Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 294 (2025GS)

Sponsor

Rep. MacPherson, Matt

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies definitions;
• requires a place of public accommodation and certain other entities to provide an accommodation related to face coverings for certain people;
• prohibits the issuance of orders of constraint; and
• limits an order of restriction to be issued for individuals, not groups of individuals.

Every vote on this bill

Bill text

35
13-7-6
26A-1-102
26A-1-108
26A-1-114
26A-1-121
26B-7-202
26B-7-301
26B-7-303
26B-7-304
26B-7-304.5
26B-7-305
26B-7-306
26B-7-307
26B-7-310
26B-7-311
26B-7-317
26B-7-321
13-7-6
26A-1-102
26A-1-108
26A-1-114
26A-1-121
26B-7-202
26B-7-301
26B-7-303
26B-7-304
26B-7-304.5
26B-7-305
26B-7-306
26B-7-307
26B-7-310
26B-7-311
26B-7-317
26B-7-321
0
Infectious Disease Procedures Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor: Wayne A. Harper
Cosponsor:
Colin W. Jack
Logan J. Monson
Kristen Chevrier
Jason B. Kyle
Doug Fiefia
Trevor Lee
LONG TITLE
General Description:
This bill modifies provisions related to infectious disease procedures.
Highlighted Provisions:
This bill:
modifies definitions;
requires a place of public accommodation and certain other entities to provide an 
accommodation related to face coverings for certain people;
prohibits the issuance of orders of constraint; and
limits an order of restriction to be issued for individuals, not groups of individuals.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26A-1-102
, as last amended by Laws of Utah 2024, Chapter 152
26A-1-108
, as last amended by Laws of Utah 2024, Chapter 425
26A-1-114
, as last amended by Laws of Utah 2024, Chapter 259
26A-1-121
, as last amended by Laws of Utah 2023, Chapter 327
26B-7-202
, as last amended by Laws of Utah 2024, Chapter 152
26B-7-301
, as last amended by Laws of Utah 2024, Chapters 152, 283
26B-7-303
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-7-304
, as last amended by Laws of Utah 2024, Chapter 283
26B-7-305
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-7-306
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-7-307
, as last amended by Laws of Utah 2024, Chapter 283
26B-7-310
, as last amended by Laws of Utah 2024, Chapter 283
26B-7-311
, as last amended by Laws of Utah 2024, Chapter 283
26B-7-317
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-7-321
, as renumbered and amended by Laws of Utah 2023, Chapter 308
ENACTS:
13-7-6
, Utah Code Annotated 1953
26B-7-304.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
13-7-6
 is enacted to read:
13-7-6
. Face coverings and qualified individuals.
(1)
As used in this section:
(a)
"Face covering" means a mask, shield, or other device that is intended to be worn in 
a manner to cover the mouth, nose, or face to prevent the spread of an infectious 
disease.
(b)
"Health care facility" means the same as that term is defined in Section 
78B-3-403
.
(c)
"Qualified individual" means an individual who experiences physical or emotional 
distress when wearing a face covering if the physical or emotional distress is caused 
by a diagnosed medical condition, mental health condition, or disability.
(2)
Except as provided in Subsection 
(3)(a)
, a place of public accommodation or enterprise 
regulated by the state may not require a qualified individual to wear a face covering as a 
condition for entering a premises owned or operated by the entity described in this 
Subsection 
(2)
.
(3)
(a)
Subject to Subsection 
(3)(b)
, a health care facility or a physician's office may 
require the use of face coverings in an area in the health care facility where patient 
care or treatment is provided.
(b)
Consistent with applicable federal law, nothing in Subsection 
(3)(a)
 allows a health 
care facility or a physician's office to deny services to a qualified individual who is 
not able to wear a face covering.
Section 2, Section 
26A-1-102
 is amended to read:
26A-1-102
. Definitions.
As used in this part:
(1)
"Board" means a local board of health established under Section 
26A-1-109
.
(2)
"County governing body" means one of the types of county government provided for in 
Title 17, Chapter 52a, Part 2, Forms of County Government.
(3)
"County health department" means a local health department that serves a county and 
municipalities located within that county.
(4)
"Department" means the Department of Health and Human Services created in Section 
26B-1-201
.
(5)
"Local food" means the same as that term is defined in Section 
4-1-109
.
(6)
"Local health department" means:
(a)
a single county local health department;
(b)
a multicounty local health department;
(c)
a united local health department; or
(d)
a multicounty united local health department.
(7)
"Mental health authority" means a local mental health authority created in Section 
17-43-301
.
(8)
"Multicounty local health department" means a local health department that is formed 
under Section 
26A-1-105
 and that serves two or more contiguous counties and 
municipalities within those counties.
(9)
"Multicounty united local health department" means a united local health department 
that is formed under Section 
26A-1-105.5
 and that serves two or more contiguous 
counties and municipalities within those counties.
(10)
(a)
"Order of constraint" means 
an order, rule, or regulation issued by a local 
health department in response to a declared public health emergency under this 
chapter that:
the same as that term is defined in Section 
26B-7-301
.
(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 a 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.
(11)
"Public health emergency" means the same as that term is defined in Section 
26B-7-301
.
(12)
"Single county local health department" means a local health department that is created 
by the governing body of one county to provide services to the county and the 
municipalities within that county.
(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.
the same as that term is defined 
in Section 
26B-7-301
.
(14)
"Substance abuse authority" means a local substance abuse authority created in Section 
17-43-201
.
(15)
"United local health department":
(a)
means a substance abuse authority, a mental health authority, and a local health 
department that join together under Section 
26A-1-105.5
; and
(b)
includes a multicounty united local health department.
