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[End of Bill] [STATUS] [FISCAL NOTE]
SB 216
1
COMMUNICABLE DISEASES - TREATMENT
2
AND ISOLATION
3
1996 GENERAL SESSION
4
STATE OF UTAH
5
Sponsor: Robert F. Montgomery
6
AN ACT RELATING TO HEALTH; PROVIDING FOR THE ORDERING OF INVOLUNTARY
7
TREATMENT, ISOLATION, AND QUARANTINE OF PERSONS WITH ENDANGERING
8
COMMUNICABLE DISEASES; PROVIDING FOR STANDARDS, PROCEDURES, AND
9
HEARINGS PRIOR TO THE ORDER; REQUIRING THE REPORTING OF PERSON WITH
10
COMMUNICABLE DISEASES; AND AUTHORIZING THE DEPARTMENT OF HEALTH
11
AND LOCAL HEALTH DEPARTMENTS TO CARRY OUT THESE PROVISIONS.
12
This act affects sections of Utah Code Annotated 1953 as follows:
13
AMENDS:
14
26-6-2, as enacted by Chapter 126, Laws of Utah 1981
15
26-6-3, as last amended by Chapter 156, Laws of Utah 1989
16
26-6-4, as enacted by Chapter 126, Laws of Utah 1981
17
26-6-7, as enacted by Chapter 126, Laws of Utah 1981
18
26-6-8, as enacted by Chapter 126, Laws of Utah 1981
19
ENACTS:
20
26-6-3.5, Utah Code Annotated 1953
21
26-6b-1, Utah Code Annotated 1953
22
26-6b-2, Utah Code Annotated 1953
23
26-6b-3, Utah Code Annotated 1953
24
26-6b-4, Utah Code Annotated 1953
25
26-6b-5, Utah Code Annotated 1953
26
26-6b-6, Utah Code Annotated 1953
27
26-6b-7, Utah Code Annotated 1953
1
26-6b-8, Utah Code Annotated 1953
2
26-6b-9, Utah Code Annotated 1953
3
26-6b-10, Utah Code Annotated 1953
4
REPEALS AND REENACTS:
5
26-6-6, as enacted by Chapter 126, Laws of Utah 1981
6
26-6-9, as enacted by Chapter 126, Laws of Utah 1981
7
REPEALS:
8
26-6-10, as enacted by Chapter 126, Laws of Utah 1981
9
Be it enacted by the Legislature of the state of Utah:
10
Section 1.
Section
26-6-2
is amended to read:
11
26-6-2. Definitions.
12
As used in this chapter:
13
[(1) "Active tuberculosis" means a disease in a communicable or infectious stage as
14
established by chest x-ray, bacteriological examination of body tissues, secretions or other
15
diagnostic procedures outlined in the Code of Communicable Disease Rules and Regulations.]
16
[(2)] (1) "Carrier" means an infected [person] individual or animal who harbors a specific
17
infectious agent in the absence of discernible clinical disease and serves as a potential source of
18
infection for man. The carrier state may occur in an individual with an infection that is inapparent
19
throughout its course, [(]commonly known as healthy or asymptomatic carrier[)], or during the
20
incubation period, convalescence, and postconvalescence of an individual with a clinically
21
recognizable disease, [(]commonly known as incubatory carrier or convalescent carrier[)]. Under
22
either circumstance the carrier state may be of short duration, as a temporary or transient carrier,
23
or long duration [(temporary or transient carrier or], as a chronic carrier[)].
24
[(3)] (2) "Communicable disease" means illness due to a specific infectious agent or its
25
toxic products which arises through transmission of that agent or its products from a reservoir to
26
a susceptible host, either directly, as from an infected [person] individual or animal, or indirectly,
27
through an intermediate plant or animal host, vector, or the inanimate environment.
28
[(4)] (3) "Communicable period" means the time or times during which an infectious agent
29
may be transferred directly or indirectly from an infected [person] individual to another [person]
30
individual, from an infected animal to man, or from an infected man to an animal, including
31
arthropods.
- 2 -
1
[(5) "Conditional enrollment" means allowing a child to be enrolled in school without
2
adequate immunizations but having a minimum of one dose of vaccine for each disease.]
