09/11/2026
I suggest emailing your comments.
Proposed changes to Pennsylvania’s public health regulations could give state and local health officials expanded authority to enter private property, access medical records and interact with students without specific parental notification requirements. That is why I am urging residents to weigh in on the regulations.
The proposal, known as Regulation 10-242 or IRRC No. 3490, would revise Pennsylvania rules governing communicable and noncommunicable diseases. The State Advisory Health Board approved the changes in July 2025 before the Department of Health submitted them to the commission.
Among the most significant changes is language allowing the state Department of Health (DOH) and local health authorities to use “any other disease control measure” they determine appropriate to monitor, prevent, contain or limit the spread of infectious diseases or toxins. DOH said its proposed language was influenced in part by a 2021 Pennsylvania Supreme Court ruling that struck down a statewide school-masking order.
I’m concerned the broad language could potentially support future masking requirements or other disease-control measures, though any such action could still face legal challenges. Public health does not suspend the Constitution, so I’m calling for explicit protections involving warrants, parental rights, medical privacy, due process and legislative oversight.
The proposal also would allow health officials to enter apartments, buildings, schools, colleges, universities, health care facilities and other locations when necessary to investigate a disease. Officials would have to provide documentation establishing their authority, while individuals could be prohibited from interfering with an investigation. At the very least, the regulations should make clearer when officials would need consent, a warrant or a court order to enter private property.
The proposed rules also address schools, requiring them to provide health officials with reasonable and timely access to individuals for contact tracing or partner services. Officials could meet privately with students or others. Where is the specific parental notification requirement? Parents have a fundamental interest in directing the care and upbringing of their children.
Lastly, the regulations would also clarify health authorities’ ability to obtain confidential medical records during disease investigations, including requesting copies through secure electronic transmission. I believe the final rules should establish limits on which records can be collected, how long they can be retained, who can access them and when information unrelated to an investigation must be destroyed.
Let’s be clear: these are not minor administrative changes. They involve private property, parental authority, confidential medical information and the government’s ability to restrict individual activity. Voters approved an amendment in 2021 limiting a governor’s disaster declaration to 21 days unless the General Assembly approves an extension.
Public comments on the proposed regulations are being accepted by the Independent Regulatory Review Commission through Sept. 21. Comments should reference “Rulemaking #10-242: Communicable and Noncommunicable Diseases; IRRC #3490. The complete proposal is available through the Independent Regulatory Review Commission under Department of Health Regulation 10-242, IRRC No. 3490.
