26B-7-307. Contents of notice of order of restriction — Rights of individuals.
(1)
A written order of restriction issued by a department or local health department shall include the following information:
Terms Used In Utah Code 26B-7-307
Cross examine: Questioning of a witness by the attorney for the other side.
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.
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 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
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)
the identity of the individual or a description of the group of individuals subject to the order of restriction;
(b)
the identity or location of any premises that may be subject to restriction;
(c)
the date and time for which the restriction begins and the expected duration of the restriction;
(d)
the suspected communicable disease, infectious, chemical or biological agent, or other condition that poses a threat to public health;
(e)
the requirements for termination of the order of restriction, such as necessary laboratory reports, the expiration of an incubation period, or the completion of treatment for the communicable disease;
(f)
any conditions on the restriction, such as limitation of visitors or requirements for medical monitoring;
(g)
the medical or scientific information upon which the restriction is based;
(h)
a statement advising of the right to a judicial review of the order of restriction by the court; and
(i)
pursuant to Subsection (2), the rights of each individual subject to restriction.
(2)
An individual subject to restriction has the following rights:
(a)
the right to be represented by legal counsel in any judicial review of the order of restriction in accordance with Subsection 26B-7-309(3);
(b)
the right to be provided with prior notice of the date, time, and location of any hearing concerning the order of restriction;
(c)
the right to participate in any hearing, in a manner established by the court based on precautions necessary to prevent additional exposure to communicable or possibly communicable diseases or to protect the public health;
(d)
the right to respond and present evidence and arguments on the individual’s own behalf in any hearing;
(e)
the right to cross examine witnesses; and
(f)
the right to review and copy all records in the possession of the department that issued the order of restriction which relate to the subject of the written order of restriction.
(3)
(a)
Notwithstanding the provisions of Subsection (1), if the department or a local health department issues an order of restriction for a group of individuals, the department or local health department may modify the method of providing notice to the group or modify the information contained in the notice, if the public health official determines the modification of the notice is necessary to:
(i)
protect the privacy of medical information of individuals in the group; or
(ii)
provide notice to the group in a manner that will efficiently and effectively notify the individuals in the group within the period of time necessary to protect the public health.
(b)
When the department or a local health department modifies notice to a group of individuals under Subsection (3)(a), the department or local health department shall provide each individual in the group with notice that complies with the provisions of Subsection (1) as soon as reasonably practical.
(4)
(a)
In addition to the rights of an individual described in Subsections (1) and (2), an individual subject to an order of restriction may not be terminated from employment if the reason for termination is based solely on the fact that the individual is or was subject to an order of restriction.
(b)
The department or local health department issuing the order of restriction shall give the individual subject to the order of restriction notice of the individual’s employment rights under Subsection (4)(a).
(c)
An employer in the state, including an employer who is the state or a political subdivision of the state, may not violate the provisions of Subsection (4)(a).
Renumbered and Amended by Chapter 308, 2023 General Session