Section 3, Section 
26A-1-108
 is amended to read:
26A-1-108
. Jurisdiction and duties of local health departments -- Registration as 
a limited purpose entity.
(1)
(a)
Except as provided in Subsection (1)(b), a
A
 local health department has 
jurisdiction in all unincorporated and incorporated areas of the county or counties in 
which it is established and shall enforce state health laws, Department of Health
 and 
Human Services
, Department of Environmental Quality, and local health department 
rules, regulations, and standards within those areas.
(b)
Notwithstanding Subsection (1)(a), a local health department's jurisdiction or 
authority to issue an order of constraint pursuant to a declared public health 
emergency does not apply to any facility, property, or area owned or leased by the 
state, including capitol hill, as defined in Section 
63O-1-101
.
(2)
(a)
Each local health department shall register and maintain the local health 
department's registration as a limited purpose entity, in accordance with Section 
67-1a-15
.
(b)
A local health department that fails to comply with Subsection (2)(a) or Section 
67-1a-15
 is subject to enforcement by the state auditor, in accordance with Section 
67-3-1
.
Section 4, Section 
26A-1-114
 is amended to read:
26A-1-114
. Powers and duties of departments.
(1)
Subject to Subsections (7), (8), and 
(11)
(10)
, a local health department may:
(a)
subject to the provisions in Section 
26A-1-108
, enforce state laws, local ordinances, 
department rules, and local health department standards and regulations relating to 
public health and sanitation, including the plumbing code administered by the 
Division of Professional Licensing under Title 15A, Chapter 1, Part 2, State 
Construction Code Administration Act, and under Title 26B, Chapter 7, Part 4, 
General Sanitation and Food Safety, in all incorporated and unincorporated areas 
served by the local health department;
(b)
establish, maintain, and enforce isolation and quarantine, over an individual in 
accordance with an order of restriction issued under Title 26B, Chapter 7, Part 3, 
Treatment, Isolation, and Quarantine Procedures for Communicable Diseases;
(c)
establish and maintain medical, environmental, occupational, and other laboratory 
services considered necessary or proper for the protection of the public health;
(d)
establish and operate reasonable health programs or measures not in conflict with 
state law which:
(i)
are necessary or desirable for the promotion or protection of the public health and 
the control of disease; or
(ii)
may be necessary to ameliorate the major risk factors associated with the major 
causes of injury, sickness, death, and disability in the state;
(e)
close theaters, schools, and other public places and prohibit gatherings of people 
when necessary to protect the public health;
(f)
exercise physical control of property to abate nuisances or eliminate sources of filth 
and infectious and communicable diseases affecting the public health and bill the 
owner or other person in charge of the premises upon which this nuisance occurs for 
the cost of abatement;
(g)
make necessary sanitary and health investigations and inspections on the local health 
department's own initiative or in cooperation with the Department of Health and 
Human Services or the Department of Environmental Quality, or both, as to any 
matters affecting the public health;
(h)
pursuant to county ordinance or interlocal agreement:
(i)
establish and collect appropriate fees for the performance of services and 
operation of authorized or required programs and duties;
(ii)
accept, use, and administer all federal, state, or private donations or grants of 
funds, property, services, or materials for public health purposes; and
(iii)
make agreements not in conflict with state law which are conditional to receiving 
a donation or grant;
(i)
prepare, publish, and disseminate information necessary to inform and advise the 
public concerning:
(i)
the health and wellness of the population, specific hazards, and risk factors that 
may adversely affect the health and wellness of the population; and
(ii)
specific activities individuals and institutions can engage in to promote and 
protect the health and wellness of the population;
(j)
investigate the causes of morbidity and mortality;
(k)
issue notices and orders necessary to carry out this part;
(l)
conduct studies to identify injury problems, establish injury control systems, develop 
standards for the correction and prevention of future occurrences, and provide public 
information and instruction to special high risk groups;
(m)
cooperate with boards created under Section 
19-1-106
 to enforce laws and rules 
within the jurisdiction of the boards;
(n)
cooperate with the state health department, the Department of Corrections, the 
Administrative Office of the Courts, the Division of Juvenile Justice and Youth 
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;
(o)
investigate suspected bioterrorism and disease pursuant to Section 
26B-7-321
;
(p)
provide public health assistance in response to a national, state, or local emergency, a 
public health emergency as defined in Section 
26B-7-301
, or a declaration by the 
President of the United States or other federal official requesting public health-related 
activities; and
(q)
when conducting routine inspections of businesses regulated by the local health 
department, notify the Department of Agriculture and Food of a potential violation of 
Title 4, Chapter 41, Hemp and Cannabinoid Act.
(2)
The local health department shall:
(a)
establish programs or measures to promote and protect the health and general 
wellness of the people within the boundaries of the local health department;
(b)
investigate infectious and other diseases of public health importance and implement 
measures to control the causes of epidemic and communicable diseases and other 
conditions significantly affecting the public health which may include involuntary 
testing of alleged sexual offenders for the HIV infection pursuant to Section 
53-10-802
 and voluntary testing of victims of sexual offenses for HIV infection 
pursuant to Section 
53-10-803
;
(c)
cooperate with the department in matters pertaining to the public health and in the 
administration of state health laws;
(d)
coordinate implementation of environmental programs to maximize efficient use of 
resources by developing with the Department of Environmental Quality a 
Comprehensive Environmental Service Delivery Plan which:
(i)
recognizes that the Department of Environmental Quality and local health 
departments are the foundation for providing environmental health programs in 
the state;
(ii)
delineates the responsibilities of the department and each local health department 
for the efficient delivery of environmental programs using federal, state, and local 
authorities, responsibilities, and resources;
(iii)
provides for the delegation of authority and pass through of funding to local 
health departments for environmental programs, to the extent allowed by 
applicable law, identified in the plan, and requested by the local health 
department; and
(iv)
is reviewed and updated annually; and
(e)
investigate a report made in accordance with Section 
59-14-811
 to determine 
whether a product is sold in violation of law.
