(1) Subject to Subsections (7), (8), and (10), a local health department may: (a) subject to the provisions in Section 26A-1-108, enforce state laws, local ordinances, department rules, and local health department standards and regulations relating to public health and sanitation, including the plumbing code administered by the Division of Professional Licensing under Title 15A, Chapter 1, Part 2, State Construction Code Administration Act, and under Title 26B, Chapter 7, Part 4, General Sanitation and Food Safety, in all incorporated and unincorporated areas served by the local health department; (b) establish, maintain, and enforce isolation and quarantine, over an individual in accordance with an order of restriction issued under Title 26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine Procedures for Communicable Diseases; (c) establish and maintain medical, environmental, occupational, and other laboratory services considered necessary or proper for the protection of the public health; (d) establish and operate reasonable health programs or measures not in conflict with state law which: (i) are necessary or desirable for the promotion or protection of the public health and the control of disease; or (ii) may be necessary to ameliorate the major risk factors associated with the major causes of injury, sickness, death, and disability in the state; (e) close theaters, schools, and other public places and prohibit gatherings of people when necessary to protect the public health; (f) exercise physical control of property to abate nuisances or eliminate sources of filth and infectious and communicable diseases affecting the public health and bill the owner or other person in charge of the premises upon which this nuisance occurs for the cost of abatement; (g) make necessary sanitary and health investigations and inspections on the local health department's own initiative or in cooperation with the Department of Health and Human Services or the Department of Environmental Quality, or both, as to any matters affecting the public health; (h) in accordance with county ordinance or interlocal agreement: (i) establish and collect appropriate fees for the performance of services and operation of authorized or required programs and duties; (ii) accept, use, and administer all federal, state, or private donations or grants of funds, property, services, or materials for public health purposes; and (iii) make agreements not in conflict with state law which are conditional to receiving a donation or grant; (i) prepare, publish, and disseminate information necessary to inform and advise the public concerning: (i) the health and wellness of the population, specific hazards, and risk factors that may adversely affect the health and wellness of the population; and (ii) specific activities individuals and institutions can engage in to promote and protect the health and wellness of the population; (j) investigate the causes of morbidity and mortality; (k) issue notices and orders necessary to carry out this part; (l) conduct studies to identify injury problems, establish injury control systems, develop standards for the correction and prevention of future occurrences, and provide public information and instruction to special high risk groups; (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules within the jurisdiction of the boards; (n) cooperate with the state health department, the Department of Corrections, the Administrative Office of the Courts, the Division of Juvenile Justice and Youth Services, and the Office for Victims of Crime to conduct testing for HIV infection of alleged sexual offenders, convicted sexual offenders, and any victims of a sexual offense; (o) investigate suspected bioterrorism and disease in accordance with Section 26B-7-321; (p) provide public health assistance in response to a national, state, or local emergency, a public health emergency as defined in Section 26B-7-301, or a declaration by the president of the United States or other federal official requesting public health-related activities; and (q) when conducting routine inspections of businesses regulated by the local health department, notify the Department of Agriculture and Food of a potential violation of Title 4, Chapter 41, Hemp and Cannabinoid Act. (2) The local health department shall: (a) establish programs or measures to promote and protect the health and general wellness of the people within the boundaries of the local health department; (b) investigate infectious and other diseases of public health importance and implement measures to control the causes of epidemic and communicable diseases and other conditions significantly affecting the public health which may include involuntary testing of alleged sexual offenders for the HIV infection in accordance with Section 53-10-802 and voluntary testing of victims of sexual offenses for HIV infection in accordance with Section 53-10-803; (c) cooperate with the department in matters pertaining to the public health and in the administration of state health laws; (d) enter into a cooperative agreement with the Department of Environmental Quality as described in Subsection 19-1-201(1)(c); and (e) investigate a report made in accordance with Section 59-14-811 to determine whether a product is sold in violation of law. (3) The local health department has the following duties regarding public and private schools within the local health department's boundaries: (a) enforce all ordinances, standards, and regulations pertaining to the public health of individuals attending public and private schools; (b) exclude from school attendance an individual, including a teacher, who is suffering from any communicable or infectious disease, whether acute or chronic, if the individual is likely to convey the disease to those in attendance; and (c) (i) make regular inspections of the health-related condition of all school buildings and premises; (ii) report the inspections on forms furnished by the department to those responsible for the condition and provide instructions for correction of any conditions that impair or endanger the health or life of those attending the schools; and (iii) provide a copy of the report to the department at the time the report is made. (4) If those responsible for the health-related condition of the school buildings and premises do not carry out