BREAKING: Medical Martial Law has Begun and What You Need to Know

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Back on October 18, 2016 I did a show on Flock of Goats Preparedness the new Medical Martial Law regulations.  It lay in wait until now.  Rockland County Executive Ed Day held a press conference earlier today to announce that he had declared a "state of emergency" regarding the New York state county's 153 cases of measles over a 6-month period, and placed a ban on all children under the age of 18 from appearing in any public area, which includes schools, malls and places of worship.  Here is what you need to know about this insidious regulation. 

In 1999 when most of the world was fixed on the imminent Y2K a nefarious gathering took place in Key West, Florida of the Society for Tropical Veterinary Medicine. The theme of this particular conference was “Tropical Diseases: Control and  Prevention in the Context of  “The New World Order.  Quietly, the scientists talked about a pandemic of tropical diseases that would soon explode onto the global scene.  At the time, nobody thought much about tropical diseases being a threat to America.  The conference theme song, Jimmy Buffett’s, Change in Latitude and a Change in Attitude and it has cast a dark foreboding prophetic message that change was coming.    Today migrants, illegal refugees, flood into other nation’s breaking sovereign border laws and bringing with them untold tropical diseases.  Whether real, perceived or concocted for political gain we are now facing Medical Martial Law by the CDC and HHS who have introduced a new 88 page regulation for dealing with communicable diseases.  It will impact each one of us.

Back in July of 2008 a 54-page document was published creating a framework between the CDC, Public Health, Law Enforcement, Judiciary, and Department of Corrections to help take care of what ails you when you come down with a bug. If this comprehensive legal framework doesn’t cure you fast nothing will. It contains the information you need to know about quarantine, jail, the courts, law enforcement…balancing your health and legal rights with the community at large.

Constitutionally Speaking

As we review the new regulation let us bring to recollection our Constitutional protections.  The Founding Fathers inserted these things to keep us safe.  The biggest threat to our form of government is public health because it was kept vague because hygiene and health were life and death issues back in the day.

CDC

At the federal level are various agencies and more than 3,000 health departments dealing with animal and human health. The Center of Disease Control and Prevention (CDC) was established in 1946 in response to malaria affecting US military personnel.  In 1970 it was renamed to CDC and became responsible for non-communicable diseases as well. The CDC was further transformed by the Preventative Health Amendment of 1992 charging it to provide direction in disease prevention, injury and disability. The lead agency for biosurveillance is the CDC. It is a non-regulatory agency that is part of the Department of Health and Human Services (HHS).  The CDC is responsible for collecting, analyzing and disseminating national disease and mortality data to public, state and local health agencies.

The CDC promulgates goals and standards, and encourages their adoption by making them required for CDC controlled incentive funding. Among the many jobs of the CDC is to create surveillance and health monitoring software.

 The responsibilities and scope of the CDC include:

  • Monitoring the impact of disease surveillance
  • Identifying individuals and groups that have conditions through testing
  • Reporting of collected information to appropriate agencies and entities
  • Partner notification
  • Prevention services
  • Counseling and education
  • Services for poor and vulnerable populations

All health organizations have one basic structure in three formats. The basic structure is a Secretary with various departments under him. They operate in the following ways:1.Indirect -- which is headed by a Director or Secretary who oversees the functions of:  communication, environmental health, laboratory, communicable diseases, and chronic diseases.2. Direct -- as in the case of some states such as Missouri, the state health department has direct control and authority for supervision of local health departments.3.Independent -- as in California and Illinois with local run health departments operated by a local Board of Commissioners.

The OIE works in conjunction with the Center of Disease Control and Prevention (CDC).The OIE wildlife group monitors diseases which affect livestock and wildlife while the CDC animal section monitors zoonotic diseases, those which affect animals and humans.

The States

The 10th Amendment of the US Constitution clearly defines for the states the authority and primary responsibility for protecting public health. Each state carries out legislation and develops regulations to fulfill its obligation. Each state has primary authority and responsibility to protect human and animal health. States can, and often do delegate this authority to local government.

State Department of Health-Governmental Public Health Organization-State

There are more than 60 state and tribal health departments that engage in state health, disease and pest programs. Some are part of the national program(s) while others are not. State and local health departments are charged with the following:

  • License and regulate overall health issues which may include the environment.
  • Safety and sanitation
  • Inspections
  • Nuisance disputes
  • Risky behavior situations (possibly affecting another person)
  • Regulate healthcare quality
  • Surveillance standards, regulations, methods
  • Unique to state control are certain disease controls, immunization and state statistical services.

Local Health Departments-Governmental Public Health Organization-County

These departments reports diseases within their jurisdiction to state and federal agencies. Various departments within the local health department are responsible for communicable disease, community assessment, outreach and education, environmental health services, epidemiology, food safety, health education, restaurant and TB education. A small number of local health departments treat behavioral, mental health and veterinary health issues. Your local health Department is instrumental in collaborating with State and the CDC for compiling a list of notifiable diseases which impact your community and the nation as a whole. Recently the global organizations have created two lists which are required to be reported to them due to the increase of international trade.

