Dr. Weeks’ Comment: My colleague Sayer Ji wrote the following alert about a 455 page document which allows for the quarantining of US citizens – a proposal which previously (in 2005) was withdrawn due to major pushback by citizens who saw it for the dangerous move it was. We have a comment period ending 10/14/16 during which we ALL need to push back.
Being apprehended and quarantined without due process is one affront to your civilrights, but being forcibly treated is another:
“CDC may enter into an agreement with an individual, upon such terms as the CDC considers to be reasonably necessary, indicating that the individual consents to any of the public health measures authorized under this part, including quarantine, isolation, conditional release, medical examination, hospitalization, vaccination, and treatment: provided that the individual’s consent shall not be considered as a prerequisite to any exercise of any authority under this part.” [italics added]
Apprehension, Detainment, and Vaccination for Suspicion of Infection: The CDC’s Quarantine Proposal
You’ve had this dry cough for a couple of days but are otherwise feeling ready for your much awaited annual ski trip to Utah. On the security line, an officer signals for you to come with him. Not knowing why you’re being selected out of the crowd, you follow to learn that you meet criteria for quarantine. Sound like science fiction?
In what appears to be an unprecedented power grab, the Centers for Disease Control and Prevention (CDC) in the Department of Health and Human Services (HHS) just issued a proposed amendment to its domestic and foreign quarantine regulations giving itself the power to legally apprehend, detain (isolate or quarantine), and treat (including vaccinate) anyone simply for suspicion of being infected by a communicable agent.
The legal authority to isolate and quarantine, according to the CDC’s own words, are “police power” functions, “derived from the right of the state to take action affecting individuals for the benefit of society.” Incidentally, the CDC/HHS police powers were not obtained democratically through the normal “bottom up” legislative process and final Congressional approval, but rather through the bypass of a Presidential Executive Order.
The new proposed CDC/HHS regulations are contained in the Federal Register dated August 15, 2016, under the heading, “Control of Communicable Diseases””Notice of Proposed Rulemaking.”
Whereas previous regulations concerning quarantinable infection focused on extraordinarily rare and presumably lethal forms of infection, e.g. novel forms of H1N1, Ebola virus, the new regulations carry a much broader and ominously more nebulous definition:
By its terms, subsection (a) does not seek to limit the types of communicable diseases for which regulations may be enacted, but rather applies to all communicable diseases that may impact human health.
The CDC/HHS radically changed their definition of what constitutes an “ill person” ” by including a wide range of vague symptoms such as ill appearance and headache in lieu of objective signs, now to be formally assessed by officials without medical training (ie flight attendant, transportation worker).
Moreover, simply being identified as having been at risk of recent exposure makes one classifiable as having a “precommunicable disease,” which can thereby result in one’s apprehension and quarantine.
HHS/CDC defines precommunicable stage to mean the stage beginning upon an individual’s earliest opportunity for exposure to an infectious agent and ending upon the individual entering or reentering the communicable stage of the disease or, if the individual does not enter the communicable stage, the latest date at which the individual could reasonably be expected to have the potential to enter or reenter the communicable stage…
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