ORDER OF BIG HORN COUNTY PUBLIC HEALTH OFFICER No. 2020-8—22 May
WHEREAS, the Montana Department of Public Health and Human Services (DPHHS) recognizes COVID-19 as a threat to the residents of Montana; and
WHEREAS, response plans and protocols have been activated to prepare for cases of COVID-19 in Big Horn County, Montana; and
WHEREAS, the Montana DPHHS, local health departments, health and medical departments and local jurisdictions have activated response plans and protocols to prepare for the arrival of the virus in Montana; and
WHEREAS, proactively implementing mitigation measures to slow the spread of the virus is in the best interests of the State of Montana, Big Horn County and its people as set forth in the Board of Big Horn County Commissioners’ Emergency Proclamation Resolution No 2020-7, A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BIG HORN COUNTY, MONTANA PROCLAIMING AN EMERGENCY RESULTING FROM THE IMMINENT THREAT OF A DISASTER CAUSING IMMEDIATE PERIL TO LIFE OR PROPERTY THAT TIMELY ACTION CAN AVERT OR MINIMIZE; and
WHEREAS Administrative Rule of Montana 37.114.102 LOCAL BOARD RULES provides:
1. A local board of health may adopt rules for the control of communicable diseases, if such rules are as stringent as and do not conflict with the requirements of this chapter.
WHEREAS, Montana Code Annotated § 50-2-118 provides:
50-2-118. Powers and duties of local health officers. In order to carry out the purpose of the public health system, in collaboration with federal, state, and local partners, local health officers or their authorized representatives shall:
(1) make inspections for conditions of public health importance and issue written orders for compliance or for correction, destruction, or removal of the condition;
(2) take steps to limit contact between people in order to protect the public health from imminent threats, including but not limited to ordering the closure of buildings or facilities where people congregate and canceling events;
(3) report communicable diseases to the department as required by rule;
(4) establish and maintain quarantine and isolation measures as adopted by the local board of health; and
(5) pursue action with the appropriate court if this chapter or rules adopted by the local board or department under this chapter are violated.
Therefore, no rules, regulations or orders of the local board of health are needed for the Local Health Officer to issue Orders
WHEREAS, based upon the foregoing the local health officer should institute her authority to close buildings and facilities to prevent the spread of COVID-19 to the County of Big Horn, Montana and take steps to limit contact between people; and
WHEREAS, the Local Board of Health has adopted QUARANTINE AND ISOLATION MEASURES; and
WHEREAS, high risk individuals are defined as individuals over the age of 65, those with certain underlying health conditions, and professionals working in a COVID-19 positive environment;
IT IS HEREBY ORDERED that people with COVID-19 in the general population who in the sole opinion of the local health officer, to further contain the spread of COVID-19, cannot return to their place of residence, professionals, including but not limited to first responders and health care professionals testing positive for COVID-19 or who are working in a COVID-19 positive environment, people that have been exposed to COVID-19 (as documented by a state or local health official, or a physician licensed in Montana) that do not require hospitalization, but need isolation or quarantine and require non-congregate sheltering, must:
1) Not use open sleeping arrangements and use individual rooms only;
2) Allow only single use or family use of the individual rooms;
3) Follow procedures for responding to COVID-19, including, but not limited to cleaning, sanitizing, hand washing, wearing of masks and social distancing;
4) Any person ordered to quarantine or isolate must not leave the place of quarantine or isolation without written permission of the Local Health Officer or said person may leave in the event of a medical emergency, in which case said person must go directly from the place of quarantine or isolation to the nearest medical provider that is open.
IT IS FURTHER ORDERED that unless extended, this order shall be effective immediately upon signing, until the end of the Emergency Proclamation.
IT IS HEREBY FURTHER ORDERED that this Order may be revised, updated, amended, changed or revoked in whole or in part at any time.
Penalties for violation of this Order may include, but are not limited to either or both of the following,
1) the closing of any establishments that had been allowed to re-open under this Order; and
2) Punishment as a misdemeanor
To the extent order is more restrictive, this Order supplements any Orders or Directives of the State of Montana or the United States Government regarding the COVID-19 virus.
Done and Dated at Hardin, MT this 22nd day of May 2020 at 10:30a.m.
Carolyn Greimann, M.D.
Public Health Officer for Big Horn County, Montana
809 N Custer Avenue
Hardin, MT 59034
SEE MONTANA CODE ANNOTATED TITLE 50 CHAPTER 2 PART 1 and ADMINISTRATIVE RULES OF MONTANA 37.114.102
ACTION OF BIG HORN COUNTY HEALTH BOARD
I hereby certify that this ORDER OF BIG HORN COUNTY PUBLIC HEALTH OFFICER was duly approved by the Big Horn County Health Board to further implement public health laws with a vote of 5 in favor, 0 opposed, and 0 abstaining and that a quorum was present on this 22nd day of May, 2020.
/s/George Real Bird III
Chairman of Health Board