State Senator Richard T. Moore’s Sept. 11 post on SB 2028, a health emergency/flu pandemic preparedness bill, brought a wave of criticism — including calls for his impeachment — mostly from individuals and organizations with a strong anti-government bias. I asked Sen. Moore, a Democrat from Uxbridge, to respond. So here he is:
While I always take into account the legitimate concerns of my constituents, many mistruths have been promulgated over the past several weeks. It is worth noting, that NONE of the provisions of this bill take place, unless the Governor were to declare a statewide public health emergency, which in itself is very rare. For any of this to take happen, it would be an extremely dire situation. I would like to further clarify what this bill does not do, and what it does do:
This bill does NOT mandate, require, or force vaccinations upon individuals, in the event of a statewide pandemic or public health emergency. While the Commissioner of Public Health may recommend statewide vaccinations, every individual has the right to refuse that recommended vaccination. This bill simply enforces common sense by ensuring that if someone refuses the vaccination, they stay home and stay out of risk of infecting themselves, loved ones, co-workers, children, or the general populace.
There are NO “quarantine camps” or institutions that individuals would be placed in if they pose a risk to the general population’s health. Individuals who act irresponsibly in posing a risk to society can face a punishment that results in an order to stay home, or a fine. Again, this fine is simply a protection against individuals that act irresponsibly in the case of a pandemic.
There is NO provision for martial law within this bill. Any language of a military presence within this legislation simply doesn’t exist, and this bill offers no language that would indicate martial law.
Warrantless entry is addressed in this bill as being suitable only as it relates to probable cause of a health violation. Under current, normal, every-day standards, this practice of law exists. This bill simply addresses warrantless entry to specify probable cause, under a statewide public health emergency, to a public health violation. Under this legislation, officers must follow-up with a written warrant, as they would under normal circumstances. Nothing changes with this law!
This bill consolidates the power of the administration. As our emergency laws are currently written, there is hardly any delineation of power in the event of a public health emergency. This bill focuses response powers to the Commissioner of Public Health, with guidelines as to how they may utilize that power. While opponents of this bill cite the infringement of civil liberties with its passage, this bill would actually protect those liberties by focusing what can be done by the Administration in a public health emergency.
If “Nothing changes with this law!”, then why waste public resources drafting and debating it? Do we have reason to believe the current system does not work? Have you shown the public such data?
When I read the headline to this post, I assumed that Senator Moore was responding to the comments appended to this post, authored by the Senator on August 15.
In it, Sen. Moore wrote that, because “National Health Reform Discussions Need More Light, Less Heat!”, “If some of our neighbors have other suggestions to achieve reform, let’s hear them.”
The Senator asked fore neighborly suggestions. So I asked the Senator to conttact our friendly neighbors to the north, in Canada. Canada has single payer Medicare For All, a health reform so successful that Canadian citizens now surpass American citizens in every significant health metric.
Hey, how bad can Medicare For All be if the average Canadians live four years longer than a typical American? Meanwhile, the Voice Of America recently reported the startling news that U.S. life expectancy has begun to decrease, and that the latest generation of Americans will be the first one ever that will not live as long as their parents. Let’s hear it for good ol’ U.S. private health insurance! Works great for insurance company executives and shareholders; for enrollees, umm, not so much. Good thing every “reform” proposal being floated inside the Beltway will require Americans to bankrupt ourselves by purchasing this defective product. Not!
Here we are a month later, and the Senator apparently still has not fulfilled his own request by seeking input from neighborly Canadian Medicare officials. Why not, Senator? Canadians are unfailingly polite and perfectly willing to explain how we can share int their success by replacing the horrifying failure of our private insurance-dominated system with a Medicare For All, single payer system.
Instead, the Senator spends his time wringing his hands while heeding the crazed comments of a bunch of paranoid, reactionary, Glen beck-watching, Tea-Baggers.
Give us a break, Senator. Call Canada. If this health care reform effort is serious, you will use your Beacon Hill committee leadership to push for a single payer, Medicare For All system.
Senator, this is a follow up post. I needed to formulate my thoughts a little more.
Simply, regarding what you propose:
WE JUST DON’T DO THAT HERE.
Do you get that, Senator? Why don’t you go find some potholes to fill?
This “Senator” Moore is the same one who said he did not know when the Constitution was written and then quipped, “17, uh,, 17 something… oh you mean that old thing?” This has been witnessed by three people. This guy isn’t qualified to run a merry-go-round ride with that contempt for history and our Founders!