3
[(6)] (4) "Contact" means [a person] an individual or animal having had association with
4
an infected [person] individual, animal, or contaminated environment so as to have had an
5
opportunity to acquire the infection.
6
[(7)] (5) "Epidemic" means the occurrence or outbreak in a community or region of cases
7
of an illness clearly in excess of normal expectancy and derived from a common or propagated
8
source. The number of cases indicating an epidemic will vary according to the infectious agent,
9
size, and type of population exposed, previous experience or lack of exposure to the disease, and
10
time and place of occurrence[; epidemicity]. Epidemicity is [thus] considered to be relative to
11
usual frequency of the disease in the same area, among the specified population, at the same season
12
of the year.
13
[(8) "Immunized or immunization" means a state of resistance to disease through
14
administration of an immunizing agent.]
15
[(9)] (6) "Incubation period" means the time interval between exposure to an infectious
16
agent and appearance of the first sign or symptom of the disease in question.
17
[(10)] (7) "Infected [person] individual" means [a person] an individual who harbors an
18
infectious agent and who has manifest disease or inapparent infection. An infected [person]
19
individual is one from whom the infectious agent can be naturally acquired.
20
[(11)] (8) "Infection" means the entry and development or multiplication of an infectious
21
agent in the body of man or animals. Infection is not synonymous with infectious disease; the
22
result may be inapparent or manifest. The presence of living infectious agents on exterior surfaces
23
of the body, or upon articles of apparel or soiled articles, is not infection, but contamination of
24
such surfaces and articles.
25
[(12)] (9) "Infectious agent" means an organism[, chiefly a microorganism but including
26
helminths,] such as a virus, rickettsia, bacteria, fungus, protozoan, or helminth that is capable of
27
producing infection or infectious disease.
28
[(13)] (10) "Infectious disease" means a disease of man or animals resulting from an
29
infection.
30
[(14)] (11) "Isolation" means the separation, for the period of communicability, of infected
31
[persons] individuals or animals from others, in such places and under such conditions as to
- 3 -
1
prevent the direct or indirect conveyance of the infectious agent from those infected to those who
2
are susceptible or who may spread the agent to others.
3
[(15) "Provisional enrollment" means allowing a child transferring into a school to enroll
4
and attend without a certificate of immunization.]
5
[(16)] (12) "Quarantine" means the [limitation of movement of persons or domestic
6
animals exposed to a communicable disease, for a period of time not to exceed the longest usual
7
incubation period of the disease, in order to prevent contact with those not so exposed.] restriction
8
of the activities of well individuals or animals who have been exposed to a communicable disease
9
during its period of communicability to prevent disease transmission.
10
[(17)] (13) "School" means a public, private, or parochial nursery school, licensed or
11
unlicensed day care center, child care facility, family care home, headstart program, kindergarten,
12
elementary, or secondary school through grade 12.
13
[(18)] (14) "Sexually transmitted disease" means those diseases transmitted through sexual
14
intercourse or any other sexual contact.
15
Section 2.
Section
26-6-3
is amended to read:
16
26-6-3. Authority to investigate and control epidemic infections and communicable
17
disease.
18
[(1)] The department has authority to investigate and control the causes of epidemic
19
infections and communicable disease, and shall provide for the detection, reporting, prevention,
20
and control of communicable diseases and epidemic infections or any other health hazard which
21
may affect the public health. [The department has authority to adopt rules, not inconsistent with
22
law, which are necessary to aid in the prevention and control of communicable disease and
23
epidemic infections.]
24
[(2) Because of the nature and consequences of Acquired Immunodeficiency Syndrome
25
and Human Immunodeficiency Virus infection, the department shall:]
26
[(a) require reporting of those conditions; and]
27
[(b) utilize contact tracing and other methods for "partner" identification and notification.
28
The department shall, by rule, define persons who shall be considered "partners" for purposes of
29
this section.]
30
[(3) (a) The requirements of Subsection (2) do not apply to seroprevalence and other
31
epidemiological studies conducted by the department.]
- 4 -
1
[(b) The requirements of Subsection (2) do not apply to, and anonymity shall be provided
2
in, research studies conducted by universities or hospitals, under the authority of institutional
3
review boards if those studies are funded in whole or in part by research grants and if anonymity
4
is required in order to obtain the research grant or to carry out the research.]