Local government has the primary lead in biosurveillance, the collection of some of your most intimate data.

The rest of the responsibilities are listed above under the state, which works closely with local government, though there are unique and distinguishing differences.

Now let us examine how the CDC has overstepped it’s authority and jurisdiction with this new communicable disease regulation.

Summary

This is a regulation is codifying (codification is the systematic collection and arrangement of regulations) HHS/CDC’s activities including:

  • Individual apprehension and examination or examined for potential infection with a quarantinable communicable disease.
  • Public health prevention measures -traveler health screening at U.S. ports and transportation hubs including railway stations, bus terminals);
  • Monitoring of persons through electronic and internet-based means, such as email and webcam application tools.
  • Implementation of travel restrictions and issuance of travel permits by CDC for individuals under Federal quarantine, isolation, or conditional release orders, or in response to a state or local request for assistance;
  • Supposed due process for persons served with a Federal public health isolation an quarantine including requiring HHS/CDC explain the reasons for issuing such an order,
  • Administrative processes for appealing the order,
  • Mandatory reassessment of the order.

As we begin to review this regulation it is critical to note that the rules of the game change during times of war.  For all practical purposes we are at war right now but in the future, when we least expect it, these rules that we will be looking at will change to escalate draconian police powers.

Definitions

Unfortunately, we need to talk about definitions because these are part of your toolkit to fight medical police powers actions.  You need to familiarize yourself with them ahead of time so you know what they are and how to use them.  If you have questions, now is the time to ask, not down the road when you have been detained, quarantined:

A communicable disease as an illness due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from an infected person or animal or a reservoir to a susceptible host, either directly or indirectly through an intermediate animal host, vector, or the inanimate environment.

This regulation does not seek to limit the types of communicable but rather applies to ALL communicable diseases that may impact human health.  At present the following diseases are listed but as previously mentioned all communicable diseases are include:

Cholera, diphtheria, infectious tuberculosis (TB), plague, smallpox, yellow fever, and viral hemorrhagic fevers (such as Marburg, Ebola, Lassa fever, and Crimean-Congo), severe acute respiratory syndromes, and influenza caused by novel or re-emergent influenza viruses that are causing or have the potential to cause a pandemic.

As a signatory to many international treaties and in harmony with the United Nations the US is slowly implementing all of the notifiable diseases enumerated in the 1500 page Terrestrial Animal Health Code.  They do classify humans as animals for their purposes and in their documents. 

The Terrestrial Animal Health Code is a Living Document which means it changes all the time.  What is communicable on day is not the next.  But typically once labeled the list just grows and no diseases are removed. 

Apprehension means the temporary taking into custody of an individual or group for purposes of determining whether quarantine, isolation, or conditional release is warranted.

Reasonably believed to be infected, as applied to an individual, means specific articulable facts upon which a public health officer could reasonably draw the inference that an individual has been exposed, either directly or indirectly, to the infectious agent that causes a quarantinable communicable disease, as through contact with an infected person or an infected person’s bodily fluids, a contaminated environment, or through an intermediate host or vector, and that as a consequence of the exposure, the individual is or may be harboring in the body the infectious agent of that quarantinable communicable disease.

The term reasonable removes you from Constitutional protections of probable cause with a warrant and due process according to our Rule of Law.  Reasonable is subjective from the perspective of the agency.  In a crime someone has to have opportunity and motive…well the agency has both and with police powers they have the power to carry out their mandates.

Contaminated environment means the presence of an infectious agent on a surface, including on inanimate articles, or in a substance, including food, water, or in the air.  Due to the fact that our food is contaminated as are our water and air so by default the agencies are claiming police powers with the authority to do as they wish with all of us at any time and for any reason. 

Isolation or social distancing separates sick people with a contagious disease from people who are not sick.

Quarantine separates and restricts the movement of people who were exposed to a contagious disease to see if they become sick.

Modern quarantine includes a range of disease control strategies that may be used individually or in combination, including:

  • Short-term, voluntary home curfew.  The CDC is discussing 72 hour initial.
  • Restrictions on the assembly of groups of people (for example, school events).
  • Cancellation of public events.
  • Suspension of public gatherings and closings of public places (such as theaters).
  • Restrictions on travel (air, rail, water, motor vehicle, pedestrian).
  • Closure of mass transit systems.
  • Restrictions on passage into and out of an area.

Modern quarantine is used in combination with other public health tools, such as:

  • Enhanced disease surveillance and symptom monitoring.
  • Rapid diagnosis and treatment for those who fall ill.
  • Preventive treatment for quarantined individuals, including vaccination or prophylactic treatment, depending on the disease.

