Tag: rules

  • Administrative Rules. Who’s Watching the Rule-Makers?

    Preserving our Liberty begins with our understanding of how our State Government is structured. The laws/statutes are presented as a bill that is voted upon by our elected officials and upon approval becomes a statute. The legislature then delegates the responsibility of carrying out that details of the law through the various departments of the state using the administrative rules.

    The administrative rules are written up by each department and then presented back to the legislators for review at the beginning of each session. There are 1000’s of rules. (Far too many to be reviewed in great detail prior to their approval.) Often times these rules are voted on and approved in whole, without even being read thoroughly by the elected officials. You can see how that is an EASY way for freedom to be snatched and liberty stolen.

    Whose responsibility is it to watch the rule-makers to make sure they are following the rules?

    If the elected officials are far too busy to read the thousands of rules and vote on them – then WHOSE responsibility is it to keep the rule-makers accountable? That would be you and me the citizens. Sadly, we have neglected our duties for far too long! However, right now, we have a reprieve!
    The last session the Legislature did not automatically approve all the rules. . Review how this happened read an overview on page 2 

    We have the opportunity to make public comment on ANY OF THE RULES! 

    Grab your reading glasses and start looking through the rules there are  8200+ pages of Idaho Rules and Regulations! We are focusing on the health department since their rules pertain to our concerns that reading starts on page 1900.

    Now is the time to have a real and meaningful impact on the 8200+ pages of Idaho Rules and Regulations up for public input.  See if there is something they tried to ‘slip by’ the legislators. We found a few we are concerned about. Tell us what you found! 

    The RULES PROCESS

    The analogy of ‘playing a game’

    Different departments in the state ask the Legislature if it’s ok to play a new game. This is a game that everyone participates in, and the rules apply to all. Our Representatives and Senators vote ” YES, sure you can play this game.” Since its a new game, the rules aren’t written. The State Department (under the executive branch) now get to makeup the rules for everyone. Since the State Departments are not elected officials, the public is supposed to get input on all the rules made up by the bureaucrats. BUT when the public doesn’t know, doesn’t care or is too busy and the rules are made up without oversite. What we find is that they aren’t fair, don’t follow the intent of the law, or worse yet are UNCONSTITUTIONAL!
    So nobody is watching the rule-makers to make sure they follow the rules!
    What we – the public- find when we finally take the time to scour the THOUSANDS of PAGES of RULES?  The rules don’t line up. It appears the rule-makers just might be cheating!
    The citizens are forced to ‘play by’ the rules that don’t conform to the statute.

    When rule-makers cheat…

    Then the citizens are forced to the Legislature and ask for a new law to be written that will force the rule-makers to FOLLOW THE ORIGINAL LAW! When our Representatives and Senators vote “YES here’s a new law to change the rule so that it follows the original law.” They are then forced to hand the responsibility of changing the rule to comply with the law – back to the very rule makers who twisted the rule in the first place!
    And while the public is distracted the rule-makers continue the process of rule-manipulation. They are taking what an voted upon and changing it.  And so the convoluted process starts all over again.

    SO how do we stop the cycle?
    We need to watch the rule makers closer
    We need to make them aware that we are awake, watching and paying close attention.
    Making public comments and sharing these comments with our representatives and senators who will ultimately be voting upon the rules at the beginning of the year.
    We express our concerns and make sure our voice is heard.
    As citizens, we should NOT BE INTIMIDATED! They had us fooled. We forgot that they work for us! Now is the time to hold them accountable.

    To hold the rule-makers accountable, you must attend one of the six hearings around the state this coming week. Take a few moments to speak out your concerns. Ask friends and family to join you in support of liberty and health freedom.

    Here’s a list of the hearing for the Health Department. And a list of the hearing for OTHER DEPARTMENTS

    What do I say? 

    Here’s an example of what others have said

    These are some samples of rules that are unlawful and unconstitutional. Your comments should not be limited to these issues below. Look through the rules and determine if there are other areas that you feel should be brought to the attention of our legislators. (RULES FROM HEALTH AND WELFARE)

    RE:IDAPA 16 Department of Health and Welfare Docket 16-0000-1900

    16.02.15 and 16.02.11 Requirements for Immunizations These rules violate informed consent, bodily autonomy, parental rights, medical privacy and doctor-patient privilege.