5
[(4) For all purposes of this chapter, Acquired Immunodeficiency Syndrome and Human
6
Immunodeficiency Virus infection shall be considered communicable and infectious diseases.]
7
[(5) The department may establish or allow one site or agency within the state to provide
8
anonymous testing.]
9
[(a) The site or agency that provides anonymous testing shall maintain accurate records
10
regarding:]
11
[(i) the number of HIV positive individuals that it is able to contact or inform of their
12
condition;]
13
[(ii) the number of HIV positive individuals who receive extensive counseling;]
14
[(iii) how many HIV positive individuals provide verifiable information for partner
15
notification; and]
16
[(iv) how many cases in which partner notification is carried through.]
17
[(b) A statistical report of the information maintained under Subsection (a) shall be
18
presented to the Legislative Interim Health Committee on an annual basis. The information
19
collected under Subsection (a) and the reports required by this subsection shall be maintained and
20
presented in such a way that no person is identifiable.]
21
[(c) If the information and reports indicate that anonymous testing is not resulting in
22
partner notification, the department shall phase out the anonymous testing program allowed by this
23
subsection.]
24
Section 3.
Section
26-6-3.5
is enacted to read:
25
26-6-3.5. Reporting AIDS and HIV infection -- Anonymous testing.
26
(1) Because of the nature and consequences of Acquired Immunodeficiency Syndrome and
27
Human Immunodeficiency Virus infection, the department shall:
28
(a) require reporting of those conditions; and
29
(b) utilize contact tracing and other methods for "partner" identification and notification.
30
The department shall, by rule, define individuals who are considered "partners" for purposes of
31
this section.
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1
(2) (a) The requirements of Subsection (1) do not apply to seroprevalence and other
2
epidemiological studies conducted by the department.
3
(b) The requirements of Subsection (1) do not apply to, and anonymity shall be provided
4
in, research studies conducted by universities or hospitals, under the authority of institutional
5
review boards if those studies are funded in whole or in part by research grants and if anonymity
6
is required in order to obtain the research grant or to carry out the research.
7
(3) For all purposes of this chapter, Acquired Immunodeficiency Syndrome and Human
8
Immunodeficiency Virus infection are considered communicable and infectious diseases.
9
(4) The department may establish or allow one site or agency within the state to provide
10
anonymous testing.
11
(a) The site or agency that provides anonymous testing shall maintain accurate records
12
regarding:
13
(i) the number of HIV positive individuals that it is able to contact or inform of their
14
condition;
15
(ii) the number of HIV positive individuals who receive extensive counseling;
16
(iii) how many HIV positive individuals provide verifiable information for partner
17
notification; and
18
(iv) how many cases in which partner notification is carried through.
19
(b) A statistical report of the information maintained under Subsection (4)(a) shall be
20
presented to the Legislative Interim Health Committee on an annual basis. The information
21
collected under Subsection (4)(a) and the reports required by this subsection shall be maintained
22
and presented in such a way that no individual is identifiable.
23
(c) If the information and reports indicate anonymous testing is not resulting in partner
24
notification, the department shall phase out the anonymous testing program allowed by this
25
subsection.
26
Section 4.
Section
26-6-4
is amended to read:
27
26-6-4. Involuntary treatment, isolation, and quarantine.
28
[(1) When any physician, or other interested person, reports to the department, or its
29
authorized representative, that any person is afflicted with a communicable disease, and such
30
person conducts himself so as to expose others to infection, the executive director or his authorized
31
representative shall investigate to determine whether the individual has a dangerous communicable
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1
disease or is a carrier or contact of such disease. The individual shall be encouraged to voluntarily
2
submit to an examination and to take recommended treatment or take preventative and sanitary
3
measures.]
4
[(2) If the disease is proven to be present in a communicable state, a carrier state, or the
5
individual is a contact, the executive director or his authorized representative may request action
6
of the county attorney of the county in which the person is a resident or is located to commit such
7
person to quarantine and isolation and compulsory treatment, if treatment is deemed necessary and
8
the person with a communicable disease refuses to voluntarily submit. Quarantine and isolation
9
may be in a department-approved home or convalescent home or an approved hospital. In the case
10
of those who rely upon treatment by prayer or spiritual means in accordance with the creed or
11
tenets of any well recognized church or religious denomination, quarantine, isolation, and
12
treatment shall be in a home or institution established for such persons which complies with state
13
and local sanitary laws.]
