The Model State Emergency Health Powers Act (MSEHPA) is a public health act originally drafted by the
Centers for Disease Control and Prevention
The Centers for Disease Control and Prevention (CDC) is the National public health institutes, national public health agency of the United States. It is a Federal agencies of the United States, United States federal agency under the United S ...
to aid the United States' state legislatures in revising their
public health law
Public health law examines the authority of the government at various jurisdictional levels to improve public health, the health of the general population within societal limits and norms. Public health law focuses on the duties of the governmen ...
s to control
epidemic
An epidemic (from Greek ἐπί ''epi'' "upon or above" and δῆμος ''demos'' "people") is the rapid spread of disease to a large number of hosts in a given population within a short period of time. For example, in meningococcal infection ...
s and respond to
bioterrorism
Bioterrorism is terrorism involving the intentional release or dissemination of biological agents. These agents include bacteria, viruses, insects, fungi, and/or their toxins, and may be in a naturally occurring or a human-modified form, in mu ...
.
The CDC's draft was revised by the Center for Law and the Public's Health, a collaboration between
Georgetown University
Georgetown University is a private university, private Jesuit research university in Washington, D.C., United States. Founded by Bishop John Carroll (archbishop of Baltimore), John Carroll in 1789, it is the oldest Catholic higher education, Ca ...
and
Johns Hopkins University
The Johns Hopkins University (often abbreviated as Johns Hopkins, Hopkins, or JHU) is a private university, private research university in Baltimore, Maryland, United States. Founded in 1876 based on the European research institution model, J ...
. By December 21, 2001, the act was released to state legislatures for review and approval.
Critics immediately charged that the MSEHPA failed to protect the general public from abuses arising from the tremendous powers it would grant individual states in an emergency. The MSEHPA provisions also went beyond the scope of addressing bioterrorism while disregarding
medical privacy standards. As of August 1, 2011, forty states have passed various forms of MSEHPA legislation.
Draft
The initial public health emergency proposal was drafted by the CDC in 1999. Still in the CDC's draft form,
Lawrence O. Gostin, an attorney and professor at Georgetown University in
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
began reworking the document during the
anthrax letter attacks in 2001, using funds provided by the CDC. Gostin's produced a preliminary draft on October 23, before releasing a second draft in December 2001. Gostin stated that it took him three to four weeks to prepare the act.
The preliminary draft named the
National Governors Association
The National Governors Association (NGA) is an American Politics of the United States, political organization founded in 1908. The association's members are the governors of the 55 U.S. state, states, Territories of the United States, territories ...
, the
National Conference of State Legislatures
The National Conference of State Legislatures (NCSL), established in 1975, is a "nonpartisan public officials' association composed of sitting state legislators" from the states, territories and commonwealths of the United States.
Background ...
, the
National Association of Attorneys General
The National Association of Attorneys General (NAAG) is a 501(c)(3) nonprofit organization of state and territory attorneys general in the United States which therefore means that the United States Attorney General in the federal government is n ...
, the
Association of State and Territorial Health Officials, and the
National Association of County and City Health Officials
The National Association of County and City Health Officials (NACCHO) is a Washington, D.C.–based organization. These departments work to promote health and well-being for people through programs and services.
Purpose
NACCHO provides leadershi ...
as collaborators without Gostin contacting them. The second draft, dated December 21, 2001, made the revised statement on its title page that the law was a "draft for discussion … to assist" those organizations.
Criticism
The
Association of American Physicians and Surgeons
The Association of American Physicians and Surgeons (AAPS) is a Conservatism in the United States, politically conservative non-profit association that promotes conspiracy theories and Pseudoscience, medical misinformation, such as HIV/AIDS deni ...
claimed that the draft used sweeping language to the extent that it "could turn governors into dictators" since the MSEHPA gave governors the authority to declare public health emergencies, and afterward force vaccinations on the general public without their informed consent. The deployment of state National Guards could be used to administer the vaccines or substances. Legal liabilities for drug companies which manufactured the vaccines and/or substances were removed. ACT-UP/San Francisco protested the MSEHPA, stating it was a potential assault on gay men who could be rounded up en masse as vectors of disease, and the leaders of ACT-UP were jailed for three months on anti-terrorism charges for their protest.
