In response to the tragedy of September 11, the U.S. Department of Health and Human Services announced its strong desire for national legislation.
Drafted for the Centers for Disease Control by lawyers from the Center for Law and the Public's Health at Georgetown and Johns Hopkins Universities, the so-called Model State Emergency Health Powers Act was released on October 23, 2001.
This draconian legislation was proposed as a means to help states protect citizens against bioterrorist attacks, as well as, deal with national defense issues. The actual bill goes much, much further. It calls for giving state public health officials sweeping new police powers. The legislation defines "infectious disease" as " Any disease caused by a living organism."
This allows those in power to declare ANYTHING an infectious disease. It is basically another way to back door Marital Law.
As drafted, the October 23, 2001, proposal stresses that "an infectious disease may or may not be transmissible from person to person, animal to person or insect to person." Thus, any disease caused by a living organism could be classified as an infectious disease creating or invoking a public health emergency. Under the Model State Emergency Health Powers Act, upon the declaration of a "public health emergency," governors and public health officials would be empowered to:
- Force individuals suspected of harboring an "infectious disease" to undergo medical examinations.
- Track and share an individual's personal health information, including genetic information.
- Force persons to be vaccinated, treated, or quarantined for infectious diseases.
- Mandate that all health care providers report all cases of persons who harbor any illness or health condition that may be caused by an epidemic or an infectious agent and might pose a "substantial risk" to a "significant number of people or cause a long-term disability." (Note: Neither "substantial risk" nor "significant number" are defined in the draft.)
- Force pharmacists to report any unusual or any increased prescription rates that may be caused by epidemic diseases.
- Preempt existing state laws, rules and regulations, including those relating to privacy, medical licensure, and--this is key--property rights.
- Control public and private property during a public health emergency, including pharmaceutical manufacturing plants, nursing homes, other health care facilities, and communications devices.
- Mobilize all or any part of the "organized militia into service to the state to help enforce the state's orders."
- Ration firearms, explosives, food, fuel and alcoholic beverages, among other commodities.
- Impose fines and penalties to enforce their orders.
Consequently, a revised model bill was
released on December 21, 2001. Both models--which the states are
using in formulating legislation--are on line at www.publichealthlaw.net.
In
an attempt to make the October draft appear less authoritarian,
several words were changed in the December draft. For example, the
revised language calls for "protecting" persons rather than
"controlling" persons during a public health emergency. It says
that the state would "manage" private property rather than
"control" private property during a public health emergency. It also removes any direct mention of rationing firearms or alcoholic
beverages but still retains the right to ration "commodities. " So, they made it very vague, which allows those in power to take, restrict, seize, or control the sale or distribution of weapons, alcohol, food, supplies, medicine, etc.
Furthermore, the revised
language incorporates powers over medical licensing laws. Thus,
health care facilities, doctors, and other providers will have to
abide by added licensure requirements during a public health
emergency to maintain or guarantee their right to practice medicine
or run a health care business.
A DENIAL OF CONSCIENCE
How
this medical licensure clause would affect doctors' freedom of
conscience--and medical freedom for us all--must be
scrutinized.
The
state of Maryland's draft bill--one of the worst in the country, in
my opinion--includes this language: "If the health care
practitioner fails to comply with an order, regulation or
directive, the secretary may request the appropriate licensing
board to take disciplinary action against the health care
practitioner." It goes on to authorize the imposition of fines of
up to $10,000 for each offense.
It means that any doctor, who might
be opposed to abortion, would be forced by law during a public
health emergency to administer a vaccine derived from ABORTED fetal tissue.
This legislation
clearly infringes on doctors' and other health care
providers' freedom of conscience.
Second, it means each of us as individuals
is affected. Patients would not be able to refuse these treatments. That means those in power can have you dragged from your home and forced vaccinated. It means that your neighborhood could be surrounded and quarantined. You would not be allowed to exit your home and if you did, you would run the risk of being shoot. Because, according to this new law you would be judged as a Domestic terrorists who was willingly trying to spread a "Infectious disease."
Again...This legislation is back door Martial Law.
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