Elected officials would have more power to control how local health departments enforce emergency orders if state legislators pass a proposed bill.
Indiana Senate Bill 48 would require city and county health departments to get approval from city or county executives to enforce health orders relating to communicable diseases, such as COVID-19, after a certain period of time.
The Johnson County Health Department throughout the coronavirus pandemic has enforced the statewide mask mandate by investigating claims of mask or COVID-19-related violations at local businesses. Complaints do not usually result in an immediate fine or closure, but if there are repeat phone calls, a business could be fined $100 or shut down for not following the governor-imposed rule.
Those decisions are at the discretion of the health department, but that could change if SB 48 becomes a law.
The bill says a health order relating to a communicable disease, such as COVID-19, cannot be enforced for more than 14 days without approval from the elected officials in charge of a local health department. In Johnson County’s case, that would be the three-member Johnson County Board of Commissioners.
“This is politicizing an issue controlled by a professional agency,” said Dr. Craig Moorman, health officer at the county health department. “You don’t want politicians dictating what to do in a professional agency.”
The health department still receives calls daily from people reporting mask violations at various businesses. Local health officials are against such legislation because it is not in the best interest of the public, Moorman said, adding that the county commissioners are not qualified to make decisions about public health.
“The commissioners are not well-versed in public health,” Moorman said. “We have some really good commissioners, don’t get me wrong, but (health care) is not their daily life.”
If this bill becomes law, the commissioners would have the authority to stop the health department from penalizing businesses that have received complaints for not following the mask mandate and other coronavirus-related regulations.
Two of the three county commissioners are opponents of the health department penalizing businesses for not following the state’s mask mandate, at one point calling it unconstitutional.
Commissioner Ron West said he would support halting the health department’s powers. It was West and commissioner Brian Baird who said at a meeting in November they thought fining or closing businesses for not enforcing the mask mandate was unconstitutional.
“It shouldn’t be the government’s position arbitrarily to decide which businesses can operate and which can’t,” West said.
The health department’s powers to fine or close businesses for other violations such as not storing food or cleaning properly do not fall under the same category.
“You’re talking about consumption and protecting the consumer with sanitary means. That’s a little different than what we’re dealing with in regard to the virus,” West said.
Commissioner Kevin Walls does not believe the health department is overstepping its power, and thinks health officials are good at communicating with the commissioners, he said.
“I’ve always been a strong proponent of leaving decisions up to the professionals,” Walls said. “I don’t think I could wave a magic wand and say yes you can and no you can’t.”
Sen. Jim Tomes, R-Wadesville, author of SB 48, said in a statement he authored the bill because local health departments are operating beyond their parameters. Putting elected officials in the mix will allow businesses to “hold someone accountable.”
“Over the past nine months, local health departments have been operating largely without parameters or repercussions for their decisions, and this legislation would set up a proper channel for these departments to go through,” Tomes said in the statement.
Health officials work in the best interest of the public’s safety, and Moorman said SB 48 undermines that trust in appointed professionals.
“It implies that appointed people are unwilling to respond to the public’s needs and wishes. That is a very flawed assumption,” he said.
West said he’s been “at odds” with the health department’s practices recently.
“As elected officials, we are more cognizant of the needs of the public,” West said.
Maintaining the county health department’s independence is critical, Moorman said.
“I respect the commissioners and the county council. We listen to them when they have concerns, but we are also independent. That’s a critical thing. We are independent enough that we can treat everybody fairly and professionally,” Moorman said. “I don’t know why they’re doing this. It’s not appropriate.”