14
(1) The following individuals are subject to restriction under a department order for
15
treatment, quarantine, or isolation:
16
(a) an individual who is infected or suspected to be infected with a communicable disease
17
that poses a threat to the public health and who does not take action as required by the department
18
or the local health department to prevent spread of the disease;
19
(b) an individual who is contaminated or suspected to be contaminated with an infectious
20
agent that poses a threat to the public health and that could be spread to others if remedial action
21
is not taken; and
22
(c) an individual who is in a condition or suspected condition which, if exposed to others,
23
poses a serious public health hazard.
24
(2) If an individual refuses to take action as required by the department or the local health
25
department to prevent the spread of a communicable disease, infectious agent, or contamination,
26
the department or the local health department may order temporary involuntary treatment,
27
quarantine, or isolation of the individual and may petition the district court to order involuntary
28
treatment, quarantine, or isolation in accordance with Chapter 6b.
29
(3) [The] (a) To the extent that other sources and insurance do not pay for costs incurred,
30
the cost of [compulsory] involuntary treatment, care and maintenance necessary to prevent the
31
spread of the communicable disease, infectious agent, or contamination of [such persons at private
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1
hospitals, approved homes or approved convalescent homes,] individuals subjected to involuntary
2
treatment, quarantine, or isolation shall be provided for by the department at a reasonable rate.
3
(b) If the [person] individual is able to pay all or any part of the cost of his [per diem
4
charges] treatment, care, and maintenance, the department shall collect and retain the same for this
5
program.
6
[(4) Supervision of care and treatment of such persons shall be the responsibility of the
7
department.]
8
Section 5.
Section
26-6-6
is repealed and reenacted to read:
9
26-6-6. Duty to report individual suspected of having communicable disease.
10
The following shall report to the department or the local health department regarding any
11
individual suffering from or suspected of having a disease that is communicable, as required by
12
department rule:
13
(1) health care providers as defined in Section
78-14-3
;
14
(2) facilities licensed under Title 26, Chapter 21, Health Care Facility Licensure and
15
Inspection Act;
16
(3) health care facilities operated by the federal government;
17
(4) mental health facilities;
18
(5) care facilities licensed by the department of Human Services;
19
(6) nursing homes and other care facilities;
20
(7) dispensaries, clinics, or laboratories that diagnose, test, or otherwise care for
21
individuals who are suffering from a disease suspected of being communicable;
22
(8) individuals who have knowledge of others who have a communicable disease; and
23
(9) individuals in charge of schools having responsibility for any individuals who have a
24
disease suspected of being communicable.
25
Section 6.
Section
26-6-7
is amended to read:
26
26-6-7. Designation of communicable diseases by department -- Establishment of
27
rules for reporting, investigation, and control.
28
The department may designate those diseases which are communicable, of concern to the
29
public health, and reportable; and establish rules for the detection, reporting, investigation,
30
prevention, and control of communicable diseases, epidemic infections, and other health hazards
31
that affect the public health.
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1
Section 7.
Section
26-6-8
is amended to read:
2
26-6-8. Tuberculosis -- Duty of department to investigate, control, and monitor.
3
(1) The department shall [investigate] conduct or oversee the investigation, control, and
4
[monitor] monitoring of suspected or confirmed tuberculosis infection and disease within the state.
5
Local health departments shall investigate, control, and monitor suspected or confirmed
6
tuberculosis infection and disease within their respective jurisdictions.
7
[(2) Any individual with suspected or confirmed active tuberculosis shall be referred for
8
inpatient or outpatient treatment and appropriate chemotherapy. Such individual shall be
9
monitored by the department until a determination has been made that the tuberculosis is not active
10
or, in the case of confirmed active tuberculosis, until such time as chemotherapy has been
11
completed.]
12
(2) A health care provider who treats an individual with suspected or confirmed
13
tuberculosis shall treat the individual according to guidelines established by the department.
