Utah Code 26B-7-317. Authorization to report — Declaration of a public health emergency — Termination of a public health emergency — Order of constraint
Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
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. See Utah Code 26B-7-301
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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.
Legislative emergency response committee: means the same as that term is defined in Section 53-2a-203. 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
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a)
the health care provider knows of a confirmed case; or
(b)
the health care provider believes, based on the health care provider’s professional judgment that a person likely harbors a reportable emergency illness or health condition.
(2)
A report pursuant to this section shall include, if known:
(a)
the name of the facility submitting the report;
(b)
a patient identifier that allows linkage with the patient’s record for follow-up investigation if needed;
(c)
the date and time of visit;
(d)
the patient’s age and sex;
(e)
the zip code of the patient’s residence;
(f)
the reportable illness or condition detected or suspected;
(g)
diagnostic information and, if available, diagnostic codes assigned to the visit; and
(h)
whether the patient was admitted to the hospital.
(3)
(a)
Subject to Subsections (3)(b) and (4), if the department determines that a public health emergency exists, the department may, with the concurrence of the governor and the executive director or in the absence of the executive director, the executive director’s designee, declare a public health emergency, issue an order of constraint, and mandate reporting under this section for a limited reasonable period of time, as necessary to respond to the public health emergency.
(b)
(i)
During a public health emergency that has been in effect for more than 30 days, the department may not issue an order of constraint until the department has provided notice of the proposed action to the legislative emergency response committee no later than 24 hours before the department issues the order of constraint.
(ii)
The department:
(A)
shall provide the notice required by Subsection (3)(b)(i) using the best available method under the circumstances as determined by the executive director;
(B)
may provide the notice required by Subsection (3)(b)(i) in electronic format; and
(C)
shall provide the notice in written form, if practicable.
(c)
The department may not mandate reporting under this subsection for more than 90 days.
(4)
(a)
Except as provided in Subsection (4)(b), a public health emergency declared by the department as described in Subsection (3) expires at the earliest of:
(i)
the day on which the department or the governor finds that the threat or danger has passed or the public health emergency reduced to the extent that emergency conditions no longer exist;
(ii)
30 days after the date on which the department declared the public health emergency; or
(iii)
the day on which the public health emergency is terminated by a joint resolution of the Legislature.
(b)
(i)
The Legislature, by joint resolution, may extend a public health emergency for a time period designated in the joint resolution.
(ii)
If the Legislature extends a public health emergency as described in Subsection (4)(b)(i), the public health emergency expires on the date designated by the Legislature.
(c)
Except as provided in Subsection (4)(d), if a public health emergency declared by the department expires as described in Subsection (4)(a) or (b), the department may not declare a public health emergency for the same illness or occurrence that precipitated the previous public health emergency declaration.
(d)
(i)
Notwithstanding Subsection (4)(c), subject to Subsection (4)(e), if the department finds that exigent circumstances exist, after providing notice to the Legislature, the department may declare a new public health emergency for the same illness or occurrence that precipitated a previous public health emergency declaration.
(ii)
A public health emergency declared as described in Subsection (4)(d)(i) expires in accordance with Subsection (4)(a) or (b).
(e)
If the Legislature terminates a public health emergency declared due to exigent circumstances as described in Subsection (4)(d)(i), the department may not declare a new public health emergency for the same illness, occurrence, or exigent circumstances.
(5)
During a declared public health emergency declared under this title:
(a)
the Legislature may:
(i)
at any time by joint resolution terminate an order of constraint issued by the department; or
(ii)
by joint resolution terminate an order of constraint issued by a local health department in response to a public health emergency that has been in effect for more than 30 days; and
(b)
a county legislative body may at any time terminate an order of constraint issued by a local health department in response to a declared public health emergency.
(6)
(a)
(i)
If the department declares a public health emergency as described in this part, and the department finds that the public health emergency conditions warrant an extension of the public health emergency beyond the 30-day term or another date designated by the Legislature as described in this section, the department shall provide written notice to the speaker of the House of Representatives and the president of the Senate at least 10 days before the expiration of the public health emergency.
(ii)
If a local health department declares a public health emergency as described in this part, and the local health department finds that the public health emergency conditions warrant an extension of the public health emergency beyond the 30-day term or another date designated by the county governing body as described in this section, the local health department shall provide written notice to the county governing body at least 10 days before the expiration of the public health emergency.
(b)
If the department provides notice as described in Subsection (6)(a)(i) for a public health emergency within the first 30 days from the initial declaration of the public health emergency, the speaker of the House of Representatives and the president of the Senate:
(i)
shall poll the members of their respective bodies to determine whether the Legislature will extend the public health emergency; and
(ii)
may jointly convene the committee created in Section 53-2a-218.
(c)
If the department provides notice as described in Subsection (6)(a)(i) for a public health emergency that has been extended beyond the 30 days from the initial declaration of the public health emergency, the speaker of the House of Representatives and the president of the Senate shall jointly convene the committee created in Section 53-2a-218.
(7)
If the committee created in Section 53-2a-218 is convened as described in Subsection (6), the committee shall conduct a public meeting to:
(a)
discuss the nature of the public health emergency and conditions of the public health emergency;
(b)
evaluate options for public health emergency response;
(c)
receive testimony from individuals with expertise relevant to the current public health emergency;
(d)
receive testimony from members of the public; and
(e)
provide a recommendation to the Legislature whether to extend the public health emergency by joint resolution.
(8)
(a)
During a public health emergency declared as described in this title:
(i)
the department or a local health department may not impose an order of constraint on a religious gathering that is more restrictive than an order of constraint that applies to any other relevantly similar gathering; and
(ii)
an individual, while acting or purporting to act within the course and scope of the individual’s official department or local health department capacity, may not:
(A)
prevent a religious gathering that is held in a manner consistent with any order of constraint issued pursuant to this title; or
(B)
impose a penalty for a previous religious gathering that was held in a manner consistent with any order of constraint issued pursuant to this title.
(b)
Upon proper grounds, a court of competent jurisdiction may grant an injunction to prevent the violation of this Subsection (8).
(c)
During a public health emergency declared as described in this title, the department or a local health department shall not issue a public health order or impose or implement a regulation that substantially burdens an individual’s exercise of religion unless the department or local health department demonstrates that the application of the burden to the individual:
(i)
is in furtherance of a compelling government interest; and
(ii)
is the least restrictive means of furthering that compelling government interest.
(d)
Notwithstanding Subsections (8)(a) and (c), the department or a local health department shall allow reasonable accommodations for an individual to perform or participate in a religious practice or rite.
(9)
(a)
Unless the provisions of Subsection (3) apply, a health care provider is not subject to penalties for failing to submit a report under this section.
(b)
If the provisions of Subsection (3) apply, a health care provider is subject to the penalties of Subsection 26B-7-316(3) for failure to make a report under this section.
Renumbered and Amended by Chapter 308, 2023 General Session
