Gov. Josh Shapiro’s administration will rescind Pa. disease-tracking proposal that reignited pandemic-era outrage
The decision was made after the state received more than 10,000 comments opposing the changes, the Pennsylvania Department of Health said Friday.
Gov. Josh Shapiro’s administration will rescind a series of proposed vaccination and disease-tracking regulations that reignited public outrage toward restrictive pandemic-era policies in Pennsylvania — a decision made after receiving more than 10,000 comments opposing the changes, the state Department of Health said Friday.
The department will withdraw the regulations, incorporate feedback, and resubmit the public health rules “once Pennsylvanians’ feedback has been adequately incorporated,” Neil Ruhland, a spokesperson for the department, said in a statement.
Shapiro’s administration earlier this year submitted the proposed regulations aimed at combating infectious diseases to the Independent Regulatory Review Commission, a little-known board that assesses and approves new state regulations, requiring public input before they can be implemented. These regulations had been in progress for years, but were not introduced to the public until June 4.
The public comment period coincided with a high-profile clash between Shapiro and U.S. Secretary of Health and Human Services Robert F. Kennedy Jr. over two infant deaths that Pennsylvania attributed to measles — the first deaths from the highly contagious and preventable disease in the state in 35 years. And it quickly refueled public disapproval of government mandates enacted during the COVID-19 pandemic.
» READ MORE: Josh Shapiro’s measles response — and its backlash — reignites COVID-19 fury
The 502-page proposed regulations would have expanded the state health department’s investigatory powers deemed necessary to track, prevent, contain or mitigate a contagious disease. Republican state lawmakers and thousands of enraged constituents were especially concerned by a provision that would allow the state Department of Health or local health authorities to enter schools or private properties to investigate alleged outbreaks or review vaccination records. They also criticized the Department of Health’s effort to change references to a “pregnant woman” to “pregnant individual” throughout the policy, claiming it was an effort to remove women from the state’s public health rules.
The pushback comes at a time when federal health officials, under Kennedy, who has a history of anti-vaccine activism, have worked to reduce the number of childhood vaccination recommendations — and as childhood vaccination rates hit new lows in Pennsylvania. The effort has prompted Shapiro and other Democratic governors to sign executive orders to protect vaccine access. States are tasked with setting vaccination mandates for schoolchildren, rather than the federal government.
The proposals rescinded Friday will not affect federal or state executive orders related to vaccination access.
House Minority Leader Jesse Topper (R., Bedford) was among the first officials last month to raise alarm about the proposed regulations. In a statement Friday, he said it was the “correct and logical conclusion” for the Department of Health, following the outpouring of public opposition.
Senate Majority Leader Joe Pittman (R., Indiana) called Friday’s announcement “a tremendous victory for the grassroots efforts of Pennsylvanians.”
”This is a stark reminder that we must continue to be vigilant when the Executive Branch attempts overreach," Pittman added. “We cannot and will not allow actions like we saw taken by the Executive Branch during the height of the COVID-19 pandemic to be put in place again.”
Nearly all of the members of the Republican Senate and House caucuses in Pennsylvania’s split legislature submitted letters in opposition to the proposed regulations, arguing they were more restrictive than the ones enacted during the COVID-19 public health emergency and would infringe on Pennsylvanians’ constitutional rights.
“The proposed regulations represent executive-branch overreach reminiscent of what we experienced during the COVID-19 pandemic — but this time, the rules would be permanent,” Senate President Pro Tempore Kim Ward said in a statement earlier this week. “Every Pennsylvanian should understand these regulations and how they could impact their lives.”
At least one Democrat — State Rep. Dan Frankel (D., Allegheny), who chairs the House Health Committee — submitted his support during the public comment period for updating the state’s existing communicable disease rules. Even so, his remarks recommended several changes to the proposed regulations, including to how the state would evaluate some vaccination exemptions to consider how children will be impacted if their parent forgoes the preventative measures.
Senate Minority Leader Jay Costa (D., Allegheny) said in a statement Friday he was looking forward to continuing the conversation about the regulations, adding “public trust and buy-in is crucial to effective governance.”
Beth Rementer, a spokesperson for House Democrats, said Friday that Shapiro’s administration was “acting responsibly” by considering public opinion.
“After all, that’s how government is supposed to work,” Rementer added.
Shapiro’s administration has rescinded at least 11 other regulation proposals since taking office in 2023, according to administration officials. But a deluge of feedback is rare, and most proposed regulations receive around five public comment submissions, a Shapiro administration official said.
Monday was the final day for public comment submissions. As part of their opposition campaign, Republican lawmakers encouraged their constituents to voice their opinion as part of public comment. By the end of the day, the review commission received more than 10,000 comments opposing the regulations.
“The Department of Health received a historically high volume of feedback during the public commentary period and it is clear additional stakeholder input is needed,” Ruhland said.
Shapiro, a Democrat, is seeking reelection in November. His GOP challenger, state Treasurer Stacy Garrity, has criticized Shapiro for the proposed regulations, calling them “mandates that would make draconian COVID-era restrictions blush.”
On Friday, Garrity celebrated the regulation withdrawal, and called Shapiro “the least transparent governor in America” who “got caught trying to sneak a 502 page invasion of privacy and parental rights through.”
A spokesperson for Shapiro on Friday declined to comment, deferring to the state Department of Health.