14
Section 8.
Section
26-6-9
is repealed and reenacted to read:
15
26-6-9. Tuberculosis -- Testing of high risk individuals.
16
Individuals at high risk for tuberculosis shall be tested as required by department rule. The
17
department rule:
18
(1) shall establish criteria to identify individuals who are at high risk for tuberculosis; and
19
(2) may establish who is responsible for the costs of the testing.
20
Section 9.
Section
26-6b-1
is enacted to read:
21
CHAPTER 6b. COMMUNICABLE DISEASES - TREATMENT, ISOLATION,
22
AND QUARANTINE PROCEDURES
23
26-6b-1. Applicability of chapter -- Administrative procedures.
24
(1) This chapter applies to involuntary treatment, isolation, and quarantine actions applied
25
to individuals by the department or a local health department.
26
(2) The provisions of this chapter supersede the provisions of Title 63, Chapter 46b,
27
Administrative Procedures Act.
28
Section 10.
Section
26-6b-2
is enacted to read:
29
26-6b-2. Definition of "subject to supervision."
30
As used in this chapter, "subject to supervision" as applied to an individual means the
31
individual is:
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1
(1) infected or suspected to be infected with a communicable disease that poses a threat
2
to the public health and who does not take action as required by the department or the local health
3
department to prevent spread of the disease;
4
(2) contaminated or suspected to be contaminated with an infectious agent that poses a
5
threat to the public health, and that could be spread to others if remedial action is not taken;
6
(3) in a condition or suspected condition which, if the individual is exposed to others,
7
poses a serious public health hazard, or is in a condition which if treatment is not completed he
8
will soon pose a serious public health hazard; or
9
(4) contaminated or suspected to be contaminated with a chemical or biological agent that
10
poses a threat to the public health and that could be spread to others if remedial action is not taken.
11
Section 11.
Section
26-6b-3
is enacted to read:
12
26-6b-3. Temporary involuntary treatment, isolation, and quarantine.
13
(1) The department, or the local health department having jurisdiction over the location
14
where an individual who is subject to supervision is found, may issue an order for the individual's
15
temporary involuntary treatment, quarantine, or isolation pursuant to Subsections
26-1-30
(2),
16
26A-1-114
(1)(b), or Section
26-6-4
upon compliance with the requirements of this section.
17
(2) An individual who is subject to supervision who willfully fails to voluntarily submit
18
to treatment, quarantine, or isolation as requested by the department or the local health department
19
may be ordered to submit to treatment, quarantine, or isolation upon:
20
(a) written affidavit of the department or the local health department stating:
21
(i) a belief that the individual who is subject to supervision is likely to fail to submit to
22
treatment, quarantine, or isolation if not immediately restrained;
23
(ii) this failure would pose a threat to the public health; and
24
(iii) the personal knowledge of the individual's condition or the circumstances that lead
25
to that belief; and
26
(b) a written statement by a licensed physician indicating the physician finds the individual
27
is subject to supervision.
28
(3) A temporary order issued under Subsection (1) may:
29
(a) be made by the department or by the local health department;
30
(b) order the individual to submit to reasonable involuntary treatment, quarantine, and
31
isolation, or any of these; and
- 10 -
1
(c) not require an individual to be subject to involuntarily quarantine, isolation, or
2
treatment for more than five days, excluding Saturdays, Sundays, and legal holidays, unless a
3
petition has been filed with the district court pursuant to Section
26-6b-4
.
4
(4) (a) Pending issuance of an examination order pursuant to Section
26-6b-5
or an order
5
for involuntary quarantine, isolation, or treatment from a district court pursuant to Section
26-6b-6
,
6
the individual who is the subject of the temporary order may be required to submit to involuntary
7
quarantine, isolation, or treatment in his home, a hospital, or any other suitable facility under
8
reasonable conditions prescribed by the department or the local health department.
9
(b) The department or the local health department, whichever initially ordered the
10
quarantine, isolation, or treatment, shall take reasonable measures, including the provision of
11
medical care, as may be necessary to assure proper care related to the reason for the involuntary
12
treatment, isolation, or quarantine of an individual ordered to submit to involuntary treatment,
13
isolation, or quarantine.
