Mass. House approves bill allowing quarantines

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By STEVE LeBLANC
Associated Press writer
October 08, 2009 5:24 PM

BOSTON ? Public health officials would have the power to isolate individuals and order quarantines to contain the outbreak of serious contagious diseases under a bill approved by the Massachusetts House on Thursday.



Supporters say that while the bill has been in the works for years, the emergence of swine flu shows the importance of having laws on the books to deal with public health crises. Critics say the bill gives the government too much power.
The bill, approved by a 113-36 vote, is designed to clarify the authority of government and the rights of citizens in the case of a public health crisis. Backers say under existing law there are few checks on the power of government once the governor declares a health emergency.
?The bill strikes that balance between protecting the community in the case of an emergency but also protecting the civil liberties of individuals,? said Rep. Jeffrey Sanchez, D-Boston, House chairman of the Committee on Public Health.
Sanchez said the House version of the bill eliminates some of the more contentious parts approved in April by the Senate including sections placing restrictions on the right to public assembly and allowing the arrest of individuals without warrant.
The Senate bill would also allow the government to mandate vaccinations or place into isolation anyone who refused to be vaccinated ? a provision that was eliminated from the House version.
?This bill does not change the law to force people to be vaccinated,? Sanchez said.

The bill spells out the authority of the public health commissioner once an emergency is declared ? including the power to force the evacuation of public buildings and order health care facilities to provide services to those sickened.
The bill would also let the commissioner limit public access to contaminated areas, adopt measures to safely dispose of infection waste, and store and distribute antitoxins, serums, vaccines and antibiotics.
One of the most contentious parts of the bill would give public health officials the authority to force individuals or groups into isolation or quarantine when there is ?reasonable cause to believe that a disease or condition dangerous to the public health exists or may exist or that there is an immediate risk of an outbreak.?
The isolation or quarantine order can be made orally as long as it is followed by a written order. The bill allows those in quarantine to appeal to a Superior Court judge. It also bars employers from firing workers because of a quarantine order.
Rep. Todd Smola, R-Palmer, said he heard from dozens of constituents worried about the Senate version of the bill.
He said there wasn?t enough time to study the changes in the House version, which he said still gives too much power to the commissioner of public health.
?People have enough concerns right now relative to government control invading in their personal space and in their personal lives,? he said.
Other parts of the bill are designed to send up early warning signs of a potential outbreak, including requiring pharmacists to report increased prescription rates or unusual types of prescriptions.
Public health officials would also be allowed to obtain medical records to try to investigate or monitor an outbreak, provided that the medical records remain confidential.
The public health emergency would end whenever the governor says it is over or 90 days after it was first declared, whichever comes first.
The compromise version of both bills must now be worked out.

http://www.southcoasttoday.com/apps/...NEWS/910089989

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Re: Mass. House approves bill allowing quarantines

House passes pandemic preparation bill

By Gintautas Dumcius and Michael Norton
Published: October 8, 2009

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<!-- InstanceBeginEditable name="Main Content" -->STATE HOUSE, BOSTON, OCT. 8, 2009??By a 113-36 vote, the House on Thursday passed a pandemic and disaster preparedness bill that establishes a ?chain of command? for public health emergencies. Reacting to concerns, bill supporters said the legislation does not force vaccinations or warrantless searches upon individuals.
Rep. Jeffrey Sanchez, co-chairman of the Joint Public Health Committee, said the bill was ?eight years in the making? and narrows the power of the governor, setting a 90-day limit on public health emergencies declared by the governor. Under current law, there is no limit on the length of a public health emergency, according to Sanchez.
?Right now, if the governor declares a public health emergency, all power is in the Department of Public Health,? he added. ?In this bill we empower and provide a role for the local boards of health.?
Under the bill, the Department of Public Health would gain access to medical records and have the ability to isolate individuals with a court order. The House version strikes out Senate provisions authorizing the Department of Public Health to arrest citizens without a warrant, Sanchez said. The House bill does not mandate that individuals get vaccinated, he added.
Under current law, if individuals refuse to be vaccinated, the local board of health can get a warrant to put the individual under isolation or quarantine, Sanchez said.
?We do not change the law on vaccinations in this bill and we do protect individual rights by establishing a clear process and setting quarantine standards,? Sanchez said, attempting to answer concerns from groups such as the Massachusetts Liberty Preservation Association, which had said the Senate bill gave authorities too much power. ?This bill does not permit either warrantless arrest or warrantless searches of a home.?
Patrick told reporters outside his office Thursday morning that the bill is ?about public health and public safety.?
?And the authority that the bill provides, I think, gives us maximum latitude to assure public safety in the event of a pandemic emergency,? he said. ?And I think the Legislature is doing the right thing by taking it up.?
Asked if he was uncomfortable with the potential of people getting quarantined, Patrick said, ?I am uncomfortable with the risk of death and serious injury to the general public from the pandemic. And I think there is a way to balance the interests so that we can do everything we can and should to assure the public safety.?
Any issues with the bill will be worked out to ?everyone's satisfaction,? he said.
Both branches are now on record in support of bills to better prepare the state for disasters, though Sanchez said he expects a six-member conference committee to be convened to negotiate a final bill.
Democrats and Republicans were split on the bill, though the vote did not break down by party lines. Twenty-eight Democrats voted against the bill, with eight Republicans joining them.
Rep. Hank Naughton (D-Clinton) said he voted against the bill because it allowed for the ?potential overreaching? of state public health agencies.
?I don?t think it?s a necessary bill right now,? said Rep. Lewis Evangelidis (R-Holden). He said the bill was ?rushed through? and that representatives need more time to review the bill. Evangelidis said ?a lot of people have concerns about government intrusion right now.?
During debate over the bill, lawmakers rejected an appeal from Republicans to postpone debate on the bill until next Tuesday. While House Minority Leader Brad Jones (R-North Reading) and Assistant Minority Leader George Peterson (R-Grafton) eventually voted for the bill, they argued that with lawmakers drawn to Thursday hearings on transportation reform, health payment reform and dropping state revenues, the bill would get lost in the shuffle. Democrats said the bill has already been extensively discussed among members and within committee.http://www.mvtimes.com/marthas-viney...est.php?id=192#
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Re: Mass. House approves bill allowing quarantines

Previous FT articles here: Mass. lawmakers working on pandemic bill