-Caveat Lector-

Many states reject bioterrorism law

Tue Jul 23, 8:38 AM ET

Mimi Hall USA TODAY

Nearly 10 months after anthrax attacks caused chaos among health officials
from Florida to New York, fewer than a third of the states have adopted laws
to give governors and state health officials powers to respond to a
bioterrorism attack or other public-health emergencies.

A model law developed for the federal Centers for Disease Control and
Prevention ( news - web sites) and provided to state legislatures last year
would give authorities the right to enforce quarantines, vaccinate people,
seize and destroy property without compensation, and ration medical supplies,
food and fuel in a public-health emergency.

Such laws are needed, federal officials say, because they give authorities
the guidance and legal ability to make quick decisions in an emergency
involving contagious or deadly pathogens.

Most state health emergency laws haven't been updated since polio ( news -
web sites) tore through the population a half-century ago.

''We have not used emergency powers in probably 50 years,'' says Gene
Matthews, a lawyer for the Department of Health and Human Services ( news -
web sites). ''This is something we need to attend to.''

But a broad coalition of opponents, ranging from civil libertarians to
conservative physicians, says the proposed law would violate individual
rights and give government too much power. Their objections have caused
lawmakers in some states to scuttle the bill.

The Model State Emergency Health Powers Act ''gives governors and state
health officials a blank check to impose the most draconian sorts of
measures,'' Barry Steinhardt of the American Civil Liberties Union ( news -
web sites) says. It's ''designed to bring quarantine and other laws into the
21st century, but in many ways it is a throwback.''

So far, 16 states and the District of Columbia have passed all or parts of
the model law. It has been rejected or stalled in 22 states.

In California, efforts to pass the law were shot down in April. Republican
Assemblyman Keith Richman, the bill's sponsor and the Legislature's only
physician, says lawmakers are ''already suffering from disaster amnesia. They
have their heads stuck in the sand.''

The act ''goes far beyond bioterrorism,'' says Andrew Schlafly of the
conservative Association of American Physicians and Surgeons. ''Unelected
state officials can force treatment or vaccination of citizens against the
advice of their doctors.''

But James Hodge of the Center for Law and the Public's Health at Georgetown
and Johns Hopkins universities, which drafted the law, says it would be used
only in extreme cases. He says he is encouraged that so many states have
adopted all or parts of the law.

''There's nothing in this act that's not constitutionally possible,'' Hodge
says.


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 -GW Bush during a photo-op with Congressional leaders on
12/18/2000.
As broadcast on CNN and available in transcript on their website
http://www.cnn.com/TRANSCRIPTS/0012/18/nd.01.html

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