Modern quarantine does not have to be absolute to be effective. Research suggests that in some cases partial quarantine (that is, quarantine of many exposed persons but not all of them) can be effective in slowing the rate of the spread of a disease, especially when combined with vaccination.

Modern quarantine is more likely to involve limited numbers of exposed persons in small areas than to involve large numbers of persons in whole neighborhoods or cities. The small areas may be thought of as "rings" drawn around individual disease cases

Twenty U.S. Quarantine Stations, located at ports of entry and land border crossings, use these public health practices as part of a comprehensive Quarantine System that serves to limit the introduction of infectious diseases into the United States but anyone, anywhere can be quarantined under this new regulation.

Quarantine Goes Awry:  I was doing some lobbying in WA State and during the public hearing the State Veterinarian Dr. Leonard Eldridge who relayed the following:  He was talking about some horses that were quarantined in Eastern Washington during the early 2000’s.  They had received a protozoa from a tick bites causing piroplamosis.  The horses were outside in a corral.  He bragged about these quarantined horses.  The unfortunate thing is that the ticks were not quarantined and what he did is create a vector pool to contaminate other animals and humans who lived in the area. 

Agreement refers to the contractual agreement entered into between the CDC and an individual.  It clarifies that the individual will observe public health measures authorized. The CDC considers it reasonably necessary to protect the public’s health, including quarantine, isolation, conditional release, medical examination, hospitalization, vaccination, and treatment for the communal good. 

Do not sign this agreement.  There will be consequences if you do not agree.  It is a contract and the agencies will hold you responsible to the letter and spirit of the regulation and agreement. 

When presented with any agreement always read the fine print.  Most government contracts bind you to numerous Executive Orders, Acts, and so forth that may violate your spiritual, moral or ethical value system and world-view as well as your Constitutional Rights.

Communicable period means the period during which an infectious agent may be transmitted either directly or indirectly from an infected individual to another individual.

Severe acute respiratory syndromes as follows: ‘‘Severe acute respiratory syndromes, which are diseases that are associated with fever and signs and symptoms of pneumonia or other respiratory illness, are capable of being transmitted from person to person, and that either are causing, or have the potential to cause, a pandemic, or, upon infection, are highly likely to cause mortality or serious morbidity if not properly controlled. This subsection does not apply to influenza.

Qualifying stage means that the communicable disease is in ‘‘a precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals.’’

Things really get dicey here.  Many vaccinations are Live Vaccinations which means that for 10-45 days you are able to communicable to others. 

My experience with the Shingles Vaccine

 If you receive a live vaccine you are communicable in the qualifying stage, precommunicable stage, or communicable stage.  This regulation makes it against the law to go to another state or even go to school, church or work.  

Conditional release means ‘‘surveillance’’ 42 CFR 71.1 and update the definition to include public health supervision through in-person visits by a public health official (or designee), telephone, or through electronic or internet-based monitoring, video chat, computer, mobile, and tablet communication for a person who MAY (not confirmation necessary) have been exposed.  Another troubling aspect of the conditional release is the health designee.  That could mean the dog catcher or a veterinarian or it could be anyone off the street.

Electronic or internet-based monitoring is defined as referring to mechanisms or technologies allowing for the temporary public health supervision of an individual under conditional release, including electronic mail, SMS texts, video conference or webcam technologies, integrated voice- response systems, entry of information into a web-based forum, wearable tracking technologies, and other mechanisms or technologies as determined by the Director or supervising health authority. 

Wearable technologies include GPS and RFID patches, wrist watches, jewelry, even hair accessories. 

You become a prisoner for merely becoming ill.  Where will you draw your red line for privacy and freedom?

Medical representative is a medical representative means a physician, nurse practitioner, or similar medical professional qualified in the diagnosis and treatment of infectious diseases who is appointed by the HHS Secretary or CDC Director.  The mere fact that they are appointed provides a bias towards the CDC/HHS agenda and position while your medical representative may be called into question for whatever reason.  A person is beholding to whomever signs the pay check so beware of this bias. 

Medical reviewer means a physician, nurse practitioner, or similar medical professional qualified in the diagnosis and treatment of infectious diseases who is appointed by the HHS Secretary or CDC Director to conduct a medical review.  The same argument holds to true with the medical reviewer as with the medical representative. 

Non-invasive are ‘‘procedures conducted by an authorized health worker or other individual with suitable training and includes the visual examination of the ear, nose, and mouth; temperature assessments using an ear, oral, or cutaneous or noncontact thermometer or thermal imaging; auscultation (stethoscope); external palpation; external measurement of blood pressure; and other procedures not involving the puncture or incision of the skin or insertion of an instrument or foreign material into the body or a body cavity, except the ear, nose, or mouth.’’ 

Although not enumerated in this document this not preclude DNA collection as it is considered non invasive.  One must question whether a body cavity search would be allowable as a manual cavity search would not be an instrument or a foreign material.  Medical TSA here we come.

