To the Editor:
Two comments on crime and punishment:
First, the reason for laws against drug use is that all drugs are debilitating, some to a greater degree than others. Society correctly reckons that it is undesirable for persons to use drugs which make them incapable and unwilling to take care of themselves.
Second, it is a matter of common experience that punishment deters unwanted behavior. Differing amounts of incarceration deter some people from some crimes to some extent at some times and to some degree of severity of the crime.
-Roger Ley
To the Editor:
The author of "Throwing Your Civil Rights to the Birds" (March 2006 Bar Bulletin) envisions the government ordering sick people into a quarantine facility with little medical attention and no way to exercise individual rights. In reality, public health officials recognize that quarantine is a serious matter, and plans for quarantine include adherence to due process protections, use of least-restrictive settings and provision of medical monitoring and other support services.
Public health officials work to contain disease. When a person has contracted or been exposed to a dangerous communicable disease, containment measures are appropriate. Persons who are ill and communicable are "isolated." Persons who have been exposed but are not ill are "quarantined." Quarantine lasts only as long as the time it takes to see if symptoms develop. Depending on the disease, even a partial quarantine can reduce disease spread. Quarantine is likely to be applied in focused settings to persons known to have had close contact with a communicable person, for example, persons who travel on a conveyance with an ill passenger.
In Washington, local health officers have broad authority to control disease outbreaks. However, local health officers must follow state rules at WAC 246-100-040 to -070 when implementing quarantine. The rules contain detailed due process protections, including written notice, hearings, time limits, a right to an attorney and appeal procedures.
The federal government has quarantine authority at the borders, among states and in Indian country for specific diseases designated by presidential executive order. Current rules exist at 45 C.F.R. Parts 70 and 71. Proposed revisions to these rules provide for due process. These protections, while different from Washington's, reflect similar principles of written notice, a right to a hearing and a right to representation.
Finally, it is important to note that public health officials are planning for much more than quarantine. A pandemic influenza would spread too quickly to be contained by quarantine. Other strategies to minimize person-to-person contact would be necessary and the healthcare system would face an overwhelming demand for services. Hospitals, healthcare providers and public health officials in King County have begun a collaborative effort to plan for a public health emergency. Private and public attorneys can participate in the development of plans that preserve individual rights, support the critical role of hospitals and healthcare providers and fulfill government's responsibility to protect the public.
Amy Eiden
Public Health - Seattle & King County
Ellen Miyasato, U.S. Department of Health & Human Services
(The views expressed in this letter do not necessarily represent the views of the U.S. Department of Health and Human Services or the United States.)
