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Old Jan 30, 2020 | 1:57 pm
  #84  
Section 107
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Join Date: Nov 2007
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So as I understand the regulations: the Director has the authority to order an individual or group of individuals to be apprehended (temporarily taken into custody) for the purposes of detecting communicable disease. As part of detecting disease the Director may require the individual(s) to a) undergo medical examination and b) give certain information. Apprehension may last as long as necessary to detect the disease. If the disease is detected the Director may order the person(s) be quarantined, isolated or given conditional release. A review of the apprehension, isolation or quarantine must be conducted within 72 hours of apprehension, quarantine or isolation and each person has certain due process rights to challenge the apprehension, quarantine, isolation and conditional release. The review is conducted by someone other than the person authorizing the initial apprehension, isolation or quarantine.

Refusal to comply with the above constitutes a federal crime with steep financial penalties as well as imprisonment. State criminal law/penalties might also apply. Reading through the HHS'/CDC's response to comments in the NPRM indicates these authorities and penalties have been found constitutional.
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