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[Utah Code Table of Contents]
[TITLE 26. Table of Contents]
26-6-1 Short title.
This chapter shall be known and may be cited as the "Utah
Communicable Disease Control Act."
1981
26-6-2 Definitions.
As used in this chapter:
(1) "Carrier" means an infected individual or animal who harbors a specific infectious agent in the absence of discernible clinical disease and serves as a potential source of infection for man. The carrier state may occur in an individual with an infection that is inapparent throughout its course, commonly known as healthy or asymptomatic carrier, or during the incubation period, convalescence, and postconvalescence of an individual with a clinically recognizable disease, commonly known as incubatory carrier or convalescent carrier. Under either circumstance the carrier state may be of short duration, as a temporary or transient carrier, or long duration, as a chronic carrier.
(2) "Communicable disease" means illness due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from a reservoir to a susceptible host, either directly, as from an infected individual or animal, or indirectly, through an intermediate plant or animal host, vector, or the inanimate environment.
(3) "Communicable period" means the time or times during which an infectious agent may be transferred directly or indirectly from an infected individual to another individual, from an infected animal to man, or from an infected man to an animal, including arthropods.
(4) "Contact" means an individual or animal having had association with an infected individual, animal, or contaminated environment so as to have had an opportunity to acquire the infection.
(5) "Epidemic" means the occurrence or outbreak in a community or region of cases of an illness clearly in excess of normal expectancy and derived from a common or propagated source. The number of cases indicating an epidemic will vary according to the infectious agent, size, and type of population exposed, previous experience or lack of exposure to the disease, and time and place of occurrence. Epidemicity is considered to be relative to usual frequency of the disease in the same area, among the specified population, at the same season of the year.
(6) "Incubation period" means the time interval between exposure to an infectious agent and appearance of the first sign or symptom of the disease in question.
(7) "Infected individual" means an individual who harbors an infectious agent and who has manifest disease or inapparent infection. An infected individual is one from whom the infectious agent can be naturally acquired.
(8) "Infection" means the entry and development or multiplication of an infectious agent in the body of man or animals. Infection is not synonymous with infectious disease; the result may be inapparent or manifest. The presence of living infectious agents on exterior surfaces of the body, or upon articles of apparel or soiled articles, is not infection, but contamination of such surfaces and articles.
(9) "Infectious agent" means an organism such as a virus, rickettsia, bacteria, fungus, protozoan, or helminth that is capable of producing infection or infectious disease.
(10) "Infectious disease" means a disease of man or animals resulting from an infection.
(11) "Isolation" means the separation, for the period of communicability, of infected individuals or animals from others, in such places and under such conditions as to prevent the direct or indirect conveyance of the infectious agent from those infected to those who are susceptible or who may spread the agent to others.
(12) "Quarantine" means the restriction of the activities of well individuals or animals who have been exposed to a communicable disease during its period of communicability to prevent disease transmission.
(13) "School" means a public, private, or parochial nursery school, licensed or unlicensed day care center, child care facility, family care home, headstart program, kindergarten, elementary, or secondary school through grade 12.
(14) "Sexually transmitted disease" means those diseases
transmitted through sexual intercourse or any other sexual
contact.
1996
26-6-3 Authority to investigate and control epidemic infections and communicable disease.
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.
1996
26-6-3.5 Reporting AIDS and HIV infection - Anonymous testing.
(1) Because of the nature and consequences of Acquired Immunodeficiency Syndrome and Human Immunodeficiency Virus infection, the department shall:
(a) require reporting of those conditions; and
(b) utilize contact tracing and other methods for "partner" identification and notification. The department shall, by rule, define individuals who are considered "partners" for purposes of this section.
(2) (a) The requirements of Subsection (1) do not apply to seroprevalence and other epidemiological studies conducted by the department.
(b) The requirements of Subsection (1) do not apply to, and anonymity shall be provided in, research studies conducted by universities or hospitals, under the authority of institutional review boards if those studies are funded in whole or in part by research grants and if anonymity is required in order to obtain the research grant or to carry out the research.
(3) For all purposes of this chapter, Acquired Immunodeficiency Syndrome and Human Immunodeficiency Virus infection are considered communicable and infectious diseases.
(4) The department may establish or allow one site or agency within the state to provide anonymous testing.
(a) The site or agency that provides anonymous testing shall maintain accurate records regarding:
(i) the number of HIV positive individuals that it is able to contact or inform of their condition;
(ii) the number of HIV positive individuals who receive extensive counseling;
(iii) how many HIV positive individuals provide verifiable information for partner notification; and
(iv) how many cases in which partner notification is carried through.