    • 36 required school vaccinations
    • 31 required daycare vaccines (by the age of 2)

    These rules represent a clear violation of human rights as they go beyond the scope of the law and seek to coerce and bully parents into compliance. Forcing the injection of liability-free medical products into an individual in order to participate in education in public and private schools and participate in private business via daycares. 

    Rules 16.02.15 and 16.02.11 should be removed from the rules or at very least amended to reflect a recommendation rather than a mandate.

    IDAPA 16.03.09 Department of Health & Welfare Medicaid Basic Plan Benefits Bribing individuals to receive liability-free medical procedures in order to qualify for benefits. 

    02. Wellness PHA. (3-30-07) a. A PHA benefit will be established for each participant who meets the eligibility criteria for Wellness PHA. Each participant must demonstrate that he has received recommended wellness visits and immunizations for his age prior to earning any points. (3-30-07) b. Ten (10) points can be earned each month by a participant who receives all recommended wellness visits and immunizations for his age during the benefit year.163.02 Bb. Ten (10) points can be earned each month by a participant who receives all recommended wellness visits and immunizations for his age during the benefit year.

    Forcing those in greatest need into using liability-free medical products in compliance with ACIP vaccine schedule discriminates against religious/personal beliefs as there is no option for exemption from the immunization portion. 

    All benefits should be provided equally to all qualified individuals without the mandated injections of liability-free medical products. 

    IDAPA 16.06.12 – Rules Governing the Department of Health and Welfare Idaho Child Care Program (ICCP)ICCP can only receive child care benefits for eligible children. A child is eligible for child care benefits under the following conditions: (4-2-08)01. Immunizations Requirements. A child must be immunized in accordance with IDAPA 16.02.11, “Immunization Requirements for Children Attending Licensed Daycare Facilities in Idaho.” Child care benefits can continue during a reasonable period necessary for the child to be immunized. Parents must provide evidence that the child has been immunized unless the child is attending school. (4-2-08)

    This rule does not clarify that exemptions are available deny services for those in need who qualify for the benefit. A modification of this rule is necessary to avoid religious discrimination against qualified participants.

    16.02.12 – PROCEDURES AND TESTING TO BE PERFORMED ON NEWBORN INFANTS The government-mandated medical procedure must be weighed against the individual’s constitutionally protected interests in personal autonomy and bodily integrity. Mandated testing include blood draw to test for  for 47 conditions. 

    These procedures should be written as recommendations NOT mandated medical procedures. *parents have the right to opt-out of testing for religious reasons. Being a mandated procedure – does this put the parent at greater risk for CPS “intervention”. (see concerns on CPS below)

    RE:IDAPA 16 Department of Health and Welfare Docket 16-0000-1900f

    Rules 16.06.01(559)(01) and (02) Rules for Conducting a CPS Investigation These rules allow agencies to operate outside the scope of the U.S. Constitution violating rights protected by the 4th and 14th amendments.

    Are two rules that state anytime CPS is conducting an investigation or comprehensive safety assessment (01) an interview of the child must be conducted.CPS can not constitutionally require an interview of a child under the 4th and 14 amendments of the Constitution. Our bill of rights protects us from the government in areas of search and seizure. 

    RULES 16.06.01(559) 01 and 02 are unconstitutional and should be removed from the administrative rules.

    These are samples of topics of concern. Citizens are not limited to the above rules. There are other topics that can be addressed in writing and via the public hearings including gender change on birth certificates, tax-funded abortions via Medicaid. The list of HEALTH DEPARTMENT RULES easy access index is listed on the Admin Rules website under the Health and Welfare Department.

    Another article on the topic: BE HEARD!

    HELP US SPREAD THE WORD! 

  • BE HEARD! Health Department Hearings Across Idaho

    Immunization Hearings. Please send 3 quick emails today!

