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  • The Model State Emergency Health Powers Act (MSEHPA)

    The Model State Emergency Health Powers Act (MSEHPA) pdf

    Within weeks after the tragic events of Sept. 11, 2001, the Centers for Disease Control and Prevention (CDC) began promoting health policy legislation that dramatically suspends civil rights during declared state of biological emergency. The text of the “Model State Emergency Health Powers Act (MSEHPA)” gives public health officials and governors of the several states the power to arrest, transport, quarantine, drug and vaccinate anyone suspected of carrying a potentially infectious disease. The Boston Globe originally broke the October 31, 2001. The story was almost immediately forwarded to medical freedom activists throughout the country who responded en masse in outspoken opposition to the proposal. The article was quickly removed from The Globe’s website.
    The 40-page MSEHPA was authored by Lawrence O. Gostin and James G. Hodge of the Center for Law and the Public’s Health at Georgetown and Johns Hopkins universities.

    While stating that their proposal considered the “civil rights of the individual,” the appeals process described in the text describes the nearly absolute powers of public health authorities to detain people against their will and force them to submit to whatever medical intervention deemed appropriate by authorities. The process gives little hope that the individual will prevail in an appeal and that he will continue to be detained throughout the process.

    Unless intentional harm can be proven, the proposal states, “Neither the state, its political subdivisions, including the governor, public health authorities, the police, or other state officials, [will be held liable for] the death or injury to persons, or damage to property, as a result of complying with, or attempting to comply with this Act or any rules promulgated pursuant to this Act.”

    Then Department of Human and Health Services Secretary Tommy Thompson acknowledged existence of the CDC model. He said, “We need not only a strong health infrastructure and a full stockpile of medical resources, but also the legal and emergency tools to help our citizens quickly.”
    Under the proposed law, one case of smallpox or swine flu in a public school could trigger authorities to urge a governor to declare a state of emergency. Once such is declared, the U.S. Constitution, Bill of Rights and most cherished civil liberties will be immediately suspended in addition to states being empowered to take immediate possession of private property under the doctrine of eminent domain.

    Under Section 406 of the proposal under the heading, “Compensation,” it is explained that, “Compensation shall not be provided for facilities or materials that are closed, evacuated, decontaminated, or destroyed when there is reasonable cause to believe that they may endanger the public health…”

    Under the “Mandatory Medical Examinations” section (502) of the law, persons refusing to submit to medical examinations and/or testing are liable for misdemeanors and forced isolation. If public health authorities suspect individuals may have been exposed to broadly defined infectious diseases, or otherwise pose a risk to public health, officials may issue detainment orders. In the case of an urban attack, or even one suspected, possibly thousands of people could be marshaled into isolation camps, according to the law. In this case, physicians, assisted by police, will be required to perform state medical examinations and tests....cont'd


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