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Emergency Health Powers Act(Information Updated: 6/3/02))
We have been very concerned about the Emergency Health Powers Act. The purpose of the documents listed below is to ensure that as many people as possible have access to this important information. This information is vital to understanding the magnitude of the problems with not only the national Model Emergency Health Powers Act, but also with state legislation. The suggested amendments to the California Assembly bill should be helpful for all other states' versions of the model legislation.
We are grateful to be able to report that California's bill (AB 1763, as proposed) was defeated in the Assembly Appropriations Committee after being "gutted" and completely rewritten by the Assembly Health Committee during a hearing on April 16, 2002. The version of the bill passed by the Health Committee and sent to the Appropriations Committee, was strictly limited to establishing a commission to study the issues involved in this proposed legislation in light of current state law. |
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Stunning Victory AB 1763 - California - 6/3/02 |
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Stunning Victory, a brief paper on the defeat of California's AB 1763, should be helpful in other states where an Emergency Health Powers Act that approximates the Model Act is being considered by the Legislature.
(for a copy) (HTML 49KB) (PDF 134KB)
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Summary of concerns: AB 1763 (California's Emergency Health Powers Act), as amended, authorizes the Governor to unilaterally declare a state of public health emergency and suspend statutes; and gives unelected public health authorities absolute power to enforce their orders with the use of the police and national guard. The problems with AB 1763 include: |
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forcing citizens to undergo medical exams, tests, vaccinations and treatments; |
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quarantining people merely on suspicion of being exposed to a communicable disease; |
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allowing tracking and sharing of personal health information without the individual’s consent under specified exceptions; |
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seizing and destroying private property without compensation; |
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coercing medical personnel to treat people without compensation under threat of losing their license to practice; |
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being unnecessary and duplicative of current law; |
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using dangerously undefined and vague terms. |
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Alert Supplement (California - 4/9/02)
(for additional background information relating to the Action Alert concerning California's AB 1763 as amended) (HTML 54KB)
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California Assembly Bill AB 1763 “State of Emergency Health Powers Act” |
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(for the bill as amended 4/3/02) |
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Copy of the bill. PDF(107K) |
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Third Edition of Updated Suggested Amendments (4/9/02) to California bill AB 1763 as amended HTML(173 KB) PDF(82 KB)
This document contains all of our proposed amendments as of 4/9/02 which address many of our concerns with the bill as it was amended 4/3/02, with minor changes reflecting the author's amendments to the bill.
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Model Emergency Health Powers Act (MEHPA) |
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Copy of the model legislation:
2001-OCT-23 Version. PDF(86K)
2001-DEC-21 Version. PDF(93K)
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Backgrounder: Problems & Resources. HTML(51K) |
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American Legislative Exchange Council (ALEC) Analysis. PDF(136K) |
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© 2002 Child and Family Protection Association
1000 Sunrise Avenue, Suite 9B #418
Roseville, CA 95661-5472
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