Will Humble Disease Control

CDC Recommends Vaccinated People Wear Masks in Public in Areas of High Transmission

IMPLEMENTING COVID-19 PREVENTION STRATEGIES IN THE CONTEXT OF VARYING COMMUNITY TRANSMISSION LEVELS & VACCINATION COVERAGE

Last week CDC changed their guidance for people living in areas of high transmission (like Arizona) urging everyone to wear a mask whether or not they’re vaccinated. There was a lot more to the guidance – but that was the top line change.

I initially had a beef with the CDC on that change because they relied on unpublished data to make the policy change:  “… based on emerging evidence suggests that fully vaccinated persons who do become infected with the Delta variant are at risk for transmitting it to others”  (CDC COVID-19 Response Team, unpublished data).

I have a problem with agencies making policy changes without disclosing the data sources that they’re using. In this case, CDC made a major policy change that impacts the behavior of hundreds of millions of people based on data that was unpublished.

Decision-making like that makes it very difficult for public health people in the field to defend the new policy. The agency is essentially saying ‘trust us, we’re right but we won’t tell you what the data is that drove the decision‘. Furthermore, it impairs adherence to the new policy because it’s not backed up by reviewable data.

Later in the week, CDC finally published the data that they used to develop the policy change earlier in the week.

Some of those data were published Friday in CDC’s Morbidity and Mortality Weekly Report.  It presented data suggesting that Delta infection results in similarly high SARS-CoV-2 viral loads in vaccinated and unvaccinated people… suggesting an increased risk of transmission in vaccinated persons with breakthrough infections (this has not been known to be the case in previous strains).

I’m OK with the guidance now, but I sure wish they had published their sources before making the policy change.

Remember, that the vast majority of persons infected with the virus at any given time are unvaccinated, so I’d still characterize the CDC’s decision to recommend public masking of vaccinated persons something that is being done ‘out of an abundance of caution’.

Will Humble Disease Control, Public Health Law

Expect Legal Action This Week

There’ll no doubt be some legal action this week challenging the laws the governor signed that micromanage COVID mitigation by schools, counties and cities. There are several court challenges that could happen. Here are a few examples:

K-12 Schools

The state legislature prohibited school districts from requiring students to wear masks inside classrooms in the K-12 budget bill. Governor Ducey enthusiastically signed the bill preventing districts from requiring masks (despite CDC guidance, American Academy of Pediatrics recommendations and tons of evidence for this important protective measure).

I expect one or more school districts to file an action in Superior Court challenging the K-12 Budget Reconciliation Bill because it violates the State Constitution’s requirement that all bills have a single subject (see this blog post and this report from the Network for Public Health Law).

Another argument may include the fact that Ducey’s restriction makes it impossible for schools to have fidelity to in loco parentis (“in the place of a parent”) which refers to the legal responsibility of schools to take on some of the functions and responsibilities of a parent on campus.

The Phoenix Union High School District is already ignoring the governor, announcing in their letter to parents entitled: PXU Announces Mask Requirement and the Safe Return to In-Person Learning that they’ll be requiring universal masking of all staff students and visitors regardless of vaccination status.

Expect more districts to defy the directive and require masks in classrooms despite ARS 15-342.05. This will probably trigger an action by A.G. Brnovich and/or Ducey to try to compel the district to stand down, sending the case to Superior Court- but this time with the school district as the defendant rather than the plaintiff.

Note: ARS 15-342.05 doesn’t take effect until September 29 (90 days after the end of the legislative session), however bill included a retroactivity clause back to June 30, 2021. A legal question is whether the restriction on districts takes effect on September 29 or whether it is already in effect because of retroactivity.

Cities & Counties

In light of the new guidance from the CDC regarding mask wearing in areas of high transmission (see next piece) we could see cities and/or counties to require visitors to city and county buildings to wear masks regardless of their vaccination status. Such a policy would be in violation of SB 1819 which prohibits:

“… a county, city or town from making or issuing any order, rule, ordinance or regulation… including an order, rule, ordinance or regulation that mandates the use of face coverings…”.

For example, cities could require city library visitors to wear masks regardless of vaccination status. Such a policy would likely trigger an action by Brnovich or Ducey to try to compel the city to comply with the new law- sending the case to court. Cities/counties could then make an argument that SB 1819 also violates the single subject requirement in the state constitution.

