HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/UTAH1.ASC

Text File | 1993-01-14 | 12KB | 310 lines

/* Utah has passed laws concerning inmate, sex offneder and court-
ordered testing, as well as educational programs and a
communicable disease control act. */



CHAPTER 6

COMMUNICABLE DISEASE CONTROL ACT

26-6-3.  Authority of department to investigate and control
causes of epidemic infections and communicable disease -
Requirements for reporting AIDS and HIV infection - Exceptions -
Anonymous testing site - Reports regarding information obtained
from anonymous testing.

(1)  The department has authority to investigate and control the
causes of epidemic infections and communicable disease, and shall
provide for the detection, reporting, prevention, and control of
communicable diseases and epidemic infections or any other health
hazard which may affect the public health. The department has
authority to adopt rules, not inconsistent with law, which are
necessary to aid in the prevention and control of communicable
disease and epidemic infections.

(2)  Because of the nature and consequences of Acquired
Immunodeficiency Syndrome and Human Immunodeficiency Virus
infection, the department shall:

(a)  require reporting of those conditions; and

(b)  utilize contact tracing and other methods for "partner"
identification and notification. The department shall, by rule,
define persons who shall be considered "partners" for purposes of
this section.

(3)  (a) The requirements of Subsection (2) do not apply to
seroprevalence and other epidemiological studies conducted by the
department.

(b)  The requirements of Subsection (2) do not apply to, and
anonymity shall be provided in, research studies conducted by
universities or hospitals, under the authority of institutional
review boards if those studies are funded in whole or in part by
research grants and if anonymity is required in order to obtain
the research grant or to carry out the research.

(4)  For all purposes of this chapter, Acquired Immunodeficiency
Syndrome and Human Immunodeficiency Virus infection shall be
considered communicable and infectious diseases.

(5)  The department may establish or allow one site or agency
within the state to provide anonymous testing.

(a)  The site or agency that provides anonymous testing shall
maintain accurate records regarding:

(i)  the number of HIV positive individuals that it is able to
contact or inform of their condition;

(ii) the number of HIV positive individuals who receive extensive
counseling;

(iii) how many HIV positive individuals provide verifiable infor
mation for partner notification; and

(iv) how many cases in which partner notification is carried
through.

(b) A statistical report of the information maintained under
Subsection a shall be presented to the Legislative Interim Health
Committee on an annual basis. The information collected under
Subsection (a and the reports required by this subsection shall
be maintained and presented in such a way that no person is
identifiable.

(c)  If the information and reports indicate that anonymous
testing is not resulting in partner notification, the department
shall phase out the anonymous testing program allowed by this
subsection.



26-6-5.   Willful introduction of communicable disease a
misdemeanor.

Any person who willfully or knowingly introduces any communicable
or infectious disease into any county, municipality, or community
is guilty of a class A misdemeanor, except as provided in Section
76-10-1309.



CHAPTER 13

CURRICULUM IN THE PUBLIC SCHOOLS

PART 1

GENERAL COURSES OF INSTRUCTION

53A-13-101.  Instruction in health - Parental consent re
quirements - Character habits - Partisan political and religious
doctrine prohibited.

(1)  The State Board of Education shall establish curriculum
requirements under Section 53A-1-402, that include instruction
in:

(a)  community and personal health;

(b)  physiology;

(c)  personal hygiene; and

(d)  prevention of communicable disease, including acquired
immunodeficiency syndrome.  That instruction shall stress the
importance of abstinence from all sexual activity before marriage
and fidelity after marriage as methods of prevention of acquired
immunodeficiency syndrome.

(2)  Instruction in the courses described in Subsection(1) shall
be consistent and systematic in grades eight through 12.  At the
request of the board, the Department of Health shall cooperate
with the board in developing programs to provide instruction in
those areas.

(3)  The board shall adopt rules that provide that the parental
consent requirements of Sections 76-7-322 and 76-7-323 are
complied with, and rules that require a student's parent or legal
guardian to be notified in advance and have an opportunity to
review the information for which parental consent is required
under Sections 76-7-322 and 76-7-323. The board shall also
provide procedures for disciplinary action for violation of
Section 76-7-322 or 76-7-323.

(4)  Honesty, temperance, morality, courtesy, obedience to law,
respect for and an understanding of the constitutions of the
United States and the state of Utah, the essentials and benefits
of the free enterprise system, respect for parents and home, and
the dignity and necessity of honest labor and other skills,
habits, and qualities of character which will promote an upright
and desirable citizenry and better prepare students for a richer,
happier life shall be taught in connection with regular school
work.

(5)  Partisan political, atheistic, sectarian, religious, or
denominational doctrine may not be taught in the public schools.

(6)  Local school boards and their employees shall cooperate and
share responsibility in carrying out the purposes of this
chapter.



64-13-36. Testing of prisoners for AIDS and HIV infection -
Segregation - Medical care - Department authority.

(1)  For purposes of this section:

(a) "Prisoner" means a person who has been adjudicated and found
guilty of a criminal offense, who is in the custody of and under
the jurisdiction of the department.