(3)
The local health department has the following duties regarding public and private 
schools within the local health department's boundaries:
(a)
enforce all ordinances, standards, and regulations pertaining to the public health of 
persons attending public and private schools;
(b)
exclude from school attendance any person, including teachers, who is suffering 
from any communicable or infectious disease, whether acute or chronic, if the person 
is likely to convey the disease to those in attendance; and
(c)
(i)
make regular inspections of the health-related condition of all school buildings 
and premises;
(ii)
report the inspections on forms furnished by the department to those responsible 
for the condition and provide instructions for correction of any conditions that 
impair or endanger the health or life of those attending the schools; and
(iii)
provide a copy of the report to the department at the time the report is made.
(4)
If those responsible for the health-related condition of the school buildings and premises 
do not carry out any instructions for corrections provided in a report in Subsection 
(3)(c), the local health board shall cause the conditions to be corrected at the expense of 
the persons responsible.
(5)
The local health department may exercise incidental authority as necessary to carry out 
the provisions and purposes of this part.
(6)
This part does not authorize a local health department to:
(a)
require the installation or maintenance of a carbon monoxide detector in a residential 
dwelling against anyone other than the occupant of the dwelling; or
(b)
control the production, processing distribution, or sale price of local food in response 
to a public health emergency.
(7)
(a)
Except as provided in Subsection (7)(c), a local health department may not declare 
a public health emergency 
or issue an order of constraint 
until the local health 
department has provided notice of the proposed action to the chief executive officer 
of the relevant county no later than 24 hours before the local health department issues 
the order or declaration.
(b)
The local health department:
(i)
shall provide the notice required by Subsection (7)(a) using the best available 
method under the circumstances as determined by the local health department;
(ii)
may provide the notice required by Subsection (7)(a) in electronic format; and
(iii)
shall provide the notice in written form, if practicable.
(c)
(i)
Notwithstanding Subsection (7)(a), a local health department may declare a 
public health emergency 
or issue an order of constraint 
without approval of the 
chief executive officer of the relevant county if the passage of time necessary to 
obtain approval of the chief executive officer of the relevant county as required in 
Subsection (7)(a) would substantially increase the likelihood of loss of life due to 
an imminent threat.
(ii)
If a local health department declares a public health emergency 
or issues an order 
of constraint 
as described in Subsection (7)(c)(i), the local health department 
shall notify the chief executive officer of the relevant county before 
issuing the 
order of constraint
declaring a public health emergency
.
(iii)
The chief executive officer of the relevant county may terminate a declaration of 
a public health emergency 
or an order of constraint issued 
as described in 
Subsection (7)(c)(i) within 72 hours of declaration of the public health emergency
or issuance of the order of constraint
.
(d)
(i)
The relevant county governing body may at any time terminate a public health 
emergency 
or an order of constraint 
issued by the local health department by 
majority vote of the county governing body
 in response to a declared public 
health emergency
.
(ii)
A vote by the relevant county governing body to terminate a public health 
emergency 
or an order of constraint 
as described in Subsection (7)(d)(i) is not 
subject to veto by the relevant chief executive officer.
(8)
(a)
Except as provided in Subsection (8)(b), a public health emergency declared by a 
local health department expires at the earliest of:
(i)
the local health department or the chief executive officer of the relevant county 
finding 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 local health department declared the public 
health emergency; or
(iii)
the day on which the public health emergency is terminated by majority vote of 
the county governing body.
(b)
(i)
The relevant county legislative body, by majority vote, may extend a public 
health emergency for a time period designated by the county legislative body.
(ii)
If the county legislative body extends a public health emergency as described in 
Subsection (8)(b)(i), the public health emergency expires on the date designated 
by the county legislative body.
(c)
Except as provided in Subsection (8)(d), if a public health emergency declared by a 
local health department expires as described in Subsection (8)(a), the local health 
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 (8)(c), subject to Subsection (8)(f), if the local 
health department finds that exigent circumstances exist, after providing notice to 
the county legislative body, 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 (8)(d)(i) expires 
in accordance with Subsection (8)(a) or (b).
(e)
For a public health emergency declared by a local health department under this 
chapter or under Title 26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine 
Procedures for Communicable Diseases, the Legislature may terminate by joint 
resolution a public health emergency that was declared based on exigent 
circumstances or that has been in effect for more than 30 days.
(f)
If the Legislature or county legislative body terminates a public health emergency 
declared due to exigent circumstances as described in Subsection (8)(d)(i), the local 
health department may not declare a new public health emergency for the same 
illness, occurrence, or exigent circumstances.
(9)
(a)
During a public health emergency declared under this chapter or under Title 
26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine Procedures for 
Communicable Diseases:
(i)
except as provided in Subsection (9)(b), a local health department may not issue 
an order of constraint without approval of the chief executive officer of the 
relevant county;
(ii)
the Legislature may at any time terminate by joint resolution an order of 
constraint issued by a local health department in response to a declared public 
health emergency that has been in effect for more than 30 days; and
(iii)
a county governing body may at any time terminate by majority vote of the 
governing body an order of constraint issued by a local health department in 
response to a declared public health emergency.
(b)
(i)
Notwithstanding Subsection (9)(a)(i), a local health department may issue an 
order of constraint without approval of the chief executive officer of the relevant 
county if the passage of time necessary to obtain approval of the chief executive 
officer of the relevant county as required in Subsection (9)(a)(i) would 
substantially increase the likelihood of loss of life due to an imminent threat.
