26-6b-3.3 - Contents of notice of order of restriction -- Rights of individuals.
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 followinginformation:
(a) the identity of the individual or a description of the group of individuals subject to theorder 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 therestriction;
(d) the suspected communicable disease, infectious, chemical or biological agent, orother condition that poses a threat to public health;
(e) the requirements for termination of the order of restriction, such as necessarylaboratory reports, the expiration of an incubation period, or the completion of treatment for thecommunicable disease;
(f) any conditions on the restriction, such as limitation of visitors or requirements formedical 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 thedistrict 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 ofrestriction in accordance with Subsection 26-6b-4(3);
(b) the right to be provided with prior notice of the date, time, and location of anyhearing concerning the order of restriction;
(c) the right to participate in any hearing, in a manner established by the court based onprecautions necessary to prevent additional exposure to communicable or possibly communicablediseases or to protect the public health;
(d) the right to respond and present evidence and arguments on the individual's ownbehalf 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 issuedthe order of restriction which relate to the subject of the written order of restriction.
(3) (a) Notwithstanding the provisions of Subsection (1), if a department issues an orderof restriction for a group of individuals, the department may modify the method of providingnotice to the group or modify the information contained in the notice, if the public health officialdetermines 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 theindividuals in the group within the period of time necessary to protect the public health.
(b) When a department modifies notice to a group of individuals under Subsection (3)(a),the department shall provide each individual in the group with notice that complies with theprovisions of Subsection (1) as soon as reasonably practical.
(4) (a) In addition to the rights of an individual described in Subsections (1) and (2), anindividual subject to an order of restriction may not be terminated from employment if the reasonfor termination is based solely on the fact that the individual is or was subject to an order of
restriction.
(b) The department issuing the order of restriction shall give the individual subject to theorder of restriction notice of the individual's employment rights under Subsection (4)(a).
(c) An employer in the state, including an employer who is the state or a politicalsubdivision of the state, may not violate the provisions of Subsection (4)(a).
Amended by Chapter 115, 2008 General Session