This article from the Heritage Foundation was from 2002. Anyone know what happened to the proposal? Even if it failed, it lays the groundwork for what could be enacted.

Forget the curtailing of freedoms that Bush, et al has imposed without a crisis, this is draconian. Not saying if it’s bad enough this won’t be needed…

A number of people have asked me what health freedom could possibly have to do with homeland security. Let me assure you that there is a major connection. It’s called the Model State Emergency Health Powers Act. Those who have heard of it are far outnumbered by those who have not. And, as proposed, [it] will impact our individual freedoms and civil liberties for years to come.

[..]once a public health emergency is declared, governors and state public health authorities would be granted greatly expanded police powers. [..] Under the Model State Emergency Health Powers Act, upon the declaration of a “public health emergency,” governors and public health officials would be empowered to:
1. Force individuals suspected of harboring an “infectious disease” to undergo medical examinations.
2. Track and share an individual’s personal health information, including genetic information.
3. Force persons to be vaccinated, treated, or quarantined for infectious diseases.
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8. Mobilize all or any part of the “organized militia into service to the state to help enforce the state’s orders.”
9. Ration firearms, explosives, food, fuel and alcoholic beverages, among other commodities.
10. Impose fines and penalties to enforce their orders.

What does this mean in practicality?

First, it means that a doctor, who might be opposed to abortion, would be forced by law during a public health emergency to administer a vaccine derived from fetal tissue. This legislation lays the groundwork for such a provision, and it clearly and absolutely infringes on doctors’ and other health care providers’ freedom of conscience.

Second, it means each of us as individuals is affected. Patients would not be able to refuse these treatments. Whether state exemptions–those granted for religious or philosophical reasons regarding selected vaccines or types of treatments–would remain in effect or not remains unclear.



  1. Scott Gant says:

    We need Dustin Hoffman and Cuba Gooding Jr. to fly a helicopter in front of the C-130 so it can’t drop a big bomb on top of a quarantined town.

    Or did no one else see that movie?

  2. gquaglia says:

    I don’t see a problem with this. Everything that was mentioned seem logical and for the greater good. Forcing infected people to seek medical treatment, instead of having them roaming the country side spreading the disease – no problem there. Organize milita to enforce the Governor’ orders – again no problem, thats what they do in times of emergency and under marital law. Forcing a DR to give a vacc that is derived from fetal tissue, give me a break, if it cures or prevents the disease, too fucking bad, its for the greater good and may prevent thousands from dying.

    In times of great emergency, some freedoms will have to be suspended, its just the way that it is. You DONT have the right to say fuck you US Government and refuse treatment, infect others and not expect your movements to be tracked. If you do then FUCK you move to Africa or some other 3rd world counrty and spread your disease there. Or maybe yet the local warlord may just execute you instead.

  3. Christopher says:

    Wow, quite an alarmist posting! First of all, remind me again where in the constitution it guarantees “Freedom of Conscience.” Secondly, let me remind you that individuals would be able to refuse treatment and would instead simply be quarantined. Also, of course, remember that all of these powers are granted solely for the purposes of maintaining public safety and eliminating a epidemic or theat thereof.

    It’s not as if the Governor is simply going to declare the state a Medical Emergency area and then go around telling every one “an individual’s personal health information, including genetic information.”

    I mean, come on. The power to declare Martial Law has been around for centuries and we still live in a democracy rather than a milatary police state.

  4. Mr. Fusion says:

    This just sensationalism. The article is agenda driven. As soon as I got to the paragraph that derided the proposal because one of the authors had also worked on a proposal for Hillary Clinton I stopped reading. If you start your argument by denigrating the authors instead of the substance then you loose.

    All these proposals seem legitimate. All of this is for the Public Good. As suggested above, who wants another Typhoid Mary running around. If you don’t care to use drugs obtained from fetal tissue then fine, you could always try grave digging, we might need them. And it doesn’t require using fetal tissue.

  5. Lou says:

    I agree with Christopher… I see nothing wrong with planning for worst case scenarios, and as long as their are built in mechanisms to appeal one’s situation, I’m OK…

    On a side, but related note, remember when FEMA was at the center of all US government conspiracy theories concerning martial law and the like? Ah, we were so innocent!

  6. Ken D says:

    A severe enough epidemic would force drastic measures, Model Law or no Model Law. But the FIRST concern here is that “a doctor, who might be opposed to abortion, would be forced by law during a public health emergency to administer a vaccine derived from fetal tissue”? Some people have truly remarkable priorities.

  7. Mike Drips says:

    You all do realize that the primary stockholder in the drug company that makes the avian flu vaccine is Donald Rumsfield?

  8. gquaglia says:

    “You all do realize that the primary stockholder in the drug company that makes the avian flu vaccine is Donald Rumsfield?”

    So what. And what does that have to do with the post which has to do with Government exerting its right to limit certain freedoms during a time of national emergency. Do you think the whole thing is a sham to make a few powerfull people rich?

    Your hatred of Bush and his adminstration is coming through loud and clear.

  9. Al Cole says:

    Mike at number 7 post –

    No, didn’t know that! Damn

    I remember reading last week at http://www.americablog how Health and Human Services told a crowd in Wyoming that when they went to the store to buy 3 cans of tunafish – to get a 4th and put it under their bed. And when they get milk, to get a box of powdered milk and put it under their bed. and they would be all ready when the bird flu hit

    my only problem is – I still have a waterbed!

  10. gquaglia says:

    “reality check time: freedom’s not too useful when you’re dead.”

    Paul, you hit the nail right on the head!


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