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HomeMy Public PortalAbout2-CM Report Att 1 - Gov stage 2 modified-orderIDAHOREBOUNDS STAG 2 STATE OF IDAHO IDAHO DEPARTMENT OF HEALTH AND WELFARE STAY HEALTHY ORDER November 14, 2020 BUSINESSES AND GOVERNMENTAL AGENCIES MAY CONTINUE OPERATIONS AT PHYSICAL LOCATIONS IN THE STATE OF IDAHO. ALL INDIVIDUALS, BUSINESSES, AND GOVERNMENTAL AGENCIES MUST ADHERE TO THE MANDATORY PORTIONS OF THE PHYSICAL DISTANCING AND SANITATION REQUIREMENTS DESCRIBED IN SECTION 3 OF THIS ORDER. GATHERINGS OF MORE THAN 10 PEOPLE, BOTH PUBLIC AND PRIVATE, ARE PROHIBITED, INCLUDING ATTENDANCE AT EXTRACURRICULAR ACTIVITIES SUCH AS SPORTING EVENTS. PATRONS OF BARS, NIGHTCLUBS, AND RESTAURANTS MUST REMAIN SEATED. FACE COVERINGS ARE REQUIRED AT LONG-TERM CARE FACILITIES. PEOPLE AT INCREASED RISK FOR SEVERE ILLNESS LIVING IN THE STATE OF IDAHO ARE STRONGLY ENCOURAGED TO STAY HOME AND LIMIT THEIR MOVEMENT OUTSIDE OF THEIR PLACE OF RESIDENCE. The Governor and Director of the Idaho Department of Health and Welfare ("Directorr99) hereby issue this order of isolation pursuant to Article 1V, § 5 of the Idaho Constitution and Idaho Law. The Director is authorized by Idaho Code § 56-1003(7) "to impose and enforce orders of isolation and q unarantine to protect the public from the spread of infectious or communicable diseases." This Order is effective as of 12:00 a.m. November 14, 2020 and will continue to be in effect until it is extended, rescinded, superseded, or amended in writing by the Governor and Director. STATE OF IDAHO AND DEPARTMENT OF HEALTH AND WELFARE STAY HEALTHY ORDER REBOUND.IDAHO.GOV -1 THE GOVERNOR OF IDAHO AND DIRECTOR OF THE IDAHO DEPARTMENT OF HEALTH AND WELFARE MAKE THE FOLLOWING FINDINGS: The basis for this Order includes, but is not limited to, the following findings. The virus that causes Coronavirus 2019 Disease ("COVID-19") has resulted in a global pandemic, is present in Idaho, and has infected over 78,000 Idahoans, resulting in 749 deaths to date. The virus is easily transmitted, especially in group settings, and it is essential that the spread of the virus be slowed to protect public health and safety and safeguard the ability of public and private healthcare providers to handle an influx of new patients. This Order is based on evidence of a significant increase of cases of COVID-19 within the State of Idaho; as well as, the advice and input of state epidemiologists, public health experts, and guidelines provided by the Centers for Disease Control and Prevention ("CDC") and the White House. This order is also based on the scientific evidence and best practices regarding the most effective approaches to slow the transmission of communicable diseases generally and COVID-19 specifically, and evidence that the age, condition, and health of a significant portion of the population of the state places its citizens at risk for serious health complications, including death, from COVID-19. Some individuals who contract the COVID-19 virus have no symptoms or have mild symptoms, which means they may not be aware they carry the virus. Because even people without symptoms can transmit the disease, and because evidence shows the disease is easily spread, gatherings can result in transmission of the virus. The most recent state report for Idaho from the White House Coronavirus Task Force states that "Idaho is in the red zone for cases, indicating 101 or more new cases per 100,000 population, with the 12th highest rate in the country. Idaho is in the red zone for test positivity, indicating a rate at or above 10.1%, with the 2nd highest rate in the country." Test positivity and case rates in Idaho have risen in the past several weeks and are rising in most counties in the state. The current weekly percent positivity of PCR testing is 16.9%. the highest positivity in Idaho during the pandemic. The White House report also states that "[b]etween Oct 31 - Nov 6, on average, 44 patients with confirmed COVID-19 and 7 patients with suspected COVID-19 were reported as newly admitted each day to hospitals in Idaho." As a result, hospitals across the state of Idaho, including the Veterans Affairs Medical Center, are at or nearing capacity. In some instances, hospitals have diverted patients to other hospitals within the state and in neighboring states. Local health districts have traced reported infections to gatherings of people, including school -related events, social gatherings, and recreational events. In the judgment of public health officials, reducing the size of these gatherings will reduce spread of the virus in communities and protect vulnerable Idahoans. STATE OF IDAHO AND DEPARTMENT OF HEALTH AND WELFARE STAY HEALTHY ORDER REBOUND.IDAHO.GOV - 2 Since June 2020, there has been