In 2002, the public strongly criticized
[A Capitol Hill Mystery: Who Aided Drug Maker? https://www.nytimes.com/2002/11/29/us/a-capitol-hill-mystery-who-aided-drug-maker.html] a similar but federal version of MSEHPA, folded into Section 304 of the
Homeland Security Act
The Homeland Security Act (HSA) of 2002 () was introduced in the aftermath of the September 11 attacks and subsequent mailings of anthrax spores. The HSA was cosponsored by 118 members of Congress. The act passed the U.S. Senate by a vote of 9 ...
. Of concern was
Sidney Taurel's seat on the
Homeland Security Advisory Council and his influence in creating what was commonly referred to as the
Lilly Rider, those HSA provisions which protected
Eli Lilly and Company
Eli Lilly and Company, Trade name, doing business as Lilly, is an American multinational Medication, pharmaceutical company headquartered in Indianapolis, Indiana, with offices in 18 countries. Its products are sold in approximately 125 count ...
and other drug manufacturers against legal liabilities. The primary difference between HSA provisions and MSEHPA provisions was that traditional state control of public health concerns was removed and replaced by federal health department control. The
Department of Homeland Security
The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior, home, or public security ministries in other countries. Its missions invol ...
would declare public health emergencies instead of governors, and be responsible for enacting forced vaccinations without informed consent. The HSA was passed by Congress, but Section 304 was struck from the bill in 2003.
Phyllis Schlafly called the MSEHPA "an unprecedented assault on the constitutional rights of the American people."
Defence
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."
Current status
As of 2007, 33 states had introduced 133 legislative bills or resolutions that were based upon or featured provisions related to the articles or sections of the act. Of these, 48 had passed.
References
*
George J. Annas. "Bioterrorism and Public Health Law" (letter). ''
Journal of the American Medical Association
''JAMA'' (''The Journal of the American Medical Association'') is a peer-reviewed medical journal published 48 times a year by the American Medical Association. It publishes original research, reviews, and editorials covering all aspects of ...
.'' vol. 288 n. 21. December 4, 2002. 2685-2686.
*George J. Annas. "Bioterrorism, Public Health, and Civil Liberties." ''
New England Journal of Medicine
''The New England Journal of Medicine'' (''NEJM'') is a weekly medical journal published by the Massachusetts Medical Society. Founded in 1812, the journal is among the most prestigious peer-reviewed medical journals. Its 2023 impact factor was ...
''. vol. 346, no. 17. April 25, 2002. 1337-1341. (Letters responding in vol. 347, no. 1, September 12, 2002.)
*George J. Annas. "Terrorism and Human Rights" In ''In the Wake of Terror: Medicine and Morality in a Time of Crisis.''
Jonathan D. Moreno, editor. '' Basic Bioethics Series''.
Cambridge
Cambridge ( ) is a List of cities in the United Kingdom, city and non-metropolitan district in the county of Cambridgeshire, England. It is the county town of Cambridgeshire and is located on the River Cam, north of London. As of the 2021 Unit ...
,
Massachusetts
Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
: The MIT Press, 2003.
*
Joseph Barbera
Joseph Roland Barbera ( ; ; March 24, 1911 – December 18, 2006) was an American animator and cartoonist, best known as the co-founder of the animation studio Hanna-Barbera.
Born to Italian Americans, Italian immigrants in New York City, Bar ...
,
Anthony Macintyre,
Larry Gostin,
Tom Inglesby,
Tara O'Toole,
Craig DeAttey,
Kevin Tonat, and
Marti Layton. "Large-scale Quarantine Following Biological Terrorism in the United States: Scientific Examination, Logistics, and Legal Leimits and Possible Consequences." '' Journal of the American Medical Association.'' vol. 286, no. 21. December 5, 2001. 2711-2717.
