Some Alabama lawmakers are again proposing a bill to allow the governor to appoint the state’s top doctor and have approval of emergency orders issued by him or her.
Senate Bill 74, sponsored by Sen. Sam Givhan, R-Huntsville, allows the governor to appoint the state health officer, who oversees the Alabama Department of Public Health.
It also gives the governor “authority to approve or deny any action of statewide application which is proposed by the state health officer and which would restrict, limit, or otherwise burden the conduct of private citizens or businesses.”
Since 2020 and the onset of the COVID-19 pandemic, some lawmakers have expressed frustration and disappointment in the multiple emergency orders that temporarily shuttered many businesses in an effort to prevent the spread of the virus. Multiple pieces of legislation have followed.
Givhan said the pandemic exposed concerns about the Department of Public Health structure, but that that’s not the main reason for the bill. He said SB74 is important because of the need for “accountability for the public” in the office.
The state health officer is currently selected by the State Committee of Public Health. That committee, by state law, is largely made up of the leadership of the Medical Association of the State of Alabama, the professional association of physicians in the state.
Givhan also said the current State Health Officer, Dr. Scott Harris, is not personally the reason for the legislation.
Givhan’s proposal also changes public health emergency orders, requiring their immediate approval by the governor.
Under current law, ADPH alone may declare a public health emergency for up to 120 days, after which any extension requires approval from the governor. During the most recent meeting of the ADPH board in December, members unanimously voted to recommend changing its rules to require the governor’s approval for declaring public health emergencies on day one.
Givhan introduced a similar bill last year, SB171, but it did not pass. Givhan described the new bill as “a bit more aggressive” compared to last year’s proposal.
It has 13 GOP co-sponsors in the Senate.
Separately, legislation to codify the health department’s proposed rule, House Bill 143, has been filed in the House by Rep. Mark Shirey, R-Mobile.