"SECTION 14. Said chapter 111, as so appearing, is hereby further amended by striking out section 96 and inserting in place thereof the following section:-
(a) In this section, “isolation” means separation, for the period of communicability, of infected individuals or animals from other individuals or animals in such places and under such conditions as will prevent the direct or indirect transmission of an infectious agent to susceptible people or to other individuals or animals who may spread the agent to others. In this section, “quarantine” means restricting the freedom of movement of well individuals or domestic animals that have been exposed to a communicable disease for a period of time relating to the usual incubation period of the disease, in order to prevent effective contact with those not so exposed. In this section, “disease or condition dangerous to the public health” does not include acquired immune deficiency syndrome (AIDS) or the human immunodeficiency virus (HIV).
(b) Whenever the commissioner, or a local public health authority within its jurisdiction, determines that an individual or group of individuals has or may have a disease or condition dangerous to the public health or is or may be infected with an agent of such a disease or condition, which disease or condition is transmissible between people and poses a serious danger to public health, the commissioner, or a local public health authority may order such individual or group to be isolated or quarantined. An order for isolation or quarantine may include any individual who is unwilling or unable to undergo vaccination, precautionary prophylaxis, medical treatment, decontamination, medical examinations, tests, or specimen collection and whose refusal of one or more of these measures poses a serious danger to public health or results in uncertainty whether he or she has been exposed to or is infected with a disease or condition that poses a serious danger to public health. The order may be a verbal order in exigent circumstances, and in such case it shall be followed by a written order as soon as reasonably possible. The written order shall be delivered personally, but if that is not possible, it shall be delivered in a manner that is reasonably calculated to notify the individual or group of it. In the case of a group, this may include delivery through the mass media and posting in a place where group members are reasonably likely to see it.
(c) Isolation and quarantine orders must utilize the least restrictive means necessary to prevent a serious danger to public health, and may include, but are not limited to, restricting a person from being present in certain places including but not limited to school or work; confinement to private homes; confinement to other private or public premises; or isolation or quarantine of an area.
(d) An officer authorized to serve criminal process may arrest without a warrant any person whom the officer has probable cause to believe has violated an order for isolation or quarantine and shall use reasonable diligence to enforce such order.
(e) Any person who knowingly violates an order for isolation or quarantine shall be punished by imprisonment for not more than 30 days and may be subject to a civil fine of not more than one thousand dollars per day that the violation continues.
(f) (1) When the commissioner or a local public health authority requires a resident wage earner to be isolated or quarantined, or requires isolation or quarantine of a child under fifteen years of age of whom the wage earner has custody and responsibility, or otherwise interferes with following of his or her employment for the protection of public health, he or she shall be deemed eligible to receive unemployment benefits pursuant to chapter 151A to the extent permitted by federal law.
(2) It shall be a violation of section 4 of chapter 151B for an employer to discharge or reduce any benefits of an employee because he or she is subject to an order of isolation or quarantine, or because a child under fifteen years of age of whom the wage earner has custody and responsibility is subject to an order of isolation or quarantine.
(g) This section does not affect the authority of the department to isolate or quarantine individuals with active tuberculosis pursuant to the requirements and procedures specified in sections 94A through 94H of chapter 111, and regulations promulgated under those sections."
Read subscetion "b" very carefully, slowly, and word by word. Then read subsection "e" very carefully, slowly,. and word by word, and then tell me what conclusions you arrive at.
I await your reply.
Sincerely, Ken Adachi
From: Dennis G
Subject: RE: Swine Flu - Massachusetts
Date: Sep 1, 2009
Thank you for your response. I apologize for taking up your time. I was obviously at fault.
I will take up the banner and run with this.
Thank you again for being where no one else wants to be.
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