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the Emergency Health Powers Act ........


Smallpox | External Threat | Health Powers Act | FEMA Laws
the Model State Emergency Health Powers Act     excerpts from the law

Important: this act is being passed on a state by state basis. I put it in public view to alert people to actual laws that can condemn their property and move them off to a camp on the suspicion of having a disease. These laws are not without historical precedent. Serious questions arise when the power to enforce these laws is in the hands of the Bush Administration. I for one do not trust the Bushites to tell the truth as to the source of a smallpox outbreak.

When federal and state public health officials convince your Governor to declare a “public health” emergency, they want to be able to use the “state militia” to:

  • take control of all roads leading into and out of your cities and state;
  • seize your house, car, telephones, computers, food, fuel, clothing, firearms and alcoholic beverages for their own use (and not be held liable if these actions result in the destruction of your personal property);
  • arrest, imprison and forcibly examine, vaccinate and medicate you and your children without your consent (and not be held liable if these actions result in your death or injury).

    Commentary: As of December, 2001, 14 states had passed this legislation. AS of October, 2003, the act has been approved in 43 states with hardly a whisper from the public. In the state of Washington the bill was passed on Feb. 16, 2002. What will happen when all 50 states are on board and this potent FEMA law is locked in on the state level? Will the Center for Disease Control exercise their powers dictated under the Model State Emergency Health Powers Act through state militias? You can track the progress of this important bill here. This site is through 2003.

    Here are some excerpts from the act. Links to further research are below.

    Section 501
    (a)  Facilities. To close, direct and compel the evacuation of, to decontaminate or cause to be decontaminated any facility of which there is reasonable cause to believe that it may endanger the public health.

    Section 502
    (a)  Use of materials and facilities. To procure by condemnation…. materials and facilities as may be reasonable and necessary to respond to the public health emergency, with the right to take immediate possession thereof. Such materials include, but are not limited to, communication devices, carriers, real estate, fuels, food, and clothing.

    Article V

    Special Powers During A State Health Emergency: Management of Property
    (a)   Facilities. To close, direct and compel the evacuation of, or to decontaminate any facility of which there is reasonable cause to believe that it may endanger the public health.
    (b)  Materials. To decontaminate or destroy any material of which there is reasonable cause to believe that it may endanger the public health.
    (c)  Control of materials. To inspect, restrict, and regulate by rationing and using quotas, prohibitions on shipments, allocation, or other means, the use, sale, dispensing, distribution, or transportation of food, fuel, clothing and other commodities, as may be reasonable and necessary to respond to the public health emergency. This will include the control of roads and public areas.

    Section 602 Medical examination and testing.
    (b)   The public health authority may isolate or quarantine any person whose refusal of medical examination or testing in uncertainty regarding whether he or she has been exposed to or is infected with a contagious or possibly contagious disease or otherwise poses a danger to the public health. To prevent the spread of contagious disease the public health authority may isolate or quarantine persons who are unable or unwilling for reasons of health, religion, or conscience to undergo vaccination.

    Section 603 Vaccination and treatment. During a state of public health emergency the public health authority may exercise the following emergency powers over persons as necessary to address the public health emergency.
    (a)  Vaccination.
    To vaccinate persons as protection against infectious disease and to prevent the spread of contagious or possibly contagious disease.

    Section 604 Isolation and Quarantine.
    (a)  Authorization. During the public health emergency, the public health authority may isolate or quarantine an individual or groups of individuals. This includes individuals or groups who have not been vaccinated, treated, tested, or examined. The public health authority may also establish and mantain places of isolation and quarantine, and set rules and make orders. Failure to obey these rules, orders, or provisions shall constitute a misdemeanor.

    Enforcement: the public health authority may request assistance from the organized militia in enforcing the orders of the public health authority.

    TAKE ACTION to STOP the spread and use of the Model State Emergency Health Powers Act.


    *  Read a critical review on this important law

    *  Read the MSEHPA law here - Model State Security Health Powers Act
    *  track the latest news on this important topic - http://www.alec.org/
    *  Has your state passed this law? - as of July 2005, 33 states have passed this law.

    Will people be relocated, en masse, to protect the rest of society?

         The terrorist attacks on New York City and Washington, D.C. on September 11, 2001, and the subsequent threats of biological warfare against U.S. citizens have prompted calls by public health officials to prepare for mass vaccination campaigns for anthrax and smallpox. National vaccination programs targeting civilians, including children, are being proposed in model state legislation that would give public health officials the power to use the state militia to enforce vaccination during state-declared health emergencies. While it is critical for the U.S. to have a sound, workable plan to respond to an act of bioterrorism, as well as enough safe and effective vaccines stockpiled for every American who wants to use them, there are legitimate concerns about a plan which forces citizens to use vaccines without their voluntary, informed consent.


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