a significant and concerning increase in cases of COVID- 19 among residents and staff at long-term care facilities in Idaho. Outbreaks often start with a staff member or a visitor and spreads to other staff members and residents. Many staff members and all residents of long-term care facilities are at a higher risk of severe complications associated with contracting COVID-19. Currently, 150 residential facilities have COVID-19 cases, and two long-term care facilities reported new outbreaks on November 10, 2020. The scientific evidence shows that at this stage of the pandemic, it is necessary to slow virus transmission to protect Idaho's vulnerable population and to prevent the healthcare system from being overwhelmed. In consultation with state and federal epidemiologists and healthcare experts, this Order is intended to protect the lives and safety of Idahoans, preserve capacity in our healthcare system and slow the spread of COVID-19 by limiting public and private gatherings, requiring patrons to remain seated at bars and restaurants, mandating masks in long-term care facilities, and requiring individuals to maintain physical distancing whenever possible. NOW, THEREFORE, THE GOVERNOR OF IDAHO AND IDAHO DEPARTMENT OF HEALTH AND WELFARE DIRECTOR ORDER: 1. Gatherings. a. Gatherings of more than 10 people, both public and private, are prohibited. People participating in gatherings of 10 or fewer people, while permitted, must adhere to the Physical Distancing and Sanitation Requirements in Section 3. b. As defined by the CDC, "gathering" means "a planned or spontaneous event, indoors or outdoors, with a small number of people participating or a large number of people in attendance such as a community event or gathering, concert, festival, conference, parade, wedding, or sporting event." c. Bars, restaurants, and nightclubs. i. All patrons must remain seated while consuming food or drink or when otherwise remaining on the premises, except for when entering, exiting, or using the restroom; ii. Seating must be arranged and maintained so that tables are spaced at least six feet apart; and iii. Nightclubs may continue to operate as a bar but must comply with the requirements of this Section and this Order. STATE OF IDAHO AND DEPARTMENT OF HEALTH AND WELFARE STAY HEALTHY ORDER REBOUND.IDAHO.GOV - 3 d. Exemptions. i. Gatherings for political expression and religious activities are not subject to the provisions of this Section; provided, however, that gatherings for purposes of political expression and religious activities must adhere to the Physical Distancing and Sanitation Requirements in Section 3 of this Order; ii. Gatherings as defined in this Section do not include "educational activities." The term "educational activities" means activities involving students taught by an educator in a school or equivalent setting; iii. Gatherings of more than 10 members of the same household. Household is defined as an individual or a group of individuals who reside in the same residence. iv. Extra -curricular activities, including athletics, practice, matches, performances and games may continue. Participants necessary for the extra- curricular activity to occur include, but are not limited to, players, instructors, coaches, officials, and personnel to broadcast the activity. Attendance by non -participants, including spectators, remains subject to the requirements specified in this Order, including but not limited to, those identified in Sections 1(a) and 3; and v. Gatherings that received an exemption from a public health district prior to November 14, 2020, may occur subject to the requirements provided by the health district and the Stay Healthy Order dated October 27, 2020. This exemption is only valid for gatherings occurring prior to November 22, 2020. 2. Face Coverings at Long -Term Care Facilities. a. Anyone who enters a long-term care facility or campus who is not a resident must wear a face covering that covers their nose and mouth at all times. b. Exemptions. This requirement does not apply to: i. Children under the age of 5; ii. Any person while consuming food or drink; iii. Any person with a diagnosed medical condition, mental health condition, or disability which prevents wearing a face covering; or iv. Any person who is deaf or hard of hearing for purposes of communication, or any person communicating with a person who is deaf or hard of hearing. STATE OF IDAHO AND DEPARTMENT OF HEALTH AND WELFARE STAY HEALTHY ORDER REBOUND.IDAHO.GOV - 4 3. Physical Distancing and Sanitation Requirements. a. Individuals not residing within the same household must maintain at least six-foot physical distancing from other individuals whenever possible. b. Individuals should: i. Wash hands with soap and water for at least