(ii)
If a local health department issues an order of constraint as described in 
Subsection (9)(b), the local health department shall notify the chief executive 
officer of the relevant county before issuing the order of constraint.
(iii)
The chief executive officer of the relevant county may terminate an order of 
constraint issued as described in Subsection (9)(b) within 72 hours of issuance of 
the order of constraint.
(c)
(i)
For a local health department that serves more than one county, the approval 
described in Subsection (9)(a)(i) is required for the chief executive officer for 
which the order of constraint is applicable.
(ii)
For a local health department that serves more than one county, a county 
governing body may only terminate an order of constraint as described in 
Subsection (9)(a)(iii) for the county served by the county governing body.
(10)
(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 (10).
(c)
(9)
(a)
During a public health emergency declared as described in this title, the 
department or a local health department 
shall
may
 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)
(b)
Notwithstanding 
Subsections (10)(a) and (c)
Subsection (9)(a)
, the department 
or a local health department shall allow reasonable accommodations for an individual 
to perform or participate in a religious practice or rite.
(11)
An order of constraint issued by a local health department pursuant to a declared 
public health emergency does not apply to a facility, property, or area owned or leased 
by the state, including capitol hill, as defined in Section 
63O-1-101
.
(12)
(10)
A local health department may not:
(a)
require a person to obtain an inspection, license, or permit from the local health 
department to engage in a practice described in Subsection 
58-11a-304
(5); 
or
(b)
prevent or limit a person's ability to engage in a practice described in Subsection 
58-11a-304
(5) by:
(i)
requiring the person to engage in the practice at a specific location or at a 
particular type of facility or location; or
(ii)
enforcing a regulation applicable to a facility or location where the person 
chooses to engage in the practice
.
; or
(c)
issue an order of constraint under any circumstance.
Section 5, Section 
26A-1-121
 is amended to read:
26A-1-121
. Standards and regulations adopted by local board -- Local standards 
not more stringent than federal or state standards -- Administrative and judicial review 
of actions -- Regulations affecting religious practice.
(1)
(a)
Subject to Subsection 
(1)(g)
, the 
The 
board may make standards and regulations:
(i)
not in conflict with rules of the department or the Department of Environmental 
Quality; and
(ii)
necessary for the promotion of public health, environmental health quality, injury 
control, and the prevention of outbreaks and spread of communicable and 
infectious diseases.
(b)
The standards and regulations under Subsection 
(1)(a)
:
(i)
supersede existing local standards, regulations, and ordinances pertaining to 
similar subject matter;
(ii)
except where specifically allowed by federal law or state statute, may not be more 
stringent than those established by federal law, state statute, or administrative 
rules adopted by the department in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
; and
(iii)
notwithstanding Subsection 
(1)(b)(ii)
, may be more stringent than those 
established by federal law, state statute, or administrative rule adopted by the 
department if the standard or regulation is:
(A)
in effect on February 1, 2022; and
(B)
not modified or amended after February 1, 2022.
(c)
The board shall provide public hearings prior to the adoption of any regulation or 
standard.
(d)
Notice of any public hearing shall be published at least twice throughout the county 
or counties served by the local health department. The publication may be in one or 
more newspapers, if the notice is provided in accordance with this Subsection 
(1)(d)
.
(e)
The hearings may be conducted by the board at a regular or special meeting, or the 
board may appoint hearing officers who may conduct hearings in the name of the 
board at a designated time and place.
(f)
A record or summary of the proceedings of a hearing shall be taken and filed with the 
board.
(g)
(i)
During a declared public health emergency declared under this chapter or 
under 
Title 26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine 
Procedures for Communicable Diseases
:
(A)
except as provided in Subsection 
(1)(h)
, a local health department may not 
issue an order of constraint without approval of the chief executive officer of 
the relevant county;
(B)
the Legislature may at any time terminate by joint resolution an order of 
constraint issued by a local health department in response to a declared public 
health emergency that has been in effect for more than 30 days; and
(C)
a county governing body may at any time terminate, by majority vote of the 
governing body, an order of constraint issued by a local health department in 
response to a declared public health emergency.
(ii)
(A)
For a local health department that serves more than one county, the 
approval described in Subsection 
(1)(g)(i)(A)
 is required for the chief 
executive officer for which the order of constraint is applicable.
(B)
For a local health department that serves more than one county, a county 
governing body may only terminate an order of constraint as described in 
Subsection 
(1)(g)(i)(C)
 for the county served by the county governing body.
(h)
(i)
Notwithstanding Subsection 
(1)(g)(i)(A)
, a local health department may issue 
an order of constraint without approval of the chief executive officer of the 
relevant county if the passage of time necessary to obtain approval of the chief 
executive officer of the relevant county as required in Subsection 
(1)(g)(i)(A)
would substantially increase the likelihood of loss of life due to an imminent 
threat.
(ii)
If a local health department issues an order of constraint as described in 
Subsection 
(1)(h)(i)
, the local health department shall notify the chief executive 
officer of the relevant county before issuing the order of constraint.
(iii)
The chief executive officer of the relevant county may terminate an order of 
constraint issued as described in Subsection 
(1)(h)(i)
 within 72 hours of issuance 
of the order of constraint.
(i)
(i)
During a public health emergency declared as described in this title:
(A)
a local health department may not impose an order of constraint on a public 
gathering that applies to a religious gathering differently than the order of 
constraint applies to any other relevantly similar gathering; and
(B)
an individual, while acting or purporting to act within the course and scope of 
the individual's official local health department capacity, may not prevent a 
religious gathering that is held in a manner consistent with any order of 
constraint issued pursuant to this title, or 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.
