Petition: New State Medical Police Powers Proposed

[Guest guest]

-

 

Friday, January 11, 2002 7:55 PM

Fw: MEHPA

 

 

Here is the message I sent to several state departments. I took my name off of

the bottom of the letter. I have added the places you can find e-mail addresses.

 

Mandatory Vaccination and Treatment for

" Infectious Diseases "

December 3, 2001

 

In the wake of the September 11 terrorism, the U.S. Centers for Disease Control

and Prevention (CDC) has proposed unprecedented emergency medical legislation

for the states. If enacted, " The Model State Emergency Health Powers Act " would

grant governors and public-health authorities broad powers to impose medical

treatment on citizens.

 

The model bill goes much further than national defense and bioterrorism and

gives state public-health officials new police powers to control epidemics of

" infectious diseases. "

 

" Infectious Diseases " Defined

Under the proposed legislation, the term " infectious disease " is defined as " a

disease caused by a living organism. " The draft bill states, " An infectious

disease may, or may not, be transmissible from person to person, animal to

person, or insect to person. " [emphasis added]

New State Medical Police Powers Proposed

In addition to granting governors and state public-health officials new police

powers to protect Americans against bioterrorist attacks, the proposed

legislation also would grant them the authority to:

a.. Force individuals suspected of harboring an " infectious disease " to

undergo medical examinations;

b.. Track and share individuals' personal health information, including blood

and body tissue samples (genetic information) as well as the names and addresses

of persons whom the " infectious " person may have contracted the disease from or

may have spread it to;

c.. Force persons to be vaccinated, treated, or quarantined for infectious

diseases;

d.. Mandate all health-care providers to report all cases of persons who

harbor any illness or health condition that may be caused by an epidemic or

infectious agent and might pose a " substantial risk " to a " significant number "

of people or cause long-term disability (note: " substantial risk " and

" significant number " are not defined);

e.. Force pharmacists to report any " unusual or increased prescription rates "

that may be caused by epidemic diseases;

f.. Declare a " state of public health emergency " and consequently preempt

existing state laws, rules, and regulations (including privacy, medical

licensing, and property-rights laws, rules, and regulations);

g.. Control public and private property (including pharmaceutical

manufacturing plants, nursing homes, other health-care facilities, communication

devices, and food). The state would be required to pay " just compensation " to

any owner of facilities or materials;

h.. Mobilize all or any part of the " organized militia into service to the

State " to help enforce the state orders;

i.. Ration firearms, explosives, combustibles, food, fuel, and alcoholic

beverages; and

j.. Impose fines and penalties to enforce the state and public-health

authorities' orders.

Authority Without Liability?

While granting these incredibly broad police powers to public-health

authorities, the proposed legislation would exempt from liability those carrying

out the orders (except if they acted with gross negligence or willful

misconduct).

The proposed model legislation was prepared for the CDC by the Center for Law

and the Public's Health at Georgetown and Johns Hopkins Universities. The

preamble to the October 23 draft legislation notes that: " In the wake of the

tragic events of September 11, 2001, our nation has come to the realization that

the government's foremost responsibility is to protect the health, safety, and

well being of its citizens. New and emerging dangers--including emergent and

resurgent infectious diseases and incidents of civilian mass casualties--pose

serious and immediate threats to the population. A renewed focus on the

prevention, detection, management, and containment of public health emergencies

is thus called for.... The exercise of emergency health powers is designed to

promote the common good. "

 

The proposed legislation goes on to claim that " The rights of people to liberty,

bodily integrity, and privacy must be respected to the fullest extent possible

consistent with the overriding importance of the public's health and

security.... This Act is necessary to protect the health and safety of the

citizens of this State. "

 

What Can Concerned Citizens Do?

Alert citizens who are concerned about the proposed legislation should contact

their state officials (governors, representatives, and senators), attorneys

general, and local officials (city or town and county officials). The addresses

for these officials are available at local public libraries or on the Internet.

They should also contact U.S. Health and Human Services Secretary Tommy Thompson

(see contact information below).

 

Additional Groups Working on " The Model State Emergency Health Powers Act "

The CDC and public-health academicians are working with the following

organizations to get " The Model State Emergency Health Powers Act " passed in

states across the country:

a.. National Governors Association,

b.. National Conference of State Legislatures,

c.. Nat. Assoc. of State and Territorial Health Officials,

d.. Nat. Assoc. of City and County Health Officers, and

e.. National Association of Attorneys General.

Concerned citizens might also want to voice their concerns with officials from

these groups representing their city/town, county and state. Contact information

is provided in below. Finally, you can view " The Model State Emergency Health

Powers Act " in its entirety at the following Web site: www.publichealthlaw.net.

Contact Information for Groups Working on " The Model State Emergency Health

Powers Act "

U.S. Department of Health and Human Services

www.hhs.gov

Tel: (877) 696-6775 (Washington, DC)

 

National Governors Association

www.nga.org

Tel: (202) 624-5300 (Washington, DC)

 

National Association of Attorneys General

www.naag.org

Tel: (202) 326-6000 (Washington, DC)

 

This article was originally published in the November/December 2001 issue

of Health Freedom Watch, the bimonthly watchdog report published by the

Institute for Health Freedom.

 

 

 

Sign Petition Against Model Legislation - 11/30/2001 This goes to President

Bush.

 

 

Sample letter sent by a concerned citizen to their governor, state general

attorney and U.S. Department of Health & Human Services.

You may copy this letter and send to your government officials.

 

Concerns about the MEHPA legislation.

 

I am alarmed and ashamed of anyone that would approach the health issues that

are in the Model Emergency Health Power Act in this kind of legislation.

Terrorist and their acts have always been with us and will always be with us.

You cannot mandate something this broad that affects so much of our lives and

freedoms with this kind of legislation. There is always another way when truth

is used in formulating a plan.

What is the reason for mandating vaccination for everyone. If a few people

decided not to get the vaccination then what is the problem? If most people have

the vaccinations then how could you possible have a problem, unless vaccinations

don't work and then why would you want everyone to have them?

There are things in this bill that don't make sense to me and others. Probably

also some of you in state government.

What this act will be doing will affect your families and their children for a

long time to come. I can't imagine you would want that on your consciousness.

But power and fear plays a big part in our government agencies today.

Signed: