Full text here.
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 COMMUNICABLE 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 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.
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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 RADIOACTIVE MATERIALS OR TOXIC CHEMICALS SUCH THAT SAID INDIVIDUAL MAY PRESENT 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.
I edited the above to remove the weird paragraph breaks that always happen with copy and paste, and I highlighted the relevant section in orange. I made no other changes and the original text can be seen here.
It does require that the Governor put the state into a State of Health Emergency first, but we already proved that’s not a problem to arrange.
There is SO MUCH room for abuse here.