    We need your support.  The Idaho Department of Health and Welfare will be hosting 6 public hearings around the state and one of the important topics will be immunizations, vaccine exemptions, CPS, and medical testing requirements for infants . We encourage you to email a letter and let the Idaho Health Department and your legislators know that you believe that immunizations should be a parental choice, that you are concerned about the overstep of the Health Department through the CPS and/or your concerns about forced medical testing on your newborn. There are hundreds of rules that are open for public comment. You are available to speak on any or all that concern you.

    (How did this happen? watch a brief video here)

    Anyone may submit written comments regarding the proposed rule making. Those comments should be submitted in writing. We have made it easy simply COPY/Paste EMAILS Addresses and compose your email. Be sure to make plans to attend the public hearings, read your comments and support others who are doing the same. 

    COMMENTS SHOULD GO TO THE FOLLOWING PEOPLE: 

    1. Department of Health dhwrules@dhw.idaho.gov  The executive department that makes the rules and is required to receive public input
    2. Your legislators  It’s so important to include your Representatives and Senator in this email as they are your voice at the Capitol and need to know your concerns in these matters. If you are uncertain of which district you reside you can find their email addresses of your personal legislators <find them here> 
    3. House and Senate Health Committees  who will ultimately vote to approve or reject all or parts of the rules in question

    KEEPING THE RULE MAKERS ACCOUNTABLE

    HFI Concerns with IDAPA RULES…

    The department of Health is under the executive branch and gets to ‘make the rules’ that pertain to the laws the legislators vote on in session. We have seen in the past that the Department stretches the law past its intention in an attempt to bully parents into compliance under their terms and not those of the statute. With closer examination, it appears the Health Department’s administrative rules are rewritten AFTER the legislator’s vote upon them. Does this mean that those ‘writing the rules’ aren’t following the rules?? 

    Whose suppose to keep them accountable? WE ARE- the public! 

    WHAT DO I SAY?

    These are some samples of rules that are unlawful and unconstitutional. Your comments should not be limited to these issues below. Look through the rules and determine if there are other areas that you feel should be brought to the attention of our legislators. (Link to the RULES FROM HEALTH AND WELFARE) 

    Here is a link to several letters sent by active health freedom Idaho members who volunteered to share. 

    Health Freedom Idaho believes that the ultimate responsibility to protect the health and the welfare falls not on bureaucrats or politicians but on parents. In order to preserve informed consent, bodily autonomy, parental rights, medical privacy, and doctor-patient privilege ALL medical decisions should be left in the hands of parents and their doctor and not mandated by the state. 

    Here are an example of rules HFI is concerned about:

    RE: IDAPA 16 Department of Health and Welfare Docket 16-0000-1900

    16.02.15 and 16.02.11 Requirements for Immunizations

    36 required school vaccinations

    31 required daycare vaccines (by the age of 2)

    These rules violate informed consent, bodily autonomy, parental rights, medical privacy, and doctor-patient privilege.These rules represent a clear violation of human rights as they go beyond the scope of the law and seek to coerce and bully parents into compliance. Forcing the injection of liability-free medical products into an individual in order to participate in education in public and private schools and participate in private business via daycares.

    • Rules 16.02.15 and 16.02.11 must be stricken or at very least amended to reflect a “recommendation” rather than a requirement/mandate. The Health and Welfare Department must be more transparent and specify that exemptions are available.

    16.02.11 Meningitis for 12th graders for school year 2020/2021

    Additional Meningitis vaccination for 12th grade students

    This additional vaccine requirement was added for the 20-21 school year under the guise that it would protect potential college-bound students from the exceedingly rare disease that affects less than 400 individuals a year. The Health Department reports that LESS THAN 3 individuals annually in Idaho and NO reported students have been effected in the last decade. The CDC reports that 92% of the college students who got meningitis WERE VACCINATED with this vaccine. Not surprisingly, 99.9% of those who were in favor of the vaccine at public hearings stood to gain financially from the newest Idaho vaccine mandate.The parents of the 30,000 students a year who are now mandated to receive an additional vaccine are not being provided true Informed Consent.  

    • Additional Vaccination Mandate must be stricken or at very least amended to reflect a “recommendation” rather than a requirement/mandate. The Health and Welfare Department must be more transparent and specify that exemptions are available.

