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SAN DIEGO (KGTV) -- California state officials have issued their COVID-19 guidelines for gathering during the holidays. With less than two weeks until Thanksgiving, the guidelines include things like physical distancing and wearing a mask when not eating or drinking. There are specific guidelines for counties in the purple tier, like San Diego County. Counties in the purple tier are required to gather outdoors. Health officials recommend no more than three households and limiting the gathering to two hours or less. Infectious disease specialists say the guidelines are strict, but necessary to slow the spread of the virus. Other recommendations include having guests frequently wash their hands and having only one person serve food and beverages, with a mask on. Older and at-risk individuals are advised not to attend. To read the full list of recommendations click here. 889

SAN DIEGO (KGTV) -- As drugmakers race to develop a vaccine against the coronavirus, several legal questions are emerging: could the government require people to get it? Could people who refuse to roll up their sleeves get banned from stores or lose their jobs?The short answer is yes, according to Dov Fox, a law professor and the director of the Center for Health Law Policy and Bioethics at the University of San Diego.“States can compel vaccinations in more or less intrusive ways,” he said in an interview. “They can limit access to schools or services or jobs if people don’t get vaccinated. They could force them to pay a fine or even lock them up in jail.”Fox noted authorities in the United States have never attempted to jail people for refusing to vaccinate, but other countries like France have adopted the aggressive tactic.The legal precedent dates back to 1905. In a landmark U.S. Supreme Court case, Jacobson v. Massachusetts, the court ruled Massachusetts had the authority to fine people who refused vaccinations for smallpox.That case formed the legal basis for vaccine requirements at schools, and has been upheld in subsequent decisions.“Courts have found that when medical necessity requires it, the public health outweighs the individual rights and liberties at stake,” Fox said.In 2019, New York City passed an ordinance that fined people who refused a measles vaccination.That said, recent protests over face coverings show there could be significant backlash to a vaccine mandate, Fox said. Just because states have the power to do it, doesn’t mean it’s the best public policy, he added.Although states would have the authority to mandate vaccinations, there’s more doubt about whether Congress could enact a federal requirement.The most likely federal vaccination requirement would come in the form of a tax penalty, but Fox said given the current composition of the Supreme Court, a federal vaccine requirement would likely be found unconstitutional.Opponents of a federal mandate would cite the Supreme Court’s 2012 decision on the Affordable Care Act, Fox said. In that case, the justices ruled that Congress could not use its powers to regulate interstate commerce to require people to buy health insurance, even though the ACA’s individual mandate was ultimately upheld on separate grounds.That means the U.S. could have a patchwork of different vaccine requirements in different states.States that explore a vaccine requirement should only do so if the vaccine is widely and readily available, Fox said.“Otherwise you create an underclass of people who are less safe and without access to the basic means of society,” he said.States would need to allow exemptions for people with legitimate medical risks, like pregnancy, but not exemptions on religious or philosophical grounds, he said.“Religious exemptions are not constitutionally required by the First Amendment’s Free Exercise clause, provided that the vaccine mandates don’t single out religion; they’re not motivated by a desire to interfere with it,” he said.In the workplace, private employers would have a lot of flexibility to require vaccinations and fire workers who refuse them for anything but legitimate medical concerns.As long as employers show there are significant costs associated with having unvaccinated workers, they would not need to offer religious exemptions to employees, Fox said.Under the 1964 Civil Rights Act, employers are not required to accommodate religious employees if doing so would pose more than a “de minimis,” or minimal cost. 3561

SAN DIEGO (KGTV) -- As Gloria Rickerd flipped through the pages of her wedding album in her Mira Mesa home, she said the chemotherapy medications her husband takes has kept him alive longer than doctors anticipated.But like many Americans -- nearly one in eight, according to a recent Kaiser Family Foundation study -- she thinks the cost of those drugs is unreasonable."I walked into the pharmacy at UC San Diego, and they looked at me said that will be 0. It was like four or five pills," she said. "It’s like, ok so, this is what you want me to pay and if I can’t do that, I guess he’ll just die?"On Friday, Gov. Gavin Newsom laid out several healthcare proposals designed to lower prescription drug costs, including a plan to make California the first state to make its own generic prescription drugs.The Democratic governor wants the nation’s most populous state to contract with generic drug companies to make medications on its behalf so it could sell them to its nearly 40 million residents. The goal is to lower prices by increasing competition in the generic drug market, Newsom said.The state is still determining which drugs it will manufacture, but Newsom hinted that insulin was "top of mind."His proposal also would create a single market for drug pricing in California, with companies having to bid to sell their medicine at a uniform price. One expert said that piece would have the bigger impact."Other countries control or negotiate the price of drugs, and if there is one state that could do it, it’s California, which is the size of a country,” said Larry Levitt, executive vice president of health policy for the Kaiser Family Foundation. “A drug company could walk away from Rhode Island. It’s much harder to walk away from California.”Lawmakers would have to approve the proposals before they could become law. A legislative leader in charge of reviewing the plan gave a tentative endorsement Thursday.