any instructions for corrections provided in a report described in Subsection (3)(c), the local health board shall cause the conditions to be corrected at the expense of the persons responsible. (5) The local health department may exercise incidental authority as necessary to carry out the provisions and purposes of this part. (6) This part does not authorize a local health department to: (a) require the installation or maintenance of a carbon monoxide detector in a residential dwelling against anyone other than the occupant of the dwelling; or (b) control the production, processing, distribution, or sale price of local food in response to a public health emergency. (7) (a) Except as provided in Subsection (7)(c), a local health department may not declare a public health emergency until the local health department has provided notice of the proposed action to the chief executive officer of the relevant county no later than 24 hours before the local health department issues the order or declaration. (b) The local health department: (i) shall provide the notice required by Subsection (7)(a) using the best available method under the circumstances as determined by the local health department; (ii) may provide the notice required by Subsection (7)(a) in electronic format; and (iii) shall provide the notice in written form, if practicable. (c) (i) Notwithstanding Subsection (7)(a), a local health department may declare a public health emergency without approval of the chief executive officer of the relevant county if the passage of time necessary to obtain approval of the chief executive officer of the relevant county as required in Subsection (7)(a) would substantially increase the likelihood of loss of life due to an imminent threat. (ii) If a local health department declares a public health emergency as described in Subsection (7)(c)(i), the local health department shall notify the chief executive officer of the relevant county before declaring a public health emergency. (iii) The chief executive officer of the relevant county may terminate a declaration of a public health emergency as described in Subsection (7)(c)(i) within 72 hours of declaration of the public health emergency. (d) (i) The relevant county governing body may at any time terminate a public health emergency issued by the local health department by majority vote of the county governing body. (ii) A vote by the relevant county governing body to terminate a public health emergency as described in Subsection (7)(d)(i) is not subject to veto by the relevant chief executive officer. (8) (a) Except as provided in Subsection (8)(b), a public health emergency declared by a local health department expires at the earliest of: (i) the local health department or the chief executive officer of the relevant county finding that the threat or danger has passed or the public health emergency reduced to the extent that emergency conditions no longer exist; (ii) 30 days after the date on which the local health department declared the public health emergency; or (iii) the day on which the public health emergency is terminated by majority vote of the county governing body. (b) (i) The relevant county legislative body, by majority vote, may extend a public health emergency for a time period designated by the county legislative body. (ii) If the county legislative body extends a public health emergency as described in Subsection (8)(b)(i), the public health emergency expires on the date designated by the county legislative body. (c) Except as provided in Subsection (8)(d), if a public health emergency declared by a local health department expires as described in Subsection (8)(a), the local health department may not declare a public health emergency for the same illness or occurrence that precipitated the previous public health emergency declaration. (d) (i) Notwithstanding Subsection (8)(c), subject to Subsection (8)(f), if the local health department finds that exigent circumstances exist, after providing notice to the county legislative body, the department may declare a new public health emergency for the same illness or occurrence that precipitated a previous public health emergency declaration. (ii) A public health emergency declared as described in Subsection (8)(d)(i) expires in accordance with Subsection (8)(a) or (b). (e) For a public health emergency declared by a local health department under this chapter or under Title 26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine Procedures for Communicable Diseases, the Legislature may terminate by joint resolution a public health emergency that was declared based on exigent circumstances or that has been in effect for more than 30 days. (f) If the Legislature or county legislative body terminates a public health emergency declared due to exigent circumstances as described in Subsection (8)(d)(i), the local health department may not declare a new public health emergency for the same illness, occurrence, or exigent circumstances. (9) (a) During a public health emergency declared as described in this title, the department or a local health department may not issue a public health order or impose or implement a regulation that substantially burdens an individual's exercise of religion unless the department or local health department demonstrates that the application of the burden to the individual: (i) is in furtherance of a compelling government interest; and (ii) is the least restrictive means of furthering that compelling government interest. (b) Notwithstanding Subsection (9)(a), the department or a local health department shall allow reasonable accommodations for an individual to perform or participate in a religious practice or rite. (10) A local health department may not: (a) require a person to obtain an inspection, license, or permit from the local health department to engage in a practice described in Subsection 58-11a-304(5); (b) prevent or limit a person's ability to engage in a practice described in Subsection 58-11a-304(5) by: (i) requiring the person to engage in the practice at a specific location or at a particular type of facility or location; or (ii) enforcing a regulation applicable to a facility or location where the person chooses to engage in the practice; or (c) issue an order of constraint under any circumstance.
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