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.  Consider Shingles vaccination…

Public health emergency as means:

  • Any communicable disease event as determined by the CDC Director with either documented or significant potential for regional, national, or international communicable disease spread or that is highly likely to cause death or serious illness if not properly controlled;
  • Any communicable disease event described in a declaration by the Secretary;
  • Any communicable disease event the occurrence of which is notified to the World Health Organization WHO or covered by International Health Regulations IHR
  • One that may constitute a Public Health Emergency of International Concern.

Incubation period means the time from the moment of exposure to an infectious agent that causes a communicable disease until signs and symptoms of the communicable disease appear in the individual. For a quarantinable communicable disease, incubation period means the precommunicable stage.

Indigent means an individual whose annual family income is below 150% of the applicable poverty guidelines.  For 2 people that is $23,895.

Medical examination is the assessment of an individual by an authorized health worker to determine the individual’s health status and potential public health risk to others and may include the taking of a medical history, a physical examination, and collection of human biological samples for laboratory testing as may be needed to diagnose or confirm the presence or extent of infection with a quarantinable communicable disease.

Once again, that person may not be your doctor or nurse.  Once this examination is completed although the federal government says it is private if any Third Party touches it during processing then in becomes public information. 

It remains to be seen where these medical examinations will be held.  In public area with bystanders and gawkers or in private where abuses can occur once the doors are shut. 

Public health prevention measures is the assessment of an individual through non-invasive procedures and other means, such as observation, questioning, review of travel documents, records review, and other non-invasive means, to determine the individual’s health status and potential public health risk to others. 

Checkpoints have already been inserted to law via various unrelated legislation's so what we face are Hitleresque interrogations when we plan to travel, or depending upon the situation, even when we gather with others.

Qualifying stage is statutorily defined (42 U.S.C. 264(d)(2)) to mean: (1) The communicable stage of a quarantinable communicable disease; or (2) The precommunicable stage of the quarantinable communicable disease, but only if the quarantinable communicable disease would be likely to cause a public health emergency if transmitted to other individuals.

CDC/HHS has crafted who an ill person is (you can have one of more of the following symptoms).  While craft is not a legal term per se it is usually associated with “fraud” and “artifice” being cunning and tricky with guile. 

  • Fever of 100.4 °F (38°C) or greater, feels warm to the touch, or gives a history of feeling feverish, flushed face, glassy eyes, or chills as possible indications of the presence of a fever.
  • Skin rash: This term means that the individual has areas on the skin with multiple red bumps; red, flat spots; or blister-like bumps filled with fluid or pus that are intact or partly crusted over. The rash may be discrete or may run together, and may include one area of the body, such as the face, or more than one area.
  • Difficulty breathing: This term means that the individual is gasping for air, is unable to ‘‘catch’’ his/her breath, is breathing too fast and shallow to get enough air, or cannot control his/her own secretions.
  • Persistent cough: This term means that the cough is frequent and severe that is noticeable by others.
  • Decreased consciousness or confusion of recent onset: This term means that the individual is not fully aware of his/her surroundings or may be unusually difficult to awaken. The individual may appear to be confused or disoriented.
  • Bruising or bleeding (without previous injury): This term means that the person has noticeable and unusual bruising or bleeding from gums, ears, nose or areas on skin for which there is no obvious explanation.
  • Persistent diarrhea: This term means that the diarrhea is frequent and severe enough that others notice. 
  • Persistent vomiting: This term means that the individual has vomited two or more times (not due to air or sea sickness) that others notice. 

My question is will our health care providers become informants when we go to see them as a condition of retaining their license to practice medicine?

Claimed Legal Authority

The enforcing agencies claim that sections 361 and 362 of the Public Health Service Act (42 U.S.C. 264, 265). Section 361, among other things, authorizes the Secretary of HHS to make (in other words use police powers) to enforce regulations as in the Secretary’s judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the states or possessions of the United States and from one state or possession into any other state or possession.

Section 361(a) (42 U.S.C. 264(a)) authorizes the Secretary to promulgate and enforce a variety of public health regulations to prevent the spread of these communicable diseases including: Inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be sources of dangerous infection to human beings, and other measures.  As we see with the Zika fumigation we will witness large numbers  of people and animals killed as a result.  Are agencies now so brazen to come to inspect our private homes and businesses in the War on Communicable Diseases?  This is absolutely not Constitutional despite the agency flowery Constitutional claims. 

Section 361(b) (42 U.S.C. 264(b)) authorizes the ‘‘apprehension, detention, or conditional release’’ of individuals for the purpose of preventing the introduction, transmission, and spread of a limited subset of communicable diseases, specifically those communicable diseases by Presidential Executive Order or by collaboration.

Section 311 authorizes the Secretary to accept state and local assistance in the enforcement of quarantine rules and regulations and to assist states and their political subdivisions in the control of communicable diseases.

