Utah Code 26B-7-304. Order of restriction

26B-7-304. Order of restriction.

(1)

Subject to Subsection (5), the department or a local health department having jurisdiction over the location where an individual or a group of individuals who are subject to restriction are found may:

Terms Used In Utah Code 26B-7-304

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. See Utah Code 26B-7-301

Joint resolution: A legislative measure which requires the approval of both chambers.

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 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. See Utah Code 26B-7-301

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

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. See Utah Code 26B-7-301 Writing: includes :Utah Code 68-3-12.5
(a)	issue a written order of restriction for the individual or group of individuals pursuant to Section 26B-1-202 or Subsection 26A-1-114(1)(b) upon compliance with the requirements of Sections 26B-7-304 through 26B-7-314; and

(b)	issue a verbal order of restriction for an individual or group of individuals pursuant to Subsection (2)(c).

(2)

(a)

A department or local health department’s determination to issue an order of restriction shall be based upon the totality of circumstances reported to and known by the department or local health department, including:

(i)	observation;

(ii)	information that the department or local health department determines is credible and reliable information; and

(iii)

knowledge of current public health risks based on medically accepted guidelines as may be established by the department by administrative rule.

(b)

An order of restriction issued by the department or a local health department shall:

(i)	in the opinion of the public health official, be for the shortest reasonable period of time necessary to protect the public health;

(ii)	use the least intrusive method of restriction that, in the opinion of the department or local health department, is reasonable based on the totality of circumstances known to the department or local health department issuing the order of restriction;

(iii)

be in writing unless the provisions of Subsection (2)(c) apply; and

(iv)	contain notice of an individual’s rights as required in Section 26B-7-307.

(c)

(i)

The department or a local health department may issue a verbal order of restriction, without prior notice to the individual or group of individuals if the delay in imposing a written order of restriction would significantly jeopardize the department or local health department’s ability to prevent or limit:

(A)	the transmission of a communicable or possibly communicable disease that poses a threat to public health;

(B)	the transmission of an infectious agent or possibly infectious agent that poses a threat to public health;

(C)	the exposure or possible exposure of a chemical or biological agent that poses a threat to public health; or

(D)	the exposure or transmission of a condition that poses a threat to public health.

(ii)

A verbal order of restriction issued under Subsection (2)(c)(i):

(A)	is valid for 24 hours from the time the order of restriction is issued;

(B)	may be verbally communicated to the individuals or group of individuals subject to restriction by a first responder;

(C)	may be enforced by the first responder until the department or local health department is able to establish and maintain the place of restriction; and

(D)	may only be continued beyond the initial 24 hours if a written order of restriction is issued pursuant to the provisions of Section 26B-7-307.

(3)

Pending issuance of a written order of restriction under Section 26B-7-307, or judicial review of an order of restriction under Section 26B-7-311, an individual who is subject to the order of restriction may be required to submit to involuntary examination, quarantine, isolation, or treatment in the individual’s home, a hospital, or any other suitable facility under reasonable conditions prescribed by the department or local health department.

(4)

The department or local health department that issued the order of restriction shall take reasonable measures, including the provision of medical care, as may be necessary to assure proper care related to the reason for the involuntary examination, treatment, isolation, or quarantine of an individual ordered to submit to an order of restriction.

(5)

(a)	The Legislature may at any time terminate by joint resolution an order of restriction issued by the department or local health 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 restriction issued by the relevant local health department under this section issued in response to a declared public health emergency.

Renumbered and Amended by Chapter 308, 2023 General Session

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