(ii)
Upon proper grounds, a court of competent jurisdiction may grant an injunction 
to prevent the violation of this Subsection 
(1)(i)
.
(iii)
(g)
(i)
During a public health emergency declared as described in this title, 
the 
department or 
a local health department 
shall
may
 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:
(A)
is in furtherance of a compelling government interest; and
(B)
is the least restrictive means of furthering that compelling government interest.
(iv)
(ii)
Notwithstanding 
Subsections 
(1)(i)(i)
 and 
(ii)
, the department or 
Subsection 
(1)(g)(i)
, 
a local health department shall allow reasonable 
accommodations for an individual to perform or participate in a religious practice 
or rite.
(j)
(h)
If a local health department declares a public health emergency as described in 
this chapter, 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 local legislative body, the local health 
department shall provide written notice to the local legislative body at least 10 days 
before the expiration of the public health emergency.
(2)
(a)
A person aggrieved by an action or inaction of the local health department relating 
to the public health shall have an opportunity for a hearing with the local health 
officer or a designated representative of the local health department. The board shall 
grant a subsequent hearing to the person upon the person's written request.
(b)
In an adjudicative hearing, a member of the board or the hearing officer may 
administer oaths, examine witnesses, and issue notice of the hearings or subpoenas in 
the name of the board requiring the testimony of witnesses and the production of 
evidence relevant to a matter in the hearing. The local health department shall make a 
written record of the hearing, including findings of facts and conclusions of law.
(c)
Judicial review of a final determination of the local board may be secured by a 
person adversely affected by the final determination, or by the department or the 
Department of Environmental Quality, by filing a petition in the district court within 
30 days after receipt of notice of the board's final determination.
(d)
The petition shall be served upon the secretary of the board and shall state the 
grounds upon which review is sought.
(e)
The board's answer shall certify and file with the court all documents and papers and 
a transcript of all testimony taken in the matter together with the board's findings of 
fact, conclusions of law, and order.
(f)
The appellant and the board are parties to the appeal.
(g)
The department and the Department of Environmental Quality may become a party 
by intervention as in a civil action upon showing cause.
(h)
A further appeal may be taken to the Court of Appeals under Section 
78A-4-103
.
(3)
Nothing in the provisions of Subsection 
(1)(b)(ii)
 or 
(c)
, shall limit the ability of a local 
health department board to make standards and regulations in accordance with 
Subsection 
(1)(a)
 for:
(a)
emergency rules made in accordance with Section 
63G-3-304
; or
(b)
items not regulated under federal law, state statute, or state administrative rule.
Section 6, Section 
26B-7-202
 is amended to read:
26B-7-202
. Authority to investigate and control epidemic infections and 
communicable disease.
(1)
Subject to 
Subsection (4) and 
the restrictions in this title, the department has authority 
to investigate and control the causes of epidemic infections and communicable disease, 
and shall provide for the detection, reporting, prevention, and control of communicable 
diseases and epidemic infections or any other health hazard which may affect the public 
health.
(2)
This part does not authorize the department to control the production, processing, 
distribution, or sale price of local food in response to a public health emergency, as that 
term is defined in Section 
26B-7-301
.
(3)
(a)
As part of the requirements of Subsection (1), the department shall distribute to 
the public and to health care professionals:
(i)
medically accurate information about sexually transmitted diseases that may cause 
infertility and sterility if left untreated, including descriptions of:
(A)
the probable side effects resulting from an untreated sexually transmitted 
disease, including infertility and sterility;
(B)
medically accepted treatment for sexually transmitted diseases;
(C)
the medical risks commonly associated with the medical treatment of sexually 
transmitted diseases; and
(D)
suggested screening by a private physician or physician assistant; and
(ii)
information about:
(A)
public services and agencies available to assist individuals with obtaining 
treatment for the sexually transmitted disease;
(B)
medical assistance benefits that may be available to the individual with the 
sexually transmitted disease; and
(C)
abstinence before marriage and fidelity after marriage being the surest 
prevention of sexually transmitted disease.
(b)
The information described in Subsection (3)(a):
(i)
shall be distributed by the department and by local health departments free of 
charge;
 and
(ii)
shall be relevant to the geographic location in which the information is distributed 
by:
(A)
listing addresses and telephone numbers for public clinics and agencies 
providing services in the geographic area in which the information is 
distributed; and
(B)
providing the information in English as well as other languages that may be 
appropriate for the geographic area.
(c)
(i)
Except as provided in Subsection (3)(c)(ii), the department shall develop 
written material that includes the information described in this Subsection (3).
(ii)
In addition to the written materials described in Subsection (3)(c)(i), the 
department may distribute the information described in this Subsection (3) by any 
other methods the department determines is appropriate to educate the public, 
excluding public schools, including websites, toll free telephone numbers, and the 
media.
(iii)
If the information described in Subsection (3)(b)(ii)(A) is not included in the 
written pamphlet developed by the department, the written material shall include 
either a website, or a 24-hour toll free telephone number that the public may use to 
obtain that information.
(4)
(a)
The Legislature may at any time terminate by joint resolution an order of 
constraint issued by the 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 
constraint issued by the relevant local health department as described in this section 
in response to a declared public health emergency.
Section 7, Section 
26B-7-301
 is amended to read:
26B-7-301
. Definitions.
As used in this part:
(1)
"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.
