Title 26B, Title 26B: Utah Health and Human Services Code

26B-7-307. Contents of notice of order of restriction -- Rights of individuals. (1) A written order of restriction issued by a department or local health department shall include the following information: the identity of the individual subject to the order of restriction; the id…

26B-7-308. Medical records -- Privacy protections. (1) Health care providers as defined in Section, health care facilities licensed under, and governmental entities, shall, when requested, provide the public health official and the individual subject to an order of restriction, a…

26B-7-309. Judicial review -- Required notice -- Representation by counsel -- Conduct of proceedings. (1) The provisions of this section and Sectionsthroughapply if the department or a local health department issues an order for restriction, and: 26B-7-310 26B-7-312 an individual…

26B-7-310. Petition for judicial review of order of restriction -- Court-ordered examination period. (1) A department may petition for a judicial review of the department's order of restriction for an individual who is subject to restriction by filing a written petition with the …

26B-7-311. Court determination for an order of restriction after examination period. (1) The court shall set a hearing regarding the involuntary order of restriction of an individual, to be held within 10 business days of the issuance of its order of restriction issued pursuant t…

26B-7-312. Periodic review of individuals under court order. (1) At least two weeks prior to the expiration of the designated period of any court order still in effect, the petitioner shall inform the court that issued the order that the order is about to expire. The petitioner s…

26B-7-313. Transportation of individuals subject to temporary or court-ordered restriction. Transportation of an individual subject to an order of restriction to court, or to a place for examination, quarantine, isolation, or treatment pursuant a temporary order issued by a depar…

26B-7-314. Examination, quarantine, isolation, and treatment costs. If a local health department obtains approval from the department, the costs that the local health department would otherwise have to bear for examination, quarantine, isolation, and treatment ordered under the p…

26B-7-315. Severability. With respect to Sectionsthrough, if a provision or the application of a provision to any person or circumstance is found to be unconstitutional, the provision that is found to be unconstitutional is severable and the balance of any sections not found to b…

26B-7-316. Mandatory reporting requirements -- Contents of reports -- Penalties. (1) A health care provider shall report to the department any case of any person who the provider knows has a confirmed case of, or who the provider believes in his professional judgment is sufficien…

26B-7-317. Authorization to report -- Declaration of a public health emergency -- Termination of a public health emergency. (1) A health care provider is authorized to report to the department any case of a dangerous public health condition in any person when: the health care pro…

26B-7-318. Pharmacy reporting requirements. (1) Notwithstanding the provisions of Subsection, a pharmacist shall report unusual drug-related events as described in Subsection. 26B-7-316(1)(a) (2) (2) Unusual drug-related events that require a report include: an unusual increase i…

26B-7-319. Medical laboratory reporting requirements. (1) Notwithstanding the provisions of Subsection, the director of a medical laboratory located in this state is responsible for reporting results of a laboratory test that confirm a condition or illness described in Subsection…

26B-7-320. Exemptions from liability. (1) A health care provider may not be discharged, suspended, disciplined, or harassed for making a report under Sectionsthrough. 26B-7-316 26B-7-323 (2) A health care provider may not incur any civil or criminal liability as a result of makin…

26B-7-321. Investigation of suspected bioterrorism and diseases -- Termination of orders of constraint. (1) The department shall: ascertain the existence of cases of an illness or condition caused by the factors described in Subsectionsand; 26B-7-316(1) 26B-7-317(1) investigate a…

26B-7-322. Enforcement. The department may enforce the provisions of Sectionsthroughin accordance with existing enforcement laws and regulations.

26B-7-323. Information sharing with public safety authorities. (1) As used in this section, "public safety authority" means a local, state, or federal law enforcement authority including the Division of Emergency Management, emergency medical services personnel, and firefighters.…

26B-7-324. Applicability of confidentiality provisions. The provisions of Sectionsandapply to information collected under Sectionsthroughexcept to the extent that application of a provision in Sectionoris inconsistent with Sectionsthrough.

26B-7-401. Definitions. As used in this part: (1) "Agritourism" means the same as that term is defined in Section. 78B-4-512 (2) "Agritourism activity" means the same as that term is defined in Section. 78B-4-512 (3) "Agritourism food establishment" means a non-commercial kitchen…

26B-7-402. Minimum rules of sanitation established by department. The department shall establish and enforce, or provide for the enforcement of minimum rules of sanitation necessary to protect the public health, including rules necessary for the design, construction, operation, m…

26B-7-403. Department to advise regarding the plumbing code. (1) The department shall advise the Division of Professional Licensing and the Uniform Building Code Commission with respect to the adoption of a state construction code under Section, including providing recommendation…

26B-7-404. Rules for wastewater disposal systems. The department shall establish rules necessary to protect the public health for the design, and construction, operation and maintenance of individual wastewater disposal systems.

