26-6b-1. Applicability of chapter — Administrative procedures. (1) This chapter applies to involuntary examination, treatment, isolation, and quarantine actions applied to individuals or groups of individuals by the department or a local health department. (2) The provisions of this chapter supersede the provisions of Title 63G, Chapter 4, Administrative Procedures Act. (3) The Department of […]
26-6b-10. Severability. If any provision of this chapter, or the application of this chapter to any person or circumstance, is found to be unconstitutional, the provision is severable and the balance of this chapter remains effective, notwithstanding that unconstitutionality. Enacted by Chapter 211, 1996 General Session
Effective 5/5/2021 26-6b-3. Order of restriction. (1) Subject to Subsection (5), 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 Section 26-1-30 or Subsection 26A-1-114(1)(b) […]
26-6b-3.1. Consent to order of restriction — Periodic review. (1) (a) The department shall either seek judicial review of an order of restriction under Sections 26-6b-4 through 26-6b-6, or obtain the consent of an individual subject to an order of restriction. (b) If the department obtains consent, the consent shall be in writing and shall […]
26-6b-3.2. Involuntary order of restriction — Notice — Effect of order during judicial review. (1) If the department cannot obtain consent to the order of restriction from an individual, or if an individual withdraws consent to an order under Subsection 26-6b-3.1(1)(b)(iv)(B), the department shall: (a) give the individual or group of individuals subject to the […]
26-6b-3.3. Contents of notice of order of restriction — Rights of individuals. (1) A written order of restriction issued by a 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 […]
26-6b-3.4. Medical records — Privacy protections. (1) (a) Health care providers as defined in Section 78B-3-403, health care facilities licensed under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, and governmental entities, shall, when requested, provide the public health official and the individual subject to an order of restriction, a copy of […]
26-6b-4. Judicial review by the district court — Required notice — Representation by counsel — Conduct of proceedings. (1) The provisions of this section and Sections 26-6b-5 through 26-6b-7 apply if a department issues an order for restriction, and: (a) an individual subject to the order of restriction refuses to consent to the order of […]
Effective 5/14/2019 26-6b-5. 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 subject to restriction by filing a written petition with the district court of the county […]
26-6b-6. Court determination for an order of restriction after examination period. (1) The district 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 26-6b-5, unless the petitioner […]
26-6b-7. Periodic review of individuals under court order. (1) At least two weeks prior to the expiration of the designated period of any court order still in effect, the petitioner shall inform the court that issued the order that the order is about to expire. The petitioner shall immediately reexamine the reasons upon which the […]
26-6b-8. Transportation of individuals subject to temporary or court-ordered restriction. Transportation of an individual subject to an order of restriction to court, or to a place for examination, quarantine, isolation, or treatment pursuant a temporary order issued by a department, or pursuant to a court order, shall be conducted by the county sheriff where the […]
26-6b-9. Examination, quarantine, isolation, and treatment costs. If a local health department obtains approval from the Department of Health, the costs that the local health department would otherwise have to bear for examination, quarantine, isolation, and treatment ordered under the provisions of this chapter shall be paid by the Department of Health to the extent […]
