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Saint Louis University Journal of Health Law & Policy

Document Type

Symposium Article

Abstract

The Uniform Law Commission recently approved the Model Public-Health Emergency Authority Act (MPHEAA or the Act or the Model Act). The MPHEAA grants governors specific and plenary powers to issue public health emergency orders while also ensuring executive branch transparency and accountability. The Act improves public health emergency preparedness by resecuring the legal foundation for states to respond effectively to future emergencies. However, more work is needed to enhance data collection and support vulnerable populations in emergencies.

This Article discusses the origins of the MPHEAA, key policy and drafting choices the Drafting Committee made in creating the MPHEAA, and the impact of the MPHEAA on public health preparedness. It begins with a history and overview of the MPHEAA and then dives deeply into two challenging choices the Drafting Committee made: (1) granting both specific and plenary powers to a governor to issue public health emergency orders; and (2) authorizing a governor to renew a declaration of public health emergency for as long as the emergency might last without requiring legislative approval. It concludes that the MPHEAA adds to the nation’s public health emergency preparedness by securing the powers governors and public health officials may need to respond to a variety of public health emergencies in the future and does so in ways that can withstand various forms of judicial scrutiny.

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