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I'll highlight the part that will likely come into play here if the Governor decides to exercise his full authority under the law:
§820. Extreme public health emergency
The provisions of this subchapter apply in the event of the declaration of an extreme public health emergency pursuant to section 802, subsection 2-A and Title 37-B, chapter 13, subchapter II. [2001, c. 694, Pt. A, §1 (NEW); 2005, c. 383, §24 (AFF).]
1. Powers of the department. Upon the declaration of an extreme public health emergency, the department has the following powers.
A. Upon request of the department, a health care provider, pharmacist, medical laboratory or veterinarian shall provide to the department health information directly related to a declared extreme public health emergency. [2005, c. 383, §15 (AMD); 2005, c. 383, §24 (AFF).]
B. The department may take a person into custody and order prescribed care of that person as provided in this subsection.
(1) The department may act without a court order if:
(a) The department has reasonable cause to believe that the person has been exposed to or is at significant medical risk of transmitting a communicable disease that poses a serious and imminent risk to public health and safety;
(b) There are no less restrictive alternatives available to protect the public health and safety; and
(c) The delay involved in securing a court order would pose an imminent risk to the person or a significant medical risk of transmission of the disease.
(2) The department may act pursuant to a court order obtained under subsection 2.
(3) A person is exempt from examination, vaccination, medical care or treatment if alternative public health measures are available, even if those measures are more restrictive, and if:
(a) The person demonstrates a sincere religious or conscientious objection to the examination, vaccination, medical care or treatment; or
(b) The person is at known risk of serious adverse medical reaction to the vaccination or medical care or treatment. [2001, c. 694, Pt. A, §1 (NEW); 2005, c. 383, §24 (AFF).]
Has Maine declared an Extreme Public Health Emergency?
The state's politicians are interjecting political gamesmanship into this process. Nurse Hickox is not okay with that. Nor should she be. None of us should be okay with politicians politicizing Ebola. It's a medical issue, and the majority of politicians aren't doctors. Lawyers, maybe. But not doctors.
I wouldn't trust a politician doctor. Bill Frist is shining example of who not to trust. Once they've become a politician, they're a politician.
Also: everything is political. I know we like to think that some issues aren't, but they really are.
That seems to be the case. But if they decide to go after her for violating the rules of the quarantine order, based on the CDC legalize, it seems clear to me the state is within their right to prosecute her.
There has been a few posts mentioning the legalities of the quarantine in terms of "they can't do that!". I think the CDC language is clear the state indeed has a right to quarantine or isolate and prosecute for those who don't follow through. And of course they have to follow through to make it happen, as is the case to enforce any law or order. A law/order on the books mean nothing if it's not enforced.
They can't prosecute someone for defying a non-existent court order.
First they have to find a judge willing to issue the order. That's usually not too difficult. But then Nurse Hickox gets to challenge it. And in the absence of her having any symptoms, therefore not contagious, she has a very real possibility of getting the order thrown out. If she should present symptoms, then that would, of course, be moot.
She's been "exposed to" a highly lethal and contagious disease.
Title 22 of the Maine Statutes.
I think it's undisputed that Nurse look at me has been "exposed to" ebola.
The CDC is even clearer in giving states rights the power to isolate/quarantine in the case of people working with Ebola patients:
Legal Authorities for Isolation and Quarantine | Quarantine | CDC
"Quarantine separates and restricts the movement of people who were exposed to a contagious disease to see if they become sick.In addition to serving as medical functions, isolation and quarantine also are “police power” functions, derived from the right of the state to take action affecting individuals for the benefit of society."
"States have police power functions to protect the health, safety, and welfare of persons within their borders. To control the spread of disease within their borders, states have laws to enforce the use of isolation and quarantine."
Has Maine declared an Extreme Public Health Emergency?
It's within the governor's power and nurse look at me could be forcibly quarantined without having the disease or even being contagious (according to CDC and WHO guidelines) simply because she has been exposed to it under state law. So your analysis of what could happen under the law is completely wrong.
actually obama is right that we cannot seal off the US from ebola. with our southern and northern borders essentially open, all someone infected with ebola has to do is get into canada or mexico, and they are as good as here.
but even if we seal our borders, we still have to deal with shipping ports, and airports. all someone has to do is leave west african countries that are heavily infected with ebola, and cross into one that isnt, and fly out from there to europe, then to canada, then cross into the US.where there is a will, there is a way.
Put soldiers every 10 feet along the southern border. Guess what? Its sealed.
And he won't be able to board any flight to the US if his visa is cancelled. DHS gets the PNR (passenger name request) 24 hours prior to any plane departing for the US. Anyone on there without a visa is not boarded.
Same thing with ships crew manifests. Anyone from that country on a ship bound for the US is ordered to remain onboard. The US does it all the time.
Where there is a will, there is a way to crush that will.
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