twenty seconds as frequently as possible or use hand sanitizer; ii. Cover coughs or sneezes (into the sleeve or elbow, not hands); iii. Regularly clean high -touch surfaces and not shake hands; iv. Stay home if sick; v. Wear face coverings while in public, especially when six-foot distancing is not always possible (e.g., inside businesses); and vi. Follow additional protocols established in the Governor's Guidelines for Opening up Idaho published at https://rebound.idaho.gov/. c. Employers must: i. Develop and implement measures to ensure employees and customers maintain at least six-foot physical distancing from other individuals whenever possible; ii. Provide adequate sanitation and personal hygiene for employees, vendors, and patrons; and iii. Frequently disinfect commonly touched and high -traffic areas and regularly clean those areas. d. Employers should: i. Identify how personal use items such as masks, face coverings, and gloves may be required by employees, vendors, and/or patrons; ii. Provide services while limiting close interactions with patrons; iii. Identify strategies for addressing ill employees, which should include requiring COVID-19 positive employees to stay at home while infectious, and may include keeping employees who were directly exposed to the COVID-19 positive employee away from the workplace, and the closure of the business until the location can be properly disinfected; STATE OF IDAHO AND DEPARTMENT OF HEALTH AND WELFARE STAY HEALTHY ORDER REBOUND.IDAHO.GOV - 5 iv. On a case -by -case basis, include other practices appropriate for specific types of businesses such as telework where appropriate, screening of employees for illness and exposures upon work entry, requiring non -cash transactions, etc.; and v. Implement additional protocols established in the Governor's Guidelines for Opening up Idaho and the business -specific protocols published at https://rebound.idaho.gov/. 4. People at increased risk for severe illness should self -isolate. Because of the risk of the rapid spread of the virus, and the need to protect all citizens of the State of Idaho, this Order strongly encourages individuals at increased risk anywhere in Idaho to stay at home. Members of households with residents that are at increased risk should be aware that by returning to work or other environments where distancing is not always possible, they could carry the virus back home. Precautions should be taken to protect and isolate from residents at increased risk for sever illness. People who are at higher risk for severe illness are defined by the CDC. Additional information is located at https://www.cdc.gov/coronavirus/2019-ncov/need-extra- precautions/people-at-higher-risk.html 5. The violation of any mandatory provision of this Order constitutes an imminent threat to public health. Violation of or failure to comply with a mandatory provision of this Order may constitute a misdemeanor punishable by fine, imprisonment, or both pursuant to Idaho Code § 56-1003(7)(c). The Governor and Director requests that the Sheriffs and Chiefs of Police in the State of Idaho, and Idaho State Police educate the public about this Order and ensure compliance with this Order. 6. This Order is effective as of November 14, 2020 at 12:00 a.m. and will continue to be in effect until it is extended, rescinded, superseded, or amended in writing by the Governor and Director. 7. The Stay Healthy Order dated October 27, 2020 is hereby rescinded. 8. To decrease the spread of COVID-19, the cities, counties, public health districts, school districts, and institutions of higher education within the State of Idaho may enact more stringent public health orders than those set out in this Order. Health orders issued by cities, counties, public health districts, school districts, or institutions of higher education that are more stringent than this Order remain valid. 9. Each county and each city must promptly provide copies of the Order as follows: (1) by posting the Order on its website, (2) by posting the Order at each county courthouse and each city hall, and (3) by providing a copy to any member of the public requesting it. The Order will also be posted on the website of the Department of Health and Welfare. STATE OF IDAHO AND DEPARTMENT OF HEALTH AND WELFARE STAY HEALTHY ORDER REBOUND.1DAHO.GOV - 6 10. If any provision of this Order or its application to any person or circumstance is held to be invalid, then the remainder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable. IT IS SO ORDERED: BRAD LITTLE, GOVERNOR STATE OF IDAHO DAVE JEPPESEN, DIRECTOR IDAHO DEPARTMENT OF HEALTH AND WELFARE Dated: November 13, 2020 Dated: November 13, 2020 STATE OF IDAHO AND DEPARTMENT OF HEALTH AND WELFARE STAY HEALTHY ORDER REBOUND.IDAHO.GOV - 7