Present law, enacted in 1985, requires the county legislative body of each county to establish a board of health, but also provides that:
(1) All private acts relative to county boards of health or county health departments that were in effect on July 1, 1985, remain in effect; and
(2) A county board of health in existence on July 1, 1985, remains in existence without additional action on the part of the county legislative body, and that any regulations adopted by this board prior to July 1, 1985, remain in full force and effect.
This bill removes the provisions described above in (1) and (2) and repeals each private act, enacted prior to the effective date of this bill, establishing a county health department or county board of health. This bill specifies that each county health department and board of health in this state must be governed by the present general law governing county health departments.
Present law provides that it is the duty of the local health authorities, on receipt of a report of a case, or suspected case, of disease declared to be communicable, contagious, or one which has been declared by the commissioner of health to be subject to isolation or quarantine, to confirm or establish the diagnosis, to determine the source or cause of the disease and to take such steps as may be necessary to isolate or quarantine the case or premise upon which the case, cause or source may be found, as may be required by the rules and regulations of the state department of health.
This bill adds that local health authorities must also report the case to the state department of health and clarifies that all of the above-described actions by local health authorities, and the reporting required by this bill, are all "as required is "as may be required by the rules of the department."
This bill requires the commissioner of health to, within one business day of being notified by a local health authority of a quarantine of 30 or more individuals not in the same family group for epidemic or disease control occurring in a period of 15 days or less, report such information by email or telephone to the joint government operations committee and the health and welfare committee of the senate and the health committee of the house of representatives. Monthly thereafter on the day of the first report, the commissioner must provide an additional tally of quarantined individuals to the joint government operations committee and the health and welfare committee of the senate and the health committee of the house of representatives until the number of quarantined individuals falls below 30 or more individuals not in the same family group who are quarantined for epidemic or disease control for a period of 15 days or less.
Under present law: each county must establish a county health department headed by, and under the immediate direction of, a county health director; the commissioner may appoint a county health officer responsible for providing medical direction including medical enforcement actions; and if the county health director is a qualified physician, such county health director may also serve as a county health officer. Present law authorizes the county health officer to order:
(A) The quarantine of any place or person, if the county health officer finds that quarantine is necessary to protect the public health from an epidemic;
(B) The closure of any public establishment, facility or building if the county health officer finds unsanitary conditions of such a nature and extent to significantly threaten the public health; or
(C) The closure of any public establishment, facility or building, if the county health officer is otherwise authorized by law to take that action.
This bill adds that in the event of a disease outbreak, epidemic, or pandemic, the county health officer is prohibited from ordering a quarantine of a healthy individual or of a place that is reasonably unknown to have contributed to the spread of the disease, epidemic, or pandemic. This bill defines "quarantine" for purposes of this provision as a state of strictly enforced isolation from other humans, animals, or the public if imposed to prevent the spread of disease.
For purposes of carrying out any administrative or other duties necessary to effectuate the intent of this bill and allow health departments or boards of health operating under private acts repealed by this bill to come into compliance with the general law, this bill will take effect upon becoming law. The repeal of the private acts will take effect October 1, 2021.
ON APRIL 14, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 858, AS AMENDED.
AMENDMENT #1 rewrites this bill and:
(1) Revises the present law requirements for the county boards of health to: through the county health director or the county health officer, or both, enforce such rules and regulations as may be prescribed by the commissioner of health essential to the control of preventable diseases and the promotion and maintenance of the general health of the county; and adopt rules and regulations as may be necessary or appropriate to protect the general health and safety of the citizens of the county. The regulations must be at least as stringent as the standard established by a state law or regulation as applicable to the same or similar subject matter. Regulations of a county board of health supersede less stringent or conflicting local ordinances. This amendment rewrites the above provisions to be advisory only, so that the county boards of health will be required to: advise the county mayor on the enforcement of such rules and regulations as may be prescribed by the commissioner essential to the control of preventable diseases and the promotion and maintenance of the general health of the county; and advise the county mayor on the adoption of rules and regulations as may be necessary or appropriate to protect the general health and safety of the citizens of the county. This amendment removes other references in the code to any authority of county boards of health to establish rules and regulations;
(2) Empowers the county health officer to order rules and regulations as are necessary or appropriate to protect the general health and safety of the county;
(3) Defines "quarantine" for purposes of the present law provisions governing quarantine to mean the limitation of a person's freedom of movement, isolation of a person, or preventing or restricting access to premises upon which the person or the cause or source of a disease may be found, for a period of time as may be necessary to confirm or establish a diagnosis, to determine the cause or source of a disease, or to prevent the spread of a disease; and
(4) Prohibits a state or local governmental official, entity, department, or agency from requiring, or mandating that a private business require, proof of vaccination against COVID-19 as a condition of entering upon the premises of the business or utilizing services provided by the business.
ON MAY 3, 2021, THE HOUSE SUBSTITUTED SENATE BILL 858 FOR HOUSE BILL 575, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 858, AS AMENDED.
AMENDMENT #2 adds a prohibition against any state or local governmental official, entity, department, or agency requiring physical documentation or digital storage of protected health information related to an individual's immunization or vaccination against COVID-19 as a condition of entering upon the premises of a state or local government entity, or utilizing services provided by a state or local government entity.

Statutes affected:
Current Version: 68-2-606, 68-2-601(g), 68-2-601, 68-5-104, 68-5-107, 68-2-609