NY Bill Would Allow Gov. To Unilaterally Force Confinement In Med Facility To Anyone “Potentially Dangerous To Public Health”

A piece of New York legislation to be voted on next year would “amend the public health law” and allow the governor or his or her delegates to detain a person who presents a “significant threat to public health.”

“AN ACT to amend the public health law,” the bill, filed January 2 of this year reads, “in relation to the removal of cases, contacts and carriers of communicable diseases who are potentially dangerous to the public health… 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.”

The bill, Assembly Bill 416, has not yet made it to the floor calendar, but is still in committee for a potential 2022 session review.

The governor (or delegates, “including, but not limited to the commissioner or the heads of local health departments”) only have to issue a single order to detain the person, by only “identifying such persons either by name or by a reasonably specific description of the individuals or group being detained.”

The detainee is to be held at a “medical facility or other appropriate facility or premises designated by the governor or his or her delegee.”

The vague bill first says that the person “shall not continue to be detained after the department determines that such person is no longer contagious.” There is no guideline as to who officially makes the determination or by what medical standard they must reach to be granted permission to be free again. – READ MORE