26B-7-405. Rules for controlling vector-borne diseases and pests. (1) As used in this section: "Pest" means a noxious, destructive, or troublesome organism whether plant or animal, when found in and around places of human occupancy, habitation, or use which threatens the public h…

26B-7-406. Periodic evaluation of local health sanitation programs -- Minimum statewide enforcement standards -- Technical assistance. (1) The department shall periodically evaluate the sanitation programs of local health departments to determine the levels of sanitation being ma…

26B-7-407. Regulation of tanning facilities. (1) For purposes of this section: "Minor" means an individual who is younger than 18 years old. "Phototherapy device" means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease. "Tan…

26B-7-408. Procurement and use of a blood product is a service and not a sale -- Blood donation by a minor. (1) As used in this section: "Blood" means human blood. "Blood product" includes: whole blood; blood plasma; a blood derivative; blood platelets; and blood clotting agents.…

26B-7-409. Scientific standards for methamphetamine decontamination -- Public education concerning methamphetamine contamination. (1) The department shall make rules adopting scientifically-based standards for methamphetamine decontamination. (2) A local health department, as def…

26B-7-410. Food service establishment requirements -- Enforcement -- Right of appeal -- Rulemaking -- Enforcement by local health departments. (1) Each food service establishment in the state shall be managed by at least one full-time certified food safety manager at each establi…

26B-7-411. Exemptions to food service establishment requirements. (1) The following are not subject to the provisions of Section: 26B-7-410 special events sponsored by municipal or nonprofit civic organizations, including food booths at school sporting events and little league at…

26B-7-412. Certified food safety manager. (1) Before a person may manage a food service establishment as a certified food safety manager, that person shall submit documentation in the format prescribed by the department to the appropriate local health department indicating a pass…

26B-7-413. Requirements for food handlers -- Training program and testing requirements for permit -- Rulemaking -- Exceptions. (1) As used in this section: "Approved food handler training program" means a training program described by this section and approved by the department. …

26B-7-414. Impoundment of adulterated food products authorized. The department and local health departments may impound any food products found in places where food or drink is handled, sold, or served to the public that is intended for but found to be adulterated and unfit for h…

26B-7-415. Agritourism food establishment permits -- Permit requirements -- Inspections. (1) As used in this section, "operator" means a person who owns, manages, or controls, or who has the duty to manage or control, the farm. (2) A farm may not operate an agritourism food estab…

26B-7-416. Microenterprise home kitchen permits -- Fees -- Safety and health inspections -- Permit requirements. (1) As used in this section, "operator" means an individual who resides in the private home and who manages or controls the microenterprise home kitchen. (2) An operat…

26B-7-417. Special requirements for child care food preparation kitchens. (1) As used in this section: "Center based child care" means the same as that term is defined in Section. 26B-2-401 "Child care food preparation kitchen" means the kitchen in the center based child care fac…

26B-7-418. Scarification safety requirements. (1) A body art facility that practices or instructs scarification shall: practice scarification procedures in a dedicated enclosed room that is not used for any other purpose; obtain proof of age before performing a scarification proc…

26B-7-501. Definitions. As used in this part: (1) "Community location" means the same as that term is defined: as it relates to a municipality, in Section; and 10-8-41.6 as it relates to a county, in Section-1004 17-78 (2) "Electronic cigarette" means the same as that term is def…

26B-7-502. Statutes on smoking considered public health laws. Sectionis a public health law and shall be enforced by the department and local health departments.

26B-7-503. Utah Indoor Clean Air Act -- Restriction on smoking in public places and in specified places -- Exceptions -- Enforcement -- Penalties -- Local ordinances. (1) Except as provided in Subsectionsand, smoking is prohibited in all enclosed indoor places of public access an…

26B-7-504. Gathering of information related to cigarettes and tobacco products. (1) The department shall obtain annually publicly available information regarding cigarettes and tobacco products from other states and sources concerning: the presence of the following substances in …

26B-7-505. Electronic cigarette products -- Labeling -- Requirements to sell -- Advertising -- Labeling of nicotine products containing nicotine. (1) The department shall, in consultation with a local health department and with input from members of the public, establish by rule …

26B-7-506. Regulation of tobacco retailers. The regulation of a tobacco retailer is an exercise of the police powers of the state, and through delegation, to other governmental entities.

26B-7-507. Permitting requirement. (1) A tobacco retailer shall hold a valid tobacco retail permit issued in accordance with this part by the local health department with jurisdiction over the physical location where the tobacco retailer operates. A tobacco retailer without a val…

26B-7-508. Permit application. (1) A local health department shall issue a permit for a tobacco retailer if the local health department determines that the applicant: accurately provided all information required under Subsectionand, if applicable, Subsection; and (3) (4) meets al…

26B-7-509. Permit term and fees. (1) The term of a permit issued to a retail tobacco specialty business is one year. The term of a permit issued to a general tobacco retailer is two years. (2) A local health department may not issue a permit until the applicant has paid a permit …

26B-7-510. Permit nontransferable. (1) A permit is nontransferable. (2) If the information described in Subsectionchanges, a tobacco retailer: 26B-7-508(3) may not renew the permit; and shall apply for a new permit no later than 15 days after the information in Subsectionchanges.…