26B-7-307. Contents of notice of order of restriction -- Rights of individuals.

451 words·~2 min read·/ut/title-26b/chapter-7/26b-7-307·

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

Effective 5/7/2025

(1)A written order of restriction issued by a department or local health department shall include the following information:

(a)the identity of the individual subject to the order of restriction;

(b)the identity or location of any premises that may be subject to restriction;

(c)the date and time for which the restriction begins and the expected duration of the restriction;

(d)the suspected dangerous public health condition that poses a threat to public health;

(e)the requirements for termination of the order of restriction, such as necessary laboratory reports, the expiration of an incubation period, or the completion of treatment for the communicable disease;

(f)any conditions on the restriction, such as limitation of visitors or requirements for medical monitoring;

(g)the medical or scientific information upon which the restriction is based;

(h)a statement advising of the right to a judicial review of the order of restriction by the court; and

(i)pursuant to Subsection (2), the rights of each individual subject to restriction.

(2)An individual subject to restriction has the following rights:

(a)the right to be represented by legal counsel in any judicial review of the order of restriction in accordance with Subsection 26B-7-309 (3);

(b)the right to be provided with prior notice of the date, time, and location of any hearing concerning the order of restriction;

(c)the right to participate in any hearing, in a manner established by the court based on precautions necessary to prevent additional exposure to communicable or possibly communicable diseases or to protect the public health;

(d)the right to respond and present evidence and arguments on the individual's own behalf in any hearing;

(e)the right to cross examine witnesses; and

(f)the right to review and copy all records in the possession of the department that issued the order of restriction which relate to the subject of the written order of restriction.

(a)In addition to the rights of an individual described in Subsections

(1)and (2), an individual subject to an order of restriction may not be terminated from employment if the reason for termination is based solely on the fact that the individual is or was subject to an order of restriction.

(b)The department or local health department issuing the order of restriction shall give the individual subject to the order of restriction notice of the individual's employment rights under Subsection (3)(a).

(c)An employer in the state, including an employer who is the state or a political subdivision of the state, may not violate the provisions of Subsection (3)(a).

Amended by Chapter 109 , 2025 General Session