http://www.time.com/time/magazine/notebook/0,9485,1101020408,00.html
Mr. Quarantine, Meet Miss Liberty
In the wake of Sept.11 and the anthrax mailings, the Centers for Disease Control
recommended that states adopt a model law creating sweeping new powers to deal
with public-health emergencies. State officials could order citizens to be
vaccinated, quarantine those suspected of having a contagious disease, take over
hospitals and physicians' offices and seize and destroy property deemed a threat
to public health. Since January at least 30 states have considered adopting all
or part of the model law, but they've run headfirst into a motley coalition of
civil liberties groups, religious conservatives, free-marketeers and gay-rights
activists. As a result, many states have begun to decide they don't want that
much power after all. So far only Utah has passed a version of the law,
according to the American Legislative Exchange Council, and in the past month
several other states have stripped away all but the most essential provisions.
The backlash started when gun advocates realized that the model law gave
health officials the power to restrict the sale of firearms in an emergency; the
CDC quickly dropped the word firearms from its list of materials the government
could control. Then religious and pro-family groups rebelled against forced
treatment and vaccination; so several states considering the legislation took
out provisions making refusal to be vaccinated a misdemeanor. Gay activists
feared that the bill might permit states to quarantine people who have HIV or
AIDS. The CDC responded by narrowing its definition of a public-health
emergency. But the most crucial aspect of the bill--the ability to quarantine
citizens who may pose a health threat to others--is the one that has become the
most contentious, pitting public-health officials in a state-by-state battle
with civil libertarians. Existing law typically forces state authorities to get
a court order before putting someone in quarantine. The CDC's model law gives
health officials the power to isolate a citizen immediately so long as they file
for a court order within 10 days. Several states considering the bill have
reduced the waiting time to 72 hours, but that's still too long for some
critics. Says Twila Brase, president of the Citizens' Council on Health Care:
"You'll inevitably sweep up healthy people. And what happens when they refuse to
be held? You're going to have Kent State all over again." The alternative,
though, may be just as grim. In Maine, warns deputy attorney general Linda
Pistner, there's nothing to stop someone with smallpox from walking out of the
hospital. "Without this tool," she asks, "how else can we minimize the loss of
life?" BY ANDREW GOLDSTEIN
ALL INFORMATION, DATA, AND
MATERIAL CONTAINED, PRESENTED, OR PROVIDED HERE IS FOR GENERAL INFORMATION
PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS REFLECTING THE KNOWLEDGE OR OPINIONS
OF THE PUBLISHER, AND IS NOT TO BE CONSTRUED OR INTENDED AS PROVIDING MEDICAL OR
LEGAL ADVICE. THE DECISION WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND
COMPLEX ISSUE AND SHOULD BE MADE BY YOU, AND YOU ALONE, IN CONSULTATION WITH
YOUR HEALTH CARE PROVIDER.