Recently a well know publisher featured a column on the MSHPA. Now how many people have even heard about this
creation! What is it another federal agency? No this time these obscure letters stand for the Model State Health Powers Act. So what can be so disturbing about another law? Doesn't the government pass them all the time? Well, we
all know the horror stories that the federal government causes, but this time we have to worry about what individual states
are up to. The MSHPA is a law being introduced in all 50 state legislatures granting emergency powers to governors and public-health
When a concern about the passage of separate state legislation hits the radar screen of Joseph Farah and is
published about in WorldNetDaily, just maybe the public may start to take notice. Farah says:
"The act authorizes the collection of private medical data and other records on you and your family. It
authorizes the "control of property" – a nice term for confiscation of everything, including –
but not limited to – your house, your car, your guns, your food, your clothing and your fuel. It authorizes the management
of people – meaning forced vaccinations, incarceration and restrictions on transportation. It also authorizes the government
to seize control of communications."
Now how can such a sweeping assessment be true and happen right under our noses? Surely this can't really
From a report of the Institute for Health Freedom from last year, we get a warning about this proposal that is advocated by the U.S. Centers for Disease Control
and Prevention (CDC). Note what the IHF says about this legislation. The bill authorizes a governor to declare a "state
of public health emergency" and consequently preempt existing state laws, rules, and regulations (including
privacy, medical licensing, and property-rights laws, rules, and regulations).
In another account the IHF lists the following concerns about this bill:
Force individuals to undergo medical exams
Track and share individuals' personal health information without their consent
Force individuals to be vaccinated, treated or quarantined
Ration food and other commodities
Mobilize state militias to enforce state orders and impose fines and penalties
Mr Farah takes this peril seriously. When he says: "It leaves me wondering if Americans are threatened
more by terrorism or by the war on terrorism", he is echoing the sentiments that we have presented from the outset about
the hysteria that has overtaken our society. So why are so many people infected with apathy when it comes to protecting their
own rights, when the danger from foreign threats to our health is as probable as public officials never abusing the newly
created puissance within this act?
Maybe we can just conclude that we are overreacting . . . we all know that pundits can cry wolf. So let’s
look to some trusted health care voices for their viewpoint. John Hopkins and Georgetown Universities have fine reputations
in the health field. But look what their own Center for Law and Public's Health maintains on their site. Guided by a diverse group of affiliated experts and national collaborative partners
(including the Public Health Foundation), the Center seeks to enhance the visibility and effectiveness of law as a tool for
the promotion of the public's health by:
Developing, with the assistance of multiple public and private sector partners, innovative public health law
tools and model laws [e.g., the Model State Emergency Health Powers Act]
Keep in mind that this lobby group prominently states that it was founded with the support of the Centers
for Disease Control and Prevention's Public Health Practice Program Office.
It seems that our fellow citizens may be well served to ask if the CDC is about protecting our public health,
or are they really in the business of controlling the societal disease of personal liberty and individual freedom? Whenever
we relinquish fundamental rights out of a contrived potential for a civil emergency, we lose the struggle to maintain our
From the MSHPA act itself: Section 403 (a) Emergency powers. During a state of public health emergency,
the Governor may:
Suspend the provisions of any regulator statute prescribing procedures for conducting State business, or the
orders, rules and regulations of any State agency, to the extent that strict compliance and the same would prevent, hinder
or delay, necessary action (including emergency purchases) by the public health authority to respond to the public health
emergency, or the increase threat to the population.
If you are willing to support such broad powers and the dismissal of constitutional restraints to be in the
hands of each governor, what other rights are you willing to surrender? The case for a credible national health risk is non
existent. The anthrax farce clearly demonstrates that public fear is a fabricated component of this frenzy. It is used to lull communal alarm
about the domestic power grab that is far more dangerous that any terrorist.
Remember how FEMA was constructed and the imperious powers it possesses? The record of government domination
is the terminal plague that risks our health more than any natural disease. The hegemony of the Federal monster is now expanding
to the States. Draconian laws never solve contrived emergencies, but they often create them. Now that you know about the Model State Health Powers Act, what are you going to do about it?
SARTRE - June 23, 2002