State’s Proposed Health Regulation Changes Would Allow Unchecked Power

Originally published by LNP/Lancaster Online.

LNP | LancasterOnline’s Sept. 19 editorial, “Proposed state Health Department rules on infectious diseases shouldn’t be partisan punching bag,” dismissed some concerns about the state Department of Health’s proposed regulation changes as “hysteria,” yet repeats the Shapiro administration’s assurances instead of analyzing the text.

The proposal cites 2021’s Corman v. Acting Secretary of the Pennsylvania Department of Health, a ruling that the state lacked authority to mandate that students wear masks in school. The proposal adds language to expand when it may impose “any other disease control measure,” such as mask mandates and similar orders. The department’s explanation explicitly says these changes were to restore powers struck down in Corman.

Further, new language enhances authority. Proposed Section 27.60a states that agents “may enter” (contrasted with the prior phrase “seek to enter”) an apartment, building, school, health facility, college, university or “other location as necessary.” The new language also prohibits obstruction. The section removes the phrase “judged … potential threat to the public health” to allow entry for any case, outbreak or occurrence.

Read more at LNP/Lancaster Online.