Pennsylvania Drafts 2009 Mandatory Vaccination, Gun Confiscation Law; Albany Judge Blocks Mandatory Vaccination Rule for Health Care Workers

Albany Judge Blocks Mandatory Vaccination Rule

October 16, 2009

NY Times - A New York State judge on Friday suspended a health regulation that would compel hundreds of thousands of health care workers and hospital volunteers to be vaccinated for seasonal and swine flu.

Justice Thomas J. McNamara, of State Supreme Court in Albany, issued the temporary restraining order in response to three lawsuits contending that the state’s health commissioner, Dr. Richard F. Daines, had overstepped his authority in requiring vaccinations...

Pennsylvania Drafts 2009 Mandatory Vaccination, Gun Confiscation Law

October 16, 2009

Farm Wars - State governments continue promoting emergency powers legislation, even while insisting these unconstitutional powers will never be used. Here are a few excerpts from Pennsylvania House Bill 492, the “Emergency Health Powers Act” [PDF]:

Section 2523-D. Effect of declaration.
(b) Emergency powers of Governor.–During a state of public health emergency, the Governor may:
(4) Mobilize all or any part of the Pennsylvania National Guard into service of the Commonwealth. An order directing the Pennsylvania National Guard to report for active duty shall state the purpose for which it is mobilized and the objectives to be accomplished.

Section 2532-D. Access to and control of facilities and property.
The public health authority may exercise, for such period as the state of public health emergency exists, the following powers concerning facilities, materials, roads or public areas:
(3) To control, restrict and regulate by rationing and using quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale, dispensing, distribution or transportation of food, fuel, clothing and other commodities, alcoholic beverages, firearms, explosives and combustibles, as may be reasonable and necessary for emergency response.
(5) To control ingress and egress to and from any stricken or threatened public area, the movement of persons within the area and the occupancy of premises therein, if such action is reasonable and necessary for emergency response.

Section 2542-D. Mandatory medical examinations.
(a) Powers of public health authority.–The public health authority may exercise, for such period as the state of public health emergency exists, the following emergency powers over persons:
(1) To compel a person to submit to a physical examination or testing, or both, as necessary to diagnose or treat the person subject to the following:
(i) The medical examination or testing may be performed by any qualified person authorized by the public health authority.
(ii) The medical examination or testing may not be reasonably likely to result in serious harm to the affected individual.
(iii) The medical examination or testing shall be performed immediately upon the order of the public health authority without resort to judicial or quasi-judicial authority.
(iv) If the public health authority is uncertain whether a person who refuses to undergo medical examination or testing may have been exposed to an infectious disease or otherwise poses a danger to public health, the public health authority may subject the individual to isolation or quarantine as provided in this article.
(2) To require any physician or other health care provider to perform the medical examination or testing, or both.
(b) Enforcement.–An order of the public health authority given to effectuate the purposes of this section shall be immediately enforceable by any law enforcement officer.
(c) Penalty.–A person who refuses to submit or perform a medical examination or test under this section commits a misdemeanor of the third degree.

Section 2544-D. Vaccination and treatment.
(a) Powers of public health authority.–The public health authority may, for such period as the state of public health emergency exists, compel a person to be vaccinated or treated, or both, for an infectious disease subject to the following provisions:
(1) Vaccination may be performed by any qualified person authorized by the public health authority.
(2) A vaccine may not be given if the public health authority has reason to know that a particular individual is likely to suffer serious harm from the vaccination.
(3) Treatment may be performed by any qualified person authorized by the public health authority.
(4) Treatment must not be such as is reasonably likely to lead to serious harm to the affected individual.
(b) Refusal.–If, by reason of refusal of vaccination or treatment, the person poses a danger to the public health, the person may be isolated or quarantined pursuant to the provisions of this article.
(c) Enforcement.–An order of the public health authority given to effectuate the purposes of this section shall be immediately enforceable by any peace officer.
(d) Penalty.–A person who fails to comply with this section commits a misdemeanor of the third degree.

Section 2572-D. Enforcement.
(a) General rule.–The public health authority shall have the power to enforce the provisions of this article through the imposition of fines and penalties, the issuance of orders and such other remedies as are provided by law.

Section 2574-D. Liability.
(a) State immunity.–Neither the Commonwealth, its political subdivisions, nor, except in cases of gross negligence or willful misconduct, the Governor, the public health authority or any other State official referenced in this article shall be liable for the death of or any injury to persons or damage to property as a result of complying with or attempting to comply with this article or any rule or regulations promulgated pursuant to this article.
(b) Private liability.
(3) During a state of public health emergency, no private person, firm or corporation and employees and agents of such person, firm or corporation who renders assistance or advice at the request of the Commonwealth or its political subdivisions under the provisions of this article shall be civilly liable for causing the death of or injury to any person or damage to any property except in the event of gross negligence or willful misconduct.

For our purposes here, the most important clause in this Act is as follows:

A vaccine may not be given if the public health authority has reason to know that a particular individual is likely to suffer serious harm from the vaccination.

Unfortunately, the CDC has already declared–contrary to evidence from 1976 onwards–that individuals are unlikely to suffer serious harm from vaccination!

And if you do suffer harm–as thousands of others have over the years–the state and its contractors accept no responsibility.