“If Costco can have a Kirkland brand, why can’t California have our own generic brand?” said Democratic Assemblyman Joaquin Arambula, an emergency room doctor from Fresno who chairs the House Budget Subcommittee on Health and Human Services. “I really do think there is quite a bit of merit in having us produce the medications."Priscilla VanderVeer, vice president of the Pharmaceutical Research and Manufacturers of America, which represents brand-name drug companies, said she’s waiting for more details from Newsom before commenting.A representative from the Association for Accessible Medicines, which represents generic drug manufacturers, did not respond to a request for comment."I have more questions than I do have answers," said Tatiana Fassieux of California Health Advocates. "It is a very good first step but I would not see any end result coming up soon because it is going to take time."The drug plan is part of Newsom’s budget proposal, which he presented to lawmakers Friday.Newsom’s office did not say how much the drug proposal would cost, prompting criticism from some Republican lawmakers who said the state should not compete with private companies.“When the state runs it, it costs more money,” said Republican Assemblyman Devon Mathis, who’s also on the health subcommittee. “The money is coming out of families’ pockets paying all those crazy taxes.”California law requires drug companies to report any price increases to the state. Generic drugs saw a three-year median increase of 37.6%, according to a report from the Office of Statewide Health Planning and Development. That analysis was based on the list prices of the drugs and did not include discounts or rebates.But the report doesn’t include generic drugs that decreased in price because companies are not required to report that. Nationally, generic drug prices have been decreasing overall, according to a report that AARP produced with the University of Minnesota.Supporters say California’s generic drug label could help lower the cost of a common drug that has steadily increased in price — insulin for diabetes patients. Three drug companies control most of the market for insulin.“Consumers would directly benefit if California contracted on its own to manufacture much-needed generic medications like insulin — a drug that has been around for a century yet the price has gone up over tenfold in the last few decades,” said Anthony Wright, executive director of Health Access California.Jon Roth, CEO of the California Pharmacists Association, said the state might be surprised, however, at how much it ends up charging for its own generic drugs because of factors beyond its control, including raw material shortages and disruptions in the supply chain.“There are other factors in the actual manufacturing that the state may not be able to escape,” he said.While most Americans get generic prescriptions, they only account for a small part of the total drug spending in the U.S. That’s because unlike the name-brand drug market, generics are very competitive, said Jeff Joyce, chairman of the Department of Pharmaceutical and Health Economics at USC’s School of Pharmacy. "What he is proposing to do would help in specific cases, but it’s not a panacea by any means,” Joyce said.The proposal is another step in Newsom’s effort to overhaul California’s prescription drug market. Last year, in one of his first acts in office, Newsom ordered the state to take over the Medicaid program’s prescription drug benefits, which affects 13 million people. 5477

SAN DIEGO (KGTV) - Ask anyone, and they'll probably tell you they're going through "COVID Fatigue."It's a thing. In fact, UC Davis Health defines it in a study as tired of being cooped up, tired of being careful, and scared. But what if we told you we could end this pandemic in just five weeks? An MIT-trained physicist claims he has a theory that can do just that."I am a physicist and complexity scientist, and I've been working on pandemics for 15 years," said Dr. Yaneer Bar-Yam from his Massachusetts home.Dr. Bar-Yam is president of the New England Complex Systems Institute. He's a data scientist who studies pandemics and is an expert in controlling infectious diseases. His recommendations were partly responsible for stopping Ebola in 2014, and he claims his complex theory could do the same to stop COVID-19 before a vaccine arrives."The crazy thing is we're always just about five weeks away from getting rid of this disease," said Dr. Bar-Yam.Sounds promising, but his theory takes discipline."What we really need to do is implement a set of very strong actions," added Dr. Bar-Yam.Those actions are on his website EndCoronavirus.org. There are nine specific measures to crush COVID-19 in just five weeks and fully reopen our economy, our schools, and our lives."The most important thing locally is staying away from other people because the way the disease transmits is by breathing the same air or touching the same surfaces," said Dr. Bar-Yam.One of those measures is a lockdown. But not what you might envision, by being cooped up and unable to leave your house. Dr. Bar-Yam uses a theory called Green Zones, something we could even do at the county level. The goal is to go from neighborhood to neighborhood, on a micro-community level, getting coronavirus cases down to zero."You don't want to travel to other neighborhoods or other areas because that's how you transmit the disease from area to area," said Dr. Bar-Yam.The first two weeks are used to isolate