{"id":"DUT-MA-001","kind":"duty","level":"state","jurisdiction":"Massachusetts","state":"MA","metro":"","industry":"","agency":"","eco":"","issuer":"General Court (codified statute administered by the Commissioner of Public Health)","authority":"Massachusetts General Laws, Part I, Title II, Chapter 17 (Department of Public Health)","instrument":"G.L. c. 17, s. 2A","title":"Emergency powers of the Commissioner of Public Health upon the Governor\u0027s declaration of an emergency detrimental to the public health","dateIssued":"2026-09-28","effective":"standing","end":"standing","startDate":"2026-09-28","endDate":"","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMER","QUAR","HC"],"addressees":["persons generally; owners or persons in control of premises; health care facilities and specified businesses reached by the Commissioner\u0027s orders"],"clause":"Upon declaration by the governor that an emergency exists which is detrimental to the public health, the commissioner may, with the approval of the governor and the public health council, during such period of emergency, take such action and incur such liabilities as he may deem necessary to assure the maintenance of public health and the prevention of disease.","enforcement":"Enforced through the instruments issued under it (G.L. c. 111 penalties; facility licensure; the orders\u0027 own penalty clauses)","functions":[],"notes":"Once the Governor declared a public health emergency (March 10, 2020, Ex. MA-001; May 28, 2021, Ex. MA-049), the Commissioner could take any action necessary to maintain public health and prevent disease and could \u0027establish procedures to be followed during such emergency to insure the continuation of essential public health services and the enforcement of the same,\u0027 the authority under which every DPH order of 2020 and 2021 issued. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).","sourceUrl":"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter17/Section2A","snapshot":"","fileExists":true,"fileBytes":51353,"grade":"primary","character":"statutory_authority","description":"","collection":"DUT-MA","url":"/library/DUT-MA-001","exhibitUrl":"/exhibit/DUT-MA-001","citation":"General Court (codified statute administered by the Commissioner of Public Health), G.L. c. 17, s. 2A (standing) (Ex. DUT-MA-001)","stateName":"Massachusetts","related":["MA-001","MA-049","MA-048","DUT-MA-020","MA-050","MA-054","MA-056","MA-067","DUT-MA-028"]}