February 19, 2002

RE: SB 1400, Surveillance advisories; public health emergencies

Dear ArMA Legislative Committee,

We urge ArMA to work to hold this bill so that it can be studied and revised over the summer. The object is to develop a targeted bill designed to cover true public health emergencies involving easily transmissible serious diseases. If necessary, the revision can be reintroduced next summer.

Pima County Medical Society feels this bill has been rushed forward in response to the events of September 11. Before we willingly suspend Constitutional rights we should have input from the emergency responders, physicians, public health experts and civil libertarians as well as from lawmakers and lawyers who can advise whether existing emergency protocols and statutes accomplish the same purpose.

This bill gives unbridled authority to the Governor and appointed public health officials to ration, vaccinate and examine patients if there is an imminent threat of a bioterror outbreak. Even under the less draconian surveillance advisory portion of this bill, any physician commits unprofessional conduct if during - the World Series or Super Bowl in Phoenix - he refuses to report any illness that may be associated with bioterrorism.

Several years ago, in response to multi-drug resistant TB, Arizona revised its quarantine laws. The Lung Association, the ACLU, health officials and physicians sat down for over a year to find the least restrictive method to accomplish the goals of protecting the public and patient rights. This process should be followed for SB 1400.

Sincerely,

Edmund Krasinski, DO PCMS President