Guest guest Posted March 9, 2009 Report Share Posted March 9, 2009 > > >> >> This is being promoted by the federal government for all states. >> currently there is legislation pending in Nevada and New Mexico. >> other states are planning to follow suit. >> >> http://en.wikipedia.org/wiki/MSEHPA >> >> Model emergency health powers act >> The proposal has been criticized for what has been called a >> " sweeping reach " that could be abused by governments. >> The initial proposal was drafted at the behest of the Centers for >> Disease Control and Prevention by Lawrence O. Gostin, an attorney >> at the Washington, D.C., center, during the anthrax letter scare in >> fall 2001. It took him " three to four weeks' to do so, he said. >> The model act would revise some subjects covered by existing public >> health laws, such as reporting of contagious diseases, disposal of >> the dead, and quarantines. >> As of April 15, 2006, 32 states have introduced 92 legislative >> bills or resolutions that are based upon or feature provisions >> related to the articles or sections of the act. Of these bills, 37 >> had passed >> >> http://www.heritage.org/Research/HomelandSecurity/HL748.cfm >> >> It's called the Model State Emergency Health Powers Act. Those who >> have heard of it are far outnumbered by those who have not. >> The goal was to provide federal funds to states to encourage the >> enactment of legislation to prevent and detect bioterrorist attacks. >> It appears that this model legislation--formulated long before the >> terrorism of last fall--actually represents the promotion and >> expansion of a long-standing agenda >> It calls for giving state public health officials broad, new police >> powers--all in the name of controlling epidemics of infectious >> diseases during public health emergencies >> Furthermore, with an equally broad stroke, this model legislation >> defines " infectious disease " as " a disease caused by a living >> organism. " As drafted, the October 23, 2001, proposal stresses that >> " an infectious disease may or may not be transmissible from person >> to person, animal to person or insect to person. " Thus, any disease >> caused by a living organism could be classified as an infectious >> disease creating or invoking a public health emergency. >> >> Under the Model State Emergency Health Powers Act, upon the >> declaration of a " public health emergency, " governors and public >> health officials would be empowered to: >> Force individuals suspected of harboring an " infectious disease " to >> undergo medical examinations. >> Track and share an individual's personal health information, >> including genetic information. >> Force persons to be vaccinated, treated, or quarantined for >> infectious diseases. >> Mandate that all health care providers report all cases of persons >> who harbor any illness or health condition that may be caused by an >> epidemic or an infectious agent and might pose a " substantial risk " >> to a " significant number of people or cause a long-term >> disability. " (Note: Neither " substantial risk " nor " significant >> number " are defined in the draft.) >> Force pharmacists to report any unusual or any increased >> prescription rates that may be caused by epidemic diseases. >> Preempt existing state laws, rules and regulations, including those >> relating to privacy, medical licensure, and--this is key--property >> rights. >> Control public and private property during a public health >> emergency, including pharmaceutical manufacturing plants, nursing >> homes, other health care facilities, and communications devices. >> Mobilize all or any part of the " organized militia into service to >> the state to help enforce the state's orders. " >> Ration firearms, explosives, food, fuel and alcoholic beverages, >> among other commodities. >> Impose fines and penalties to enforce their orders. >> >> L. Creighton >> >> >> >> >> Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You are posting as a guest. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.