Bill Summary – FastDemocracy

Enrolled Copy                                                                          H.B. 405
                               PUBLIC HEALTH AMENDMENTS
                                          2024 GENERAL SESSION
                                               STATE OF UTAH
                                       Chief Sponsor: Kera Birkeland Senate Sponsor: Wayne A. Harper Cosponsor:                          Jon Hawkins Trevor Lee Cheryl K. Acton Ken Ivory Karianne Lisonbee Bridger Bolinder Colin W. Jack Matt MacPherson Kay J. Christofferson Tim Jimenez Candice B. Pierucci Tyler Clancy Dan N. Johnson Rex P. Shipp Joseph Elison Michael L. Kohler Keven J. Stratton Stephanie Gricius Jason B. Kyle
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  LONG TITLE
  General Description:
      This bill amends provisions related to public health.
  Highlighted Provisions:
      This bill:
      ▸ defines terms;
      ▸ modifies when the Department of Health and Human Services and a local health
  department may invoke an order of restriction; and
      ▸ repeals an exception for medical students related to vaccination and face covering
  requirements implemented by an institution of higher education.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      None
  Utah Code Sections Affected:
  AMENDS:
     H.B. 405                                                                              Enrolled Copy
       26A-1-114, as last amended by Laws of Utah 2023, Chapters 90, 327
       26B-7-301, as renumbered and amended by Laws of Utah 2023, Chapter 308
       26B-7-304, as renumbered and amended by Laws of Utah 2023, Chapter 308
       26B-7-307, as renumbered and amended by Laws of Utah 2023, Chapter 308
       26B-7-310, as renumbered and amended by Laws of Utah 2023, Chapter 308
       26B-7-311, as renumbered and amended by Laws of Utah 2023, Chapter 308
       53B-2-113, as last amended by Laws of Utah 2021, First Special Session, Chapter 7
   REPEALS:
       26B-7-204, as renumbered and amended by Laws of Utah 2023, Chapter 308
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   Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 26A-1-114 is amended to read:
         26A-1-114 . Powers and duties of departments.
   (1) Subject to Subsections (7), (8), and (11), a local health department may:
       (a) subject to the provisions in Section 26A-1-108, enforce state laws, local ordinances,
            department rules, and local health department standards and regulations relating to
            public health and sanitation, including the plumbing code administered by the
            Division of Professional Licensing under Title 15A, Chapter 1, Part 2, State
            Construction Code Administration Act, and under Title 26B, Chapter 7, Part 4,
            General Sanitation and Food Safety , in all incorporated and unincorporated areas
            served by the local health department;
       (b) establish, maintain, and enforce isolation and quarantine, [and exercise physical
            control over property and over individuals as the local health department finds
            necessary for the protection of the public health] over an individual in accordance
            with an order of restriction issued under Title 26B, Chapter 7, Part 3, Treatment,
            Isolation, and Quarantine Procedures for Communicable Diseases;
       (c) establish and maintain medical, environmental, occupational, and other laboratory
            services considered necessary or proper for the protection of the public health;
       (d) establish and operate reasonable health programs or measures not in conflict with
            state law which:
            (i) are necessary or desirable for the promotion or protection of the public health and
                the control of disease; or
            (ii) may be necessary to ameliorate the major risk factors associated with the major
                causes of injury, sickness, death, and disability in the state;
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     Enrolled Copy                                                                                     H.B. 405
      (e) close theaters, schools, and other public places and prohibit gatherings of people
          when necessary to protect the public health;
      (f) exercise physical control of property to abate nuisances or eliminate sources of filth
          and infectious and communicable diseases affecting the public health and bill the
          owner or other person in charge of the premises upon which this nuisance occurs for
          the cost of abatement;
      (g) make necessary sanitary and health investigations and inspections on the local health
          department's own initiative or in cooperation with the Department of Health and
          Human Services or the Department of Environmental Quality, or both, as to any
          matters affecting the public health;
      (h) pursuant to county ordinance or interlocal agreement:
          (i) establish and collect appropriate fees for the performance of services and
              operation of authorized or required programs and duties;
          (ii) accept, use, and administer all federal, state, or private donations or grants of
              funds, property, services, or materials for public health purposes; and
          (iii) make agreements not in conflict with state law which are conditional to receiving
              a donation or grant;
      (i) prepare, publish, and disseminate information necessary to inform and advise the
          public concerning:
          (i) the health and wellness of the population, specific hazards, and risk factors that
              may adversely affect the health and wellness of the population; and
          (ii) specific activities individuals and institutions can engage in to promote and
              protect the health and wellness of the population;
      (j) investigate the causes of morbidity and mortality;
      (k) issue notices and orders necessary to carry out this part;
      (l) conduct studies to identify injury problems, establish injury control systems, develop
          standards for the correction and prevention of future occurrences, and provide public
          information and instruction to special high risk groups;
      (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules
          within the jurisdiction of the boards;
      (n) cooperate with the state health department, the Department of Corrections, the
          Administrative Office of the Courts, the Division of Juvenile Justice and Youth
          Services, and the Crime Victim Reparations Board to conduct testing for HIV
          infection of alleged sexual offenders, convicted sexual offenders, and any victims of
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      H.B. 405                                                                                Enrolled Copy
            a sexual offense;
       (o) investigate suspected bioterrorism and disease pursuant to Section 26B-7-321; and
       (p) provide public health assistance in response to a national, state, or local emergency, a
            public health emergency as defined in Section 26B-7-301, or a declaration by the
            President of the United States or other federal official requesting public health-related
            activities.
   (2) The local health department shall:
       (a) establish programs or measures to promote and protect the health and general
            wellness of the people within the boundaries of the local health department;
       (b) investigate infectious and other diseases of public health importance and implement
            measures to control the causes of epidemic and communicable diseases and other
            conditions significantly affecting the public health which may include involuntary
            testing of alleged sexual offenders for the HIV infection pursuant to Section
            53-10-802 and voluntary testing of victims of sexual offenses for HIV infection
            pursuant to Section 53-10-803;
       (c) cooperate with the department in matters pertaining to the public health and in the
            administration of state health laws; and
       (d) coordinate implementation of environmental programs to maximize efficient use of
            resources by developing with the Department of Environmental Quality a
            Comprehensive Environmental Service Delivery Plan which:
            (i) recognizes that the Department of Environmental Quality and local health
                departments are the foundation for providing environmental health programs in
                the state;
            (ii) delineates the responsibilities of the department and each local health department
                for the efficient delivery of environmental programs using federal, state, and local
                authorities, responsibilities, and resources;
            (iii) provides for the delegation of authority and pass through of funding to local
                health departments for environmental programs, to the extent allowed by
                applicable law, identified in the plan, and requested by the local health
                department; and
            (iv) is reviewed and updated annually.
   (3) The local health department has the following duties regarding public and private
       schools within the local health department's boundaries:
       (a) enforce all ordinances, standards, and regulations pertaining to the public health of
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      Enrolled Copy                                                                                   H.B. 405
          persons attending public and private schools;
      (b) exclude from school attendance any person, including teachers, who is suffering
          from any communicable or infectious disease, whether acute or chronic, if the person
          is likely to convey the disease to those in attendance; and
      (c) (i) make regular inspections of the health-related condition of all school buildings
          and premises;
          (ii) report the inspections on forms furnished by the department to those responsible
              for the condition and provide instructions for correction of any conditions that
              impair or endanger the health or life of those attending the schools; and
          (iii) provide a copy of the report to the department at the time the report is made.
  (4) If those responsible for the health-related condition of the school buildings and premises
      do not carry out any instructions for corrections provided in a report in Subsection
      (3)(c), the local health board shall cause the conditions to be corrected at the expense of
      the persons responsible.
  (5) The local health department may exercise incidental authority as necessary to carry out
      the provisions and purposes of this part.
  (6) Nothing in this part may be construed to authorize a local health department to enforce
      an ordinance, rule, or regulation requiring the installation or maintenance of a carbon
      monoxide detector in a residential dwelling against anyone other than the occupant of
      the dwelling.