Gabe Rushing Disease Control, Early Childhood, Wills Blog

Ducey, Christ & Harrier Cave on School Threats

There is some good news when it comes to COVID & schools this fall. Testing kids for COVID will be much easier this fall partly because of the American Rescue Plan Act.

During the previous fall and spring semesters, there was some testing capacity at schools, but it wasn’t adequate to really do good testing and surveillance. That will change for two reasons this fall.

Number one is that the American Rescue Plan Act provides significant dollars to the state and county health departments so they can purchase tests to give to schools. Number two is that there’s a new rapid (antigen) test which has been given FDA Authorization that makes it much easier for schools to use.

Last semester, schools generally needed to partner with a community lab that is CLIA certified to do on-site testing. The availability of the new Over-the-Counter BinaxNOW Rapid COVID-19 Test means that schools will no longer need to partner with a lab. On top of that, the Rescue Plan Act provides more than enough money for the state and counties to buy the test kits.

And that’s exactly what the state and many county health departments are doing…  buying these at-home testing kits and making them available to schools.

Schools will have the ability to use the kits in ways they prefer. They could, for example, have tests available in the nurses or administrative offices and could do on-site testing (with parental consent of course). Alternatively, they may choose to send a kid home with the rapid test kit and ask the parent to do the testing.

In any event, it’s not all bad news at schools despite the poor decisions that have been made by the governor and state health director. Testing will be much more widely available this fall, and schools will have more tools to identify kids with COVID.

Megan Resolutions

1951 Budget Approval, basic salaries

R E S O L U T I O N

WHEREAS, The salaries of public health employee have nd kept pace with the rising cost of living, and

WHEREAS, these trained public servants are even more essential in times of national emergency to preserve the public health and welfare, and,

WHEREAS , failure to adjust inadequate salaries at this time might well resUlt in trained people leaving the public health field for more lucrative positions, now therefore

BE IT RESOLVED: That an immediate study be made, prior to the current budget approvals, with a view to periodic adjustment of
basic salaries to fit the rising cost of living

Helen Rotthaus, chairman
Resolution Committee.
Glenn Lester

May 18, 1951
Mesa, Arizona
28~1951_(1)Budget approval, adjustment of basick salaries (AzPHA personel)

Megan Resolutions

1949- Appreciation

WHEREAS, the 19th Annual meeting of the Arizona Public Health Association, held in Prescott May 12 and 13, 1949, has been an out­standing success, and

WHEREAS, it is the consensus of those members present that an
expression of appreciation should be tendered to those individuals and organizations who have contributed so unselfishly of their time and effort in preparation for and the conduct of the meeting, therefore be it

RESOLVED, that our gratitude and thanks be extended to to

Dr. C E, Yount, c. W. Strubee and members of the Local Arrangements committee who did such excellent work in arranging accommodations, meeting places and social events,

Mr. Frank R. Williams, Dr. J. P. Ward, O. V. Cooper and members of the Program Committee who were responsible for the planning, assembling and arrangement of such a fine program,

Dr. Robert Rothermel, who contributed so greatly to the success of the meeting as moderator and speaker,

Senator Sam Head, whose fine speech at Friday banquet was so enthusiastically received,

Dr. Nicholas Pelletier and his gracious staff at the Hassayampa Hotel, for making our stay a pleasant one; Mayor Seale, the City of Prescott, and the Prescott Chamber of Commerce, for the gracious hos­pitality extended, us
Miss Dorris Rakop and her able assistants for their efficient job of registration of members and guests,

Our sincere thanks to the following concerns for their generous support which made possible the various social functions: Arizona Pest Control Association, Associated Dairy Products Company, Bordens Creamery , Clark Drug Company, Co-Op Dairy, Incorporated, Cutter Laboratories, Lily-Tulip Company, Pacific Western Enterprises, Roy, L Perry Company,
Surge Dairy Equipment, Swift & Company, Westward Ho Dairy, and Wyandotte Steri -Clor .

To our officers, committees and to all who in anyway contributed to the success of this meeting, we hereby express our gratitude.

ARIZONA PUBLIC HEALTH ASSOCIATION

Resolutions Committee:
John Turnre Priscilla Pell on June Littrell

26_19th anuual meeting and thank you

Megan Resolutions

1951- Special Session State Legislature, Funds Civil Defense

Whereas the Arizona Public Health Association has in Conference assembled in Mesa, Arizona, on this 17th day of May 1951, to discuss Public Health and National Defense and

Whereas the Civil Defense Program of Arizona cannot be organized until sufficient funds are made available for its operation after July 1, 1951 and

Whereas the Civil Defense Program is dependent upon the State Legislature for funds.

