House passes pandemic preparation bill

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

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.