    IDAPA 16.03.09 Department of Health & Welfare Medicaid Basic Plan Benefits

    Each participant must demonstrate that he has received recommended wellness visits and immunizations for his age prior to earning any points. (3-30-07)

    Implying to an already vulnerable population they MUST use a liability-free medical products in compliance with ACIP vaccine schedule discriminates against religious/personal beliefs and personal autonomy.

    • Rule 16.02.09 must be stricken. Health and Welfare must be more transparent of parental rights and Idaho law and in no way punish or reward an at-risk population for elective medical procedures.

    IDAPA 16.06.12 – Rules Governing the Department of Health and Welfare Idaho Child Care Program (ICCP)

    ICCP can only receive child care benefits for eligible children. A child is eligible for child care benefits under the following conditions: (4-2-08) 01. Immunizations Requirements. A child must be immunized in accordance with IDAPA 16.02.11, “Immunization Requirements for Children Attending Licensed Daycare Facilities in Idaho.” Child care benefits can continue during a reasonable period necessary for the child to be immunized. Parents must provide evidence that the child has been immunized unless the child is attending school. (4-2-08)

    Implying to an already vulnerable population they MUST use a liability-free medical products in compliance with ACIP vaccine schedule discriminates against religious/personal beliefs and personal autonomy. The Health Department should at no time withhold benefits for at-risk families in order to force compliance for an elective liability-free medical procedure. 

    • Rule 16.06.12 must be stricken. Health and Welfare must be more transparent of parental rights and Idaho law and in no way punish or reward an at-risk population for elective medical procedures.

    16.02.12 – PROCEDURES AND TESTING TO BE PERFORMED ON NEWBORN INFANTS

    The government-mandated medical procedure must be weighed against the individual’s constitutionally protected interests in personal autonomy and bodily integrity. Mandated testing includes blood draw to test for 47 conditionsAll medical decisions need to be left between doctor and parent and should not involve bureaucrats or legislators. 

    • Rule 16.02.12 Should be stricken or at very least written as a recommendation NOT state mandated medical procedures. 

    RE: IDAPA 16 Department of Health and Welfare Docket 16-0000-1900f

    Rules 16.06.01(559)(01) and (02) Rules for Conducting a CPS Investigation

    Are two rules that state anytime CPS is conducting an investigation or comprehensive safety assessment (01) an interview of the child must be conducted. CPS can not constitutionally require an interview of a child under the 4th and 14 amendments of the Constitution. Our bill of rights protects us from the government in areas of search and seizure.

    • Rule 16.06.01 (559) 01 and 02 should be stricken as unconstitutional. These rules allow agencies to operate outside the scope of the U.S. Constitution violating rights protected by the 4th and 14th amendments.

    Make the MOST of your time and efforts

    Be sure to CC your email all the Health and Welfare Committee legislators, your personal legislators <find them here> and Health Freedom Idaho) 

    <COPY/Paste EMAILS Addresses>

    BE BOLD! ATTEND THE HEARING!

    Can’t speak in front of people?? Be there for moral support. Smile at those speaking in favor of health freedom and parental choice. This is important in ensuring that parent rights, informed consent are preserved in Idaho.

    Hearings dates, locations and times.

    This is important in ensuring that parent rights, informed consent are preserved in Idaho.

    Boise
    Thursday, Aug 22    1:00pm-4:00pm MT
    Medicaid Central Office
    3232 Elder Street/rooms D east and west

    Idaho Falls
    Friday, Aug 23     1:00pm-4:00pm MT
    Region VII Office
    150 Shoup Ave/2nd floor conference room

    Coeur d’Alene
    Monday, Aug 26    9:00am-Noon PT
    Region I Office
    1120 Ironwood Drive/lower level conference room

    Lewiston
    Tuesday, Aug 27    10:00am-Noon PT
    Lewiston State Office Building
    1118 F Street/3rd floor conference room

    Grangeville
    Tuesday, Aug 27    3:00pm-4:30pm PT  
    Grangeville Senior Center
    108 Truck Route Road

    Twin Falls
    Wednesday, Aug 28    1:00pm-4:00pm MT  
    Region V Office
    601 Poleline Road/main conference room

  • Be Heard

    BE HEARD BY JULY 3rd! RIGHT NOW THE CITIZENS CAN COMMENT! We have an unprecedented opportunity to have our voices heard on ANY state rule that we have concerns about! State law requires that the public receive notification when a state agency initiates proposed rulemaking procedures and be given an opportunity to comment to that rulemaking. Due to the lack of vote at the end of Legislative Session last year the rules department has published ALL the temporary rules and they must provide us opportunity to comment on them.
    However, COMMENTS CLOSE July 3rd (10 days!). 