Now, Therefor Be it Resolved that:

1. If a special session of the State Legislature is called for the consideration of other matters, the appropriation of funds for the activation of Civil Defense be included in the call, or

2. In the event other matters do not make a special session necessary, a special session be called for the purpose of appropriating funds for the activation of the State Civil Defense Program

29~1951_(1)Special Session State Legislature- funnds Cival Defense (legislation)

Megan Resolutions

1951 – Appreciation

R E S O L U T I O N

WHEREAS, the twenty-first annual convention of the Arizona Public Health Association has been held in Mesa, May 16-18, 1951, and

WHEREAS, the success of the meeting has been greatly enhanced by the contributions so generously made by members and participants, now therefore,

BE IT RESOLVED: That we extend our sincere thanks and appreciation for his participation to Frank Williams for his outstanding keynote address and helpful discussion at the various workshop sessions, to Dr. Clearance Salsbury and Dr. James Ward and members of there staffs for their many and varied contributions to the success of the convention.

BE IT FURTHER RESOLVED: That expressions of appreciation be extended to Mr. C Bullock and his local arrangements committee to Mayor Crimson, Dr. George Truman, the City of Mesa, Mesa Chamber of Commerce and the management of the Maricopa Inn for the hospitality shown us during our stay in this city.

BE IT FURTHER RESOLVED: That sincere thanks be extern.ed the various manufacturer’s representatives whose generous and thoughtful hospitality have greatly added to the gaiety and enjoyment of the evening festivities,

Helen Rotthaus Chairman
30~1951_(1)Appreciation Gov Pyle, Dr. Robert Zobel, Dr. Clarence Salsbury annd Dr. James Ward etc. (appreciation)

Megan Resolutions

1953 Life time Membership

RESOLUTION

WHEREAS The Arizona Public Health Association has reached its twenty- .fifth anniversary ; and

WHEREAS The very existence or this organization has been due to the untiring and unselifsh efforts of many people;
and

WHEREAS Charter members of the Arizona Public Health Association, who have served so zealously for twenty – five years, should receive just recognition for their fine work; now therefore

BE IT RESOLVED That t he membership of the Arizona Public Health Association, in general conference assembled, dedicate to these charter members the tribute of a Life Membership in, the Association, and

BE IT FURTHER RESOLVED That these charter members be presented a certificate of merit and life membership by the President or the Association to show the respect in which they are held by all members .

Adopted by the Arizona Public Health Association
Yuma, Arizona April 15, 1953

31~1953_(1)Life membership (AzPHA personel)

Megan Resolutions

1953 – Appreciations

The Laboratory Section did not elect officers at this meeting. If the 1954 annual meeting is held in one of the larger cities they will elect officers, otherwise they will probably meet with the sanitarians section again and will not elect officers.

Mr. Williams congratulated the new section officers

A telegram received from the City of Winslow, inviting the Arizona Public Health Association to meet there next year, was read by President Williams.

The meeting was turned over to Miss Jefferson I. Brown, the new, President.

The Association expressed a vote of thanks to the out going officers

Miss Brown announced that there would be a meeting of the new Executive Committee immediately following, this session.

There being no further business to come before the Association, the Twenty-third Annual Meeting of the Arizona Public Health Association was adjourned.

RESOLUTION

WHEREAS The success of the twenty-third Annual Meeting of the Arizona Public Health association in Yuma, April 15-18, has been largely due to the fine efforts and coopera­tion of many individuals and organizations; and

WHEREAS It would not have been possible to complete preparations for the Twenty-third Annual meeting without the support of these individuals and organizations; now therefore

BE IT RESOLVED That the Arizona Public Health Association ex­presses its sincere appreciation and thanks to Mr. Raymond M. Cowley and the Yuma Chamber of Commerce, Doctor A. I. Podolsky, the Yuma County Health Unit, Mr. Sam B Reickert and the Del Sol Hotel, the Yuma Daily Sun, the Yuma Radio Stations, the Fraternal Order of Eagles, the Business and Professional Women’s Club of Yuma Mr. Keith Blossom and the Lily Tulip Cup Corporation, Mrs. Maxine Cole, the Speakers, and all other participants for contributing so generously of their time, facilities and financial assistance

32~1953_(1) Appreciations mr Raymond Cowley, Yuma Chambe of Commerce Dr. AI Podolsky etc. (appreciation)

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