MN Facts and Rights - Back Side

Q: COULD THE VACCINATION HARM ME?
A: Yes. The 1976 Swine Flu vaccine was linked to 500 cases of Guillain-Barrè syndrome, a rare neurological disorder. Thirty people died and thousands filed injury claims. Very limited safety testing has been conducted on the 2009 H1N1 (swine flu) vaccine. In June 2009, federal officials gave vaccine manufacturers legal immunity. Under a 2009 state law, the MN Dept. of Health (MDH) may limit, reduce, or not provide full information on medical contraindications, adverse reactions, and other dangers of vaccines and medications prescribed by MDH (M.S. 151.37, subd. 2). The MN Commissioner of Health may authorize 'any person' to dispense medication or vaccinate-with limited liability under federal law (U.S. Code, Title 42).

Q: DO I HAVE THE RIGHT TO REFUSE VACCINATION?
A: Yes. You have the right to refuse treatment, testing, examination, vaccination, collection of specimens and preventive treatment - and the right to be notified of the right to refuse and the possible consequences of refusing, including detention under prolonged quarantine (M.S. 12.39 and M.S. 144.419, subd.4).

Q: CAN I BE QUARANTINED AGAINST MY WISHES?
A: Yes. The MN Dept. of Health (MDH) may secure police assistance, including the use of deadly force, to apprehend and detain persons in quarantine or isolation. You may be detained for 36 hours under 'temporary hold' or for 21 days with a court order. State officials must monitor your health status, provide food, medical care and 24/7 contact. MDH may seek extended detention beyond 21 days.

Q: COULD MY CHILDREN BE QUARANTINED WITHOUT ME?
A: Yes. However, a family member of a person quarantined or isolated may, by MN state law, choose to enter into a quarantine or isolation area if the family member signs a consent form declaring that he/she has been informed of the risks and consequences of entering, including the risk of being quarantined.

Q: CAN I APPEAL IF I AM DETAINED?
A: Yes. You have the right to petition the Commissioner's court order or temporary hold at any time prior to the expiration of the order or temporary hold. The hearing must be held within three days of the filing of the petition and you have the right to be represented by legal counsel, although restrictions and cost may apply.

ONGOING AUTHORITY - 24/7/365: No declaration of a public health emergency is required for MDH to authorize vaccination (M.S. 144.4197) and detain individuals (M.S. 144.419). Your constitutional due process rights can be suspended at any time under the 36-hour hold (M.S. 144.4195 subd. 2).

Source: Minnesota Statutes. 12.39, 51.37, 144.419, 144.4195, 144.4197. Specific statute references and additional information can be found online at www.publichealthpowers.us

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