    #BeHeardbytheThird 

    Now is the time to have a real and meaningful impact on the 8200+ pages of Idaho Rules and Regulations up for public input. Remember that the Legislature did not automatically approve all the rules at the end of last session. Review how this happened read an overview on page 2>

    It is really that simple to make a difference. Complaining and getting angry with government will not fix government; only involvement and civil communication will.  I hope you get involved in this GOLDEN OPPORTUNITY! – Heather Scott

    There are THOUSANDS upon THOUSANDS of pages of rules. 

    HINT START AT PAGE 1900 
    to find a search using KEY WORDS using CNTL F – find – search keywords


    HFI Concerns with IDAPA RULES…

    IDAPA 16 Department of Health and Welfare Docket 16-0000-1900

    IDAPA 16 Department of Health and Welfare Docket 16-000-1900f

    **You can choose to send public comments on these rules and other areas that cause you concern!
     Don’t limit yourself! 

    You can send numerous emails on various topics. Just be sure to email the appropriate department. All Health and Welfare Concerns: go to dhwrules@dhw.idaho.gov 

    Make the MOST of your time and efforts 

    Be sure to CC your email all the Health and Welfare Committee legislators, your personal legislators <find them here> and Health Freedom Idaho) 

    <COPY/Paste EMAILS Addresses>

    WHAT ABOUT OTHER RULES? 

    There are a lot to choose from, such as the Department of Transportation, Fish and Game, Environmental Quality, Dentistry, Education, Board of Medicine, Idaho Commission on the Arts, Parks and Recreation, State Police, Attorney General and many more.  If you click on the rule you are interested in in the table of contents, it will take you to that section in the document where you can read what the rule says.

    • You do not like the way that the Department of Labor deals with unemployment insurance requirements.
    • You believe that the systems for pardons and parole needs improvement.
    • You do not like the Commission of Libraries condoning promotions of certain political agendas.
    • You believe the Department of Education should allow more charter schools.
    • You believe the requirements to get an occupational license for Sign Language Interpreters is restrictive.
    • You believe the Health and Welfare Department is denying parental choice when it comes to vaccinations.
    • You are tired of Common Core (re-branded as Idaho Core) and its agenda in the schools.

    HINT: Concerned about other department’s rules? You can find the department’s contact information by looking at the document pages 4 – 25 and click the hyperlinked “Notice of Omnibus Rulemaking – Temporary and Proposed Fee Rulemaking” there is a link under each docket. 

    We have this opportunity to make a public comment to the department on every state rule. This has NEVER happened in Idaho before, don’t squander it.


    RESOURCES:

    What’s the difference? Negotiated and Proposed Rules? <see page 8>

    Where did all these rules come from? Here is an index of all the rules https://adminrules.idaho.gov/cindex/16.pdf

  • How Can They Just Change The Rules Like That?!

    Did you see the new rules? The Health Department is busy this summer and your IMMEDIATE ATTENTION NEEDED! This Thursday and Friday, you the citizen, has the opportunity to use voice and direct the outcome of the rules that affect your family. Our state government is structured in a way that the statutes are voted upon by the Legislature from January to March of each year. The rules (application of those statutes) are directed by the individual state departments throughout the rest of the year. These rules are made up by the departments, but they require public meetings. However, when the public doesn’t attend and our concerns aren’t voiced, the rule changes can seriously impact our daily lives of the citizens. There are two rules they are proposing. One we can get behind and the other needs strong opposition. Please join us! Be Prepared to Testify for 3 minutes. Public speaking IS NOT REQUIRE! Just come support those who are testifying, you submit your written testimony. You can do so Anonymously if you wish!

