A bill for an act relating to powers and duties applicable to state of disaster emergencies and public health disasters.

2025-2026 Regular Session Introduced by Kevin Alons and 9 co-sponsors

Bill SF 118 limits HHS powers during health emergencies, ensuring individual rights are protected while allowing for voluntary public health measures and vaccinations.

Subcommittee: Rozenboom, Celsi, and Schultz.

#disasters #diseases #emergencycommunications #emergencymanagement #executivebranch #healthandhumanservicesdepartment #immunizations #publichealthdisasters #quarantines #rights

Summary of Bill SF 118

Bill Number: SF 118
Title: A bill for an act relating to powers and duties applicable to state of disaster emergencies and public health disasters.
Status: Subcommittee: Rozenboom, Celsi, and Schultz
Introduced: January 23, 2025
Classification: Bill
Subject: Disasters, Diseases, Emergency Communications, Emergency Management, Executive Branch, Health and Human Services Department, Immunizations, Public Health Disasters, Quarantines, Rights

Purpose and Intent

Bill SF 118 aims to clarify and limit the powers of the Department of Health and Human Services (HHS) during state disaster emergencies and public health disasters. The bill seeks to balance public health measures with the protection of individual rights, particularly concerning personal autonomy and informed consent.

Key Provisions

Restrictions on Powers During Emergencies:

The bill establishes that measures taken during a state of disaster emergency must respect constitutional and individual rights, including:
- Religious rights
- Patient rights
- Surveillance limitations
- Health-related professional licensing and prescribing authority

Duties of the Department of Health and Human Services:

HHS is tasked with preventing the transmission of infectious diseases but cannot mandate:
- Identification and monitoring of individuals at risk of contracting diseases.
- Compliance with monitoring efforts.
HHS may recommend, but not require, physical examinations, testing, or specimen collection for diagnosis and treatment.

Individual Authority:

Individuals have the ultimate authority to accept or decline recommendations from HHS without undue pressure or compulsion.
Isolation of infected individuals is permitted only if they pose a public health risk and refuse examination or testing, with isolation duration limited to the longest usual incubation period for the disease.

Vaccination Recommendations:

HHS may recommend FDA-approved vaccines but cannot mandate vaccination against infectious diseases or for the prevention of communicable diseases.
Consent is required from adults or parents/legal representatives of minors prior to vaccination.

Impact

Affected Parties:

The bill impacts individuals who may be subject to health interventions during public health emergencies, as well as healthcare providers and the HHS.

Public Health Framework:

The legislation aims to create a framework that prioritizes individual rights while still allowing for necessary public health measures during emergencies.

Procedural Aspects

The bill was introduced on January 23, 2025, and has been referred to the State Government committee.

As of February 4, 2025, it is under consideration by a subcommittee consisting of members Rozenboom, Celsi, and Schultz.

This summary provides an overview of SF 118, highlighting its intent to protect individual rights while addressing public health needs during emergencies.