(2)
"Dangerous public health condition" means any of the following:
(a)
a health condition that is:
(i)
directly or indirectly caused by an act of bioterrorism, natural disaster, or human 
created accident; and
(ii)
transmittable to another individual;
(b)
cholera;
(b)
(c)
pneumonic plague;
(c)
(d)
severe acute respiratory syndrome;
(d)
(e)
smallpox;
(e)
(f)
tuberculosis;
(f)
(g)
any viral hemorrhagic fever;
(g)
(h)
measles; or
(h)
(i)
any infection:
(i)
that is new, drug resistant, or reemerging;
(ii)
that evidence suggests is likely to cause either high mortality or morbidity; and
(iii)
only if the relevant legislative body of the county where the infection is located 
approves as needing containment.
(3)
"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.
(4)
(a)
"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)
"Epidemic or pandemic disease" 
includes diseases designated by the department 
which have the potential to cause serious illness or death.
(5)
"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 danger to public safety or health relative to the 
circumstances in existence when the public health emergency expired;
(b)
poses an imminent danger 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.
(6)
"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 an order of restriction is found.
(7)
"Health care provider" means the same as that term is defined in Section 
78B-3-403
.
(8)
"Legislative emergency response committee" means the same as that term is defined in 
Section 
53-2a-203
.
(9)
"Local food" means the same as that term is defined in Section 
4-1-109
.
(10)
(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.
(11)
"Order of restriction" means an order issued by 
a
the
 department
, a local health 
department,
 or a district court which requires an individual
 or group of individuals who 
are subject to restriction
 to
:
(a)
submit to an examination, treatment, isolation, or quarantine
.
; or
(b)
perform a certain action or engage in certain behavior.
(12)
(a)
"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. 
(b)
"Public health emergency" includes an illness or health condition resulting from a 
natural disaster.
(13)
"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.
(14)
"Reportable emergency illness and health condition" includes the diseases, conditions, 
or syndromes designated by the department.
(15)
"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.
(16)
"Threat to public health" means a situation where a dangerous public health condition 
could spread to other individuals.
(17)
"Subject to restriction" as applied to an individual
, or a group of individuals,
 means 
the individual 
or group of individuals 
could create a threat to public health.
Section 8, Section 
26B-7-303
 is amended to read:
26B-7-303
. Applicability -- Administrative procedures.
(1)
Sections 
26B-7-304
 through 
26B-7-315
 apply to involuntary 
examination, treatment, 
isolation, and quarantine actions
orders of restriction
 applied to 
individuals or groups of 
individuals
an individual
 by the department or a local health department.
(2)
The provisions of Sections 
26B-7-304
 through 
26B-7-315
 supersede the provisions of 
Title 63G, Chapter 4, Administrative Procedures Act
.
(3)
The department may adopt rules in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, as necessary to administer the provisions of Sections 
26B-7-304
 through 
26B-7-315
.
Section 9, Section 
26B-7-304
 is amended to read:
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
who is
 subject to restriction 
are
is
 found may:
(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
The
 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 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
individual
 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
.
(d)
The department or a local health department may not issue an order of restriction that 
applies to more than one individual.
(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.
Section 10, Section 
26B-7-304.5
 is enacted to read:
26B-7-304.5
. Order of constraint prohibited.
The department and a local health department may not issue an order of constraint under 
any circumstance.
Section 11, Section 
26B-7-305
 is amended to read:
26B-7-305
. Consent to order of restriction -- Periodic review.
(1)
(a)
The department or a local health department shall either seek judicial review of an 
order of restriction under Sections 
26B-7-309
 through 
26B-7-311
, or obtain the 
consent of an individual subject to an order of restriction.
(b)
If the department or a local health department obtains consent, the consent shall be in 
writing and shall inform the individual
 or group of individuals
:
(i)
of the terms and duration of the order of restriction;
(ii)
of the importance of complying with the order of restriction to protect the public's 
health;
(iii)
that 
each
the
 individual has the right to agree to the order of restriction, or 
refuse to agree to the order of restriction and seek a judicial review of the order of 
restriction;
(iv)
that for any individual who consents to the order of restriction:
(A)
the order of restriction will not be reviewed by the court unless the individual 
withdraws consent to the order of restriction in accordance with Subsection 
(1)(b)(iv)(B)
; and
(B)
the individual shall notify the department or local health department in 
writing, with at least five business day's notice, if the individual intends to 
withdraw consent to the order of restriction; and
(v)
that a breach of a consent agreement prior to the end of the order of restriction 
may subject the individual to an involuntary order of restriction under Section 
26B-7-306
.
(2)
(a)
The department or local health department responsible for the care of an 
individual who has consented to the order of restriction shall periodically reexamine 
the reasons upon which the order of restriction was based. This reexamination shall 
occur at least once every six months.
(b)
(i)
If at any time, the department or local health department determines that the 
conditions justifying the order of restriction for 
either a group or 
an individual 
no longer exist, the department or local health department shall immediately 
discharge the individual
 or group
 from the order of restriction.
(ii)
If the department or local health department determines that the conditions 
justifying the order of restriction continue to exist, the department or local health 
department shall send to the individual a written notice of:
(A)
the department or local health department's findings, the expected duration of 
the order of restriction, and the reason for the decision; and
(B)
the individual's right to a judicial review of the order of restriction by the court 
if requested by the individual.
(iii)
Upon request for judicial review by an individual, the department or local health 
department shall:
(A)
file a petition with the court within five business days after the individual's 
request for a judicial review; and
(B)
proceed under Sections 
26B-7-309
 through 
26B-7-311
.
Section 12, Section 
26B-7-306
 is amended to read:
26B-7-306
. Involuntary order of restriction -- Notice -- Effect of order during 
judicial review.