I would like to thank Senator Moore for his many, many years of hard work promoting thoughtful health policy in Massachusetts.
In my experience, Senator Moore has always listened to opposing views and worked with opponents to find common ground. Those of us who live here appreciate his efforts.
Senator Moore and ALL of our elected leaders deserve to be treated with respect because of the offices they represent – regardless of whether we agree with them on a particular issue.
The name-calling and nasty comments that have been posted recently on this blog just make this forum unpleasant to read – they do not help our elected leaders to find common ground or make better decisions.
And those of us who care about informed public policy can’t sit back and let our public discussions be drowned out by hecklers.
Senator,
Please define what, in this legislation, constitutes a public health emergency other than an event that is “detrimental to the public health”. Could a pandemic classification be used to justify such an emergency discussed in the legislation? Who does define or recommends a public health emergency for the commissioner or Governor? What recourse do citizens and or other health officials, that do not agree with the declaration, have? Could this legislation be used to subvert the Bill of Rights and the Constitution of the State of massachussets or the Constitution of the United States of America for material or political gains. Why would unvaccinated individuals pose any threat to the vaccinated population if the immunity from vaccination was adequate and successful ? Please respond because I would love to hear it.
It seems to me that the ONLY appropriate response to a public health emergency by our devoted public servants would be to help distribute food and water. They probably wouldn’t be able to do even that without screwing it up, but perhaps it wouldn’t be too dangerous to give them authorization to try.
We certainly don’t need consolidations of power anywhere in the government. Just the opposite, I would say.
Katharine,
If you were a student of history you would never be calling any elected person our “leaders”. They are OUR servants, duty bound by our written Constitution to carry out the wishes of the People and to always guard their unalienable God-given rights of Life, Liberty, and Property (and all the various derivations thereof); those who they represent in the most sacred chambers of government. Saying that Senator Moore is our “leader” implies that we follow him with no mind of our own, that is to say, “The King knows best, do not question his authority”. Governmental authority, Katharine, comes from the “consent of the governed”. If I do not give my consent for a public servants’ actions, he/she has no claim over me. must contract into Government for it’s statues to apply to me. I strongly suggest brushing up on basic U.S. Founder’s history and their writings. Remember, the Founders rebelled over MUCH lighter forms of tyranny than we see today. For they were loyal to their fellow countrymen/women, not the supreme ruler. THAT, my friend, is Patriotism.
Hello All –
While I appreciate the passionate response on this issue, some of these comments are essentially personal attacks, which is not the purpose of this forum. Please try to keep the discussion on a civil level.
Thanks,
Rachel Zimmerman
CommonHealth
No matter the hyperbole on both sides, this is what the bill states:
“the commissioner shall have and may exercise, or may direct or authorize other state or local government agencies to exercise, authority relative to any one or more of the following if necessary to protect the public health during an emergency declared . . . to restrict or prohibit assemblages of persons”
and
“Upon request or issuance of an order by the commissioner or his or her designee, or by a local public health authority or its designee, an officer authorized to serve criminal process may arrest **without a warrant** any person whom the officer has probable cause to believe has violated an order given to effectuate the purposes of this subsection and shall use reasonable diligence to enforce such order.
Any person who knowingly violates an order of the commissioner or his or her designee, or of a local public health authority or its designee, given to effectuate the purposes of this subsection shall be punished by imprisonment for not more than 6 months, or by a fine of note more than one thousand dollars, or both.”
and
“**No person making a report** under this section shall be liable in any civil or criminal action by reason of such report if it was made in good faith.”
and
“When the commissioner or a local public health authority within its jurisdiction reasonably believes that a person may have been exposed to a disease or condition that poses a threat to the public health, in addition to their authority under section 96 of chapter 111, the commissioner or the local public health authority may detain the person for as long as may be reasonably necessary for the commissioner or the local public health authority, to convey information to the person regarding the disease or condition and to obtain contact information, including but not limited to the person’s residence and employment addresses, date of birth, and telephone numbers.”
and
“An officer authorized to serve criminal process **may arrest without a warrant** any person whom the officer has probable cause to believe has violated an order for isolation or quarantine and shall use reasonable diligence to enforce such order.”
***** MOST IMPORTANT **** When Senator Moore was asked if he would trust the Bush administration with these powers, he said with out question “YES”. Would you?