Model State Emergency Health Powers Act Threatens Civil Liberties

To: "Health Freedom, Codex Issues
Subject: Legislative Alert -- Model State Emergency Health Powers Act Threatens Civil Liberties - What do Do + Historical Analysis
From: "I A H F" jham@iahf.com
Date: Mon, 04 Feb 2002 10:30:52 -0500

IAHF List: Please read the enclosed alert very carefully, heed the "What you can do" advice and take a minute to do it, and forward this widely. We are at a critical moment in our nation's history as the Illuminati are pulling out all the stops to destroy America and force us into a global totalitarian state. Do not kid yourself, I am not being melodramatic, the CDC Model Emergency Powers legislation that all state legislatures are looking at right now was drafted at "Spook Central" aka Georgetown University School of Law. They're trying to take us down, they're trying to impose a total, absolute police state in Amerika right now and they WILL.... if we LET them.... because the Feds are saying to the states right now "Want Fed $$ for highway repairs in your state? Good, we thought you'd come across, we need you to pass this right away in your state." Use a search engine to locate the website of your state legislature. Communicate about this with them and network this info far and wide. The elite pondscum are counting on our not knowing the names of our State Senator and state delegate, and they're counting on our sitting on our hands. Want your house seized by the National Guard because you refuse to be vaccinated? Don't laugh!! Read this!!

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February 4, 2002

Legislative Alert!!!! The Model State Emergency Health Powers Act Threatens Civil Liberties

Watch out for The Model State Emergency Health Powers Act, released by the Centers for Disease Control and Prevention (CDC). As drafted, this legislation would limit the authority of the State Legislature. It would require a Commission, appointed by the Governor, to establish guidelines for reporting and tracking infectious diseases. It would subordinate all civil rights to the discretion of the public health authority once an emergency was declared by the Governor. It would establish a police state coordinated by the public health authority. CDC authorities and a state s governor would exercise their authority using mobilized National Guard units, according to James Lee Witt, former director of the Federal Emergency Management Agency (FEMA). It would infringe on medical privacy and informed consent. It would permit control or confiscation of private property ranging from medical supplies to real estate. It would establish new misdemeanor charges for disobedience to public health officials. The very passage of such legislation could serve as an incentive to those who wish to undermine the infrastructure of our states and our nation by means of bioterrorism.

The meaning of legislation is in the context past, present and future. German history has shown that all it takes to replace representative government with tyranny is a state of emergency. According to Marxist Ideology and Soviet Criminal Law, by J. R. Makepeace and Croon Helm, Jurisprudence of terror takes two forms; loosely defined rules which produce unpredictable law, and spontaneous changes in rules to best suit the state. The current context includes proposed legislation to set up a federal database and require biometric identification on driver s licenses. Current medical privacy law drafted to reduce medical privacy was passed in spite of 13 co-sponsors and over 61,000 comments opposing it. Under HIPPA, Health & Human Services (HHS)a unique identifier is establishing a central data base of patients medical records. Full implementation occurs in 2003. This is an offshoot of the 1993 Clinton health care plan. (Other pieces of the same plan have been implemented without media attention.) The National Vaccine Advisory Committee seeks to overcome if this model law is passed: 1) inconsistencies in state immunization registries, 2) inattention to adult immunization, and 3) inadequate funding to reach their goals. They also hope for new vaccines against HIV, malaria and tuberculosis. It won t be long before nanochips (small enough to be administered by a hypodermic syringe) will be available to track human beings by satellite (like they track lost pets or beef cattle.) Remember the words of Lord Acton:

All power tends to corrupt; absolute power corrupts absolutely.

Legislative authority bypassed:

1. Public Health Emergency Planning Commission, appointed by the Governor, including representatives of agencies deemed relevant by the Governor, with a chair designated by the Governor, to write the implementation. (The Lowry & Clinton Health Care Plans were to be set up the same way.) By setting up a Commission to write the implementation, this legislation facilitates future changes in the actual rules.

2. The Governor may consult with the health care authority before declaring a state of emergency, but this is not required. Criteria for a state of emergency include an imminent threat of an infectious disease. (This could include a declared public health emergency in a nearby state.)

3. Emergency powers authorize the Governor to Suspend the provisions of any regulatory statute . . . or the orders, rules and regulations of any State agency . . . deemed to conflict with the prompt action by the public health authority.

4. The Legislature (by a 2/3 vote of both houses) may terminate a state of public health emergency, but only after it has been in effect for 60 days. (Hopefully the state capitol won t be a target for bioterrorism. Otherwise too many legislators might be in quarantine themselves.)

