The COVID Project
The record
- Jurisdiction
- District of Columbia
- Level
- State
- Authority
- District of Columbia Public Emergency Act of 1980, D.C. Law 3-149, sec. 5a, as added by D.C. Law 14-194 sec. 903(c)
- Issued
- 2002-10-17 Oct. 17, 2002
- Effective
- 2002-10-17; in force throughout 2020-2021 (read as 2002-10-17)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Oct. 17, 2002 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationHealth care ordersQuarantine and isolationStanding duty
- Addressees
- persons generally; licensed health care providers (subsection (d)(3)); volunteer health practitioners
- Character
- statutory authority
- Collection
- Standing duties: District of Columbia DUT-DC
Operative words
When the Mayor declares a public emergency pursuant to sec. 7-2304, the Mayor may issue an additional executive order to proclaim a public health emergency if the Mayor has reasonable cause to believe that there is an imminent hazard of or actual occurrence of any of the following harms:... (3) Widespread exposure to an infectious or toxic agent
Penalty
Orders issued under it are emergency executive orders enforceable under sec. 7-2307 (Ex. DUT-DC-003)
What it required
Authorizes the public health emergency executive order under which every COVID-19 Mayor's Order was issued (Mayor's Order 2020-046 and its extensions to July 25, 2021), and lists the terms such an order may include, among them subsection (d)(3): exemption of licensed health care providers 'from civil liability for damages for any actions taken within the scope of the provider's employment or voluntary service to implement the provisions of the District of Columbia response plan and of subchapter II of Chapter 1 of this title, except in instances of gross negligence, and solely for the duration of the public health emergency.' Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteRecited as 'section 5a of the District of Columbia Public Emergency Act of 1980' in every COVID-19 Mayor's Order. The permanent (d)(3) health-care-provider exemption is the baseline of the District's liability treatment; the temporary (3A) exemption for 'any person' added by D.C. Act 23-286 sec. 401 is Ex. DUT-DC-015.