26-6b-5 - Petition for judicial review of order of restriction -- Court-ordered examination period. - Utah Statutes

26-6b-5. Petition for judicial review of order of restriction -- Court-orderedexamination period.
(1) (a) A department may petition for a judicial review of the department's order ofrestriction for an individual or group of individuals who are subject to restriction by filing awritten petition with the district court of the county in which the individual or group ofindividuals reside or are located.
(b) (i) The county attorney for the county where the individual or group of individualsreside or are located shall represent the local health department in any proceedings under thischapter.
(ii) The Office of the Attorney General shall represent the department when the petitioneris the Department of Health in any proceedings under this chapter.
(2) The petition under Subsection (1) shall be accompanied by:
(a) written affidavit of the department stating:
(i) a belief the individual or group of individuals are subject to restriction;
(ii) a belief that the individual or group of individuals who are subject to restriction arelikely to fail to submit to examination, treatment, quarantine, or isolation if not immediatelyrestrained;
(iii) this failure would pose a threat to the public health; and
(iv) the personal knowledge of the individual's or group of individuals' condition or thecircumstances that lead to that belief; and
(b) a written statement by a licensed physician indicating the physician finds theindividual or group of individuals are subject to restriction.
(3) The court shall issue an order of restriction requiring the individual or group ofindividuals to submit to involuntary restriction to protect the public health if the district courtfinds:
(a) there is a reasonable basis to believe that the individual's or group of individuals'condition requires involuntary examination, quarantine, treatment, or isolation pendingexamination and hearing; or
(b) the individual or group of individuals have refused to submit to examination by ahealth professional as directed by the department or to voluntarily submit to examination,treatment, quarantine, or isolation.
(4) If the individual or group of individuals who are subject to restriction are not incustody, the court may make its determination and issue its order of restriction in an ex partehearing.
(5) At least 24 hours prior to the hearing required by Section 26-6b-6, the departmentwhich is the petitioner, shall report to the court, in writing, the opinion of qualified health careproviders:
(a) regarding whether the individual or group of individuals are infected by orcontaminated with:
(i) a communicable or possible communicable disease that poses a threat to publichealth;
(ii) an infectious agent or possibly infectious agent that poses a threat to public health;
(iii) a chemical or biological agent that poses a threat to public health; or
(iv) a condition that poses a threat to public health;
(b) that despite the exercise of reasonable diligence, the diagnostic studies have not been

completed;
(c) whether the individual or group of individuals have agreed to voluntarily comply withnecessary examination, treatment, quarantine, or isolation; and
(d) whether the petitioner believes the individual or group of individuals will complywithout court proceedings.

Amended by Chapter 115, 2008 General Session