26-6b-3 - Order of restriction.
26-6b-3. Order of restriction.
(1) The department having jurisdiction over the location where an individual or a groupof individuals who are subject to restriction are found may:
(a) issue a written order of restriction for the individual or group of individuals pursuantto Subsection 26-1-30(2) or 26A-1-114(1)(b) upon compliance with the requirements of thischapter; and
(b) issue a verbal order of restriction for an individual or group of individuals pursuant toSubsection (2)(c).
(2) (a) A department's determination to issue an order of restriction shall be based uponthe 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 asmay be established by the Department of Health by administrative rule.
(b) An order of restriction issued by a department must:
(i) in the opinion of the public health official, be for the shortest reasonable period oftime necessary to protect the public health;
(ii) use the least intrusive method of restriction that, in the opinion of the department, isreasonable based on the totality of circumstances known to the health department issuing theorder 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 theindividual or group of individuals if the delay in imposing a written order of restriction wouldsignificantly jeopardize the department's ability to prevent or limit:
(A) the transmission of a communicable or possibly communicable disease that poses athreat to public health;
(B) the transmission of an infectious agent or possibly infectious agent that poses a threatto public health;
(C) the exposure or possible exposure of a chemical or biological agent that poses athreat 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 torestriction by a first responder;
(C) may be enforced by the first responder until the department is able to establish andmaintain the place of restriction; and
(D) may only be continued beyond the initial 24 hours if a written order of restriction isissued 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 judicialreview of an order of restriction by the district court pursuant to Section 26-6b-6, an individualwho is subject to the order of restriction may be required to submit to involuntary examination,quarantine, isolation, or treatment in his home, a hospital, or any other suitable facility underreasonable 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 thereason for the involuntary examination, treatment, isolation, or quarantine of an individualordered to submit to an order of restriction.
Amended by Chapter 115, 2008 General Session