Stephen J.LurieMD, PhD, Senior Editor
To the Editor: In their article promoting the Model State Emergency Health Powers Act (MSEHPA) that they drafted, Mr Gostin and colleagues1 cite only 1 published criticism of it, which I wrote.2 This use of a single citation is misleading in 2 important ways: it implies that their act has wider support than it does, and it misstates the range of criticisms about it. As to the first, the authors themselves stated on the first page of the MSEHPA that it was intended simply as a "draft for discussion."3 They further wrote that it does "not represent the official policy, endorsement, or views" of anyone, including the US Centers for Disease Control and Prevention (CDC), or any of the organizations listed in the acknowledgments.
Annas GJ. Bioterrorism and Public Health Law. JAMA. 2002;288(21):2685. doi:10.1001/jama.288.21.2685-JLT1204-2-1
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