§ 26B-7-301 — Definitions.

As used in this part:
(1) "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.
(2) "Dangerous public health condition" means any of the following:
(2)(a) a health condition that is:
(2)(a)(i) directly or indirectly caused by an act of bioterrorism, natural disaster, or human created accident; and
(2)(a)(ii) transmittable to another individual;
(2)(b) cholera;
(2)(c) pneumonic plague;
(2)(d) severe acute respiratory syndrome;
(2)(e) smallpox;
(2)(f) tuberculosis;
(2)(g) any viral hemorrhagic fever;
(2)(h) measles; or
(2)(i) any infection:
(2)(i)(i) that is new, drug resistant, or reemerging;
(2)(i)(ii) that evidence suggests is likely to cause either high mortality or morbidity; and
(2)(i)(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) (4)(a) "Epidemic or pandemic disease" means the occurrence in a community or region of cases of an illness clearly in excess of normal expectancy.
(4)(b) "Epidemic or pandemic disease" 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 53-2d-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 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 the department, a local health department, or a district court which requires an individual to:
(11)(a) submit to an examination, treatment, isolation, or quarantine; or
(11)(b) perform a certain action or engage in certain behavior.
(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 means the individual could create a threat to public health.

Legislative History

Amended by Chapter 109, 2025 General Session; Amended by Chapter 340, 2025 General Session; Amended by Chapter 470, 2025 General Session