*
Ronald Bayer and
James Colgrove. "Rights and Dangers: Bioterrorism and the Ideolgies and Public Health." In ''In the Wake of Terror: Medicine and Morality in a Time of Crisis.'' Jonathan D. Moreno, editor. '' Basic Bioethics Series''. Cambridge, Massachusetts: The MIT Press, 2003.
*
John M. Colmers and
Daniel M. Fox. "The Politics of Emergency Health Powers and the Isolation of Public Health." ''
American Journal of Public Health
The ''American Journal of Public Health'' is a monthly peer-reviewed public health journal published by the American Public Health Association that covers health policy and public health. The journal was established in 1911 and its stated mission ...
.'' vol. 93, no. 3. March 2003. 397-399.
*Larry Copeland. "CDC Proposes Bioterrorism Laws." ''USA Today.'' November 8, 2001. 3A.
*
Janlori Goldman. "Balancing in a Crisis?: Bioterrorism, Public Health, and Privacy." In ''Lost Liberties: Ashcroft and the Assault on Personal Freedom. '' Cynthia Brown, editor. New York: The New Press, 2003.
*
Lawrence O. Gostin. "Law and Ethics in a Public Health Emergency." ''Hastings Center Report.'' vol. 32, no. 2. March–April 2002. 9-11.
*Lawrence O. Gostin,
Jason W. Sapsin,
Stephen P. Teret,
Scott Burris,
Julie Samia Mair,
James G. Hodge, Jr., and
Jon S. Vernick. "The Model State Emergency Powers Act: Planning for and Response to Bioterrorism and Naturally Occurring Infectious Diseases." '' Journal of the American Medical Association.'' vol. 288, no. 5. August 7, 2002. 622-628.
*Lawrence O. Gostin and James G. Hodge, Jr. "Protecting the Public's Health in an Era of Bioterrorism." In ''In the Wake of Terror: Medicine and Morality in a Time of Crisis.'' Jonathan D. Moreno, editor. ''Basic Bioethics Series''. Cambridge, Massachusetts: The MIT Press, 2003.
*Lawrence O. Gostin and James G. Hodge, Jr. "Public Health Emergencies and Legal Reform: Implications for Public Health Policy and Practice." '' Public Health Reports''. vol. 118, no. 5. September–October 2003. 477-479.
*Lawrence O. Gostin. "Public Health Law in an Age of Terrorism: Rethinking Individual Rights and Common Goods." ''Health Affairs.'' vol. 21, no. 6. November–December 2002. 79-83.
*"Legislation would let governors quarantine entire cities." Knight Ridder News Service. November 7, 2001.
* Sharon Lerner. "A New Health-Emergency Law Raises Concerns for the Immune Compromised: Round Up the Unusual Suspects". ''The
Village Voice
''The Village Voice'' is an American news and culture publication based in Greenwich Village, New York City, known for being the country's first alternative newsweekly. Founded in 1955 by Dan Wolf, Ed Fancher, John Wilcock, and Norman Ma ...
.'' January 2, 2002.
*William Martin. "Legal and Public Policy Responses of States to Bioterrorism." ''American Journal of Public Health.'' Vol.94, Iss. 7. July 2004. 1093
*
Thomas May. "Political Authority in a Bioterrorism Emergency." ''Journal of Law, Medicine, and Bioethics.'' vol. 31, no. 1. Spring 2004. 159-164.
*
Jane M. Orient. "Bioterrorism and Public Health Law" (letter). '' Journal of the American Medical Association.'' vol. 288 n. 21. December 4, 2002. 2686.
*"Outside Experts: Lawrence O. Gostin." ''
Government Executive
''Government Executive'' is an American media publication based in Washington, D.C., that covers daily government business for civilians, federal bureaucrats, and military officials. ''Government Executive'' is part of GovExec, which is owned ...
''. February 2004. 110.
External links
The Center for Law and the Public's Health siteText of the original draft of MSEPHA in PDF formatText of the revised MSEHPA in PDF format*{{unfit,
Criticism from the conservative Heritage Foundation}
Health policy in the United States
Uniform Acts