Board hears legislative update: Title 19 amendments, infectious disease bill, and lot-line adjustment proposal

Phil, the health department director, briefed the board on three bills the department is tracking during this legislative session and explained how they could affect local public health practice.

Senate Bill 172: Phil described Senate Bill 172, sponsored by Sen. Sandahl, as “local health department amendments” to Title 19, the statutory section that governs delegated environmental health authority. He said the bill seeks to clarify funding, responsibility, the application of Title 19 and enforcement relationships between local health departments and the Division of Environmental Quality (DEQ). Phil stated the department “is in support of and believes it to be a very positive thing for local public health,” and that staff had met with legislators and DEQ to refine language.

House Bill 294: Phil summarized House Bill 294, presented by Rep. McPherson, as “infectious disease procedure amendments” that would remove the statutory authority for “orders of constraint” (broad stay-at-home type orders) while retaining “orders of restriction” that apply to individuals for examination, treatment, isolation or quarantine. Phil said the department supports the bill as written in its current format because it retains orders of restriction used for diseases such as tuberculosis; he noted the change would remove the ability to issue broad involuntary stay-at-home orders without due process.

Board members asked whether the bill would prevent hospitals or private businesses from requiring masks; Phil replied that “Individual organizations can require masks inside of their span of control, but we cannot create a broad based policy or mask mandate that applies to everyone in general as a matter of law.” He also said the department can continue to make voluntary recommendations.

Senate Bill 104: Phil explained Senate Bill 104, sponsored by Sen. Musselman, would expedite lot-line and boundary adjustments at the local level. The department has been working with the sponsor and local building and planning staff to ensure the expedited process accounts for the location of wells and on-site wastewater systems, so an expedited lot-line adjustment would not make an existing system noncompliant with state setbacks. Phil said the sponsor was receptive to that concern and that expedited adjustments would be blocked if they would create septic or well setback conflicts.

Phil closed by saying the department will continue to monitor these bills and provide updates to the board during the remainder of the legislative session.