Section 321 provides for the selection, establishment, control, management, and operation of institutions, hospitals, and stations as may be necessary to carry out public health functions.

Section 322 authorizes payment for the care and treatment, in a public or private facility, of individuals detained in accordance with quarantine laws.

 

Historical Background for This Rulemaking

On August 16, 2000, the Secretary transferred the authority for interstate control of communicable disease, including the authority to apprehend, examine, detain, and conditionally release individuals moving from one state into another from the U.S. Food and Drug Administration (FDA) to CDC.  The FDA retains its concurrent regulatory authority of regulating animals and other products that may transmit or spread communicable diseases interstate. Thus, both CDC and FDA work in coordination.

On November 30, 2005, HHS/CDC published a notice of proposed rulemaking (70 FR 71892) proposing to update its existing foreign and interstate quarantine regulations.  Due to the quantity of comments that proposal was rescinded.  This proposal does not contain any provisions affecting Tribal lands, authorizing quarantine ‘‘in time of war,’’ or altering HHS/CDC practices in regard to ‘‘bills of health’’ or yellow fever vaccination centers.

Rationale for Notice of Proposed Rulemaking

  • Ebola which is not native the United States except from travelers returning from infected areas.
  • MERS which originates in the Middle-East and is a camel disease.
  • Measles despite the fact that on September 26, 2016 the World Health Organization declared that both North and South America had been eradicated from measles.

 Measles has been declared eradicated and so it is against the regulations to allow anyplace in the US to have outbreaks of measles.  

Communicable Disease Detection Operations

  • The CDC may conduct public health prevention measures at U.S. airports, sea ports, railway stations bus terminals, and other locations where individuals may gather to engage in interstate travel such as the highway or other public roads. 
  • The CDC operation will conduct non-invasive procedures determined appropriate by the CDC to detect the presence of communicable diseases.
  • The CDC may require individuals to provide contact information such as U.S. and foreign addresses, telephone numbers, email addresses, and other contact information, as well as information concerning their intended destination, health status, and travel history.

Apprehension and Detention

The CDC may authorize the apprehension, medical examination, quarantine, isolation, or conditional release of any individual for the purpose of preventing the introduction, transmission, and spread of quarantinable communicable diseases, as specified by Executive Order, based upon a finding that:

  • The individual is reasonably believed to be infected with a quarantinable communicable disease in a qualifying stage moving about interstate
  • The individual is reasonably believed to be infected with a quarantinable communicable disease in a qualifying stage and constitutes a probable source of infection to other individuals who may be moving from a state into another state.

The term move was craftily chosen as it is a legal term whereby you are petitioning the court for a rule or order to take any action.  In this context the common use of the word is not being applied and will entrap people. 

Forced Medical Examinations

Right now the federal government is haggling over whether you should be required to submit to a medical examination before or after you are served with a Federal quarantine, isolation, and conditional release. It is the old saying…what came first the chicken or the egg?  Are you guilty first and then have to prove your innocence or are you innocent until proven guilty. 

A thorough medical history, a physical examination including:
  • Visual examination of the ear, nose, and mouth;
  • Temperature assessments using an ear, oral, or cutaneous or noncontact thermometer or thermal imaging;
  • Auscultation (listening with a stethoscope);
  • External palpation;
  • External measurement of blood pressure;
  • Other procedures not involving the puncture or incision of the skin or insertion of an instrument or foreign material into the body or a body cavity, except the ear, nose, or mouth.
  • Collection of human biological samples for laboratory testing including DNA

Penalties

Penalties for violating this regulation are a Class A Misdemeanor and fines begin at $1,000 and prison for no deaths and escalate upwards depending upon the situation and death count.

Medical Review

You can request a medical review. This is the only type of hearing that you are allowed under this regulation.  This is the venue to can dispute your federal order of quarantine, isolation, or conditional release. That said, this review will only examine if the agency information is medically accurate and that the agency is following the law, period. 

This is not an Administrative Hearing before any governmental agency or before an administrative law judge. Such hearings can range from simple arguments to what amounts to a trial. There is no jury, but the agency or the administrative law judge will make a ruling. 

It is important to consider two vital factors in dealing with administrative agencies: 1) the rules and regulations are often special for each agency and are not usually found in the statutes but in those regulations; 2) a member of the public must "exhaust his/her administrative remedies" (take every step, including appeals) with the agency and its system before he/she can challenge the administrative ruling with a lawsuit in court. There are exceptions (such as emergency or obvious futility) to exhausting one's remedies, but those are rare.

You are have the option to choose anyone to represent you at the review AT YOUR OWN COST.

If you are an indigent and cannot afford representation the HHS/CDC will appoint a medical representative to provide at the government’s expense.   Beware these are appointed by CDC/HHS and they may not have your best interest at heart. 

