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2021 Utah Code
Title 26 - Utah Health Code
Chapter 23b - Detection of Public Health Emergencies Act
Section 102 - Definitions.
Universal Citation:
UT Code § 26-23b-102 (2021)
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Effective 5/5/2021
26-23b-102. Definitions.
As used in this chapter:
Amended by Chapter 437, 2021 General Session
26-23b-102. Definitions.
As used in this chapter:
- (1) "Bioterrorism" means:
- (a) the intentional use of any microorganism, virus, infectious substance, or biological product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism in order to influence, intimidate, or coerce the conduct of government or a civilian population; and
- (b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers.
- (2) "Department" means the Department of Health created in Section 26-1-4 and a local health department as defined in Section 26A-1-102.
- (3) "Diagnostic information" means a clinical facility's record of individuals who present for treatment, including the reason for the visit, chief complaint, presenting diagnosis, final diagnosis, and any pertinent lab results.
- (4) "Epidemic or pandemic disease":
- (a) means the occurrence in a community or region of cases of an illness clearly in excess of normal expectancy; and
- (b) includes diseases designated by the Department of Health which have the potential to cause serious illness or death.
- (5) "Exigent circumstances" means a significant change in circumstances following the expiration of a public health emergency declared in accordance with this title that:
- (a) substantially increases the threat to public safety or health relative to the circumstances in existence when the public health emergency expired;
- (b) poses an imminent threat to public safety or health; and
- (c) was not known or foreseen and could not have been known or foreseen at the time the public health emergency expired.
- (6) "Health care provider" means the same as that term is defined in Section 78B-3-403.
- (7) "Legislative emergency response committee" means the same as that term is defined in Section 53-2a-203.
- (8)
- (a) "Order of constraint" means an order, rule, or regulation issued in response to a declared public health emergency under this chapter, that:
- (i) applies to all or substantially all:
- (A) individuals or a certain group of individuals; or
- (B) public places or certain types of public places; and
- (ii) for the protection of the public health and in response to the declared public health emergency:
- (A) establishes, maintains, or enforces isolation or quarantine;
- (B) establishes, maintains, or enforces a stay-at-home order;
- (C) exercises physical control over property or individuals;
- (D) requires an individual to perform a certain action or engage in certain behavior; or
- (E) closes theaters, schools, or other public places or prohibits gatherings of people to protect the public health.
- (i) applies to all or substantially all:
- (b) "Order of constraint" includes a stay-at-home order.
- (a) "Order of constraint" means an order, rule, or regulation issued in response to a declared public health emergency under this chapter, that:
- (9) "Public health emergency" means an occurrence or imminent credible threat of an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agent or biological toxin, that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. Such illness or health condition includes an illness or health condition resulting from a natural disaster.
- (10) "Reportable emergency illness and health condition" includes the diseases, conditions, or syndromes designated by the Department of Health.
- (11) "Stay-at-home order" means an order of constraint that:
- (a) restricts movement of the general population to suppress or mitigate an epidemic or pandemic disease by directing individuals within a defined geographic area to remain in their respective residences; and
- (b) may include exceptions for certain essential tasks.
Amended by Chapter 437, 2021 General Session
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