[Ip-health] Emergency Public Health Legislation

[Ken Harvey]

CDC Commissions Model Legislation Allowing States to 'Force' Medication,
Quarantine Patients Posing Public Health Threat =20

Kaiser Network reports:
http://www.kaisernetwork.org/daily_reports/rep_hpolicy.cfm

Model legislation commissioned by the CDC and released yesterday would
give states "broad" emergency powers in the event of a large-scale
bioterrorist attack. This includes the purchase of as many drugs as they
see fit, rationing them without getting approval from other branches of
government, the authority to force patients to take medications and
"seize" hospitals, other property and "communication devices" they
believe are "necessary to stop a biological attack from killing huge
numbers of people.......

The proposal aims to "assist states that are considering new emergency
public health legislation".

The model legislation, written by public health and law specialists at
Johns Hopkins and Georgetown universities, was commissioned before Sept.
11 but placed on a "fast track" after the attacks on the World Trade
Center and the Pentagon and the subsequent anthrax cases.=20

Under the model legislation, which could be triggered by  governors in
the event of an emergency, states could: Quarantine or isolate people
who are infected with a contagious disease. The patient would have the
right to appeal the decision, but would remain under quarantine  until
the appeals process was completed. Force individuals to take medicines
or receive vaccines. Purchase as many drugs as they see fit and ration
them without getting approval from other branches of government.
"[S]eize" hospitals, other property and "communication devices" they
believe are "necessary to stop a biological  attack from killing huge
numbers of people......."

For comprehensive public health information from the CDC please visit
www.bt.cdc.gov.

- CDC Washington Office: Legislative: 106th Congress: S2731 - 10-06-2001

       http://www.cdc.gov/washington/legislative/bills106/s2731.htm
       Summary: This bill amends title III of the Public Health Service
Act to enhance U.S. capacity to address public health
       threats and emergencies, such as diseases that present a public
health emergency, significant outbreaks of infectious
       diseases or bioterrorist attacks.
- CDC Washington Office: Legislative: Summary: HR 910 - 10-27-2001=20
       http://www.cdc.gov/washington/legislative/HR910.htm
       Summary: Amends the Public Health Service Act, as amended by
Public Law106-505.=20

From: Equidad, Salud y Desarrollo. Divisi=F3n de Salud y Desarrollo =
Humano
(HDP) [mailto:EQUIDAD@LISTSERV.PAHO.ORG] On Behalf Of Ruggiero, Mrs. Ana
Lucia (WDC)
Sent: Thursday, 1 November 2001 4:37 AM
To: EQUIDAD@LISTSERV.PAHO.ORG
Subject: Updates: Emergency Public Health Legislation

PAHO/WHO Website:
http://www.paho.org/English/HDP/equidad-list-about.htm
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Via
-----------------------
Dr. Ken Harvey
Senior Lecturer, School of Public Health
Room 221, Building HS1 (NW9),
La Trobe University, Bundoora, 3086, Australia,=20
Telephone +61 3 9479 5773, Facsimile +61 3 9479 1783, Personal mobile
0419 181910,
Internet: http://www-sph.health.latrobe.edu.au/kharvey/