The dispersal of anthrax spores in October 2001 showed Americans that they are vulnerable to bioterrorism. The ineffective response to bioterrorism demonstrates that public health agencies do not have plans or training exercises in place to deal with this emerging threat. Although the CDC asked that the Model State Emergency Health Powers Act (MSEHPA or Model Act) be drafted to prepare the states for these emerging risks, critics like George Annas assert that the acts are “blatantly unconstitutional” (MSEHPA,2005,p.1). In this paper, I intend to explore the conflict between individual rights and sweeping powers of public health agencies as described by the Model State Emergency Health Powers Act.




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