(b) If the information maintained under Subsection (4)(a)
indicates anonymous testing is not resulting in partner notification,
the department shall phase out the anonymous testing program
allowed by this Subsection (4).
2006
26-6-4 Involuntary examination, treatment, isolation, and quarantine.
(1) The following individuals or groups of individuals are subject to examination, treatment, quarantine, or isolation under a department order of restriction:
(a) an individual who is infected or suspected to be infected with a communicable disease that poses a threat to the public health and who does not take action as required by the department or the local health department to prevent spread of the disease;
(b) an individual who is contaminated or suspected to be contaminated with an infectious agent that poses a threat to the public health and that could be spread to others if remedial action is not taken;
(c) an individual who is in a condition or suspected condition which, if exposed to others, poses a threat to public health, or is in a condition which if treatment is not completed will pose a threat to public health; and
(d) an individual who is contaminated or suspected to be contaminated with a chemical or biological agent that poses a threat to the public health and that could be spread to others if remedial action is not taken.
(2) If an individual refuses to take action as required
by the department or the local health department to prevent
the spread of a communicable disease, infectious agent, or
contamination, the department or the local health department
may order involuntary examination, treatment, quarantine,
or isolation of the individual and may petition the district
court to order involuntary examination, treatment, quarantine,
or isolation in accordance with Title 26, Chapter 6b, Communicable
Diseases - Treatment, Isolation, and Quarantine Procedures.
2006
26-6-5 Willful introduction of communicable disease a misdemeanor.
Any person who willfully or knowingly introduces any communicable
or infectious disease into any county, municipality, or community
is guilty of a class A misdemeanor, except as provided in
Section
76-10-1309
.
1993
26-6-6 Duty to report individual suspected of having communicable disease.
The following shall report to the department or the local health department regarding any individual suffering from or suspected of having a disease that is communicable, as required by department rule:
(1) health care providers as defined in Section 78-14-3 ;
(2) facilities licensed under Title 26, Chapter 21, Health Care Facility Licensure and Inspection Act;
(3) health care facilities operated by the federal government;
(4) mental health facilities;
(5) care facilities licensed by the Department of Human Services;
(6) nursing homes and other care facilities;
(7) dispensaries, clinics, or laboratories that diagnose, test, or otherwise care for individuals who are suffering from a disease suspected of being communicable;
(8) individuals who have knowledge of others who have a communicable disease;
(9) individuals in charge of schools having responsibility for any individuals who have a disease suspected of being communicable; and
(10) child care programs, as defined in Section
26-39-102
.
1998
26-6-7 Designation of communicable diseases by department - Establishment of rules for detection, reporting, investigation, prevention, and control.
The department may designate those diseases which are
communicable, of concern to the public health, and reportable;
and establish rules for the detection, reporting, investigation,
prevention, and control of communicable diseases, epidemic
infections, and other health hazards that affect the public
health.
1996
26-6-8 Tuberculosis - Duty of department to investigate, control, and monitor.
(1) The department shall conduct or oversee the investigation, control, and monitoring of suspected or confirmed tuberculosis infection and disease within the state. Local health departments shall investigate, control, and monitor suspected or confirmed tuberculosis infection and disease within their respective jurisdictions.
(2) A health care provider who treats an individual with
suspected or confirmed tuberculosis shall treat the individual
according to guidelines established by the department.
1996
26-6-9 Tuberculosis - Testing of high risk individuals.
Individuals at high risk for tuberculosis shall be tested as required by department rule. The department rule:
(1) shall establish criteria to identify individuals who are at high risk for tuberculosis; and
(2) may establish who is responsible for the costs of
the testing.
1996
26-6-11 Rabies or other animal disease - Investigation and order of quarantine.
Whenever rabies or any other animal disease dangerous
to the health of human beings is reported, the department
shall investigate to determine whether such disease exists,
and the probable area of the state in which man or beast
is thereby endangered. If the department finds that such
disease exists, a quarantine may be declared against all
animals designated in the quarantine order and within the
area specified in the order. If the quarantine is for the
purpose of preventing the spread of rabies or hydrophobia,
the order shall contain a warning to the owners of dogs within
the quarantined area to confine or muzzle all dogs to prevent
biting. Any dog not muzzled found running at large in a quarantined
area or any dog known to have been removed from or escaped
from such area, may be killed by any person without liability
therefor.