The HHS/ CDC views the medical review process as a medical fact-finding.  The medical representative’s role will be to assist the indigent individual with the examination of witnesses and the presentation of factual and scientific evidence during the medical review.

The CDC will only review your appeal “as soon as practicable” which could be a very long time in some instances. 

A request for a medical review may only occur after the CDC’s mandatory reassessment under §70.15 and following the issuance of a Federal order continuing or modifying the quarantine, isolation, or conditional release.

The medical review shall be for the purpose of ascertaining whether the CDC has a reasonable belief that you are infected with a quarantinable communicable disease in a qualifying stage.

The CDC shall notify you in writing of the time and place of the medical review.

The CDC shall designate a medical reviewer to review the medical or other evidence presented at the review, make medical or other findings of fact, and issue a recommendation concerning whether the Federal order for quarantine, isolation, or conditional release should be rescinded, continued, or modified.

You are only allowed to present a reasonable number of medical experts.

Prior to the convening of the review, you or your authorized representative shall be provided a reasonable opportunity, to examine the available medical and other records involved in the medical review that pertain to that individual.

The CDC shall take such measures that it determines to be reasonably necessary to allow you to communicate with an authorized representative in such a manner as to prevent the possible spread of the quarantinable communicable disease.

The medical reviewer may order a medical examination of an individual when, in the medical reviewer’s professional judgment, such an examination would assist in assessing the individual’s medical condition.

At the conclusion of the review, the medical reviewer shall, based upon his or her review of the facts and other evidence made available during the medical review, issue a written report to the Director as to whether, in the medical reviewer’s professional judgment, the Federal quarantine, isolation, or conditional release should be rescinded, continued, or modified. The written report shall be served on the individual and the individual’s authorized representative.

Upon conclusion of the review, the Director shall promptly issue a written Federal order directing that the quarantine, isolation, or conditional release be continued, modified, or rescinded. In the event that the Director continues or modifies the Federal quarantine, isolation, or conditional release, the Director’s written order shall include a statement that the individual may request that the CDC rescind the Federal quarantine, isolation, or conditional release, but based only on a showing of significant, new or changed facts or medical evidence that raise a genuine issue as to whether the individual should continue to be subject to Federal quarantine, isolation, or conditional release.

Appeal Process for a Denied Travel Permit

If an individual is denied an application for a travel permit, the denial will be issued in writing. The letter of denial will include the reasons for the denial as well as detailed instructions on whom to contact for questions, including name, address, and telephone number, as well as how to submit an appeal.

If you wish to contest HHS/CDC’s determination will have 10 calendar days after receiving the letter of denial to submit an appeal.

The appeal must be submitted in writing to the CDC, stating the reasons for the appeal and showing that there is a genuine and material issue of fact in dispute.

Individuals should include also the reference number listed in the notification letter they received.

The appeal should be addressed to: Director, Division of Global Migration and Quarantine, ATTN: Travel Restriction and Intervention Activity.

October 25, 2016

If there is an epidemic or pandemic you can expect:

  • Media blackout
  • Due to surge you may be denied access to a physician and/or medication
  • You will more than likely not have access to 911 or paramedics
  • You may not be allowed to go to work, school, or even get groceries.
  • Police or other law enforcement officers may be used to enforce a public health order.  
  • Breaking a federal quarantine order is punishable by fines and imprisonment.

Summary

  • Individual apprehension and examination or examined for potential infection with a quarantinable communicable disease.
  • Public health prevention measures -traveler health screening at U.S. ports and transportation hubs including railway stations, bus terminals);
  • Monitoring of persons through electronic and internet-based means, such as email and webcam application tools.
  • Implementation of travel restrictions and issuance of travel permits by CDC for individuals under Federal quarantine, isolation, or conditional release orders, or in response to a state or local request for assistance;
  • Supposed due process for persons served with a Federal public health isolation an quarantine including requiring HHS/CDC explain the reasons for issuing such an order,
  • Administrative processes for appealing the order,
  • Mandatory reassessment of the order.

Contractual Agreements

Your consent shall not be considered as a prerequisite to the exercise of the CDC’s authority.

If the HHS/CDC considers it “reasonably necessary” the agencies will force you into a contractual “agreement” that states that you understand and agree:

Any of the public health measures authorized including quarantine, isolation, conditional release, medical examination, hospitalization, vaccination, and treatment.

In circumstances where an individual is unable to confirm agreement, for instance a minor or an individual with a cognitive disability or other incapacity, CDC may enter into an agreement with a parent or other appropriate guardian authorized to act on the individual’s behalf.

HHS/CDC believes that the availability of agreements is an important tool to obtain an individual’s COMPLIANCE with public health measures and as a means of building trust with the individual.

An agreement, for instance, may be used in circumstances where an individual agrees to not engage in travel, limit social contacts, or remain in home quarantine.

You will be forced into agreeing to this “agreement” on a voluntary basis and the fine print will say that you are not being coerced or under duress.  Voluntary is the cornerstone of all federal programs, with full knowledge of the facts and circumstances of your case.

