Missoula County opposes HB 145, Allow local boards of health and health officers to issue recommendations, up for hearing today at 3 p.m., in the House Local Government Committee.
HB 145 would remove our ability to issue orders upon deficient inspections in the field, impeding our ability to enforce regulations and keep community members safe. The bill would also slow the community’s response to any situation requiring quick action – forcing the board of health to recommend proposed actions to the proper elected body or elected authority, removing the board’s authority to issue orders. HB 145 would have far-reaching unintended consequences for public health in our communities.
The Missoula City-County Health Department writes in opposition to HB 145. Similar to HB 121 that you heard last week, HB 145 would have many unintended consequences for citizens in Missoula and across Montana. HB 145 deals specifically with a board of health’s ability to issue orders, which are the mechanisms by which boards of health are able to carry out their duties. By changing only the authorities granted to boards of health without also adjusting their duties, HB 145 makes it nearly impossible for boards of health to effectively carry out their role, in or outside of an emergency. The two changes in this bill will affect public health in different ways: • The change to §50-2-116(1)(h) would disrupt the ability of health department employees to direct regulated entities to take corrective actions in the interest of public health. Local health departments are tasked with enforcing many public health regulations, and work patiently to educate and guide community members toward understanding and abiding by these regulations. Most often these interactions are cooperative and strict enforcement orders are not necessary. Other times, health department employees must use board of health authority to promote compliance during deficient inspections in the field. For example, if unsafe food is present in a restaurant, health department inspectors must be able to order an establishment to dispose of the food – a mere recommendation, as proposed in this bill, would not ensure public health standards will be met, nor that community members will stay safe from potential food-borne illness. • The change to §50-2-116(1)(i) would slow the community’s response to any situation requiring quick action – forcing the board of health to recommend proposed actions to the proper elected body or elected authority. Examples of such actions may include: ordering isolation for cases of pertussis, mumps, and measles, preventing spread in our schools; ordering a restaurant to close due to health hazards such as sewage backup; ordering that animals be quarantined to prevent the spread of rabies. These decisions require swift action to prevent public health problems from unnecessarily harming more individuals in our communities. The delay that would come from extra review of these decisions by one or more elected bodies will negatively impact health in our communities. The extraordinary nature of the COVID-19 pandemic has cast a spotlight onto local board of health authority, which is usually an essential tool in carrying out routine functions of local public health departments. Such drastic changes as those we see in HB 145 will have far-reaching unintended consequences in the everyday health of our communities. The many diverse legislative attempts to alter board of health authority make clear that this topic must be studied in further detail before being rashly dismantled in the heat of this moment.
Representatives Thane and Whitman,
ReplyDeleteMissoula County opposes HB 145, Allow local boards of health and health officers to issue recommendations, up for hearing today at 3 p.m., in the House Local Government Committee.
HB 145 would remove our ability to issue orders upon deficient inspections in the field, impeding our ability to enforce regulations and keep community members safe. The bill would also slow the community’s response to any situation requiring quick action – forcing the board of health to recommend proposed actions to the proper elected body or elected authority, removing the board’s authority to issue orders. HB 145 would have far-reaching unintended consequences for public health in our communities.
Please oppose HB 145.
Staff testimony Jan. 19:
ReplyDeleteThe Missoula City-County Health Department writes in opposition to HB 145. Similar to HB 121 that
you heard last week, HB 145 would have many unintended consequences for citizens in Missoula and
across Montana. HB 145 deals specifically with a board of health’s ability to issue orders, which are the
mechanisms by which boards of health are able to carry out their duties. By changing only the
authorities granted to boards of health without also adjusting their duties, HB 145 makes it nearly
impossible for boards of health to effectively carry out their role, in or outside of an emergency.
The two changes in this bill will affect public health in different ways:
• The change to §50-2-116(1)(h) would disrupt the ability of health department employees to
direct regulated entities to take corrective actions in the interest of public health. Local health
departments are tasked with enforcing many public health regulations, and work patiently to
educate and guide community members toward understanding and abiding by these regulations.
Most often these interactions are cooperative and strict enforcement orders are not necessary.
Other times, health department employees must use board of health authority to promote
compliance during deficient inspections in the field. For example, if unsafe food is present in a
restaurant, health department inspectors must be able to order an establishment to dispose of the
food – a mere recommendation, as proposed in this bill, would not ensure public health standards
will be met, nor that community members will stay safe from potential food-borne illness.
• The change to §50-2-116(1)(i) would slow the community’s response to any situation requiring
quick action – forcing the board of health to recommend proposed actions to the proper elected
body or elected authority. Examples of such actions may include: ordering isolation for cases of
pertussis, mumps, and measles, preventing spread in our schools; ordering a restaurant to close
due to health hazards such as sewage backup; ordering that animals be quarantined to prevent the
spread of rabies. These decisions require swift action to prevent public health problems from
unnecessarily harming more individuals in our communities. The delay that would come from
extra review of these decisions by one or more elected bodies will negatively impact health in
our communities.
The extraordinary nature of the COVID-19 pandemic has cast a spotlight onto local board of health
authority, which is usually an essential tool in carrying out routine functions of local public health
departments. Such drastic changes as those we see in HB 145 will have far-reaching unintended
consequences in the everyday health of our communities. The many diverse legislative attempts to alter
board of health authority make clear that this topic must be studied in further detail before being rashly
dismantled in the heat of this moment.