CDC's Model State Emergency Health Powers Act Goes Too Far

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Deon Masker

cConspiratology

Monday, December 10, 2001 1:45 AM

CDC's Model State Emergency Health Powers Act Goes Too Far

 

 

The noose tightens...

Charlene

 

 

PRESS RELEASES

Tuesday, December 4, 2001

 

CDC's Model State Emergency Health Powers Act Goes Too Far

 

St. Paul, Minnesota - To combat bioterrorism, federal health officials have

proposed that state legislators give state health officials new powers over

citizens. The powers proposed in the Model State Emergency Health Powers Act

would be broad and sweeping, forcing citizens to submit to physical

examinations, tests, quarantine and vaccinations against their will.

 

Some states, including Minnesota, are already considering enactment in 2002.

 

Citizens' Council on Health Care (CCHC) is concerned that the proposal would

provide intrusive authority for purposes far beyond bioterrorism. According

to press accounts, the writing of the Act began well before September 11th -

the day of the terrorist attack.

 

" Unfortunately, the terrorist attack and the public's new awareness of

bioterrorism have given public health officials new ammunition to advance

their pet projects of health care surveillance and mandatory vaccination, "

says Twila Brase, president of CCHC.

 

Of particular concern in the Act are the following provisions:

 

Broad Definitions

 

*A " public health emergency " can be declared not only for bioterrorism

attacks, but also for epidemics, pandemic disease or natural disasters.

 

*The terms " epidemic disease " , " pandemic disease " and " natural disaster " are

not defined, leaving public health officials ample room for their own

interpretation.

 

*There are no limits on the number or types of tests that can be performed

on

individuals, or on the bodily specimens that can be collected. DNA and

genetic testing are not excluded.

 

Loss of Civil Rights

 

Although due process is allowed, the Act permits state officials to identify

and train personnel to serve as " emergency judges " to deal with citizen

appeals of forced quarantine and isolation. Such training may be biased.

 

Citizens are required to submit to medical examinations, vaccinations, and

quarantine against their will if a public health emergency is declared.

 

Public health officials are given authority to " collect specimens and

perform

tests on any person " even if they are healthy with no history of exposure to

disease.

 

Health care professionals who refuse to provide forced medical examinations

or vaccinations can be charged with a misdemeanor.

 

Citizens who refuse to comply can be detained and charged with a

misdemeanor.

 

Police officers will be placed under the authority of health department

officials.

 

 

Medical Privacy Violations

 

Regular ongoing reporting of individual patients and purchase of medication

is required. Health care professionals, health care facilities, coroners,

medical examiners and pharmacists must provide information (name, date of

birth, sex, race, address, name of health care provider) to the state health

department if there is the " potential " for bioterrorism, epidemic or

pandemic

disease. No patient consent is required.

 

Broad access to patient medical records is permitted without patient consent

for research related to epidemics and infectious disease, including to

unnamed " appropriate federal agencies or authorities. " There are no

requirements that the individually- identifiable data will be deleted, or

not

used or shared for other purposes, once the public health emergency order is

terminated.

 

 

State Control

 

*Public health officials can assume control of hospital and clinic

operations.

 

*State control of communication facilities, food distribution, fuel supply,

and real estate is authorized.

 

*State rationing of food, fuel, clothing, alcohol, firearms, and other

commodities is authorized.

 

The Model State Emergency Health Powers Act, prepared for the Centers for

Disease Control and Prevention, was written by Lawrence O. Gostin, J.D.,

Professor and Director of the Center for Law and the Public's Health at

Georgetown University Law Center. It is meant to provide a template for

state

legislation. A draft version of the Act was released October 23, 2001.

 

 

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Citizens' Council on Health Care is a non-profit 501©3 independent

national

health care policy organization based in St. Paul, Minnesota

 

 

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