14
(5) The individual who is subject to supervision shall be served a copy of the temporary
15
order, together with the affidavit and the physician's written statement, upon being taken into
16
custody. A copy shall also be maintained at the place of quarantine, isolation, or treatment.
17
Section 12.
Section
26-6b-4
is enacted to read:
18
26-6b-4. Required notice -- Representation by counsel -- Conduct of proceedings.
19
(1) (a) If the individual who is subject to supervision is in custody, the department or the
20
local health department, whichever is the petitioner, shall provide to the individual written notice
21
of commencement of all proceedings and hearings held pursuant to Sections
26-6b-5
through
22
26-6b-7
as soon as practicable, and shall mail the notice to the legal guardian, any immediate adult
23
family members, legal counsel for the parties involved, and any other persons whom the individual
24
or the district court designates. The notice shall advise these persons that a hearing may be held
25
within the time provided by this chapter.
26
(b) If the individual has refused to permit release of information necessary for the
27
provision of notice under this subsection, the extent of notice shall be determined by the district
28
court.
29
(2) (a) If the individual who is subject to supervision is in custody, he shall be afforded
30
an opportunity to be represented by counsel. If neither the individual nor others provide for
31
counsel, the district court shall appoint counsel and allow counsel sufficient time to consult with
- 11 -
1
the individual prior to the hearing. If the individual is indigent, the payment of reasonable
2
attorneys' fees for counsel, as determined by the district court, shall be made by the county in
3
which the individual resides or was found.
4
(b) The individual, the petitioner, and all other persons to whom notice is required to be
5
given shall be afforded an opportunity to appear at the hearings, to testify, and to present and
6
cross-examine witnesses. The district court may, in its discretion, receive the testimony of any
7
other individual.
8
(c) The district court may allow a waiver of the individual's right to appear only for good
9
cause shown, and that cause shall be made a part of the court record.
10
(d) The district court may order that the individual participate in the hearing by telephonic
11
means if the individual's condition poses a health threat to those who physically attend the hearing
12
or to others if the individual is transported to the court.
13
(3) The district court may, in its discretion, order that the individual be moved to a more
14
appropriate treatment, quarantine, or isolation facility outside of its jurisdiction, and may transfer
15
the proceedings to any other district court within this state where venue is proper, provided that
16
the transfer will not be adverse to the legal interests of the individual.
17
(4) The district court may exclude from the hearing all persons not necessary for the
18
conduct of the proceedings.
19
(5) All hearings shall be conducted in as informal a manner as may be consistent with
20
orderly procedure, and in a physical setting that is not likely to have a harmful effect on the health
21
of the individual or others required to participate in the hearing.
22
(6) The district court shall receive all relevant and material evidence which is offered,
23
subject to Utah Rules of Evidence.
24
Section 13.
Section
26-6b-5
is enacted to read:
25
26-6b-5. Petition for an order of involuntary treatment, quarantine, or isolation --
26
Court-ordered examination period.
27
(1) (a) The department or the local health department may commence proceedings for a
28
court-ordered involuntary treatment, quarantine, or isolation of an individual who is subject to
29
supervision by filing a written petition with the district court of the county in which the individual
30
resides or is located.
31
(b) The county attorney for the county where the individual resides or is located shall
- 12 -
1
represent the local health department in any proceedings under this chapter.
2
(2) The application under Subsection (1) shall be accompanied by:
3
(a) written affidavit of the department or the local health department stating:
4
(i) a belief the person is subject to supervision;
5
(ii) a belief that the individual who is subject to supervision is likely to fail to submit to
6
treatment, quarantine, or isolation if not immediately restrained;
7
(iii) this failure would pose a threat to the public health; and
8
(iv) the personal knowledge of the individual's condition or the circumstances that lead
9
to that belief; and
10
(b) a written statement by a licensed physician indicating the physician finds the individual
11
is subject to supervision.
