posted on Aug, 27 2009 @ 07:00 PM
Found this article while surfing the internet.
Model State Emergency Health Powers Act (MSEHPA)
Public Health Crisis Legislation or Civil Liberty Infringement?
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.
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
Could this be used to circumvent our rights if Swine Flu mutates into a more lethal strain?
[edit on 8/27/2009 by Tentickles]