Public Health Authority Limits

Health
Written By Alysha Rashid

As of May 2022, 10 out of 12 Southern states have enacted bills that limit authority regarding public health emergency orders.

States that have enacted bills limiting public health authority

Jan 2021- May 2022

Source: Temple University Beasley School of Law Policy Surveillance Program. Notes: “Bill enacted” indicates the state has enacted at least 1 bill limiting the public health authority of the governor,  state health official, and/or local health official regarding public health emergency orders.

In response to the pandemic, legislators in 25 states enacted bills to limit the authority of officials regarding public health emergency orders. In Southern states, it’s 10 out of 12 (AL, AR, FL, GA, KY, LA, NC, SC, TN, and WV).1,2 North Carolina’s bill (Senate Bill 220) restricts the governor from issuing a public health emergency, while Louisiana’s bill (SB 136) restricts the authority of state public health officials. Florida’s bill (SB 2006) restricts both entities. In the other 7 Southern states, bills have been enacted that restrict the governor’s and state and local health officials’ authority on everything: from issuing a public health emergency order to the duration, scope, and termination of the emergency order. Public health officials across the nation have expressed strong concern about how these restrictions will impact the response to future Covid outbreaks and potential pandemics.3,4

At the federal level, President Biden recently signed a bipartisan congressional resolution to immediately end the Covid national emergency on April 11, 2023, weeks before its anticipated ending.5,6 Still, concerns remain as Americans are still dying of Covid, including a weekly average of 2,823 deaths in January and February 2023 (Excess deaths, Death rates).7,8

  1. “Public Health Authority Limits”. The Policy Surveillance Program. May, 2022. https://lawatlas.org/datasets/public-health-authority-limits

  2. “Covid backlash hobbles public health and future pandemic response”. Weber, Achenbach. The Washington Post. March, 2023. https://www.washingtonpost.com/health/2023/03/08/covid-public-health-backlash/

  3. “Over Half of States Have Rolled Back Public Health Powers in Pandemic”. Weber, Barry-Jester. KFF. September, 2021. https://kffhealthnews.org/news/article/over-half-of-states-have-rolled-back-public-health-powers-in-pandemic/

  4. “Proposed Limits on Public Health Authority: Dangerous for Public Health”. NACCHO. May, 2021. https://www.networkforphl.org/wp-content/uploads/2021/05/Proposed-Limits-on-Public-Health-Authority-Dangerous-for-Public-Health-FINAL.pdf

  5. “Biden ends COVID national emergency after Congress acts”. NPR. April, 2023. https://www.mckinsey.com/industries/healthcare-systems-and-services/our-insights/one-billion-days-lost-how-covid-19-is-hurting-the-us-workforce 

  6. “Notice on the Continuation of the National Emergency Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic”. The White House. February, 2023. https://www.whitehouse.gov/briefing-room/presidential-actions/2023/02/10/notice-on-the-continuation-of-the-national-emergency-concerning-the-coronavirus-disease-2019-covid-19-pandemic-3/

  7. “COVID-19 Mortality Overview”. CDC. https://www.cdc.gov/nchs/covid19/mortality-overview.htm

  8. “Provisional Death Counts for Coronavirus Disease 2019 (COVID-19)”. CDC. https://www.cdc.gov/nchs/nvss/vsrr/COVID19/index.htm

Alysha Rashid
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