12
(3) The court shall issue an examination order requiring the individual to submit to
13
involuntary quarantine, isolation, or treatment under the supervision and care requirements of
14
Subsection
26-6b-3
(4) and to be examined to verify whether the individual is infected,
15
contaminated, or in a condition that requires quarantine, isolation, or treatment to protect the public
16
health if the district court finds:
17
(a) there is a reasonable basis to believe that the individual's condition requires involuntary
18
quarantine, treatment, or isolation pending examination and hearing; or
19
(b) the individual has refused to submit to examination by a health professional as directed
20
by the department or the local health department or to voluntarily submit to treatment, quarantine,
21
or isolation.
22
(4) If the individual who is subject to supervision is not in custody, the court may make
23
its determination and issue its examination order in an ex parte hearing.
24
(5) At least 24 hours prior to the hearing required by Section
26-6b-6
, the department or
25
the local health department, whichever is the petitioner, shall report to the court, in writing, the
26
opinion of qualified health care providers:
27
(a) (i) regarding whether the individual: is afflicted with an infectious communicable
28
disease that is a threat to the public health; is contaminated with a chemical or biological agent that
29
is a threat to the public health; or is in a condition, the exposure to which poses a serious
30
immediate public health hazard; or
31
(ii) that despite the exercise of reasonable diligence, the diagnostic studies have not been
- 13 -
1
completed;
2
(b) whether the individual has agreed to voluntarily comply with necessary treatment,
3
quarantine, or isolation; and
4
(c) whether the petitioner believes the individual will comply without court proceedings.
5
Section 14.
Section
26-6b-6
is enacted to read:
6
26-6b-6. Court determination for involuntary supervision after examination period.
7
(1) The district court shall set a hearing regarding the involuntary quarantine, isolation,
8
and treatment of an individual, to be held within ten business days of the issuance of its
9
examination order issued pursuant to Section
26-6b-5
, unless the petitioner informs the district
10
court prior to this hearing that the individual:
11
(a) is not subject to supervision;
12
(b) has stipulated to the issuance of an order for involuntary quarantine, isolation, or
13
treatment; or
14
(c) has agreed that quarantine, isolation, or treatment are available and acceptable without
15
court proceedings.
16
(2) (a) If the individual is not subject to supervision, or if quarantine, isolation, or
17
treatment are available and acceptable to the individual without court proceedings, the court may,
18
without taking any further action, terminate the proceedings and dismiss the petition.
19
(b) If the individual has stipulated to the issuance of an order for involuntary quarantine,
20
isolation, or treatment, the court may issue an order as provided in Subsection (5) without further
21
hearing.
22
(3) (a) If the examination report required in Section
26-6b-5
proves the individual is not
23
subject to supervision, the court may without further hearing terminate the proceedings and
24
dismiss the petition.
25
(b) The court may, after a hearing at which the individual is present in person or by
26
telephonic means and has had the opportunity to be represented by counsel, extend its examination
27
order for a reasonable period, not to exceed 90 days, if the petitioner has reason to believe the
28
individual:
29
(i) is contaminated with a chemical or biological agent that is a threat to the public health;
30
or
31
(ii) is in a condition, the exposure to which poses a serious public health hazard, but
- 14 -
1
despite the exercise of reasonable diligence the diagnostic studies have not been completed.
2
(4) The petitioner shall, at the time of the hearing, provide the district court with the
3
following items, to the extent that they have been issued or are otherwise available:
4
(a) the temporary order issued by the petitioner;
5
(b) admission notes if the individual was hospitalized; and
6
(c) medical records pertaining to the current involuntary treatment, quarantine, or isolation.
7
(5) The information provided to the court under Subsection (4) shall also be provided to
8
the individual's counsel at the time of the hearing, and at any time prior to the hearing upon request
9
of counsel.
10
(6) (a) The district court shall order the individual to submit to involuntary treatment,
11
quarantine, or isolation if, upon completion of the hearing and consideration of the record, it finds
12
by clear and convincing evidence that:
13
(i) the individual is infected with a communicable disease, is contaminated with a chemical
14
or biological agent, is in a condition, the exposure to which poses a serious public health hazard,
15
or is in a condition which if treatment is not completed the individual will soon pose a serious
16
public health hazard;
17
(ii) there is no appropriate and less restrictive alternative to a court order of quarantine,
18
isolation, and treatment, or any of them;
19
(iii) the petitioner can provide the individual with treatment that is adequate and
20
appropriate to his conditions and needs; and
21
(iv) it is in the public interest to order the individual to submit to involuntary quarantine,
22
isolation, and treatment, or any of them.