(1)
If the department or local health department cannot obtain consent to the order of 
restriction from an individual, or if an individual withdraws consent to an order under 
Subsection 
26B-7-305(1)(b)(iv)(B)
, the department or local health department shall:
(a)
give the individual
 or group of individuals
 subject to the order of restriction a 
written notice of:
(i)
the order of restriction and any supporting documentation; and
(ii)
the individual's right to a judicial review of the order of restriction; and
(b)
file a petition for a judicial review of the order of restriction under Section 
26B-7-309
in court within:
(i)
five business days after issuing the written notice of the order of restriction; or
(ii)
if consent has been withdrawn under Subsection 
26B-7-305(1)(b)(iv)(B)
, within 
five business days after receiving notice of the individual's withdrawal of consent.
(2)
(a)
An order of restriction remains in effect during any judicial proceedings to review 
the order of restriction if the department or local health department files a petition for 
judicial review of the order of restriction within the period of time required by this 
section.
(b)
Law enforcement officers with jurisdiction in the area where the individual who is 
subject to the order of restriction can be located shall assist the department or local 
health department with enforcing the order of restriction.
Section 13, Section 
26B-7-307
 is amended to read:
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:
(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 dangerous public health 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)
(3)
(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)
(3)(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)
(3)(a)
.
Section 14, Section 
26B-7-310
 is amended to read:
26B-7-310
. Petition for judicial review of order of restriction -- Court-ordered 
examination period.
(1)
(a)
A department may petition for a judicial review of the department's order of 
restriction for an individual 
or group of individuals who are
who is
 subject to 
restriction by filing a written petition with the court of the county in which the 
individual 
or group of individuals reside
resides
 or 
are
is
 located.
(b)
(i)
The county attorney for the county where the individual 
or group of 
individuals reside or are
resides or is
 located shall represent the local health 
department in any proceedings under Sections 
26B-7-304
 through 
26B-7-314
.
(ii)
The Office of the Attorney General shall represent the department when the 
petitioner is the department in any proceedings under Sections 
26B-7-304
 through 
26B-7-314
.
(2)
The petition under Subsection (1) shall be accompanied by:
(a)
written affidavit of the department stating:
(i)
a belief the individual 
or group of individuals are
is
 subject to restriction;
(ii)
a belief that the individual 
or group of individuals who are subject to restriction 
are
is
 likely to fail to submit to examination, treatment, quarantine, or isolation if 
not immediately restrained;
(iii)
this failure would pose a threat to the public health; and
(iv)
the personal knowledge of the individual's 
or group of individuals' 
condition or 
the circumstances that lead to that belief; and
(b)
a written statement by a licensed physician or physician assistant indicating the 
physician or physician assistant finds the individual 
or group of individuals are
is
subject to restriction.
(3)
The court shall issue an order of restriction requiring the individual
 or group of 
individuals
 to submit to involuntary restriction to protect the public health if the court 
finds:
(a)
there is a reasonable basis to believe that the individual's 
or group of individuals' 
condition requires involuntary examination, quarantine, treatment, or isolation 
pending examination and hearing; or
(b)
the individual 
or group of individuals have
has
 refused to submit to examination by 
a health professional as directed by the department or to voluntarily submit to 
examination, treatment, quarantine, or isolation.
(4)
If the individual 
or group of individuals who are
who is
 subject to restriction 
are
is
 not 
in custody, the court may make 
its
the court's
 determination and issue 
its
an
 order of 
restriction in an ex parte hearing.
(5)
At least 24 hours prior to the hearing required by Section 
26B-7-311
, the department 
which is the petitioner, shall report to the court, in writing, the opinion of qualified 
health care providers:
(a)
regarding whether the individual 
or group of individuals are
is
 infected by or 
contaminated with a dangerous public health condition;
(b)
that despite the exercise of reasonable diligence, the diagnostic studies have not been 
completed;
(c)
whether the individual 
or group of individuals have
has
 agreed to voluntarily 
comply with necessary examination, treatment, quarantine, or isolation; and
(d)
whether the petitioner believes the individual 
or group of individuals 
will comply 
without court proceedings.
Section 15, Section 
26B-7-311
 is amended to read:
26B-7-311
. Court determination for an order of restriction after examination 
period.
(1)
The court shall set a hearing regarding the involuntary order of restriction of an 
individual
 or group of individuals
, to be held within 10 business days of the issuance 
of its order of restriction issued pursuant to Section 
26B-7-310
, unless the petitioner 
informs the court prior to this hearing that the individual
 or group of individuals
:
(a)
are 
is 
not subject to restriction; or
(b)
have
has
 stipulated to the issuance of an order of restriction.
(2)
If the individual 
or an individual in a group of individuals 
has stipulated to the 
issuance of an order of restriction, the court may issue an order as provided in 
Subsection (6) for those individuals without further hearing.
(3)
(a)
If the examination report required in Section 
26B-7-310
 proves the individual 
or 
group of individuals are
is
 not subject to restriction, the court may without further 
hearing terminate the proceedings and dismiss the petition.
(b)
The court may, after a hearing at which the individual 
or group of individuals are
is
present in person or by telephonic or other electronic means and 
have
has
 had the 
opportunity to be represented by counsel, extend 
its
the court's
 order of restriction 
for a reasonable period, not to exceed 90 days, if the court has reason to believe the 
individual 
or group of individuals are
is
 infected by or contaminated with a 
dangerous public health condition.
(4)
The petitioner shall, at the time of the hearing, provide the court with the following 
items, to the extent that they have been issued or are otherwise available:
(a)
the order of restriction issued by the petitioner;
(b)
admission notes if any individual was hospitalized; and
(c)
medical records pertaining to the current order of restriction.
