There has been a lot of discussion about public health orders and health districts and who has authority to enact orders to protect public health. Idaho code grants authority to cities, public health districts, and school districts to adopt all public health measures the entity deems necessary to preserve public health and those measures have the force of law. For those of us in Boise, we have seen orders enacted at the city level and county level as COVID19 cases increased and risked overwhelming hospitals.
The Governor or Director of the Department of Health and Welfare has statutory authority to issue Public Health Orders, like the Stay-at-Home Order in April and the various orders to limit social gatherings in the interest of public health.
This is different from an Emergency Declaration (Idaho Code 46-1008 and 46-601) which the Governor may enact when a “disaster has occurred or that the occurrence or the threat thereof is imminent.” The Governor is granted supreme executive authority through Article IV, Sec. 5. The main purpose of the Emergency Declaration is to apply for FEMA funds and federal assistance and to utilize the Idaho Guard if needed. The declaration may be issued up to 30 days and renewed if the disaster still remains, as it has during COVID19.
The majority party of the Idaho Legislature has attacked the Governor and tried to subsume his authority because they don’t understand these differences in law or agree with them. This has been largely cleared up in the last few days due to numerous Attorney General Opinions being issued, but the amount of time wasted and and amount of stress and conflict because of their attacks has been substantial.
Health Districts, under Idaho Code 39-401, are “governmental entities whose creation has been authorized by the state.” They “will provide the basic health services of public health education, physical health, environmental health, and public health administration…”
Programs and Services: Epidemiology, immunizations, Women/Infants/Children, Suicide Prevention, Regional Behavioral health Boards, Prescription Opioid Solutions, Oral Health, Nurse Home Visiting, Tobacco cessation, septic permits, public pool inspections, solid waste, land development, childcare inspections, food safety, citizen review panels regarding child protection, preparedness, medical reserve corps, crisis centers.
Each district is run by a health board appointed by County Commissioners including at least one licensed physician. In Ada County we have seen uncivil responses and threats to our health board (Central District Health) as they were making decisions about orders in our community in response to rising cases of COVID19. In fact, commissioners were harassed at their homes and threatened for making decisions they deemed were in the best interest of public health.
Currently, there is a move to create legislation to limit the authority of Health Districts and to shift the focus of decision making from public health and science to politics and misinformation that could actually threaten public safety in the future.
Just recently, Raul Labrador, a former member of Congress and unsuccessful candidate for Governor, was appointed to Central District Health’s Board with a majority vote of 9-3 over a licensed and experienced epidemiologist.
We cannot afford to politicize health! We are heading in the wrong direction, putting more power in the hands of politicians instead of prioritizing reason and guidance from medical professionals. This latest vote is alarming, and I will continue to do all I can to infuse reason and science into the discussions in the legislature; I need you, too! Your voice matters. Please share your thoughts with me.