cases and stop transmission for 14 consecutive days. If you're not in a green zone, you can't travel outside your neighborhood. Then, the next two to three weeks are used to effectively test, trace, and isolate anyone capable of transmitting the virus until your community is down to zero cases. Dr. Bar-Yam describes what we're doing now as fighting a house fire by attacking the fire in only one room."That's right, it's all over the place, and we're constantly trying to deal with it. And we have to take super aggressive actions if the fire is burning all of the time," he said.If you don't think it can work, know this: his method was practiced in Ireland, Iceland, and numerous other countries, including New Zealand, where less than five cases a day have been reported since May 3. And yes, it even worked for the most part in China with it's 1.4 billion people. But here's the catch: one of the nine measures to crush COVID is "getting everyone on board." As we've seen recently in Ocean Beach or the religious gathering in Cardiff with people packed together without masks, that's a hard thing to do."Everyone has to say, 'Yes, we're going to do this together. And it's our responsibility,'" said Dr. Bar-Yam. "You can't wait for the government. You can't wait for the mayor, or the county, or the state. It has to be a community decision to do this." 3348

SAN DIEGO (KGTV) - Being shot to death by a cop. The fear is real for many families who have to call 911 on their mentally ill loved ones. As part of the Team 10 Transparency Project, 10News rode along with San Diego police to understand how officers respond to mental health emergencies. 10News is examining what police say they’re doing right to de-escalate potentially deadly encounters.This October, SDPD released officer-worn camera footage that showed the moments before officers shot and killed an El Cerrito man this summer who had charged them with a shovel. His family says he was mentally ill. The family called police when he started throwing bricks at his aunt.Police say an officer deployed a Taser but it didn't have any effect on Dennis Carolino, who began to advance. The San Diego County District Attorney’s Office is still reviewing the case, but it's stories like Carolino’s that alarm local mother Cheryl Canson. One of her adult sons has Bipolar Disorder. The other son has Schizophrenia. She says both of them experience episodes of psychosis. “They're unable to identify or distinguish whether the voice is outside [their heads] or it's their own voice or a separate voice inside,” she explains.Both of Canson’s sons are now incarcerated, but she says she always worried about their interactions with police. “I don't really look at law enforcement in a bad way but they need to be trained in dealing with mentally ill people,” she adds.RELATED: Mental health program for first responders gets OK from San Diego County supervisors“I'm very proud of the training that we receive,” says SDPD Lt. Carmelin Rivera. Lt. Rivera drove 10News around Balboa Park where he says his officers meet people from all walks of life. “It's also a place [where] oftentimes we encounter individuals that have mental illness,” he adds.San Diego County PERT (Psychiatric Emergency Response Team) Director Dr. Mark Marvin rode around with 10News, too. “We are basically providing the bulk of mental health training to law enforcement in San Diego County,” he tells 10News. The region’s eleven law enforcement agencies include San Diego Police Department, Carlsbad Police Department, Chula Vista Police Department, Coronado Police Department, El Cajon Police Department, Escondido Police Department, Harbor Police Department, La Mesa Police Department, National City Police Department, Oceanside Police Department and the San Diego County Sheriff's Department.PERT teams are made up of unarmed licensed mental health clinicians and trained sworn peace officers. Together, officers and clinicians respond to 911 calls for mental health related situations. A law enforcement officer first assesses the scene for safety, followed by a clinician, who provides specialized care.“The goal is always de-escalation,” Dr. Marvin tells 10News.This year, the San Diego County District Attorney’s Office announced an initiative to fund de-escalation training for police officers. A 25-year study from the DA’s found that 79% of officer-involved shootings had some evidence of drug use or mental health concerns.RELATED: What to do in a mental health crisis“Our training philosophy is when officers or PERT clinicians are encountering people in crisis, they're not just a collection of symptoms. They're people. They have tough stories to tell and we want to know what their stories are,” adds Dr. Marvin.Lt. Rivera tells 10News, “Really, it's about coming in with the appropriate level and tone, just like anything else.”Officers are taught how to communicate and look for cues before turning to any force. Lt. Rivera adds, “It depends on a lot of factors. Are people clenching their hands? Are they not responding to basic commands? Do they have any weapons in their hands? Have threats been made?California law mandates that officers get mental health training. Some agencies like SDPD get more field training and classroom time than other agencies.Dr. Marvin says that San Diego County is well ahead of the national training curve, but breaking stigmas will take time.The National Alliance on Mental Illness has a list of recommended things to say and do if you have to call 911 on a family member or loved one who is having a mental health crisis. Click here for more.Join our Facebook group for constructive conversation around these issues. If you are a community member with questions about how the police investigate themselves or have suggestions on how officer-involved shootings or police misconduct can be prevented, we welcome you to join this group and the conversation. Follow this link to join. 4608