If you decline the federal agency invitation you will not face criminal or other penalties for not entering into such agreements.

However the consequences for individuals who violate the terms of the agreement or the terms of the Federal order for quarantine, isolation, or conditional release (even if no agreement is in place between the individual and the government), he or she may be subject to criminal penalties as explained in the preamble to section 70.19.

Wearable Trackers and Surveillance

HHS/CDC has included requirements for ‘‘electronic or internet-based

monitoring’’ referring to mechanisms or technologies allowing for the temporary public health supervision of an individual under conditional release, including electronic mail, SMS texts, video conference or webcam technologies, integrated voice- response systems, entry of information into a web-based forum, wearable tracking technologies, video chat and voice calls from computers, tablets and mobile devices and other mechanisms or technologies as determined by the Director or supervising health authority. HHS/CDC desires this language to be broad to include new technologies such as implantable RFID chips and understands that this raises privacy implications for an individual who is reasonably believed to be infected with a quarantinable communicable disease and who is subject to a conditional release order.

Who Pays?

While the CDC and HHS have all the power to examine you, quarantine you, prevent you from your daily affairs and travel all this costs money.  Who pays?  He who created the regulatory chaos is last on the list to pay for services rendered, and they certainly will not be paying for lost wages, travel, etc… etc…  You may have to cough up any expenses incurred.  On occasion your insurance company may pay but they have known that this was coming for many years and so they may have inserted clauses in their contract with you about payment for these types of situations.  Typically, in the past, those who were isolated, quarantined, etc… felt the sting of expenses.  If you would like the proposed regulation goes into the minutia of who pays but it is tedious and basically they pretty much let themselves off the hook except when one is indigent. 

Data, Data Everywhere

This bureaucracy will create allot of data.  Despite the siren songs of privacy your data will not be kept secret or private.  It is going to be swapped, traded, sold, shared with other collaborators. 

Of Mice and Men

This regulation also covers animals and animal products that may be diseased.  The most notable thing missing were diseased people.  While it is true that to some degree this regulation may address those people coming the US with exotic diseases it was really created to control the American people. 

What Other Things are In-Play to Create this Medical Martial Law Monster?

Executive Order 13563-Agencies are asked to consider all feasible alternatives to current practice and the rulemaking as drafted. HHS/ CDC notes that the main impact of the proposals within this rule is to strengthen our regulations by codifying statutory language to describe HHS/ CDC’s authority to prevent the introduction, transmission, and spread of communicable diseases. The intent of these proposed updates is to best protect U.S. public health and to inform the regulated community of these updates.

Executive Order 12866, Regulatory Planning and Review

The Regulatory Flexibility Act

Paperwork Reduction Act of 1995

National Environmental Policy Act (NEPA) created in 1969 and is the first law that establishes broad national framework for protecting the environment.  Do I hear Agenda 21 (2030) ringing in my ears? 

Executive Order 12988: Civil Justice Reform created in 1996 can you say Billy boy Clinton?  In order to improve access to justice for all persons

who wish to avail themselves of court and administrative adjudicatory tribunals to resolve disputes and to only allow “meritorious” civil claims preventing “needless litigation”.  It also supposedly promotes “fairness” depending upon who you are, of course.  To transform our system of law to administrate tribunals in preparation for global tribunals. 

Executive Order 13132: Federalism  created in 1999 by Billy Boy again as a tool between federal, state and local governments and furthers unfunded mandates. 

Plain Language Act of 2010

Solutions

 Individual apprehension and examination or examined for potential infection with a quarantinable communicable disease.

Apprehension

  • Ask if you are free to leave.
  • Ask if you are being arrested.
  • Always deal with a supervisor. 
  • Do not run from this situation it gives the appearance that you are guilty.
  • Always carry with you the Public Servant Questionnaire and ask every single person apprehending you to fill it out. Email me for the Public Servant Questionnaire. 
  • Ask for detailed clarity on why you are being apprehended.  The 5 w’s come to mind.  Who, what, where, why, when.
  • From the moment you are detained try to record all interactions with your phone or other recording device. 
  • Always get the name of all individuals involved in your detainment.
  • Make mental notes of attitude, surroundings, engagements, or anything that you feel is important.  This is the time to use your situational awareness or mindful living skills.
  • Be aware that legal orders, motions, and templates authorizing medical evaluation of non-compliant persons who may be ill may have been initiated. 

