PANDEMIC POLICIES IN OHIO


10-14-09

STATE OF OHIO's Model States Emergency Health Powers Act


Will there be mandatory vaccinations for all Ohioans? What policies have been put in place to implement quarantine and/or isolation? What criteria will be used to determine whether or not quarantines are justified? The answers to these questions are not easy to find for Ohioans, but there is enough documentation available to prove that the Ohio Department of Health has been actively constructing "a pandemic plan" and has been doing so for many years.

The Pandemic Pyramid outlines some of the pandemic agreements and policies that have transpired internationally, nationally and in Ohio since 2001. In 2001 the Model States Emergency Health Powers Act (MSEHPA) was prepared by L. Gostin and J. Hodge of the Center for Law and Public Health at Georgetown and Johns Hopkins universities at the request of the Center for Disease Control. Many states passed MSEHPA bills, however Ohio did not. At least not using that name. Ohio did however, pass many new public health laws - particularly in 2003. SB 6 was signed into law on Nov 13, 2003 by Governor Taft. SB 6 is listed on the MSEHPA web page as "Modifications of Powers and Duties". House Bill 6 contained many changes in Ohio's public health laws and they were made effective as of 2-12-2004. Senator Steve Stivers introduced SB 6, unfortunately he was my State Senator at the time.

Here are few of the changes in Ohio public health law that were a result of the passage of Senate Bill 6 and House Bill 6:
Sec. 3701.03
Any action the director considers necessary may be taken in fulfilling the duties the Revised Code establishes for the director or department of health and in exercising the authority the Revised Code grants to the director or department of health. Rules may be adopted in accordance with Chapter 119. of the Revised Code as the director considers necessary to provide for the effective fulfillment of those duties and exercise of that authority.

Sec. 3701.04. (A) The director of health shall:
On behalf of the state, solicit, accept, hold, administer, and deposit in the state treasury to the credit of the general operations fund created in section 3701.83 of the Revised Code, any grant, gift, devise, bequest, or contribution made to assist in meeting the cost of carrying out the director's responsibilities and expend the grant, gift, device devise, bequest, or contribution for the purpose for which made. [In 2006-2007 Ohio accepted $13,867,477 from the federal government for "Pandemic Influenza" planning.]

Sec. 3701.06. The director of health and any person authorized by him the director may, without fee or hindrance, enter, examine, and survey all grounds, vehicles, apartments, buildings, and places in furtherance of any duty laid upon the director or department of health or where he the director has reason to believe there exists a violation of any health law or rule [very significant change in terminology].

Sec. 3701.13. The department of health shall have supervision of all matters relating to the preservation of the life and health of the people and have supreme authority in matters of quarantine and isolation, which it may declare and enforce, when neither exists, and modify, relax, or abolish, when either has been established

Sec. 3701.352. (A) No person shall violate any rule the public health council, director of health, department of health or any order of the director or department of health issued under this chapter or any other provision of the Revised Code.
(B) A person shall not be prosecuted under division (A) of this section if a more specific prohibition applies under the Revised Code for the same violation.

Sec. 3701.56. Boards of health of a general or city health district, health authorities and officials, officers of state institutions, police officers, sheriffs, constables, and other officers and employees of the state or any county, city, or township, shall enforce the orders issued by the director of health, including quarantine and isolation orders, and the rules adopted by the director of health or department of health.

Here is an analysis of HB 6 from the Ohio General Assembly website: Summary HB 6

Laws versus Rules

If you examine House Bill 6, that Taft signed into "law" in November 2003, it becomes quite apparent that many items in this legislation violate Ohio's Constitution.

HB 6 needs to be repealed ASAP and the entire health department's authorities need to be redefined so they are clearly prohibited from making rules or committing actions that violate Ohio's Constitution.

Ohio LOM

The Ohio Department of Public Health completed a report on Limitations on Movement and Infection Control Practices (LOM) in 2005. This is a revision dated 1/2009. Ohio statutes were researched for this report and an analysis was prepared outlining the "Legal Authority" for quarantine and or isolation. It is difficult to know when and how actions sited in the LOM will/or will not be implemented. The LOM is described as only "recommendations" on pg 5. Here are some of the appendices from the LOM:

Page 61: Appendix C: Bush's executive order 13295 revising the USA INC list of "quarantinable communicable diseases"
Page 66: Appendix H - Preparedness Checklist for Community Containment Measures
Page 70: Appendix I - Sample Order of Quarantine - refers to Ohio Revised Code 3701.13
Page 71: Ohio Health Commissioner's Isolation/Quarantine Draft [Draft Local Board of Health Regulation Relating to Delegation of Authority to Isolate or Quarantine] refers to Ohio Revised Code statutes
Page 80: Appendix L - Principles of Modern Quarantine
Page 85: Appendix N - Recommendations for Quarantine
Page 87: Appendix O - Isolation in a Community-Based Facility

Here is the section of LOM titled "Legal Authority". It is an excerpt of the LOM. Many of the sited statutes have been listed ver batum as end notes.

WHO

Many people are not aware that in 2005 President Bush announced that "he had agreed" the U.S. would comply with The World Health Organization's International Partnership on Avian and Pandemic Influenza. For further information regarding the details of this international "agreement" see: United Nations plan to emerge as the controlling government: How declaring a pandemic enlarges the United Nations power.

Ohio is not a member state of the World Health Organization, therefore has not entered into any binding agreements with WHO.

However
  • Ohio received $13,867,477 in 2006-2007 from the federal government for "Pandemic Influenza Funding" and either the Governor or the director of health most likely signed a contract - with terms and conditions - to get that money
  • The Ohio Department of Health has WHO web pages posted on its web site.
  • Governor Strickland sited WHO's "fallacious pandemic" at his press conference on October 7, 2009.




For those who wish to review the LOM and the "Legal Authority" and make comments, please send your
comments or insights to sayno2flushots@gmail.com.
Your findings will be posted and your efforts will be (most appreciated) and credited on this page.



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