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Free Congress Commentry

MEHPA Spells Trouble

By Sue A. Blevins, M.P.H.
February 12, 2002

Editor's Note: Free Congress Foundation president Paul M. Weyrich in his 11/19/01 commentary, "Another Conservative Gone Native," warned NNN readers about the threat that the proposed Model State Emergency Health Powers Act poses to our civil liberties. More and more conservatives and other advocates of privacy are starting to realize that their state legislators are trying to have MEHPA become law in their state despite having given no serious thought to its consequences. Recently, Maryland State Senator Andrew Harris of Baltimore County remarked about his state's own version of the model bill: "As I read it, why couldn't the governor declare [a catastrophic emergency] for tobacco smoke?" While MEHPA's proponents dispute that claim, the fact is that history is littered with examples of how laws with such vague language are placed on the books for one reason (ostensibly good) only to be used for another, often damaging our privacy and civil liberties. MEHPA is a model bill full of bad consequences just waiting to happen. Sue A. Blevins, M.P.H., founder and president of the Institute for Health Freedom, explains why she mistrusts MEHPA in the commentary below.

State legislatures should give serious thought to how the Model State Emergency Health Powers Act could severely infringe on the precious individual liberties that are the hallmark of our nation and its states. Everyone would agree that our federal and state governments should be defending citizens against bioterrorism. But if you examine the model bill closely, it goes much, much further than necessary to perform that important and legitimate government function.

There are two major concerns.

First: The model bill would force individuals to accept vaccines and other treatments that they might oppose for various reasons. We are often told how important vaccines are for preventing various diseases. It's true that from a public-health point of view, the best way to protect all citizens - without infringing on a minority group's freedom of conscience - is to have an adequate supply of safe and effective vaccines for those who want them. Then anyone who is vaccinated with the vaccines should be protected against the relevant disease. Unvaccinated people (those who reject vaccines for whatever reasons) will pose no harm to those who have been vaccinated with effective vaccines.

Second: Concerned citizens need to read their state's MEHPA bills very closely. It is all too likely that MEHPA will infringe on the freedom of conscience of doctors and other health-care providers. Maryland's draft of the MEHPA stated: "If a health care practitioner fails to comply with an order, regulation, or directive...the secretary may request the appropriate licensing board to take disciplinary action against the health care practitioner... " Maryland's version of MEHPA said it would impose fines up to $10,000 for each offense. This provision could force a doctor opposed to abortion to administer vaccines made from fetal tissue. It would force doctors to perform other services that he or she might strongly object to. It absolutely infringes on his or her freedom of conscience - a fundamental freedom in this country.

The coercive provisions of the Model State Emergency Health Powers Act are sound reasons why the state legislatures should find a better way to defend against bioterrorism while protecting our individual freedom - the very freedom that the current war on terror is being waged to defend.

Sue A. Blevins, M.P.H. is founder and president of the Institute for Health Freedom which is located in Washington, D.C.

(www.forhealthfreedom.org)

Contact: Institute for Health Freedom (202) 429-6610

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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.