Forced Examinations

  • Become familiar with what this regulation permits and does not permit.  The regulation itself is a bit ambiguous saying a qualified medical person may take biological samples and yet it says that they may not do anything invasive like a blood draw.
  • Get the name and medical qualifications of each individual involved in your forced medical exam.  Have them fill out the Public Servant Questionnaire. 
  • Ask for clarity on why you are being forcefully examined.
  • Request a medical doctor, although you probably will not get one.
  • Do not allow them to take DNA. 
  • Be aware that under this regulation, although not specifically addressed it leaves it open for cavity searches.  Decide now how you want to handle that situation.  Do you want it recorded?
  • Have a pre-written letter requesting copies of all medical records and hand it to the supervisor. 
  • Unless immediately quarantined, and every time you are forcefully examined, go to your family doctor (preferably) or nearest clinic for a Third Party examination. 
  • Immediately after a forced examination file a FOIA request for all records relating to the day in question including outbreak, your detention, and your forced medical exam. 
  • During WWII people were not given a choice on if they consented for a forced examination. 
  • Prayer is helpful to keep you calm and detached from this intrusion into your body and privacy.
  • After a forced examination you may want to talk with a spiritual mentor, friend, spouse or a compassionate person that you know as you process the feelings of violation and abuse.

Public Screening

  • According to this regulation any time you are in public or any where you can be forcibly screened for public health safety measures. 
  • This screening may not include invasive procedures but your definition of invasive will be different than a public health safety officer. 
  • For your safety and security I would request that any Public Health officer screening you fill out the Public Servant Questionnaire.  That way you know who is involved, where the data on your screening goes and why it is being conducted.  It will save time later if there is a problem such as quarantine. 

Electronic Surveillance

This regulation allows the federal government to use and all technology, including future technologies, to surveillance for public health threats.  You have zero privacy if you are using anything technological. 

You may be forced to engage in technological surveillance such as wearable technology for a Conditional Release.  Think of it as a get out of jail card, but it isn’t free.

Travel Restrictions, Quarantine, Isolation, Conditional Release

  • If in the government’s eyes there is a reasonable suspicion that you are ill travel restrictions can be implemented and issuance of travel permits can be issued.
  • Travel restrictions and travel permits are only for people who are designated as quarantined, isolated, or conditional release order so let’s say you can go to work. 
  • The CDC or HHS must issue you a written order for quarantine, isolation or conditional release.
  • Quarantine, isolation or conditional release is only for particular infections but those can change any minute by various entities.  For our purposes unless you are traveling abroad the ones that will impact you are respiratory infections and influenza. 
  • Ensure the existence of a statute, regulation, or other administrative mechanism that authorized isolation/quarantine.  Have them present that to you. 
  • States are responsible for the health of people in their state so if you have been served a Quarantine, isolation or conditional release appeal to the state department of health. 
  • Request a state DOH Administrative Hearing.  Each state will have its own rules for this so you will have to look up the agency, then Administrative Hearing.  There is a timeline to follow.
  • Request a federal medical review.
  • Request a mandatory reassessment of the order. 
  • Request availability of workers' compensation and/or other forms of financial support for persons unable to return to work because of a isolation/quarantine order.
  • Request a reintegration to persons under a isolation/Quarantine order such as letter to employer or school giving reason for your absence and that you are no longer contagious.  
  • Request the procedure for enforcement of isolation/quarantine orders.
  • Ask what type of memoranda of agreement (MOA) or understanding (MOU) allow for the loaning of facilities or other services necessary to implement a quarantine and/or isolation order for person who cannot be isolated at home (e.g., travelers, homeless populations).
  • Ask for a written data sharing/data use/confidentiality agreements related to sharing of confidential patient medical information between public health and other partners.

Due Process Considerations

  • Ensure there is a definition for all words that you are concerned about during your experience for instance terms such as "quarantine," "isolation," and "detention" .
  • Did you receive adequate notice, opportunity to contest, administrative determination?
  • Did you have access to legal counsel, if desired
  • Request the policies for to satisfy due process in different isolation/quarantine scenarios (e.g., "voluntary" home isolation, isolation in a guarded facility, exclusion from certain public activities).
  • Request the written plan for hearing cases and/or appeals for persons subject to isolation/quarantine orders (e.g., participation via telephone, video conference).

Understand …

You may be required to self-monitor for medical conditions (e.g., temperature checks) and (where applicable) via draft legal orders or contractual agreements.

Be aware that legal counsel has reviewed the feasibility of issuing "exclusion" orders (i.e., excluding contacts from using public transportation, attending public meetings) and, where applicable, drafted templates and legal orders.

Isolation/quarantine may be in a home, hospital, or other designated facility.

Vetted faith-based organizations to assist or provide services to persons in isolation and quarantine.

Get ready my friends, this localized incident will expand to the global beast that it is.  

__________________________________________________________

 

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Celeste has worked as a contractor for Homeland Security and FEMA. Her training and activation's include the infamous day of 911, flood and earthquake operations, mass casualty exercises, and numerous other operations. Celeste is FEMA certified and has completed the Professional Development Emergency Management Series.

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Celeste grew up in a military & governmental home with her father working for the Naval Warfare Center, and later as Assistant Director for Public Lands and Natural Resources, in both Washington State and California.

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