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Old Jan 30, 2020 | 8:34 am
  #83  
Section 107
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Originally Posted by Section 107
in a cautionary corollary, in the United States some jurisdictions allow persons who spread disease to be charged criminally; a few jurisdictions have allowed charges to be brought even though the infecting person has not been diagnosed, did not display outward symptoms of infection and infected others without intent to infect. Irregardless[sic] of the likely success of such a prosecution it seems to me the prudent course of behavior would be to minimize the risk of prosecution in the first place.

In addition to potential criminal liability such an infected person will also have potential civil liability for negligently infecting others (a greater likelihood than criminal charges). I would not want to be in the shoes of someone who refused to be screened and then is found to have infected others.....
:

§70.18 Penalties.

(a) Persons in violation of this part are subject to a fine of no more than $100,000 if the violation does not result in a death or one year in jail, or both, or a fine of no more than $250,000 if the violation results in a death or one year in jail, or both, or as otherwise provided by law.

(b) Violations by organizations are subject to a fine of no more than $200,000 per event if the violation does not result in a death or $500,000 per event if the violation results in a death or as otherwise provided by law.



and here is the main regulation from CFR Title 42 Part 70 that authorizes examination of persons:

§70.10 Public health prevention measures to detect communicable disease.

(a) The Director may conduct public health prevention measures at U.S. airports, seaports, railway stations, bus terminals, and other locations where individuals may gather to engage in interstate travel, through non-invasive procedures determined appropriate by the Director to detect the presence of communicable diseases.

(b) As part of the public health prevention measures, the Director may require individuals to provide contact information such as U.S. and foreign addresses, telephone numbers, email addresses, and other contact information, as well as information concerning their intended destination, health status, known or possible exposure history, and travel history.

§70.12 Medical examinations.

(a) The Director may require an individual to undergo a medical examination as part of a Federal order for quarantine, isolation, or conditional release for a quarantinable communicable disease.

(b) The Director shall promptly arrange for the medical examination to be conducted when one is required under this section and shall as part of the Federal order advise the individual that the medical examination shall be conducted by an authorized and licensed health worker, and with prior informed consent.

(c) As part of the medical examination, the Director may require an individual to provide information and undergo such testing as may be reasonably necessary to diagnose or confirm the presence or extent of infection with a quarantinable communicable disease.

(d) Individuals reasonably believed to be infected based on the results of a medical examination may be isolated, or if such results are inconclusive or unavailable, individuals may be quarantined or conditionally released in accordance with this part.
source: https://gov.ecfr.io/cgi-bin/text-idx...#se42.1.70_112
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