Model State Emergency Health Powers Act

The Model State Emergency Health Powers Act (MSEHPA) is a proposal by the Center for Law and the Public's Health, a joint venture of Georgetown University and Johns Hopkins University, to aid America's state legislatures in revising their public health laws to, as proponents put it, more effectively control epidemics and respond to bioterrorism.

Draft

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 draft, dated October 23, 2001, was produced by Gostin without consultation from any of the various groups he listed on the title page as being "in collaboration with", namely, the National Governors Association, the National Conference of State Legislatures, the National Association of Attorneys General, the Association of State and Territorial Health Officials, and the National Association of City and County Health Officials. The claim of collaboration was an error, and a later version, dated December 21, 2001, made the revised statement on its title page that the law was a "draft for discussion … to assist" those organizations. [1]

Model act

The model act subsequently came under the aegis of the Turning Point National Collaborative on Public Health Statute Modernization to revise state health laws. On September 16, 2003, a third draft of the law was issued. On June 15, 2004 it won the 2004 Distinguished Achievement in Public Health Law Award from the Public Health Law Association.

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.

Criticism

Critics said, however, that it did so in such sweeping language that it "could turn governors into dictators" as the Association of American Physicians and Surgeons claimed, and Phyllis Schlafly called it "an unprecedented assault on the constitutional rights of the American people."

The very definition of a "public health emergency," which triggered the law's provisions, critics said, was so broad that an influenza outbreak could qualify as an "emergency". The LAMBDA Legal Defense and Education Fund feared it could lead to imprisonment of those with AIDS.

But attorneys Jason W. Sapsin, Stephen P. Teret; Scott Burris, Julie Samia Mair, James G. Hodge Jr, Jon S. Vernick and Gostin wrote in an article in the August 2002 issue of the Journal of the American Medical Assn., that "Provided those powers are bounded by legal safeguards, individuals should be required to yield some of their autonomy, liberty, or property to protect the health and security of the community." [2] This is one of the classic uses of the police power of a sovereign state.

George J. Annas, a lawyer at the Boston University School of Public Health and the MSEHPA's leading critic, said: "The Model Act seems to have been drafted for a different age; it is more appropriate for the United States of the 19th century than for the United States of the 21st century." Annas said the law was unconstitutional.

Current status

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. [3]

References

• George J. Annas. "Bioterrorism and Public Health Law" (letter). Journal of the American Medical Association. vol. 288 n. 21. December 4, 2002. 2685-2686.
• George J. Annas. "Bioterrorism, Public Health, and Civil Liberties." New England Journal of Medicine. vol. 346, no. 17. April 25, 2002. 1337-1341. (Letters responding in vol. 347, no. 1, September 12, 2002.)
• George J. Annas. "Terrorism and Human Rights" In In the Wake of Terror: Medicine and Morality in a Time of Crisis. Jonathan D. Moreno, editor. Basic Bioethics Series. Cambridge, Massachusetts: The MIT Press, 2003.
• Joseph Barbera, Anthony Macintyre, Larry Gostin, Tom Inglesby, Tara O'Toole, Craig DeAttey, Kevin Tonat, and Marti Layton. "Large-scale Quarantine Following Biological Terrorism in the United States: Scientific Examination, Logistics, and Legal Leimits and Possible Consequences." Journal of the American Medical Association. vol. 286, no. 21. December 5, 2001. 2711-2717.
• Ronald Bayer and James Colgrove. "Rights and Dangers: Bioterrorism and the Ideolgies and Public Health." In In the Wake of Terror: Medicine and Morality in a Time of Crisis. Jonathan D. Moreno, editor. Basic Bioethics Series. Cambridge, Massachusetts: The MIT Press, 2003.
• John M. Colmers and Daniel M. Fox. "The Politics of Emergency Health Powers and the Isolation of Public Health." American Journal of Public Health. vol. 93, no. 3. March 2003. 397-399.
• Larry Copeland. "CDC Proposes Bioterrorism Laws." USA Today. November 8, 2001. 3A.
• Janlori Goldman. "Balancing in a Crisis?: Bioterrorism, Public Health, and Privacy." In Lost Liberties: Ashcroft and the Assault on Personal Freedom. Cynthia Brown, editor. New York: The New Press, 2003.
• Lawrence O. Gostin. "Law and Ethics in a Public Health Emergency." Hastings Center Report. vol. 32, no. 2. March-April 2002. 9-11.
• Lawrence O. Gostin, Jason W. Sapsin, Stephen P. Teret, Scott Burris, Julie Samia Mair, James G. Hodge, Jr., and Jon S. Vernick. "The Model State Emergency Powers Act: Planning for and Response to Bioterrorism and Naturally Occurring Infectious Diseases." Journal of the American Medical Association. vol. 288, no. 5. August 7, 2002. 622-628.
• Lawrence O. Gostin and James G. Hodge, Jr. "Protecting the Public's Health in an Era of Bioterrorism." In In the Wake of Terror: Medicine and Morality in a Time of Crisis. Jonathan D. Moreno, editor. Basic Bioethics Series. Cambridge, Massachusetts: The MIT Press, 2003.
• Lawrence O. Gostin and James G. Hodge, Jr. "Public Health Emergencies and Legal Reform: Implications for Public Health Policy and Practice." Public Health Reports. vol. 118, no. 5. September-October 2003. 477-479.
• Lawrence O. Gostin. "Public Health Law in an Age of Terrorism: Rethinking Individual Rights and Common Goods." Health Affairs (Millwood). vol. 21, no. 6. November-December 2002. 79-83.
• "Legislation would let governors quarantine entire cities." Knight Ridder News Service. November 7, 2001.
• Sharon Lerner. "A New Health-Emergency Law Raises Concerns for the Immune Compromised: Round Up the Unusual Suspects". The Village Voice. January 2, 2002.
• William Martin. "Legal and Public Policy Responses of States to Bioterrorism." American Journal of Public Health. Vol.94, Iss. 7. July 2004. 1093
• Thomas May. "Political Authority in a Bioterrorism Emergency." Journal of Law, Medicine, and Bioethics. vol. 31, no. 1. Spring 2004. 159-164.
• Jane M. Orient. "Bioterrorism and Public Health Law" (letter). Journal of the American Medical Association. vol. 288 n. 21. December 4, 2002. 2686.
• "Outside Experts: Lawrence O. Gostin." Government Executive. February 2004. 110.

External links

• The Center for Law and the Public's Health site
• Turning Point site, but no page..
• Text of the original draft of MSEPHA in PDF format
• Text of the revised MSEHPA in PDF format
• Text of the third draft of the MSEHPA in PDF format
• Criticism from the conservative Heritage Foundation
• Criticism from doctors