Model State Emergency Health Powers Act
Encyclopedia
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
.
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. http://www.publichealthlaw.net/MSEHPA/MSEHPA2.pdf
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.
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." http://jama.ama-assn.org/cgi/content/full/288/5/622 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.
Georgetown University
Georgetown University is a private, Jesuit, research university whose main campus is in the Georgetown neighborhood of Washington, D.C. Founded in 1789, it is the oldest Catholic university in the United States...
and Johns Hopkins University
Johns Hopkins University
The Johns Hopkins University, commonly referred to as Johns Hopkins, JHU, or simply Hopkins, is a private research university based in Baltimore, Maryland, United States...
, 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
Bioterrorism
Bioterrorism is terrorism involving the intentional release or dissemination of biological agents. These agents are bacteria, viruses, or toxins, and may be in a naturally occurring or a human-modified form. For the use of this method in warfare, see biological warfare.-Definition:According to the...
.
Draft
The initial proposal was drafted at the behest of the Centers for Disease Control and PreventionCenters for Disease Control and Prevention
The Centers for Disease Control and Prevention are a United States federal agency under the Department of Health and Human Services headquartered in Druid Hills, unincorporated DeKalb County, Georgia, in Greater Atlanta...
by Lawrence O. Gostin
Lawrence O. Gostin
Lawrence Oglethorpe Gostin is an American law professor who specializes in public health law. He is best known as the author of the Model State Emergency Health Powers Act and as a prolific contributor to journals on medicine and law.-Background:...
, an attorney at the Washington, D.C., center, during the anthrax
Anthrax
Anthrax is an acute disease caused by the bacterium Bacillus anthracis. Most forms of the disease are lethal, and it affects both humans and other animals...
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
National Governors Association
The National Governors Association , founded in 1908 as the National Governors' Conference, is funded primarily by state dues, federal grants and contracts and private contributions. NGA represents the governors of the fifty U.S. states and five U.S. territories The National Governors Association...
, the National Conference of State Legislatures
National Conference of State Legislatures
The National Conference of State Legislatures is a bipartisan non-governmental organization established in 1975 to serve the members and staff of state legislatures of the United States...
, the National Association of Attorneys General
National Association of Attorneys General
The National Association of Attorneys General is an organization of 56 state and territorial attorneys general in the United States...
, 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. http://www.publichealthlaw.net/MSEHPA/MSEHPA2.pdf
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 SurgeonsAssociation of American Physicians and Surgeons
The Association of American Physicians and Surgeons is a politically conservative American non-profit organization founded in 1943 to "fight socialized medicine and to fight the government takeover of medicine." The group was reported to have approximately 4,000 members in 2005, and 3,000 in...
claimed, and Phyllis Schlafly
Phyllis Schlafly
Phyllis McAlpin Stewart Schlafly is a Constitutional lawyer and an American politically conservative activist and author who founded the Eagle Forum. She is known for her opposition to modern feminism ideas and for her campaign against the proposed Equal Rights Amendment...
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
Influenza
Influenza, commonly referred to as the flu, is an infectious disease caused by RNA viruses of the family Orthomyxoviridae , that affects birds and mammals...
outbreak could qualify as an "emergency". The LAMBDA
Lambda
Lambda is the 11th letter of the Greek alphabet. In the system of Greek numerals lambda has a value of 30. Lambda is related to the Phoenician letter Lamed . Letters in other alphabets that stemmed from lambda include the Roman L and the Cyrillic letter El...
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." http://jama.ama-assn.org/cgi/content/full/288/5/622 This is one of the classic uses of the police power
Police power
In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants...
of a sovereign state.
George J. Annas, a lawyer at the Boston University
Boston University
Boston University is a private research university located in Boston, Massachusetts. With more than 4,000 faculty members and more than 31,000 students, Boston University is one of the largest private universities in the United States and one of Boston's largest employers...
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. http://www.publichealthlaw.net/Resources/ResourcesPDFs/MSPHA%20LegisTrack.pdfExternal 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