Reporting and tracking

The systems to be set up for tracking diseases would go into effect as quickly as the Commission could set them up. No declared state of emergency would be required. The model act authorizes the public health authority to enforce orders to health care providers, pharmacists, and coroners to report any incidence or pattern potentially related to uncommon infectious diseases. Although it s hard to imagine in a free society, the local health department would interrogate suspected disease carriers regarding all recent contacts. An order of the public health authority for the purposes of tracking infectious diseases, shall be enforceable immediately by the public safety (law enforcement or militia) authority. (i.e. with or without a declaration of a state of public health emergency required) interviewing infected persons to identify anyone they might have caught it from or spread it to. HIV/AIDS is not specifically listed on open list targeted infectious diseases, whether because of minority pressure, or because they don t yet have an approved vaccine for it. The guidelines for sharing of private medical information, restricted to information necessary for the treatment, control, investigation, and prevention of a public health emergency, do not rule out forced DNA testing if the health authority deems it necessary for investigation.

Control of property by the public health authority during a public health emergency would include:

1. Closure, evacuation and/or decontamination of facilities

2. Decontamination or destruction of materials

3. Procurement (by condemnation or otherwise) of communication devises, carriers (i.e. vehicles, railroad cars, & other means of transportation), real estate (for housing medical personnel and quarantined individuals or groups), food, fuels, clothing, and health care facilities.

4. Procurement, rationing and distribution of health care supplies (considering current shortages).

5. Control, by rationing or otherwise, of firearms, explosives (gun control?), and alcoholic beverages

6. Control of roads (authority to close roads) and public areas

Control of individuals during by the public health authority would include:

1. Mandatory medical examinations

2. Emergency powers To establish and maintain places of isolation and quarantine, . . .

3. Mandatory vaccination and/or treatment Vaccination shall not be given if the public health authority has reason to know that a particular individual is likely to suffer from serious harm from a vaccination. (The testimony of one doctor would probably be sufficient to override concerns about a person's health.)

4. Criminal investigation: any specimen collected or test performed may be evidence in a criminal investigation,. . . Such evidence shall be provided, to aid in a relevant criminal investigation.

5. Exceptions to informed consent for access to medical records would include:

a. to federal agencies or authorities

b. to health care personnel

c. to avert a clear (undefined) danger . . . to public health

Adequate food is guaranteed, but possibly no more adequate than what is now served in hospitals and jails. Although the languages indicates quarantines are to be established in the least restrictive way possible, nothing is mentioned about keeping families together whenever possible.

New misdemeanor charges (immediate enforceable by a peace officer) would include:

a. For any health care provider who refuses to perform a medical exam (DNA tests not excluded). What would this do to patient rights?

b. For any person under quarantine orders to disobey those orders.

c. For any person to enter an isolation or quarantine premises without permission of the public health authority.

The minimum sentence for any of these misdemeanor charges would be one month in quarantine.

Legal recourse for persons in isolation or quarantine is limited to:

1. An initial hearing, before an emergency judge selected and trained according to guidelines to be established by the Public Health Emergency Planning Commission;

2. A second hearing after thirty days, within 72 hours of a request by the quarantined person. The public health authority is only required to prove compliance with their own rules.

3. A petition for remedies regarding his or her treatment and the terms and conditions of such quarantine.

4. Legal counsel would only be permitted, presumably at the expense of the individual.

Limited liability would exclude the following from financial accountability:

1. State and local officials, including the Governor and public health authority

2. Owners of property who voluntarily allow it to be used by the public health authority

3. Any individual or company contracted by the state or local government. (This may or may not include all doctors assigned to administer mandatory tests, vaccinations and treatments.)

4. Any health care professional brought in from out of state during a public health emergency

Obviously, patients rights to file suit in case of malpractice would be extremely limited.

Vaccines: assumed (not proven) to be safe and effective?

The official position is that antibiotics, vaccinations, and quarantine are the only effective remedies for the treatment and control of infectious diseases. Reliable sources of evidence for safer, more effective remedies are considered unscientific by authorities who consider the official position to be the only scientific position.

Even if vaccinations were absolutely necessary, we are concerned that in a state of emergency the demand for vaccines could be used to justify using batches, which should otherwise be rejected for reasons of

1. Poor quality control, as in the anthrax vaccine stored in Michigan

2. Having been in storage too long

3. Insufficient safety testing, especially regarding newer, genetically engineered vaccines

4. Hot lots for which the death rate is higher than average for that type of vaccine due to contamination or unreliable dosage.

Even vaccines that are safe for the general population may be unsafe for individuals with weak immune systems. Another concern is that existing anthrax vaccines are only effective against the less harmful skin anthrax, not against the inhalational anthrax recently used by terrorists.

The time to ask questions about the potential impact of this model law is before it s enacted, not after it goes into effect.

