Would you please comment on this discussion and add your thoughts?

I think that the declaration of a state of emergency is something that is both controversial but necessary in certain cases such as the Covid 19 pandemic. After working in a hospital throughout this pandemic and having patients who have been critically ill with Covid 19, I do believe that a state of emergency is a crucial component of slowing the spread of Covid 19. According to this week's readings, "The purpose of public health practices and policies is to improve the overall health of the public, and as such, at times it will be at odds with the autonomy of individuals." Declaring a state of emergency is something that is done in order to improve and protect the health and wellness of individuals. Stay at home orders and mask mandates can violate an individual's autonomy due to the fact that they are not allowed to have their freedom of self government, however this violation is something that is done with every intention of benefiting the public. The decision to declare the state of emergency is something that must come from leaders but also the experts who in this case are the physicians. The text states, "these orders must follow rigorous safe- guards, including opting for the least restrictive alternative, depending on scientific assessment of risk and effectiveness, ensuring procedural due process, and providing a safe and habitable environment". When we declare the state of emergency there must be the ability for citizens to still have some freedoms, we can not completely shut them down and lock them in their houses. But with this being said there can be restrictions such as curfews and mask mandates when in public. These decisions need to be made with the help of physicians due to the fact that they are the experts in this pandemic. A state of emergency with implementation of rules can be declared because "governments seeking to limit the spread of Covid-19 may isolate sick individuals, quarantine exposed individuals, and institute cordon sanitaire". Legally speaking this can be done according to public policies protecting the rights of citizens. This policy states "no one can lawfully do that which tends to be injurious to the public or against the public good". Declaring a state of emergency and implementing rules and protocols can be done due to the fact that it is for the greater good of the people. Ethically speaking I think that declaring a state of emergency is something that is necessary due to the fact that it is being done to benefit the public. Although it may be frustrating, legally and ethically I do not see anything wrong with it if doctors and health experts deem it necessary to prevent and slow the spread of Covid 19.

I think that the governor should mandate the vaccine for all State employees, health care workers, and educators. The article says that state laws can "require certain individuals or populations, including school-aged children and health care workers, to be vaccinated against various communicable diseases. Also discussed are state laws providing for mandatory vaccinations during a public health emergency or outbreak of a communicable disease". These individuals listed above are people who are on the frontlines and in contact each and every day with members of the public. In order for them to have the ability to protect others, they first must protect themselves by getting vaccinated. The article says governments "under the Public Health Service Act can issue regulations necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the states or from state to state". Governments legally have the ability to enforce vaccine requirements in emergent situations such as the Covid 19 pandemic in order to stop the spread and protect the public. As we have seen over the past 2 years, this virus is extremely deadly and life threatening, but with vaccine numbers going up there is a decrease in the amount of cases and hospitalizations which demonstrates that the vaccine is helping fight the virus and protect us against it. I understand that people think that vaccine mandates violate their autonomy and ability to make their own choices, however in emergent situations like this I think exceptions should be made to benefit the public. In the past courts have stated, "[I]t might be that an acknowledged power of a local community to protect itself against an epidemic threatening the safety of all, might be exercised in particular circumstances and in reference to particular persons in such an arbitrary, unreasonable manner, or might go so far beyond what was reasonably required for the safety of the public, as to authorize or compel the courts to interfere for the protection of such persons". In the case of the pandemic, lawmakers are enforcing this vaccine to keep the public safe in the midst of these uncertain times. There are certain exemptions to these vaccine mandates, " all states allow medical exemptions for those whose immune systems are compromised, who are allergic to vaccines, are ill at the time of vaccination, or have other medical contraindications to vaccines...all states grant exemptions for persons who oppose immunizations for religious reasons". I think this is important because it protects those who religiously oppose the vaccine or those who can not medically receive it. Ethically speaking I think it is the job of the rest of society to become vaccinated in order to protect these individuals who can not be vaccinated for the reasons listed above. There are laws in place to help implement mandatory vaccinations in public health emergencies. " Under the Model Act, during a public health emergency, the appropriate public health authority would be authorized to "vaccinate persons as protection against infectious disease and to prevent the spread of contagious or possibly contagious disease". Legally speaking the government can enforce vaccination as stated above. Although it is a controversial topic in today's world, I think vaccinations are extremely important in helping prevent the spread of Covid 19 and protecting everyone around us. I support mandatory vaccination in public health emergencies amongst those individuals who can handle receiving the vaccine medically speaking.

References:

Cole, Jared, and Kathleen Swendiman. "Mandatory Vaccinations: Precedent and Current Laws." Congressional Research Service Reports, 21 May 2014, https://sgp.fas.org/crs/.

Gostin, Lawrence O., et al. "Responding to Covid19: How to Navigate a Public Health Emergency Legally and Ethically." SSRN Electronic Journal, 2020, https://doi.org/10.2139/ssrn.3579094.

Pozgar, George D., et al. "Chapter 7 Government Ethics and the Law." Legal and Ethical Issues for Health Professionals, Jones & Bartlett Learning, Burlington, 2020.