NY Bill Would Hospitalize Infectious Sick Forcibly without Hearing
Originally published at National ReviewA bill in the New York legislature would permit sick people deemed a threat to public health to be hospitalized forcibly without a hearing based on the order of the governor or heads of local health departments. From bill A 416 (my emphasis)
UPON DETERMINING BY CLEAR AND CONVINCING EVIDENCE THAT THE HEALTH OF OTHERS IS OR MAY BE ENDANGERED BY A CASE, CONTACT OR CARRIER, OR SUSPECTED CASE, CONTACT OR CARRIER OF A CONTAGIOUS DISEASE THAT, IN THE OPINION OF THE GOVERNOR, AFTER CONSULTATION WITH THE COMMISSIONER, MAY POSE AN IMMINENT AND SIGNIFICANT THREAT TO THE PUBLIC HEALTH RESULTING N SEVERE MORBIDITY OR HIGH MORTALITY, THE GOVERNOR OR HIS OR HER DELEGEE, INCLUDING, BUT NOT LIMITED TO THE COMMISSIONER OR THE HEADS OF LOCAL HEALTH DEPARTMENTS, MAY ORDER THE REMOVAL AND/OR DETENTION OF SUCH A PERSON OR OF A GROUP OF SUCH PERSONS BY ISSUING A SINGLE ORDER, IDENTIFYING SUCH PERSONS EITHER BY NAME OR BY A REASONABLY SPECIFIC DESCRIPTION OF THE INDIVIDUALS OR GROUP BEING DETAINED. SUCH PERSON OR GROUP OF PERSONS SHALL BE DETAINED IN A MEDICAL FACILITY OR OTHER APPROPRIATE FACILITY OR PREMISES DESIGNATED BY THE GOVERNOR OR HIS OR HER DELEGEE AND COMPLYING WITH SUBDIVISION FIVE OF THIS SECTION.
Only after detention does the forcibly hospitalized person begin to receive due process:
WHEN A PERSON OR GROUP IS ORDERED TO BE DETAINED PURSUANT TO SUBDIVISION TWO OF THIS SECTION FOR A PERIOD EXCEEDING THREE BUSINESS DAYS, AND SUCH PERSON OR MEMBER OF SUCH GROUP REQUESTS RELEASE, THE GOVERNOR OR HIS OR HER DELEGEE SHALL MAKE AN APPLICATION FOR A COURT ORDER AUTHORIZING SUCH DETENTION WITHIN THREE BUSINESS DAYS AFTER SUCH REQUEST BY THE END OF THE FIRST BUSINESS DAY FOLLOWING SUCH SATURDAY, SUNDAY, OR LEGAL HOLIDAY, WHICH APPLICATION SHALL INCLUDE A REQUEST FOR AN EXPEDITED HEARING. AFTER ANY SUCH REQUEST FOR RELEASE, DETENTION SHALL NOT CONTINUE FOR MORE THAN FIVE BUSINESS DAYS IN THE ABSENCE OF A COURT ORDER AUTHORIZING DETENTION. NOTWITHSTANDING THE FOREGOING PROVISIONS,
IN NO EVENT SHALL ANY PERSON BE DETAINED FOR MORE THAN SIXTY DAYS WITHOUT A COURT ORDER AUTHORIZING SUCH DETENTION.
Sixty days!
The bill would also authorize forced treatment and vaccination, one supposes, by court order:
THE GOVERNOR OR HIS OR HER DELEGEE MAY, IN HIS OR HER DISCRETION, ISSUE AND SEEK ENFORCEMENT OF ANY OTHER ORDERS THAT HE OR SHE DETERMINES ARE NECESSARY OR APPROPRIATE TO PREVENT DISSEMINATION OR TRANSMISSION OF CONTAGIOUS DISEASES OR OTHER ILLNESSES THAT MAY POSE A THREAT TO THE PUBLIC HEALTH INCLUDING, BUT NOT LIMITED TO, ORDERS REQUIRING . . . THE TESTING OR MEDICAL EXAMINATION OF PERSONS WHO MAY HAVE BEEN EXPOSED TO OR INFECTED BY A CONTAGIOUS DISEASE OR WHO MAY HAVE BEEN EXPOSED TO OR CONTAMINATED WITH DANGEROUS AMOUNTS OF RADIOACTIVE MATERIALS OR TOXIC CHEMICALS;
TO REQUIRE AN INDIVIDUAL WHO HAS BEEN EXPOSED TO OR INFECTED BY A CONTAGIOUS DISEASE TO COMPLETE AN APPROPRIATE, PRESCRIBED COURSE OF TREATMENT, PREVENTIVE MEDICATION OR VACCINATION, INCLUDING DIRECTLY OBSERVED THERAPY TO TREAT THE DISEASE AND FOLLOW INFECTION CONTROL PROVISIONS FOR THE DISEASE; . . . SUCH PERSON OR PERSONS SHALL, UPON REQUEST, BE AFFORDED AN OPPORTUNITY TO BE HEARD.
This is authoritarian. I wouldn’t trust myself with this power, much less the odious Andrew Cuomo.