Today the Senate is expected to consider a measure to give state government special authority in the event of a pandemic.
New Hampshire Public Radio's Dan Gorenstein reports.
Senate Bill 399 would give the Commissioner of Health and Human Services, with the approval of the Governor, sweeping powers.
The Commissioner, for example, could evacuate and decontaminate any public or private building, including schools, businesses or churches in order to avoid the spread of disease.
The Commissioner, again with the approval of the governor, could cancel public gatherings, while trying to avoid violating the constitutional right of assembly.
And arguably the most controversial component of Senate Bill 399- the commissioner could ration medicine.
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1:08 somebody needs to be in charge...
Governor John Lynch.
...We look at what happened as a result of the flooding where everybody pulled together. That was in sharp contrast to what happened in the Gulf States where people spent more time pointing fingers at each other. There was a lot of mistrust, passing blame, and as a consequently there wasn't the response down there that there really needed to be. We don't want to have that situation in NH.
Lynch and others imagine a scenario where one community is experiencing an avian flu outbreak, and another community has a supply of medicine.
In that case, the state could confiscate the medicine and ship the supply to the affected town.
A Senate Committee supported the bill 4-2 earlier this year.
Senator Jack Barnes opposed the measure afraid it would permit the state to seize a private pharmacies medicine supply.
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2:22 I want the person who they are taking things from to be reimbursed for what they were selling the product for the day before the epidemic was announced.
Prime sponsor Senator Bob Clegg says that's not the intent of the legislation.
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:03 the bill would allow the state of NH to bring drugs from one part of the state and bring them to the other where they were needed. What it does is stop people from being greedy and charging hundreds of thousands of dollars for what we need to take. Still reimburse them on a fair basis. If all the drugs we needed were in Keene, and the druggist up in Keene said that drug that was worth $50, I now want $1000, we would be able to grab the stuff and bring it to wherever is necessary.
There doesn't appear to be any language that directly addresses reimbursement.
In regards to rationing, the bill reads that the commissioner shall have the discretion to take custody of all supplies...to ensure that such agents are distributed and utilized appropriately.
SB 399 also establishes a ethics committee to assist the commissioner and governor in making difficult decisions in the middle of a pandemic.
Difficult decisions, says Manchester Public Health Director Fred Rusek, like who should receive medicine in the case of a shortage.
12:16 ethically, it's not about first come first serve to receive pharmaceuticals to protect ones health. The greater good is served if we can make certain helath care providers who are directly exposed they are protected...that there are others in the critical infrastructure that are protected. Like police and fire. And these are folks that are more important than I am.
Rusek supports the bill.
He says even though Manchester may have to surrender its medicine supply to another community, in the long run that will only benefit Manchester residents.
He says if the Legislature doesn't pass some kind of plan, the state could face price gouging and chaos if a pandemic hit.
13:57 in the absence of any state control then we are really dealing with a situation of supply being at the driving force. And community that have the supply, and people who can afford the supply there might be things like personal stockpiling, and what have you that might ultimately reduce the amount of vaccine available to combat a flu outbreak.
Rusek says he suspects a flu epidemic is likely at some point in the future.
And he hopes the state is prepared.
10:13 ... It's our job to make sure as communities at the state level and federal level, we are doing the best to be prepared for what some folks say is inevitable.
The full Senate is expected to vote on the measure this afternoon.
For NHPR News, I'm DG.
