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Законопроект А416. Принудительная вакцинация и арест. США

A416 (ACTIVE) - BILL TEXTDOWNLOAD PDF


 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    416
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation  to  the  removal  of
   cases,  contacts  and carriers of communicable diseases who are poten-
   tially dangerous to the public health

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

Section  1.  The  public health law is amended by adding a new section
 2120-a to read as follows:
   § 2120-A. REMOVAL AND DETENTION OF CASES, CONTACTS  AND  CARRIERS  WHO
 ARE OR MAY BE A DANGER TO PUBLIC HEALTH; OTHER ORDERS. 1. THE PROVISIONS
 OF  THIS  SECTION  SHALL  BE  UTILIZED  IN  THE  EVENT THAT THE GOVERNOR
 DECLARES A STATE OF HEALTH EMERGENCY DUE TO AN EPIDEMIC OF ANY  COMMUNI-
 CABLE DISEASE.
   2.  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
 IN SEVERE MORBIDITY OR HIGH MORTALITY, THE GOVERNOR OR HIS OR HER  DELE-
 GEE,  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,  IDEN-
 TIFYING  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 APPRO-
 PRIATE  FACILITY  OR  PREMISES  DESIGNATED BY THE GOVERNOR OR HIS OR HER
 DELEGEE AND COMPLYING WITH SUBDIVISION FIVE OF THIS SECTION.
   3. A PERSON OR GROUP REMOVED OR DETAINED BY ORDER OF THE  GOVERNOR  OR
 HIS  OR HER DELEGEE PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE

DETAINED FOR SUCH PERIOD AND IN SUCH MANNER AS THE DEPARTMENT MAY DIRECT
 IN ACCORDANCE WITH THIS SECTION.

***********

12. IN ADDITION TO THE REMOVAL OR  DETENTION  ORDERS  REFERRED  TO  IN
 SUBDIVISION  TWO  OF THIS SECTION, AND WITHOUT AFFECTING OR LIMITING ANY
 OTHER AUTHORITY THAT THE COMMISSIONER MAY OTHERWISE HAVE,  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 ANY PERSON OR PERSONS
 WHO ARE NOT IN THE CUSTODY OF THE DEPARTMENT TO BE EXCLUDED;  TO  REMAIN
 ISOLATED OR QUARANTINED AT HOME OR AT A PREMISES OF SUCH PERSON'S CHOICE
 THAT  IS  ACCEPTABLE TO THE DEPARTMENT AND UNDER SUCH CONDITIONS AND FOR
 SUCH PERIOD AS WILL PREVENT TRANSMISSION OF THE  CONTAGIOUS  DISEASE  OR
 OTHER  ILLNESS; TO REQUIRE 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; OR  TO  REQUIRE
 AN INDIVIDUAL WHO HAS BEEN CONTAMINATED WITH DANGEROUS AMOUNTS OF RADIO-
 ACTIVE  MATERIALS OR TOXIC CHEMICALS SUCH THAT SAID INDIVIDUAL MAY PRES-
 ENT A DANGER TO OTHERS, TO  UNDERGO  DECONTAMINATION  PROCEDURES  DEEMED
 NECESSARY  BY  THE  DEPARTMENT.    SUCH  PERSON  OR  PERSONS SHALL, UPON
 REQUEST, BE AFFORDED AN OPPORTUNITY TO BE HEARD, BUT THE  PROVISIONS  OF
 SUBDIVISIONS  TWO  THROUGH  ELEVEN  OF  THIS SECTION SHALL NOT OTHERWISE
 APPLY.

https://www.nysenate.gov/legislation/bills/2021/a416
В двух словах при подозрении на короновирус или потенциально подверженных заболеванию ,можно арестовывать одиночно и группами ,для принудительного лечения и вакцинации.
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