  (7) (a) Except as provided in Subsection (7)(c), a local health department may not
      declare a public health emergency or issue an order of constraint until the local health
      department has provided notice of the proposed action to the chief executive officer
      of the relevant county no later than 24 hours before the local health department issues
      the order or declaration.
      (b) The local health department:
          (i) shall provide the notice required by Subsection (7)(a) using the best available
              method under the circumstances as determined by the local health department;
          (ii) may provide the notice required by Subsection (7)(a) in electronic format; and
          (iii) shall provide the notice in written form, if practicable.
      (c) (i) Notwithstanding Subsection (7)(a), a local health department may declare a
          public health emergency or issue an order of constraint without approval of the
          chief executive officer of the relevant county if the passage of time necessary to
          obtain approval of the chief executive officer of the relevant county as required in
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      H.B. 405                                                                               Enrolled Copy
            Subsection (7)(a) would substantially increase the likelihood of loss of life due to
            an imminent threat.
            (ii) If a local health department declares a public health emergency or issues an order
                of constraint as described in Subsection (7)(c)(i), the local health department shall
                notify the chief executive officer of the relevant county before issuing the order of
                constraint.
            (iii) The chief executive officer of the relevant county may terminate a declaration of
                a public health emergency or an order of constraint issued as described in
                Subsection (7)(c)(i) within 72 hours of declaration of the public health emergency
                or issuance of the order of constraint.
       (d) (i) The relevant county governing body may at any time terminate a public health
            emergency or an order of constraint issued by the local health department by
            majority vote of the county governing body in response to a declared public health
            emergency.
            (ii) A vote by the relevant county governing body to terminate a public health
                emergency or an order of constraint as described in Subsection (7)(d)(i) is not
                subject to veto by the relevant chief executive officer.
   (8) (a) Except as provided in Subsection (8)(b), a public health emergency declared by a
       local health department expires at the earliest of:
            (i) the local health department or the chief executive officer of the relevant county
                finding that the threat or danger has passed or the public health emergency
                reduced to the extent that emergency conditions no longer exist;
            (ii) 30 days after the date on which the local health department declared the public
                health emergency; or
            (iii) the day on which the public health emergency is terminated by majority vote of
                the county governing body.
       (b) (i) The relevant county legislative body, by majority vote, may extend a public
            health emergency for a time period designated by the county legislative body.
            (ii) If the county legislative body extends a public health emergency as described in
                Subsection (8)(b)(i), the public health emergency expires on the date designated
                by the county legislative body.
       (c) Except as provided in Subsection (8)(d), if a public health emergency declared by a
            local health department expires as described in Subsection (8)(a), the local health
            department may not declare a public health emergency for the same illness or
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      Enrolled Copy                                                                                  H.B. 405
          occurrence that precipitated the previous public health emergency declaration.
      (d) (i) Notwithstanding Subsection (8)(c), subject to Subsection (8)(f), if the local
          health department finds that exigent circumstances exist, after providing notice to
          the county legislative body, the department may declare a new public health
          emergency for the same illness or occurrence that precipitated a previous public
          health emergency declaration.
          (ii) A public health emergency declared as described in Subsection (8)(d)(i) expires
              in accordance with Subsection (8)(a) or (b).
      (e) For a public health emergency declared by a local health department under this
          chapter or under Title 26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine
          Procedures for Communicable Diseases, the Legislature may terminate by joint
          resolution a public health emergency that was declared based on exigent
          circumstances or that has been in effect for more than 30 days.
      (f) If the Legislature or county legislative body terminates a public health emergency
          declared due to exigent circumstances as described in Subsection (8)(d)(i), the local
          health department may not declare a new public health emergency for the same
          illness, occurrence, or exigent circumstances.
  (9) (a) During a public health emergency declared under this chapter or under Title 26B,
      Chapter 7, Part 3, Treatment, Isolation, and Quarantine Procedures for
      Communicable Diseases:
          (i) except as provided in Subsection (9)(b), a local health department may not issue
              an order of constraint without approval of the chief executive officer of the
              relevant county;
          (ii) the Legislature may at any time terminate by joint resolution an order of
              constraint issued by a local health department in response to a declared public
              health emergen