Fwd: NV Legislature's Reversal of Dangerous Model Emergency Health Powers Act

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The Nevada Legislature’s Reversal of the Dangerous Model Emergency Health Powers

Act

 

A model for other states in protecting citizens’ rights.

 

By Janine Hansen, State President Nevada Eagle Forum

 

June 2003

 

SB 82 began its life as the Nevada version of the Model Emergency Health Powers

Act containing

 

an incredible variety of violations of our natural rights including confiscation

of food, fuel, clothing, vehicles, and other property without compensation,

mandatory vaccines, quarantine without any appeals process, and

 

denial of many other basic rights. Nevada Eagle Forum worked all through the

2002 interim and during the

 

2003 Nevada Legislature to not only stop this horrendous legislation, but to

reverse its dangerous

 

provisions with guarantees of personal liberties. We succeeded!

 

As passed, the new law now provides that " A health authority shall provide each

person whom it

 

isolates or quarantines…with a document informing the person of his rights. "

These rights include, " to make a reasonable number of completed phone calls...to

possess and use a cellular phone or any similar means of communication… " " the

right to refuse treatment and may not be required to submit to involuntary

treatment unless a court issues an order requiring the person to submit. "

 

However, after the health authority in conjunction with another physician has by

personal observation and epidemiological investigations determined that a person

or group of persons is likely to be an immediate threat to the health of the

members of the public, they may petition the court for an emergency order to

take the person into custody and impose a court-ordered isolation or quarantine

at a public or private medical facility, residence or other safe location for

not more than 72 hours.

 

The person quarantined then has the opportunity to appeal this order to the

court. During the carefully outlined appeals process, " The court may order the

involuntary isolation or quarantine of the person and may order the most

appropriate course of treatment after considering the rights of the person and

the desires of the person concerning treatment and vaccination, including,

without limitation, the tenets of the person’s religion and the tenets of any

groups or organization to which the person is a member " (Legislative Counsel

Bureau’s definition of " personal beliefs " ). These rights are also secured to

parents in making decisions for their children. The legislation recognizes and

guarantees the person’s right to counsel and the right of a person to challenge

his isolation or quarantine through the appeals process.

 

The bill provides that if a person is unconscious or unable to communicate that

the health authorities must notify the spouse or legal guardian of the person by

telephone and certified mail.

 

During the interim before the 2003 Nevada Legislature met all references to

confiscation of property were removed.

 

In summation, we were victorious on all major points. This new public health law

is much better than our current law and guarantees the exact rights the original

Model Emergency Health Powers Act would have abrogated. It has become a model

for other states in protecting citizens against the tyranny of the draconian

health laws promoted in the wake of 9/11.

 

Read the whole new law as passed by the Legislature and signed by the Governor

at: http://www.leg.state.nv.us/72nd/bills/SB/SB82_EN.html

 

 

 

 

 

 

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