PCR Testing to Return to Campus Requires the Right to Refuse. It is Illegal to Require.

Ohio University is requiring students to complete A supervised test via Zoom and ship it to Vault Health three days before they move back into their residence hall.

Pre-arrival testing is done via Vault Health Saliva PCR test kits. Vault Health’s website explicitly states their test is only Emergency Use authorized.

Ohio University faculty and staff also receive documentation of their testing results that also explicitly states it is only emergency use authorized.

Ohio Universities mandate for students and staff to be tested against COVID-19 for employment or participation at a university or other institution violates federal law.

All COVID-19 tests, whether polymerase chain reaction (PCR), antigen tests or others, are authorized, not approved or licensed, by the federal government; they are Emergency Use Authorized (EUA) only. They merely “may be effective.”

Federal law states: Title 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(I-III) of the Federal Food, Drug, and Cosmetic Act states: individuals to whom the product is administered are informed —

(I) that the Secretary has authorized the emergency use of the product;

(II) of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and

(III) of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.

EUA products are by definition experimental and thus require the right to refuse. Under the Nuremberg Code, the foundation of ethical medicine, no one may be coerced to participate in a medical experiment. Consent of the individual is “absolutely essential.” A federal court held that even the U.S. military could not mandate EUA vaccines to soldiers. Doe #1 v. Rumsfeld, 297 F.Supp.2d 119 (2003).

many studies have shown PCR tests cannot accurately provide information about infection rates and can’t identify potential outbreaks. A Large German study re-analyzed PCR tests of 160,000 people and concluded:

“In light of our findings that more than half of individuals with positive PCR test results are unlikely to have been infectious, RT-PCR test positivity should not be taken as an accurate measure of infectious SARS-CoV-2 incidence. Our results confirm the findings of others that the routine use of ‘positive’ RT-PCR test results as the gold standard for assessing and controlling infectiousness fails to reflect the fact ‘that 50–75% of the time an individual is PCR positive, they are likely to be post-infectious.’” (Stang et al, Journal of Infection, May 2021)

The issues with PCR tests are numerous:

  1. There can be large-scale test kit contamination, as both the US and the UK (and several African countries) discovered during the early phase of the pandemic.
  2. There can be testing site or lab contamination, which has led to countless false positive results, school closures, nursing home quarantines, canceled sports events, and more.
  3. The PCR test can react to other coronaviruses. According to lab examinations, this happens in about 1% to 3% of cases if only one target gene is tested, as is the case in many (but not all) labs and as the WHO itself has recommended to avoid ambiguous positive/negative test results.
  4. The PCR test can detect non-infectious virus fragments weeks after an active infection, or from an infection of a contact person, as the US CDC confirmed.
  5. The PCR test can detect viable virus in quantities too small to be infectious. A PCR test is amplifying samples through repetitive cycles. The lower the virus concentration in the sample, the more cycles are needed to achieve a positive result. Many US labs work with 35 to 45 cycles, while many European labs work with 30 to 40 cycles.

The research group of French professor Didier Raoult has recently shown that at a cycle threshold (ct) of 25, about 70% of samples remained positive in cell culture (i.e. were infectious); at a ct of 30, 20% of samples remained positive; at a ct of 35, 3% of samples remained positive; and at a ct above 35no sample remained positive (infectious) in cell culture (see diagram).

All the way back in August the Centers for Disease Control and Prevention unveiled new testing guidelines, which suggested asymptomatic people with known exposure to covid-19 didn’t need to be tested.

If you have no symptoms you obviously have no risk of injury. If you have no symptoms you have little to no chance of spreading COVID to others. Studies confirmed this last year. A study from May 2020 All CT images showed “no sign of COVID-19 infection. No severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) infections was detected in 455 contacts by nucleic acid test.”

They concluded, “Conclusion: In summary, all the 455 contacts were excluded from SARS-CoV-2 infection and we conclude that the infectivity of some asymptomatic SARS-CoV-2 carriers might be weak.”

The failures of PCR testing still are not the primary problem with Asymptomatic Testing. Take a second and think about it logically, If you have no symptoms, no signs of being sick, and no risk of asymptomatically spreading COVID to others WHY ARE YOU TESTING?

In this case the only reason to test would be to get a false positive and delay your return to campus, which would harm your education and experience.

What you can do to avoid taking an inaccurate EUA PCR Test

You can try applying for a test, mask, or vaccine exemption through Ohio U https://www.ohio.edu/coronavirus/exemptions or,

Last semester when COVID Operations ordered me to take a COVID test I informed them requiring an EUA PCR tests is Federally ILLEGAL and said therefore I would not take another PCR test. After that I did not receive anymore emails about testing. I would recommend anyone who want’s to refuse a PCR test to inform COVIDoperations@ohio.edu that you are exercising your right to refuse Emergency Use Authorized Products which is protected by federal law: 21 U.S. Code § 360bbb–3 — Authorization for medical products for use in emergencies, and you will not be taking a PCR test as a condition of returning to campus.

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