(5)
The information provided to the court under Subsection (4) shall also be provided to the 
individual's 
or group of individual's 
counsel at the time of the hearing, and at any time 
prior to the hearing upon request of counsel.
(6)
(a)
The court shall order the individual 
and each individual in a group of individuals 
to submit to the order of restriction if, upon completion of the hearing and 
consideration of the record, 
it
the court
 finds by clear and convincing evidence that:
(i)
the individual 
or group of individuals are 
is 
infected with a dangerous public 
health condition that poses a threat to public health;
(ii)
there is no appropriate and less restrictive alternative to a court order of 
examination, quarantine, isolation, and treatment, or any of them;
(iii)
the petitioner can provide the individual or group of individuals with treatment 
that is adequate and appropriate to the individual's 
or group of individuals' 
conditions
condition
 and needs; and
(iv)
it is in the public interest to order the individual 
or group of individuals 
to 
submit to involuntary examination, quarantine, isolation, and treatment, or any of 
them after weighing the following factors:
(A)
the personal or religious beliefs, if any, of the individual that are opposed to 
medical examination or treatment;
(B)
the ability of the department to control the public health threat with treatment 
alternatives that are requested by the individual;
(C)
the economic impact for the department if the individual is permitted to use an 
alternative to the treatment recommended by the department; and
(D)
other relevant factors as determined by the court.
(b)
If upon completion of the hearing the court does not find all of the conditions listed 
in Subsection (6)(a) exist, the court shall immediately dismiss the petition.
(7)
The order of restriction shall designate the period, subject to Subsection (8), for which 
the individual 
or group of individuals 
shall be examined, treated, isolated, or 
quarantined.
(8)
(a)
The order of restriction may not exceed six months without benefit of a court 
review hearing.
(b)
(i)
The court review hearing shall be held prior to the expiration of the order of 
restriction issued under Subsection (7).
(ii)
At the review hearing the court may issue an order of restriction for up to an 
indeterminate period, if the court enters a written finding in the record 
determining by clear and convincing evidence that the required conditions in 
Subsection (6) will continue for an indeterminate period.
Section 16, Section 
26B-7-317
 is amended to read:
26B-7-317
. Authorization to report -- Declaration of a public health emergency 
-- Termination of a public health emergency.
(1)
A health care provider is authorized to report to the department any case of a 
reportable 
emergency illness or health
dangerous public health
 condition in any person when:
(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
dangerous 
public
 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
Subsection
(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)
(b)
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)
(5)
(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
Title 26A, Local Health Authorities
, 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)
(5)(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)
(5)(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)
(6)
If the committee created in Section 
53-2a-218
 is convened as described in 
Subsection 
(6)
(5)
, 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)
(7)
(a)
During a public health emergency declared as described in this title, the 
department or a local health department 
shall
may
 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)
(b)
Notwithstanding 
Subsections 
(8)(a)
 and 
(c)
Subsection (7)(a)
, 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)
(8)
(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.
Section 17, Section 
26B-7-321
 is amended to read:
26B-7-321
. Investigation of suspected bioterrorism and diseases -- Termination 
of orders of constraint.
(1)
Subject to Subsection 
(6)
, the 
The 
department shall:
(a)
ascertain the existence of cases of an illness or condition caused by the factors 
described in Subsections 
26B-7-316(1)
 and 
26B-7-317(1)
;
(b)
investigate all such cases for sources of infection or exposure;
(c)
ensure that any cases, suspected cases, and exposed persons are subject to proper 
control measures; and
(d)
define the distribution of the suspected illness or health condition.
(2)
(a)
Acting on information received from the reports required by Sections 
26B-7-316
through 
26B-7-320
, or other reliable information, the department shall identify all 
individuals thought to have been exposed to an illness or condition described in 
Subsection 
26B-7-316(1)
.
(b)
The department may request information from a health care provider concerning an 
individual's identifying information as described in Subsection 
26B-7-316(2)(b)
when:
(i)
the department is investigating a potential illness or condition described in 
Subsection 
26B-7-316(1)
 and the health care provider has not submitted a report 
to the department with the information requested; or
(ii)
the department has received a report from a pharmacist under Section 
26B-7-318
, 
a medical laboratory under Section 
26B-7-319
, or another health care provider 
under Subsection 
26B-7-317(1)
 and the department believes that further 
investigation is necessary to protect the public health.
(c)
A health care provider shall submit the information requested under this section to 
the department within 24 hours after receiving a request from the department.
(3)
The department shall counsel and interview identified individuals as appropriate to:
(a)
assist in the positive identification of other cases and exposed individuals;
(b)
develop information relating to the source and spread of the illness or condition; and
(c)
obtain the names, addresses, phone numbers, or other identifying information of any 
other person from whom the illness or health condition may have been contracted and 
to whom the illness or condition may have spread.
(4)
The department shall, for examination purposes, close, evacuate, or decontaminate any 
facility when the department reasonably believes that such facility or material may 
endanger the public health due to a condition or illness described in Subsection 
26B-7-316(1)
.
(5)
The department shall destroy personally identifying health information about an 
individual collected by the department as a result of a report under Sections 
26B-7-316
through 
26B-7-322
 upon the earlier of:
(a)
the department's determination that the information is no longer necessary to carry 
out an investigation under Sections 
26B-7-316
 through 
26B-7-324
; or
(b)
180 days after the information is collected.
(6)
(a)
The Legislature may at any time terminate by joint resolution an order of 
constraint issued by the department in response to a declared public health 
emergency.
(b)
A county governing body may at any time terminate by majority vote an order of 
constraint issued by the relevant local health department in response to a declared 
public health emergency.
Section 18. 
Effective date.
This bill takes effect on 
May 7, 2025
.
3-6-25 1:10 PM