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Subject: Letter to Ed #4 - MSEHPA
2184 Hwy 14
Banner, WY 82832-9709
December 5, 2001

The Editor
The Sheridan Press
P.O. Box 2006
Sheridan, WY 82801

Dear Editor:

In my previous three letters, I talked about the "Model State Emergency Health Powers Act". The Association of American Physicians and Surgeons (AAPS) rightly feels that the Act would be taking away many of our freedoms.

My quotations are from the Act itself and from an article called "AAPS ANALYSIS (DRAFT): EMERGENCY HEALTH POWERS ACT TURNS GOVERNORS INTO DICTATORS", that is found at .

The Act does not hold the people "in charge" accountable. Article VIII, Section 804, concerning liability, will not allow the State authorities or its political subdivisions to be "liable for the death of or any injury to persons, or damage to property, as a result of complying with or attempting to comply with this Act" unless it is a case of "gross negligence or willful misconduct".

The AAPS brings up a good point when it says that terrorists could cause more damage to Americans' civil rights than they could possibly do without this Health Powers Act. With such a policy in force, a terrorist could, with the help of the media and resulting hysteria, cause a scare that would result in the Governor declaring an emergency. Then follows the use of force in order to achieve "safety".

There is a quotation by Benjamin Franklin that fits here: "They who can give up essential liberty for a little temporary safety deserve neither liberty nor safety."

Not only would people be forced to submit to medical treatment, but the Act would also allow the public health authority "to control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale, dispensing, distribution, or transportation of food, fuel, clothing and other commodities, alcoholic beverages, firearms, explosives, and combustibles, as may be reasonable and necessary for emergency response." Article IV Section 402 ( c ) and Section 405 (b).

People who refuse to be vaccinated, even though they are not infected, may be quarantined. They would be placed in facilities where they might be exposed to infected persons. This is made apparent with the statement that "to the extent possible", the places will be kept safe and hygienic and "all reasonable means shall be taken to prevent the transmission of infection among isolated or quarantined individuals". Article V, Section 503 (a) The uninfected people who are placed there could be at higher risk than they would be if given the freedom to protect themselves in their own way. Amazingly, this point is brought out by the Association of American Physicians and Surgeons!

Can we assume that the public health authorities will be "reasonable"? As the AAPS has several times stated, public health professionals are still requiring children to receive the hepatitis B vaccine even though uninfected children CANNOT give hepatitis B to anyone else and "there is a minuscule risk that he can acquire the disease at school". Yet the parents of an unvaccinated child are told that he will not be allowed to attend school without it.

Suggestions are given in the AAPS article for ideas for state legislators to consider as they grapple with the issue of biowarfare crises. Our legislature should reject the Health Powers Act and take care that our system of checks and balances is not jeopardized.


      Susan Pearce
      Banner, WY