.

(12)	“Reportable emergency illness and health condition” includes the diseases, conditions, or syndromes designated by the department.

(13)

“Stay-at-home order” means an order of constraint that:

(a)	restricts movement of the general population to suppress or mitigate an epidemic or pandemic disease by directing individuals within a defined geographic area to remain in their respective residences; and

(b)	may include exceptions for certain essential tasks.

(14)

“Subject to restriction” as applied to an individual, or a group of individuals, means the individual or group of individuals is:

(a)	infected or suspected to be infected with a communicable disease that poses a threat to the public health and who does not take action as required by the department to prevent spread of the disease;

(b)	contaminated or suspected to be contaminated with an infectious agent that poses a threat to the public health, and that could be spread to others if remedial action is not taken;

(c)	in a condition or suspected condition which, if the individual is exposed to others, poses a threat to public health, or is in a condition which if treatment is not completed the individual will pose a threat to public health; or

(d)	contaminated or suspected to be contaminated with a chemical or biological agent that poses a threat to the public health and that could be spread to others if remedial action is not taken.

Renumbered and Amended by Chapter 308, 2023 General Session

Previous section

Next section

Part 3 Contents