(b) "Test" or "testing" means a test or tests for Acquired
Immunodeficiency Syndrome or Human Immunodeficiency Virus
infection in accordance with standards recommended by the
Department of Health.

(2)  (a) Within 90 days after July 1, 1989, the effective date of
this act, the department shall test or provide for testing of all
prisoners who are under the jurisdiction of the department, and
subsequently test or provide for testing of all prisoners who are
committed to the jurisdiction of the department upon admission or
within a reasonable period after admission.

(b) At the time that test results are provided to persons tested,
the department shall provide education and counseling regarding
Acquired immunodeficiency Syndrome and Human Immunodeficiency
Virus infection.

(3)  (a) The results of tests conducted under Subsection (2)
shall become part of the inmate's medical file, accessible only
to persons designated by the department by rule, and in
accordance with any other legal requirement for reporting of
Acquired Immunodeficiency Syndrome or Human immunodeficiency
Virus infection.

(b) Medical and epidemiological information regarding results of
tests conducted under Subsection (2) shall be provided to the
Department of Health.

(4) ( a) The department shall house prisoners who test positive
for Acquired Immunodeficiency Syndrome or Human Immunodeficiency
Virus infection in a single cell or room or provide for
segregation of that person from members of the prison population.
No person who tests negative for Acquired Immunodeficiency
Syndrome or Human Immunodeficiency Virus infection may be placed
or housed in a cell or room with a person who has tested positive
for either of those conditions, except upon his written request.

(b) The department shall provide reasonable and adequate medical
care for members of the prison population who test positive for
Acquired Immunodeficiency Syndrome or Human Immunodeficiency
Virus infection.

(c)  The department has authority to take action with regard to
any prisoner who has tested positive for Acquired
Immunodeficiency Syndrome or Human Immunodeficiency Virus
infection, as it deems reasonable and necessary for the safety
and security of the prison population and prison staff.

(d)  This subsection does not require or suggest that prisoners
who test positive for Acquired Immunodeficiency Syndrome or Human
Immunodeficiency Virus infection be placed in separate cell
blocks or cell areas separate from the general prison population,
unless such separation is medically necessary for the protection
of the general prison population or staff.

(e)  Prisoners who test positive for Acquired Immunodeficiency
Syndrome or Human Immunodeficiency Virus infection may not be
excluded from common areas of the prison that are accessible to
other prisoners, solely on the basis of that condition, unless it
is medically necessary for protection of the general prison
population or staff.

(5)  If the department complies with Subsections (2), (3), and
(4) it shall be considered to have discharged its duty and to
have taken reasonable and necessary precautions to prevent
transmission of Acquired Immunodeficiency Syndrome and Human
Immunodeficiency Virus infection.



64-13-37. Department authorized to test offenders for com
municable disease.

(1)  As used in this section, "communicable disease" means:

(a)  an illness due to a specific infectious agent or its toxic
products, which arises through transmission of that agent or its
products from a reservoir to a susceptible host either directly,
as from an infected person or animal. or indirectly, through an
intermediate plant or animal host. vector, or the inanimate
environment; and

(b)  a disease designated by the Department of Health by rule as
a communicable disease in accordance with Section 26-6-7.

(2 The department may:

(a)  test an offender for a communicable disease upon admission
or within a reasonable time after admission to a correctional
facility; and

(b)  periodically retest the offender for a communicable disease
during the time the offender is in the custody of the department.



78-3a-55. Court records - Inspection - When HIV infection tests,
fingerprints, or photographs may be taken - Expungement.

(1)  (a) The court and the probation department shall keep
records as required by the hoard and the presiding judge.

(b)  Court records shall be open to inspection by the parents or
guardian, other parties in the case, the attorneys, and agencies
to which custody of a child has been transferred.

(c)  With the consent of the judge. court records may be
inspected by the child. by persons having a legitimate interest
in the proceedings, and by persons conducting pertinent research
studies.

(d)  Probation officers' records and reports of social and
clinical studies are not open to inspection, except by consent of
the court, given under rules adopted by the board.

(2)  Photographs may be taken of a child 14 years of age or older
who is taken into custody for the alleged commission of an
offense under Section 78-3a-16 that would also be an offense if
the child were 1S years of age or older.

(3) Fingerprints may be taken of a child 14 years of age or older
who is taken into custody for the alleged commission of an
offense that would be a felony if the child were 18 years or
older.

(4) HIV testing may be conducted on a child who is taken into
custody after having been adjudicated to have violated state law
prohibiting a sexual offense under Title 76, Chapter 5, Part 4,
upon the request of the victim or the parent or guardian of the
minor victim.

(5) HIV tests. photographs, and fingerprints may not be taken of
a child younger than 14 without the consent of the court.

(6)  Photographs and fingerprints shall he filed together in a
separate juvenile file.

(7) Photographs and fingerprints may not be distributed or
disbursed to individuals or agencies other than state or local
law enforcement agencies.

(8)  When a child's juvenile record is expunged, all photographs.
and fingerprints. and other records as ordered shall upon court
order be destroyed by the law enforcement agency.