As used in this part:

(1) “Bioterrorism” means:

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Terms Used In Utah Code 26B-7-301

  • Bioterrorism: means :
         (1)(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
         (1)(b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers. See Utah Code 26B-7-301
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Dangerous public health condition: means any of the following:
         (2)(a) cholera;
         (2)(b) pneumonic plague;
         (2)(c) severe acute respiratory syndrome;
         (2)(d) smallpox;
         (2)(e) tuberculosis;
         (2)(f) any viral hemorrhagic fever;
         (2)(g) measles; or
         (2)(h) any infection:
              (2)(h)(i) that is new, drug resistant, or reemerging;
              (2)(h)(ii) that evidence suggests is likely to cause either high mortality or morbidity; and
              (2)(h)(iii) only if the relevant legislative body of the county where the infection is located approves as needing containment. See Utah Code 26B-7-301
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
  • Order of constraint: includes a stay-at-home order. See Utah Code 26B-7-301
  • Order of restriction: means an order issued by a department or a district court which requires an individual or group of individuals who are subject to restriction to submit to an examination, treatment, isolation, or quarantine. See Utah Code 26B-7-301
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public health emergency: includes an illness or health condition resulting from a natural disaster. See Utah Code 26B-7-301
  • Stay-at-home order: means an order of constraint that:
         (15)(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
         (15)(b) may include exceptions for certain essential tasks. See Utah Code 26B-7-301
  • Threat to public health: means a situation where a dangerous public health condition could spread to other individuals. See Utah Code 26B-7-301
     (1)(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
     (1)(b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers.
(2) “Dangerous public health condition” means any of the following:

     (2)(a) cholera;
     (2)(b) pneumonic plague;
     (2)(c) severe acute respiratory syndrome;
     (2)(d) smallpox;
     (2)(e) tuberculosis;
     (2)(f) any viral hemorrhagic fever;
     (2)(g) measles; or
     (2)(h) any infection:

          (2)(h)(i) that is new, drug resistant, or reemerging;
          (2)(h)(ii) that evidence suggests is likely to cause either high mortality or morbidity; and
          (2)(h)(iii) only if the relevant legislative body of the county where the infection is located approves as needing containment.
(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”:

     (4)(a) means the occurrence in a community or region of cases of an illness clearly in excess of normal expectancy; and
     (4)(b) includes diseases designated by the department 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:

     (5)(a) substantially increases the danger to public safety or health relative to the circumstances in existence when the public health emergency expired;
     (5)(b) poses an imminent danger to public safety or health; and
     (5)(c) was not known or foreseen and could not have been known or foreseen at the time the public health emergency expired.
(6) “First responder” means:

     (6)(a) a law enforcement officer as defined in Section 53-13-103;
     (6)(b) emergency medical service personnel as defined in Section 26B-4-101;
     (6)(c) firefighters; and
     (6)(d) public health personnel having jurisdiction over the location where an individual subject to an order of restriction is found.
(7) “Health care provider” means the same as that term is defined in Section 78B-3-403.
(8) “Legislative emergency response committee” means the same as that term is defined in Section 53-2a-203.
(9) “Local food” means the same as that term is defined in Section 4-1-109.
(10)

     (10)(a) “Order of constraint” means an order, rule, or regulation issued in response to a declared public health emergency under this part, that:

          (10)(a)(i) applies to all or substantially all:

               (10)(a)(i)(A) individuals or a certain group of individuals; or
               (10)(a)(i)(B) public places or certain types of public places; and
          (10)(a)(ii) for the protection of the public health and in response to the declared public health emergency:

               (10)(a)(ii)(A) establishes, maintains, or enforces isolation or quarantine;
               (10)(a)(ii)(B) establishes, maintains, or enforces a stay-at-home order;
               (10)(a)(ii)(C) exercises physical control over property or individuals;
               (10)(a)(ii)(D) requires an individual to perform a certain action or engage in certain behavior; or
               (10)(a)(ii)(E) closes theaters, schools, or other public places or prohibits gatherings of people to protect the public health.
     (10)(b) “Order of constraint” includes a stay-at-home order.
(11) “Order of restriction” means an order issued by a department or a district court which requires an individual or group of individuals who are subject to restriction to submit to an examination, treatment, isolation, or quarantine.
(12)

     (12)(a) “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.
     (12)(b) “Public health emergency” includes an illness or health condition resulting from a natural disaster.
(13) “Public health official” means:

     (13)(a) the executive director or the executive director’s authorized representative; or
     (13)(b) the executive director of a local health department or the executive director’s authorized representative.
(14) “Reportable emergency illness and health condition” includes the diseases, conditions, or syndromes designated by the department.
(15) “Stay-at-home order” means an order of constraint that:

     (15)(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
     (15)(b) may include exceptions for certain essential tasks.
(16) “Threat to public health” means a situation where a dangerous public health condition could spread to other individuals.
(17) “Subject to restriction” as applied to an individual, or a group of individuals, means the individual or group of individuals could create a threat to public health.

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