New health board member means less with Idaho law giving county commissioners veto power

Much of the consternation and debate over the Ada County commissioners’ appointment to the Central District Health board may be overwrought.

That’s because the Idaho Legislature last session passed Senate Bill 1060, which requires any countywide or districtwide orders of a public health district to be approved or denied by the county commission in the county in which those orders are to take effect.

“If an order applies to all persons in a county or a public health district, the board of county commissioners within each affected county, after consulting with the district board of health, will determine by resolution whether or not to approve the order within county limits within seven (7) days of the date of the order,” according to the language inserted into the state’s public health district law.

In other words, you could kick Raúl Labrador off the board, bring back Diana Lachiondo and Dr. Ted Epperly, name Dr. Sky Blue and even appoint Dr. Anthony Fauci himself to the health board, and the county commissioners would still have the final word on those health orders.

The new law essentially took away health districts’ authority and subjected them to the veto power of county commissioners. The health board becomes more of a recommending body, subject to the approval of the county commission.

“If the board of county commissioners approves the order, then the order will take effect immediately for a period of 30 days,” according to the new law. “Thereafter, the order may be extended, amended or modified and reimposed for 30-day periods, subject to approval by the board of county commissioners.”

The three commissioners — Republicans Rod Beck and Ryan Davidson and Democrat Kendra Kenyon — on Monday interviewed the three candidates to replace Dr. Ted Epperly, who was summarily dismissed via email in June.

They’re scheduled to make their pick Tuesday among Dr. Sky Blue, Dr. Ryan Cole and Dr. Stan Moss.

Blue, an infectious disease specialist with a background in epidemiology, is clearly the most qualified and most endorsed candidate. He is considered by many as the top epidemiologist and infectious disease doctor in the state of Idaho, with support from St. Luke’s, Saint Alphonsus and Primary Health Group, and is endorsed by the Idaho Medical Association.

But if you think Davidson and Beck are going to choose Blue to replace Epperly, you’re sorely mistaken. If they wanted someone on the board like Blue, they would have kept Epperly.

Cole, a pathologist with a focus on skin, has become a darling of the far right, primarily for his views criticizing the vaccine (calling it “needle rape” and “tyranny with a needle”).

Cole didn’t really address some of his past controversial statements. He just blamed “the media” for taking his comments out of context. And Kenyon didn’t really press him on specifics of some of his claims, such as taking an inexpensive pill to save lives from COVID-19.

Cole also suggested that Idaho’s health community supports Blue because they’re beholden to the hospitals and motivated by profits. Suggesting that the Treasure Valley’s medical community supports Blue because they profit from certain public health decisions runs into dangerous territory. It makes me wonder how Cole would get along with most of the doctors and medical providers if he were on the board, with such accusations.

Cole also talked about vitamin D deficiency and metabolic health and comorbidities and health problems associated with COVID-19. He wasn’t really pressed for details, but he seemed to be suggesting that if we were all just healthy, COVID-19 wouldn’t be so serious of a problem. Fine, even if you accept that, the fact remains that people are overweight, people do have asthma, diabetes and compromised immune systems because of other health issues. People are also old, another risk category. So just look the other way as old people die?

Kenyon went along, suggesting that if we all just start eating carrots instead of putting “poisons” like doughnuts and coffee creamer into our bodies, we’d all be fine. What would Cole do as a board member? Start mandating everyone eat carrots and lose weight?

What a ludicrous line of questioning that was.

Don’t sleep on the third candidate, though: Moss, a retired orthopedic surgeon, and a Republican.

He said all the right things during his interview. He acknowledged the importance of individual choice and making health decisions for yourself with your physician. He spoke against coercion and force. He also said masks won’t be our ticket out of the pandemic.

He noted that 96% of physicians have gotten the COVID-19 vaccine, while only 60% of the general population has, meaning there’s clearly an information gap that’s detrimental to public health. As a board member, he’d try to bridge that gap and get as many people as possible vaccinated.

I could see a path forward in which commissioners, when they meet Tuesday to make a decision, choose Moss as the compromise candidate.

Davidson likely will choose Cole no matter what, because that will satisfy the rabid fringe of his base of supporters.

But I could see Beck and Kenyon agreeing on Moss, as it would be politically impossible for Beck to choose Blue. Moss offers Beck an escape valve and, really, a reasonable alternative to Blue.

But in the end, whoever is on the board, decisions they make, unfortunately, will have to get the final approval from the county commissioners — regardless of the science and medicine involved.

This story was originally published August 9, 2021 at 3:42 PM.

Scott McIntosh

Opinion Contributor,

Idaho Statesman

208-377-6202

Scott McIntosh is the Idaho Statesman opinion editor. A graduate of Syracuse University, he joined the Statesman in August 2019. He previously was editor of the Idaho Press and the Argus Observer and was the owner and editor of the Kuna Melba News. He has been honored for his editorials and columns as well as his education, business and local government watchdog reporting by the Idaho Press Club and the National Newspaper Association. Sign up for his weekly newsletter, The Idaho Way. Support my work with a digital subscription