Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 175 (2015GS)

Sponsor

Rep. Ray, P.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• makes technical amendments; and
• requires the Department of Health to designate Alzheimer's disease and related dementia as a public health issue and implement a state plan for Alzheimer's disease and related dementia.

Every vote on this bill

Bill text

ALZHEIMER STATE PLAN AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
Allen M. Christensen
LONG TITLE
General Description:
This bill amends the duties of the Department of Health.
Highlighted Provisions:
This bill:
▸ makes technical amendments; and
▸ requires the Department of Health to designate Alzheimer's disease and related
dementia as a public health issue and implement a state plan for Alzheimer's disease
and related dementia.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-1-30
, as last amended by Laws of Utah 2012, Chapters 24 and 267
26-6b-3
, as last amended by Laws of Utah 2011, Chapter 297
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-1-30
 is amended to read:
26-1-30.
Powers and duties of department.
[
(1)
] The department shall 
exercise the following powers and duties, in addition to
other powers and duties established in this chapter
:
[
(a)
] 
(1)
 enter into cooperative agreements with the Department of Environmental
Quality to delineate specific responsibilities to assure that assessment and management of risk
to human health from the environment are properly administered; [
and
]
[
(b)
] 
(2)
 consult with the Department of Environmental Quality and enter into
cooperative agreements, as needed, to ensure efficient use of resources and effective response
to potential health and safety threats from the environment, and to prevent gaps in protection
from potential risks from the environment to specific individuals or population groups[
.
]
;
[
(2) In addition to all other powers and duties of the department, it shall have and
exercise the following powers and duties:
]
[
(a)
] 
(3)
 promote and protect the health and wellness of the people within the state;
[
(b)
] 
(4)
 establish, maintain, and enforce rules necessary or desirable to carry out the
provisions and purposes of this title to promote and protect the public health or to prevent
disease and illness;
[
(c)
] 
(5)
 investigate and control the causes of epidemic, infectious, communicable, and
other diseases affecting the public health;
[
(d)
] 
(6)
 provide for the detection, reporting, prevention, and control of communicable,
infectious, acute, chronic, or any other disease or health hazard which the department considers
to be dangerous, important, or likely to affect the public health;
[
(e)
] 
(7)
 collect and report information on causes of injury, sickness, death, and
disability and the risk factors that contribute to the causes of injury, sickness, death, and
disability within the state;
[
(f)
] 
(8)
 collect, prepare, publish, and disseminate information to inform the public
concerning the health and wellness of the population, specific hazards, and risks that may affect
the health and wellness of the population and specific activities which may promote and protect
the health and wellness of the population;
[
(g)
] 
(9)
 establish and operate programs necessary or desirable for the promotion or
protection of the public health and the control of disease or which may be necessary to
ameliorate the major causes of injury, sickness, death, and disability in the state, except that the
programs may not be established if adequate programs exist in the private sector;
[
(h)
] 
(10)
 establish, maintain, and enforce isolation and quarantine, and for this
purpose only, exercise physical control over property and individuals as the department finds
necessary for the protection of the public health;
[
(i)
] 
(11)
 close theaters, schools, and other public places and forbid gatherings of
people when necessary to protect the public health;
[
(j)
] 
(12)
 abate nuisances when necessary to eliminate sources of filth and infectious
and communicable diseases affecting the public health;
[
(k)
] 
(13)
 make necessary sanitary and health investigations and inspections in
cooperation with local health departments as to any matters affecting the public health;
[
(l)
] 
(14)
 establish laboratory services necessary to support public health programs and
medical services in the state;
[
(m)
] 
(15)
 establish and enforce standards for laboratory services which are provided
by any laboratory in the state when the purpose of the services is to protect the public health;
[
(n)
] 
(16)
 cooperate with the Labor Commission to conduct studies of occupational
health hazards and occupational diseases arising in and out of employment in industry, and
make recommendations for elimination or reduction of the hazards;
[
(o)
] 
(17)
 cooperate with the local health departments, the Department of Corrections,
the Administrative Office of the Courts, the Division of Juvenile Justice Services, and the
Crime Victim Reparations Board to conduct testing for HIV infection of alleged sexual
offenders, convicted sexual offenders, and any victims of a sexual offense;
[
(p)
] 
(18)
 investigate the causes of maternal and infant mortality;
[
(q)
] 
(19)
 establish, maintain, and enforce a procedure requiring the blood of adult
pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
