Following the terrorist attacks on September 11, 2001, elected officials at the local, state and federal levels began assessing its ability to respond to major public emergencies, such as a bioterrorist attack or a viral pandemic. In response to that assessment, the federal government wrote model legislation granting public health powers to state and local authorities giving them the power to respond to a public health emergency crisis in the manner they deemed necessary. This Act is called the Model State Emergency Health Powers Act (MSEHPA).
State Legislatures Passing Forms of MSHPA
According to the Centers for Law and Public Health, the MSEPH has been introduced in whole or part through 171 bills or resolutions in forty-four (44) states, the District of Columbia, and the Northern Mariannas Islands. Thirty-eight (38) states [AL, AK, AZ, CA, CT, DE, FL, GA, HI, ID, IL, IN, IA, LA, ME, MD, MN, MO, MT, NV, NH, NJ, NM, NC, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WI, and WY] and DC have passed a total of 66 bills or resolutions that include provisions from or have verbiage that closely models the Act. [1]
State Legislatures Trumping the Constitution in Emergencies
While the stated purpose of the MSHPA is to provide care and assistance to injured or infected citizens of this country, opponents fear that state legislatures have purposely written in broad and vague language, opening up the door for government infringement on individual rights.
For example, in Arizona The American Association of Physicians and Surgeons has taken up a list of issues with the legislation passed in that state, including, but not limited to:
- Granting state governors and other officials the authority to practice medicine
- Unwarranted seizure of private property
- Enforcing public health directives at gun point or through military force
- Delicensure for health providers who refuse to cooperate with health officials
- Quarantine or imprisonment for citizens who refuse medical examination, even without proof of exposure or contamination
Each state listed above has its own version fo the MSHPA so the powers and authority granted to public officials will vary from state to state.
For more information about the Emergency Health Laws already passed in your state, see MSEPHA Legislative Activity page, which will provide specific House and Senate bills passed by each state legislature while summarizing the intent of each bill.
For more information on potential civil rights infringements, see Suspending Civil Rights During Swine Flu
References
1. The Centers for Law and Public Health. The Model State Emergency Health Powers Act (MSEHPA). June 3, 2008.
2. Orient, Jane M., MD. AAPS Analysis - Revised Draft of Model State Emergency Health Powers Act (Dec. 21) Still a Prescription for Tyranny. January 9, 2002
Julie Warrenfeltz - A graduate of the University of Pittsburgh in 1995 with a self-designed major in Technical Writing, I launched my career with a contract ...