1981
26-6-12 Rabies or other animal disease - Investigation following order of quarantine.
Following the order of quarantine the department shall
make a thorough investigation as to the extent of the disease,
the probable number of persons and beasts exposed, and the
area involved.
1981
26-6-13 Rabies or other animal disease - Authority of peace officer to kill or capture animals.
During the period any quarantine order is in force all
peace officers may kill or capture and hold for further action
by the department all animals in a quarantined area not held
in restraint on private premises.
1981
26-6-14 Rabies or other animal disease - Quarantine defined.
Quarantine for the purposes of Sections
26-6-11
through
26-6-13
means strict confinement upon the private premises
of the owners, under restraint by leash, closed cage or paddock
of all animals specified by the order.
1981
26-6-15 Rabies or other animal disease - Possession of animal in violation of chapter a misdemeanor.
Any person in possession of any animal being held in violation
of this chapter is guilty of a class C misdemeanor.
1981
26-6-16 Venereal diseases declared dangerous to public health.
Syphilis, gonorrhea, lymphogranuloma inguinale (venereum)
and chancroid are hereby declared to be contagious, infectious,
communicable and dangerous to the public health.
1981
26-6-17 Venereal disease - Examinations by authorities - Treatment of infected persons.
State, county, and municipal health officers within their
respective jurisdictions may make examinations of persons
reasonably suspected of being infected with venereal disease.
Persons infected with venereal disease shall be required
to report for treatment to either a reputable physician and
continue treatment until cured or to submit to treatment
provided at public expense until cured.
1981
26-6-18 Venereal disease - Consent of minor to treatment.
(1) A consent to medical care or services by a hospital or public clinic or the performance of medical care or services by a licensed physician executed by a minor who is or professes to be afflicted with a sexually transmitted disease, shall have the same legal effect upon the minor and the same legal obligations with regard to the giving of consent as a consent given by a person of full legal age and capacity, the infancy of the minor and any contrary provision of law notwithstanding.
(2) The consent of the minor shall not be subject to later disaffirmance by reason of minority at the time it was given and the consent of no other person or persons shall be necessary to authorize hospital or clinical care or services to be provided to the minor by a licensed physician.
(3) The provisions of this section shall apply also to
minors who profess to be in need of hospital or clinical
care and services or medical care or services provided by
a physician for suspected sexually transmitted disease, regardless
of whether such professed suspicions are subsequently substantiated
on a medical basis.
1981
26-6-19 Venereal disease - Examination and treatment of persons in prison or jail.
(1) All persons confined in any state, county, or city prison or jail shall be examined, and if infected, treated for venereal diseases by the health authorities. The prison authorities of every state, county, or city prison or jail shall make available to the health authorities such portion of the prison or jail as may be necessary for a clinic or hospital wherein all persons suffering with venereal disease at the time of the expiration of their terms of imprisonment, shall be isolated and treated at public expense until cured.
(2) The department may require persons suffering with
venereal disease at the time of the expiration of their terms
of imprisonment to report for treatment to a licensed physician
or submit to treatment provided at public expense in lieu
of isolation. Nothing in this section shall interfere with
the service of any sentence imposed by a court as a punishment
for the commission of crime.
1981
26-6-20 Serological testing of pregnant or recently delivered women.
(1) Every licensed physician and surgeon attending a pregnant or recently delivered woman for conditions relating to her pregnancy shall take or cause to be taken a sample of blood of the woman at the time of first examination or within ten days thereafter. The blood sample shall be submitted to an approved laboratory for a standard serological test for syphilis. The provisions of this section shall not apply to any female who objects thereto on the grounds that she is a bona fide member of a specified, well recognized religious organization whose teachings are contrary to the tests.
(2) Every other person attending a pregnant or recently delivered woman, who is not permitted by law to take blood samples, shall within ten days from the time of first attendance cause a sample of blood to be taken by a licensed physician. The blood sample shall be submitted to an approved laboratory for a standard serological test for syphilis.
(3) An approved laboratory is a laboratory approved by the department according to its rules governing the approval of laboratories for the purpose of this title. In submitting the sample to the laboratory the physician shall designate whether it is a prenatal test or a test following recent delivery.
(4) For the purpose of this chapter, a "standard serological test" means a test for syphilis approved by the department and made at an approved laboratory.
(5) The laboratory shall transmit a detailed report of
the standard serological test, showing the result thereof
to the physician.
2000
26-6-27 Information regarding communicable or reportable disease confidential - Exceptions.
(1) Information collected pursuant to this chapter in the possession of the department or local health departments relating to an individual who has or is suspected of having a disease designated by the department as a communicable or reportable disease under this chapter shall be held by the department and local health departments as strictly confidential. The department and local health departments may not release or make public that information upon subpoena, search warrant, discovery proceedings, or otherwise, except as provided by this section.
(2) The information described in Subsection (1) may be released by the department or local health departments only in accordance with the requirements of this chapter and as follows:
(a) specific medical or epidemiological information may be released with the written consent of the individual identified in that information or, if that individual is deceased, his next-of-kin;
(b) specific medical or epidemiological information may be released to medical personnel or peace officers in a medical emergency, as determined by the department in accordance with guidelines it has established, only to the extent necessary to protect the health or life of the individual identified in the information, or of the attending medical personnel or law enforcement or public safety officers;
(c) specific medical or epidemiological information may be released to authorized personnel within the department, local health departments, official health agencies in other states, the United States Public Health Service, the Centers for Disease Control and Prevention (CDC), or when necessary to continue patient services or to undertake public health efforts to interrupt the transmission of disease;
(d) if the individual identified in the information is under the age of 18, the information may be released to the Division of Child and Family Services within the Department of Human Services in accordance with Section 62A-4a-403 . If that information is required in a court proceeding involving child abuse or sexual abuse under Title 76, Chapter 5, the information shall be disclosed in camera and sealed by the court upon conclusion of the proceedings;
(e) specific medical or epidemiological information may be released to authorized personnel in the department or in local health departments, and to the courts, to carry out the provisions of this title, and rules adopted by the department in accordance with this title;
(f) specific medical or epidemiological information may be released to blood banks, organ and tissue banks, and similar institutions for the purpose of identifying individuals with communicable diseases. The department may, by rule, designate the diseases about which information may be disclosed under this subsection, and may choose to release the name of an infected individual to those organizations without disclosing the specific disease;
(g) specific medical or epidemiological information may be released in such a way that no individual is identifiable;
(h) specific medical or epidemiological information may be released to a "health care provider" as defined in Section 78-14-3 , health care personnel, and public health personnel who have a legitimate need to have access to the information in order to assist the patient, or to protect the health of others closely associated with the patient. This subsection does not create a duty to warn third parties, but is intended only to aid health care providers in their treatment and containment of infectious disease; and
(i) specific medical or epidemiological information regarding
a health care provider, as defined in Section
78-14-3
, may be released to the department, the appropriate
local health department, and the Division of Occupational
and Professional Licensing within the Department of Commerce,
if the identified health care provider is endangering the
safety or life of any individual by his continued practice
of health care.
1998
26-6-28 Protection from examination in legal proceedings - Exceptions.
No officer or employee of the department or of a local
health department may be examined in a legal proceeding of
any kind or character as to the existence or content of information
retained pursuant to this chapter or obtained as a result
of an investigation conducted pursuant to this chapter, without
the written consent of the individual who is identified in
the information or, if that individual is deceased, the consent
of his next-of-kin. This section does not apply to persons
who are under restrictive actions taken by the department
in accordance with Subsection
26-6-27
(2)(e).
1996
26-6-29 Violation - Penalty.
(1) Any individual or entity entitled to receive confidential information from the Department of Health or a local health department under this chapter, other than the individual identified in that information, who violates this chapter by releasing or making public confidential information, or by otherwise breaching the confidentiality requirements of this chapter, is guilty of a class B misdemeanor.
(2) This chapter does not apply to any individual or entity
that holds or receives information relating to an individual
who has or is suspected of having a disease designated by
the department as a communicable or reportable disease under
this chapter, if that individual or entity has obtained the
information from a source other than the department or a
local health department.
1996
26-6-30 Exclusions from confidentiality requirements.
(1) The provisions of this chapter do not apply to:
(a) information that relates to an individual who is in the custody of the Department of Corrections, a county jail, or the Division of Juvenile Justice Services within the Department of Human Services;
(b) information that relates to an individual who has been in the custody of the Department of Corrections, a county jail, or the Division of Juvenile Justice Services within the Department of Human Services, if liability of either of those departments, a county, or a division, or of an employee of a department, division, or county, is alleged by that individual in a lawsuit concerning transmission of an infectious or communicable disease; or
(c) any information relating to an individual who willfully or maliciously or with reckless disregard for the welfare of others transmits a communicable or infectious disease.
(2) Nothing in this chapter limits the right of the individual
identified in the information described in Subsection
26-6-27
(1) to disclose that information.
2003
