West Virginia 2023 Regular Session

West Virginia House Bill HB2987

Introduced
1/24/23  

Caption

To update the requirements of the state director of health to quarantine and enforce regulations in a specific place

Impact

The impact of HB 2987 could be profound on how state and local health authorities manage public health crises. By stripping the health director of certain powers, the bill shifts some level of response authority away from state governance in these contexts. Moreover, local governments could face increased financial pressures due to the changes in funding responsibilities for health emergencies, potentially hampering local responses to outbreaks and affecting public health initiatives. The revisions to penalty structures further emphasize the need for compliance with health inspections, which may lead to greater enforcement action during health crises.

Summary

House Bill 2987 aims to amend several sections of the Code of West Virginia regarding the authority and powers of the state director of health. The bill proposes to remove the director’s existing ability to arrest and detain individuals in the context of managing health regulations, particularly concerning communicable diseases. Additionally, it eliminates the requirement for counties or municipalities to finance expenses related to controlling communicable diseases, which could significantly shift the financial responsibilities for public health emergencies. Furthermore, it establishes penalties for individuals who fail to comply with inspections for communicable diseases, reinforcing the importance of state oversight in these matters.

Sentiment

The sentiment around HB 2987 appears to be mixed, with proponents likely viewing the amendments as necessary adjustments to streamline the director's powers and reduce local governmental burdens. However, there are underlying concerns among health advocates and public health officials that such changes could compromise the effectiveness of health measures and public safety. The removal of detainment powers could be interpreted as a weakening of necessary public health safeguards during an outbreak or health emergency, leading to vocal opposition from those within the healthcare community.

Contention

Key points of contention surrounding HB 2987 include the removal of the director's authority to detain individuals, which critics argue may hinder timely responses to infectious disease outbreaks. The shift in financial responsibilities could also spark debate regarding the state's commitment to supporting local health departments in emergencies. Moreover, establishing penalties for non-compliance with inspections could raise concerns about the balance between public health enforcement and individual rights, potentially leading to conflicts in implementation. These elements highlight the broader issues of authority and responsibility in public health management within the state.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3138

To update the requirements of the state director of health to quarantine and enforce regulations in a specific place

WV HB4929

To update the requirements of the state director of health to quarantine and enforce regulations in a specific place

WV HB90

Provides limitations on orders, regulations, and other actions effecting isolation or quarantine (Item #3)

WV SB391

Enacting the constitutional right to health freedom act to regulate the activities of the secretary of health and environment related to public health functions; repealing statutes relating to the secretary's authority to quarantine individuals and impose associated penalties.

WV SB6

Restricting the authority of the secretary of health and environment and local health officers to prevent the introduction and spread of infectious or contagious diseases; repealing the authority of the secretary to quarantine individuals and impose associated penalties.

WV HB2390

House Substitute for HB 2390 by Committee on Public Health and Welfare - Requiring the secretary of health and environment to study drug overdose death cases and providing for the confidentiality of acquired and related records, restricting the authority of the secretary of health and environment and local health officers to prevent the introduction and spread of infectious or contagious diseases and repealing the authority of the secretary to quarantine individuals and impose associated penalties.

WV HB2285

Requiring the secretary of health and environment to study drug overdose death cases and providing for the confidentiality of related records, restricting the authority of the secretary of health and environment and local health officers to control the spread of infectious or contagious diseases, repealing the authority of the secretary to quarantine individuals and impose penalties for violations thereof and prohibiting the secretary of health and environment from requiring COVID-19 vaccination for children attending a child care facility or school.

WV HB4978

Relating to clarifying the authority of appointed officials

WV SB904

Clarifying requirements for Commissioner of Bureau for Public Health

WV SB1325

Peaceful and Natural Dignity Act: the right of self-quarantine.

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