    How to Testify
    STEP 1: WRITE UP YOUR TESTIMONY and e-mail: Rafe.Hewett@dhw.idaho.gov 

    STEP 2: ATTEND THE RULEMAKING MEETING this Thursday and Friday the Health Department will be hosting a rule making meeting. They held one yesterday, and look how empty it was. It’s time to change that!

    Join Us!
    BOISE AREA RESIDENTS:

    THIS Thursday, July 12, 2018 
    10 a.m. Exemption form discussion 
    <they break for lunch>
    1 p.m. (new vaccine requirement discussion) 
    BOISE AREA: Meridian Courtyard by Marriott Balboa meeting room 1789 South Eagle Road Meridian, ID 83642

    IDAHO FALL AREA RESIDENTS:
    THIS Friday, July 13, 2018 
    8 a.m. Exemption Form Discussion
    10:30 New Vaccine Requirement Discussion
    Idaho Falls Hampton Inn(at the mall)Hampton Bay meeting room 2500 Channing Way Idaho Falls, ID 83404

    THE NEW RULES:
    1.
    Voice your approval for the temporary rule that clarifies the use of a parental written statement for vaccine exemptions for school and daycare. Changes to IDAPA 16.02.15 Immunizations

    Idaho legislators and interested stakeholders have identified the need to clarify this rule to ensure that the immunization exemption/opt-out language therein is consistent with Section 39-4802, Idaho Code, and legislative intent.This rulemaking adds language clarifying that parents requesting an immunization exemption may do so either on the Department’s standard form or in a written, signed statement indicating their choice to exempt their child from immunization requirements.
    See our article about the vaccine exemption form problems

    *This rule has been added temporarily in order to help parents enroll in school and daycare programs. We must still voice our approval so that it will remain.

    2.
    Voice Your Disapproval for the increased vaccine requirements for high schools students.

    NEW IMMUNIZATION REQUIREMENT FOR SCHOOLS
    The Department invites interested stakeholders to participate in negotiated rulemaking for this chapter, IDAPA16.02.15, “Immunization Requirements for Idaho School Children.” The purpose of this rulemaking is to add a new school entry immunization requirement to require a second dose of meningococcal (MenACWY) vaccination beforea student enters the 12th grade in Idaho, starting with school year 2020-2021. If a student received their first dose ofmeningococcal (MenACWY) vaccine at 16 years of age or older, they will not be required to receive the second dosebefore entry into the 12th grade.

    Learn More about the Ineffectiveness of the Vaccine
    In 2015 there were a total of 375 cases NATIONWIDE. In 2016 it reached a historic low rate of .12 per 100,000 people a total of 370 cases nationwide.
    https://www.cdc.gov/meningococcal/surveillance/index.html

    CDC reports that those in College who had meningitis 92% were vaccinated.
    CDC reports that adverse reactions to the vaccine .3%.
     https://www.cdc.gov/meningococcal/downloads/NCIRD-EMS-Report.pdf

     These are the figures for New York, doing the math – how would they compare to Idaho? 

    ______________________

    REMEMBER THERE ARE SEVERAL METHOD OF PARTICIPATION:

    Persons wishing to participate in the negotiated rulemaking may do any of the following:

    1. Attend or call in to the negotiated rulemaking meetings as scheduled above;

    2. Provide oral or written recommendations, or both, at the negotiated rulemaking meetings; or

    3. Submit written recommendations and comments to this address on or before Friday, July 13, 2018:

    Send to: Hand deliver to:Idaho Department of Health and Welfare Idaho Department of Health and Welfare
    Division of Public Health Division of Public Health

    Attn: Rafe Hewett, Health Program Manager
    P.O. Box 83720 450 West State Street, 4th Floor Boise, ID 83720-0036 

    E-mail: Rafe.Hewett@dhw.idaho.gov
    Rafe Hewett at (208) 334-5942

    Freedom requires self-discipline, and it begins with our understanding of how our State and Federal Government are structured and becoming involved in the statutes and rules that are created by them. We hope to make it easy to participate and protect your health freedoms in Idaho.