1. How will reporting and tracking guidelines impact medical privacy with or without a declared state of emergency?

2. What safeguards against abuse of authority and/or remedies in case of abuse would citizens have?

3. What historical evidence is there of a police state being terminated after a month or two?

4. What impact would two months of quarantine have on the state s infrastructure? On small business owners? On wage earners?

5. How would mandatory medical testing, vaccinations and treatment impact patients rights?

6. How impartially would emergency judges, preside over hearings, where all they re required to consider is probable cause of exposure to an infectious disease?

7. Why are they proposing a police state as the only solution to potential bioterrorism?

8. Why do they prefer the term public safety officers , or even peace officers , to law enforcement officers?

9. Why are they proposing evacuation rather than quarantining people in their homes?

10. Will individuals thought to have been exposed to a disease be quarantined with others who are infected?

11. Would a doctor subject to misdemeanor charges for refusing to administer tests be likely to refuse to administer the vaccines and or treatments preferred by the public health authority?

12. Is it probable to assume that a person facing quarantine for a month will be or more will get a fair hearing?

13. Is it logical to assume that a wage earners and small business owners will still be financially solvent after a month or more in quarantine?

14. What medical tests or other criteria will they establish for releasing individuals from quarantine?

15. Does the end justify the means?

FOR MORE INFORMATION

On the model legislation

The Model State Emergency Health Powers Act, as of October 23, 2001, Prepared by The Center for Law and the Public s Health at Georgetown and Johns Hopkins Universities, For the Centers for Disease Control and Prevention, In collaboration with the: National Governors Association, National Conference of State Legislatures, Association of State and Territorial Health Officials, National Association of City and County Health Officers, and National Association of Attorneys General. Contact information: Lawrence O. Gostin, J.D., LL.D (Hon), Professor and Director, Center for Law and the Public s Health, 600 New Jersey Avenue, N.W., Washington, D.C., 20001, (202) 662-9373, "mailto:gostin@law.georgetown.edu"

State of New York, S5841 Public Health Law TITLE . . . Creates the state emergency health powers act November 30, 2001, "http://www."

CDC advances totalitarian legislation under guise of public health : forced drugging, News release no. DITA-78; Tethadron Publishing Group, 206 North 4th Avenue, Suite 147, Sandpoint, Idaho 83864, "http://www.tetrahedron.org," 888-508-4787, (208)265-2575; . Contact Ingri Cassel @ (208)265-2575 or (800) 336-9266, "http://www.vaccinationsnews.com/Daily"

German Minister Rips 911 Case Open, "http://www.rumormillnews.net/cgi-bin/config.pl?read=16890" or "http://www.iahf.com/20020118.html

Unhealthy Tyranny, Investors Business Daily, Monday Dec. 3, 2001

CDC and Public Health Academicians propose mandatory vaccination and treatment for infectious diseases, Institute for Health Freedom, Health Freedom Watch, Nov./Dec., 2001

Borenstein, Seth; Vast quarantine role advocated for states, Detroit Free Press, Nov. 7, 2001, "http://www.freep.com"

New State of Emergency Powers Threaten Civil Liberties Unelected Officials Can Force Vaccination, Quarantines, Rationing & Property Seizures,

The American Association of Physicians and Surgeons(AAPS), http://www.aspsoline.org

On the context

The state of health privacy: An uneven terrain, August, 1999 Health Privacy Project, "http://www.healthprivacy.org/resources"

Less Medical Privacy, July 2001, PfAM, lhousden@televar.com

King, Rachel; (Open letter to Members of the House Judiciary Committee) "http://www.aclu.org/congress"

ID Cards Coming in the Back Door? Jan. 30, 2002, "http://www.eagleforum.org"

Rogers, Paul and Elise Ackerman; Oracle boss urges national ID cards, offers free software, Mercury News, Sept. 22, 2001

Schlafly, Phyllis; Follow the money on vaccines, Sept 5., 2001 "http://www.townhall.com/columnists/phyllisschlafly"

How the NSA Harasses Thousands of Law Abiding Americans Daily by the Usage of Remote Neural Monitoring (RNM), "http://www.iahf.com/nsa/20010214.html"

On Vaccines and Public Policy

Ruppel, Carol; Senators Take a New Look at the National Immunization Program, "http://www.vaccinationnews.com/Daily"

Zwillich, Todd; Congressman, Health Officials Spar Over Vaccine, 4/27/01 "http://www.vaccinationnews.com"

Phillips, Alan; Dispelling Vaccination Myths: An introduction to the contradictions between medical science and immunization policy, "http://chetday.com/vaccinationmyths.com" , last revision, May, 2001 http://www.unc.edu/~aphillips/www/chf

National Health Promotion Resolution of 2001, H.Res.115, Expressing the sense of the House of Representatives concerning health promotion and disease prevention, "http://thomas.loc.gov/gci-bin/query"

CDC Update: CDC Releases Draft Smallpox Response Plan, Nov. 26, 2001, "http://www.cdc.gov/" The plan does not call for mass vaccination in advance of a smallpox outbreak because the risk of side effects from the vaccine outweigh the risks of someone actually being exposed to the smallpox virus.

