APIC Raises Alarm Over HHS Move to Restrict Public Comments on Regulations

The Association for Professionals in Infection Control and Epidemiology (APIC) expresses alarm over the Department of Health and Human Services attempt to rescind its policy on Public Participation in Rulemaking, known as the Richardson Waiver, put forth in the Federal Register. This move would strip the public of its long-standing right to comment on agency decisions and is an unprecedented and alarming attack on transparency, accountability, and public health. For decades, public participation has been a cornerstone of HHS’s policymaking, ensuring that those directly affected by its decisions—including healthcare providers, researchers, and patient advocates—have a voice. The new policy seeks to eliminate this critical safeguard, putting vital public health initiatives, including infection prevention and control (IPC), at risk.

At a time when emerging infectious diseases, antimicrobial resistance, and hospital-acquired infections pose serious threats to patient safety, removing public oversight from key HHS decisions could have dangerous consequences. Infection prevention experts, clinicians, and the broader healthcare community must have the opportunity to weigh in on policies affecting outbreak response, antimicrobial stewardship, and healthcare-associated infections. Silencing public input weakens our ability to adapt to emerging threats, reduces transparency in critical health initiatives, and erodes public trust in the government’s role in safeguarding public health.

“This change poses a serious risk for Infection Preventionists, who rely on transparent and evidence-based policymaking to safeguard patient safety and public health,” said APIC President, Dr. Carol McLay, DrPH, MPH, RN, CIC FAPIC, FSHEA. “The ability for healthcare professionals, patient advocates, and the general public to provide input on federal regulations is a cornerstone of responsible policymaking. Public participation ensures that regulations are shaped by those directly affected by them, incorporating real-world insights from the front lines of healthcare to drive better outcomes and improve patient care. Curtailing this process undermines trust and risks creating policies that fail to reflect the realities of patient care.

The moves by the administration stands in stark contrast to Secretary Kennedy’s repeated promises of “radical transparency.” Public input is not an obstacle; it is an essential to protect against uninformed policies, regulatory missteps, and failures in infection prevention and outbreak response.

APIC calls on the Department of Health and Human Services to immediately reverse this proposal and reaffirm their commitment to public participation and transparency in agency decision-making.