presence and concentration of alcohol;
[
(r)
] 
(20)
 provide the Commissioner of Public Safety with monthly statistics reflecting
the results of the examinations provided for in Subsection [
(2)(q)
] 
(19)
 and provide safeguards
so that information derived from the examinations is not used for a purpose other than the
compilation of statistics authorized in this Subsection [
(2)(r)
] 
(20)
;
[
(s)
] 
(21)
 establish qualifications for individuals permitted to draw blood pursuant to
Subsection 
41-6a-523
(1)(a)(vi), 
53-10-405
(2)(a)(vi), or 
72-10-502
(5)(a)(vi), and to issue
permits to individuals it finds qualified, which permits may be terminated or revoked by the
department;
[
(t)
] 
(22)
 establish a uniform public health program throughout the state which includes
continuous service, employment of qualified employees, and a basic program of disease
control, vital and health statistics, sanitation, public health nursing, and other preventive health
programs necessary or desirable for the protection of public health;
[
(u)
] 
(23)
 adopt rules and enforce minimum sanitary standards for the operation and
maintenance of:
[
(i)
] 
(a)
 orphanages;
[
(ii)
] 
(b)
 boarding homes;
[
(iii)
] 
(c)
 summer camps for children;
[
(iv)
] 
(d)
 lodging houses;
[
(v)
] 
(e)
 hotels;
[
(vi)
] 
(f)
 restaurants and all other places where food is handled for commercial
purposes, sold, or served to the public;
[
(vii)
] 
(g)
 tourist and trailer camps;
[
(viii)
] 
(h)
 service stations;
[
(ix)
] 
(i)
 public conveyances and stations;
[
(x)
] 
(j)
 public and private schools;
[
(xi)
] 
(k)
 factories;
[
(xii)
] 
(l)
 private sanatoria;
[
(xiii)
] 
(m)
 barber shops;
[
(xiv)
] 
(n)
 beauty shops;
[
(xv)
] 
(o)
 physician offices;
[
(xvi)
] 
(p)
 dentist offices;
[
(xvii)
] 
(q)
 workshops;
[
(xviii)
] 
(r)
 industrial, labor, or construction camps;
[
(xix)
] 
(s)
 recreational resorts and camps;
[
(xx)
] 
(t)
 swimming pools, public baths, and bathing beaches;
[
(xxi)
] 
(u)
 state, county, or municipal institutions, including hospitals and other
buildings, centers, and places used for public gatherings; and
[
(xxii)
] 
(v)
 any other facilities in public buildings or on public grounds;
[
(v)
] 
(24)
 conduct health planning for the state;
[
(w)
] 
(25)
 monitor the costs of health care in the state and foster price competition in
the health care delivery system;
[
(x)
] 
(26)
 adopt rules for the licensure of health facilities within the state pursuant to
Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act;
[
(y)
] 
(27)
 license the provision of child care;
[
(z)
] 
(28)
 accept contributions to and administer the funds contained in the Organ
Donation Contribution Fund created in Section 
26-18b-101
;
[
(aa)
] 
(29)
 serve as the collecting agent, on behalf of the state, for the nursing care
facility assessment fee imposed under Title 26, Chapter 35a, Nursing Care Facility Assessment
Act, and adopt rules for the enforcement and administration of the nursing facility assessment
consistent with the provisions of Title 26, Chapter 35a; [
and
]
[
(bb)
] 
(30)
 establish methods or measures for health care providers, public health
entities, and health care insurers to coordinate among themselves to verify the identity of the
individuals they serve[
.
]
; and
(31) (a) designate Alzheimer's disease and related dementia as a public health issue
and, within budgetary limitations, implement a state plan for Alzheimer's disease and related
dementia by incorporating the plan into the department's strategic planning and budgetary
process; and
(b) coordinate with other state agencies and other organizations to implement the state
plan for Alzheimer's disease and related dementia.
Section 2. Section 
26-6b-3
 is amended to read:
26-6b-3.
Order of restriction.
(1) The department having jurisdiction over the location where an individual or a group
of individuals who are subject to restriction are found may:
(a) issue a written order of restriction for the individual or group of individuals
pursuant to [
Subsection 
26-1-30
(2) or
] 
Section 
26-1-30
 or Subsection
26A-1-114
(1)(b) upon
compliance with the requirements of this chapter; and
(b) issue a verbal order of restriction for an individual or group of individuals pursuant
to Subsection (2)(c).
(2) (a) A department's determination to issue an order of restriction shall be based upon
the totality of circumstances reported to and known by the department, including:
(i) observation;
(ii) information that the 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 of Health by administrative rule.
(b) An order of restriction issued by a 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,
is reasonable based on the totality of circumstances known to the 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 
26-6b-3.3
.
(c) (i) A 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'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 the provisions of 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 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 
26-6b-3.3
.
(3) Pending issuance of a written order of restriction under Section 
26-6b-3.3
, or
judicial review of an order of restriction by the district court pursuant to Section 
26-6b-6
, 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.
(4) The 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.