Heath: Vaccination Drive Needed Worldwide, © 1997, InterPress Service, "http://www.peacenet-info@igc.apc.prg." The plan of Children s Vaccine Initiative (CVI), supported by three UN agencies, the World Bank and the New York-based Rockefeller Foundation, is for the wider use of existing vaccines against several childhood diseases . . .

Whatever Happened to Informed Medical Consent? "http://www.vaccinenews.com"

Informed Consent Vaccines Parts 1 & 2", Summer/Autumn The Patients Voice, PfAM, lhousden@televar.com

On efficacy and safety of vaccines

Anderson, Kevin; US warns bio-terror cure websites, BBC Online Nov. 21, 2001

Black, Richard; Smallpox vaccine to be retained, BBC News, Jan. 11, 2002, "http://www.bbc.co.uk"

Edmonds, Scott; Judge agrees anthrax vaccine unsafe, May 5, 2000 Canoe, Canada s Internet Network,

Fisher, Barbara Loe; Smallpox and Forced Vaccination: what every American needs to know, The Vaccine Reaction, National Vaccine Information Center, Special Report, Winter, 2002 "http://www.909shot.com/smallpoxspecialrpt.htm"

Jacobson, Thomas W.; Domestic Policy & the United Nations, Focus on the Family, United Nations Brief No. 1, January, 2002

Mercola, Joseph; Shots in the Dark, "http://www.mercola.com/2000/oct/15/vaccines.htm"

Phillips, Alan; Dispelling Vaccination Myths: An introduction to the contradictions between medical science and immunization policy, "http://chetday.com/vaccinationmyths.com" , revised, May, 2001; part II, revised Feb.5, 1998 "http://www.unc.edu/~aphillips/www/chf"

Preston, Richard; The Demon in the Freezer, "http://www.gethealthyagain.com"

Sternberg. Steve; Experimental HIV vaccine in early phase of testing, USA Today, 8/13/2001, "http://www.usatdosay.com"

Strom, George and Svetlana Strom; Biological Warfare & Homeopathy, The Naturopathic Physician, NMD, Jan/Feb, 2002, PO Box 1377, Waldron, AR. 72928, 1-888-239-7248, E-mail: "mailto:editor@nmdmagazine.com"

Wallace, Alfred Russell; A Summary of the Proofs that Vaccination Does not Prevent Small-pox but Really Increases it. (S6161: 1904), "http://www.wku.edu"

Anthrax: The story so far, BC News December 19, 2001, "http://news.bbc..co.uk/hi/english"

Anthrax vaccine network issues formal protest against request to waive FDA rules . . . Dec. 18, 2001; "mailto:News@909shot.com"

What should I know about Smallpox? Legal Consumer Guide, "http://www.legalconsumerguide.com"

WHAT YOU CAN DO

Sign the petition. Urge President Bush to stop HHS from pushing this monstrous bill. Log on to "http://www.aapsonline.org" or call The AAPS Hotline at 800-419-4777.

Contact state officials, attorneys general, state health department and local officials. Call the legislative hotline in your State Capital.

Network to business leaders, newspapers, colleagues, friends, family, talk show hosts and everyone you meet.

Support PfAM and other true grass roots organizations dedicated to helping to preserve your freedoms.

Contact groups promoting the Model State Emergency Health Powers Act to voice your concerns:

Secretary Tommy Thompson, at U.S. Department of Health and Human Services, "http://www.hhs.gov" (877)696-6775 (Washington, DC)

National Governors Association, "http://www.nga.org" (202)624-5300 (Washington, DC)

National Conference of State Legislatures, "http://www.ncsl.org" , (202)624-5300 (Washington, DC)

National Association of State and Territorial Health Officials

National Association of County and City Health Officials, "http://www.caccho.org" (202) 783-5550 (Washington, DC)

National Association of Attorneys General, "http://www.naag.org" (202) 326-6000 (Washington, DC)

_______________________________________

PfAM is Advocacy, Access, Accountability -- supporting Freedom of Choice in Health Care.

PfAM is an all volunteer, grassroots organization operated solely from subscribers/members to our quarterly newsletter The Patients' Voice, advertisers, donations, sponsors, consultation fees and the sale of materials. Leanne can be reached at: lhousden@televar.com. Our web page is at: http://www.pfam.net