HB 294: Infectious Disease Procedures Amendments - Utah

Amended 2/3/2025 10:02:635 → Amended 2/11/2025 11:02:934 · 6 edits

MODERATE

This bill amends Utah's infectious disease procedures to prohibit the issuance of 'orders of constraint' (broad public health orders like stay-at-home mandates) while maintaining 'orders of restriction' (individual-level isolation/quarantine). It also clarifies face covering accommodations for individuals with medical conditions and restricts orders of constraint to individuals rather than groups.

Scope change

The bill narbs the scope of public health emergency powers by eliminating orders of constraint entirely and limiting orders of restriction to individuals rather than groups of individuals.

REQUIREMENT

Eliminated the authority for local health departments and the state Department of Health to issue 'orders of constraint' under any circumstances, removing broad public health mandates like stay-at-home orders.

Modified requirements for health care facilities and physician's offices to allow them to require face coverings in patient care areas while prohibiting denial of services to qualified individuals who cannot wear them.

DEFINITION

Updated the definition of 'order of constraint' to clarify it no longer applies, while retaining 'order of restriction' for individual-level isolation and quarantine.

Clarified multiple statutory definitions related to health departments, public health emergencies, and order types to align with the new restrictions on constraint orders.

ELIGIBILITY

Added Section 13-7-6 requiring places of public accommodation to provide accommodations for 'qualified individuals' who experience physical or emotional distress from wearing face coverings due to medical conditions, mental health conditions, or disabilities.

ENFORCEMENT

Changed enforcement mechanisms to limit orders of restriction to individuals rather than groups of individuals, reducing the scope of public health enforcement powers.

Amended Excerpts 2/11/2025 11:02:934 → Amended 2/3/2025 10:02:635 · 5 edits

MODERATE

This bill amends Utah's infectious disease procedures to clarify face covering requirements, modify definitions related to health care facilities and qualified individuals, and restrict the use of orders of constraint and orders of restriction to individuals rather than groups. The changes aim to provide clearer guidelines for public accommodations and health care facilities regarding face coverings while limiting government authority to issue broad public health orders.

Scope change

The bill's scope expanded to include specific modifications to multiple Utah Code sections governing infectious disease procedures, public accommodations, and health department authority.

DEFINITION

Added specific definition for 'health care facility' referencing Section 78B-3-403 and clarified 'qualified individual' to include those experiencing physical or emotional distress from wearing face coverings due to medical conditions, mental health conditions, or disabilities.

Added comprehensive definitions for various health-related terms including 'county governing body', 'county health department', 'local food', 'local health department', 'mental health authority', and specific types of health departments.

REQUIREMENT

Modified requirements for face coverings in public accommodations and health care facilities, allowing health care facilities to require face coverings in patient care areas while prohibiting denial of services to qualified individuals unable to wear them.

ENFORCEMENT

Restructured the definition of 'order of constraint' to limit its application to individuals rather than groups of individuals, and removed certain enforcement mechanisms related to group restrictions.

Added new definition for 'order of restriction' to clarify its scope and application in public health emergency responses.

Amended Excerpts 2/3/2025 10:02:635 → Amended Excerpts 2/11/2025 11:02:934 · 1 edit

MINOR

The bill was amended to expand its application from health care facilities only to include physician's offices. This change ensures that face covering requirements and related service access protections apply equally to doctors' offices as they do to hospitals and clinics.

Scope change

Expanded applicability from health care facilities to include physician's offices

SCOPE

Added 'or a physician's office' to the list of entities subject to face covering requirements and service denial protections

Enrolled → Amended Excerpts 2/3/2025 10:02:635 · 6 edits

MODERATE

This bill amends Utah's infectious disease procedures to clarify face covering requirements for qualified individuals with medical conditions, prohibit broad 'orders of constraint' that apply to groups, and limit public health emergency powers to individual cases rather than group-wide restrictions. The changes strengthen protections for religious gatherings and individuals with disabilities while maintaining local health departments' ability to issue targeted orders of restriction for specific individuals when necessary to protect public health.

Scope change

The bill narrows the scope of public health emergency powers from applying to groups of individuals to only individual cases, and adds specific protections for qualified individuals with medical conditions who cannot wear face coverings.

ELIGIBILITY

Added definition of 'qualified individual' as someone who experiences physical or emotional distress from wearing face coverings due to a diagnosed medical condition, mental health condition, or disability.

REQUIREMENT

Modified face covering requirements to prohibit places of public accommodation from requiring face coverings from qualified individuals, while allowing health care facilities to require them in patient care areas.

ENFORCEMENT

Removed authority for local health departments to issue 'orders of constraint' that apply to groups of individuals or public places, limiting such orders to individual cases only.

Modified public health emergency procedures to require individual orders of restriction rather than group-wide restrictions, with specific protections for religious gatherings.

DEFINITION

Added new definition prohibiting orders of constraint under any circumstance, replacing broader authority to issue such orders for public health emergencies.

TIMELINE

Modified public health emergency expiration timelines to include 30-day limits with extension procedures, and added requirements for notice before emergency declarations.

Introduced → Enrolled · 5 edits · Mar 24, 2025

MODERATE

This bill modifies Utah's infectious disease procedures by prohibiting the issuance of 'orders of constraint' (which could restrict groups of people) and limiting 'orders of restriction' to apply only to individuals. It also adds protections for qualified individuals with medical conditions who may not be able to wear face coverings in public places, while allowing healthcare facilities to require them in clinical settings.

Scope change

The bill narbs the scope of emergency powers by eliminating group-based restrictions and clarifying that orders of constraint are no longer permitted under any circumstances.

REQUIREMENT

Eliminated the ability of health departments to issue 'orders of constraint' that apply to groups of individuals or public places.

Modified face covering requirements to allow healthcare facilities and physician offices to require them in patient care areas, while prohibiting denial of services to qualified individuals who cannot wear them.

ELIGIBILITY

Added protections for 'qualified individuals' who experience physical or emotional distress from wearing face coverings due to medical conditions, mental health conditions, or disabilities.

DEFINITION

Updated definitions to clarify that 'order of constraint' now refers to the same term defined in Section 26B-7-301, while 'order of restriction' is limited to individual cases.

ENFORCEMENT

Added provisions preventing discrimination against individuals based on their status as subjects of an order of restriction regarding employment.

Infectious Disease Procedures Amendments

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