26B-7-305. Consent to order of restriction -- Periodic review.

456 words·~2 min read·/ut/title-26b/chapter-7/26b-7-305

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)The department or a local health department shall either seek judicial review of an order of restriction under Sections 26B-7-309 through 26B-7-311 , or obtain the consent of an individual subject to an order of restriction.

(b)If the department or a local health department obtains consent, the consent shall be in writing and shall inform the individual:

(i)of the terms and duration of the order of restriction;

(ii)of the importance of complying with the order of restriction to protect the public's health;

(iii)that the individual has the right to agree to the order of restriction, or refuse to agree to the order of restriction and seek a judicial review of the order of restriction;

(iv)that for any individual who consents to the order of restriction:

(A)the order of restriction will not be reviewed by the court unless the individual withdraws consent to the order of restriction in accordance with Subsection (1)(b)(iv)(B) ; and

(B)the individual shall notify the department or local health department in writing, with at least five business day's notice, if the individual intends to withdraw consent to the order of restriction; and

(v)that a breach of a consent agreement prior to the end of the order of restriction may subject the individual to an involuntary order of restriction under Section 26B-7-306 .

(a)The department or local health department responsible for the care of an individual who has consented to the order of restriction shall periodically reexamine the reasons upon which the order of restriction was based. This reexamination shall occur at least once every six months.

(i)If at any time, the department or local health department determines that the conditions justifying the order of restriction for an individual no longer exist, the department or local health department shall immediately discharge the individual from the order of restriction.

(ii)If the department or local health department determines that the conditions justifying the order of restriction continue to exist, the department or local health department shall send to the individual a written notice of:

(A)the department or local health department's findings, the expected duration of the order of restriction, and the reason for the decision; and

(B)the individual's right to a judicial review of the order of restriction by the court if requested by the individual.

(iii)Upon request for judicial review by an individual, the department or local health department shall:

(A)file a petition with the court within five business days after the individual's request for a judicial review; and

(B)proceed under Sections 26B-7-309 through 26B-7-311 .

Amended by Chapter 109 , 2025 General Session