23
(b) If upon completion of the hearing the court does not find all of the conditions listed
24
in Subsection (6)(a) exist, the court shall immediately dismiss the petition.
25
(7) The order of involuntary treatment, quarantine, or isolation shall designate the period,
26
subject to Subsection (8), for which the individual shall be treated, isolated, or quarantined.
27
(8) (a) The order of involuntary quarantine, isolation, or treatment may not exceed six
28
months without benefit of a district court review hearing.
29
(b) The district court review hearing shall be held prior to the expiration of the order issued
30
under Subsection (7). At the review hearing the court may order involuntary quarantine, isolation,
31
or treatment for up to an indeterminate period, if the district court enters a written finding in the
- 15 -
1
record determining by clear and convincing evidence that the required conditions in Subsection
2
(6) will continue for an indeterminate period.
3
Section 15.
Section
26-6b-7
is enacted to read:
4
26-6b-7. Periodic review of individuals under court order.
5
(1) At least two weeks prior to the expiration of the designated period of any court order
6
still in effect, the petitioner shall inform the court that issued the order that the order is about to
7
expire. The petitioner shall immediately reexamine the reasons upon which the court's order was
8
based. If the petitioner determines that the conditions justifying that order no longer exist, it shall
9
discharge the individual from involuntary quarantine, isolation, or treatment and report its action
10
to the court for a termination of the order. Otherwise, the court shall schedule a hearing prior to
11
the expiration of its order and proceed under Sections
26-6b-4
through
26-6b-6
.
12
(2) The petitioner responsible for the care of an individual under a court order of
13
involuntary quarantine, isolation, or treatment for an indeterminate period shall at six-month
14
intervals reexamine the reasons upon which the order of indeterminate duration was based. If the
15
petitioner determines that the conditions justifying that the court's order no longer exist, the
16
petitioner shall discharge the individual from involuntary quarantine, isolation, or treatment and
17
immediately report its action to the court for a termination of the order. If the petitioner
18
determines that the conditions justifying the involuntary quarantine, isolation, or treatment
19
continue to exist, the petitioner shall send a written report of those findings to the court. The
20
petitioner shall notify the individual and his counsel of record in writing that the involuntary
21
quarantine, isolation, or treatment will be continued, the reasons for that decision, and that the
22
individual has the right to a review hearing by making a request to the court. Upon receiving the
23
request for a review, the court shall immediately set a hearing date and proceed under Sections
24
26-6b-4
through
26-6b-6
.
25
Section 16.
Section
26-6b-8
is enacted to read:
26
26-6b-8. Transportation of individuals subject to temporary or court-ordered
27
quarantine, isolation, or treatment.
28
Transportation of an individual to the place for quarantine, isolation, or treatment pursuant
29
a temporary order issued by the department or a local health department or pursuant to a court
30
order shall be conducted by the municipal law enforcement authority where the individual is
31
located. However, if the place for quarantine, isolation, or treatment is outside of that authority's
- 16 -
1
jurisdiction or if the individual is not located in a municipality, the county sheriff shall transport
2
the individual to the place for quarantine, isolation, or treatment.
3
Section 17.
Section
26-6b-9
is enacted to read:
4
26-6b-9. Quarantine, isolation, and treatment costs.
5
If a local health department obtains approval from the department for the costs prior to
6
issuing a temporary order or a court order for quarantine, isolation, or treatment, the costs that the
7
local health department would otherwise have to bear for involuntary quarantine, isolation, and
8
treatment shall be paid by the department to the extent that the individual is unable to pay and that
9
other sources and insurance do not pay.
10
Section 18.
Section
26-6b-10
is enacted to read:
11
26-6b-10. Severability.
12
If any provision of this chapter, or the application of this chapter to any person or
13
circumstance, is found to be unconstitutional, the provision is severable and the balance of this
14
chapter remains effective, notwithstanding that unconstitutionality.
15
Section 19. Repealer.
16
This act repeals:
17
Section 26-6-10, Tuberculosis -- Treatment of infected individuals.
Legislative Review Note
as of 2-1-96 2:32 PM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
- 17 -
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