Model State Emergency Health Powers Act

A legislative proposal to improve public health emergency response

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Centers for Disease Control and Prevention
Citation
Territorial extent
Considered by
Enacted by	Centers for Disease Control and Prevention
Passed
Enacted	December 2001
Considered by
Enacted by

The Model State Emergency Health Powers Act (MSEHPA) is a legislative proposal developed in the United States in response to the need for a comprehensive legal framework to manage public health emergencies. Drafted by the Centers for Disease Control and Prevention (CDC) in collaboration with the Center for Law and the Public's Health at Georgetown University and Johns Hopkins University, the act was introduced in December 2001.

Background

The MSEHPA was created in the aftermath of the September 11 attacks and the subsequent 2001 anthrax attacks, which highlighted the vulnerabilities in the United States' public health infrastructure. The act aims to provide state governments with the necessary powers to detect and respond effectively to public health emergencies, such as bioterrorism, pandemics, and other significant health threats.

Provisions

The Model State Emergency Health Powers Act includes several key provisions designed to enhance the ability of state governments to manage public health emergencies:

• Surveillance and Reporting: The act mandates the establishment of systems for the rapid identification and reporting of public health threats. This includes the collection of data from healthcare providers and laboratories.

• Declaration of a Public Health Emergency: The act outlines the process by which a state governor can declare a public health emergency, granting specific powers to state health authorities.

• Control of Property: The act allows for the control of property, including the ability to use or seize facilities and materials necessary for the emergency response.

• Management of Persons: The act provides for the isolation and quarantine of individuals who may pose a threat to public health, with due process protections.

• Vaccination and Treatment: The act authorizes the distribution and administration of vaccines and treatments, including the ability to mandate vaccination in certain circumstances.

• Coordination and Communication: The act emphasizes the importance of coordination between state and federal agencies, as well as clear communication with the public.

Controversy and Criticism

The MSEHPA has been the subject of significant debate and criticism. Concerns have been raised about the potential for abuse of power, particularly regarding the provisions for quarantine and the control of property. Critics argue that the act could infringe on individual rights and civil liberties. Proponents, however, emphasize the need for robust legal tools to protect public health in emergencies.

Implementation

Since its introduction, the MSEHPA has served as a model for state legislation across the United States. Many states have adopted portions of the act, tailoring its provisions to fit their specific legal and public health contexts. The act has influenced the development of state emergency health laws and has been a reference point in discussions about public health preparedness.

Also see

• Public health emergency (United States)
• Bioterrorism
• Pandemic preparedness
• Centers for Disease Control and Prevention
• Quarantine