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Ex. DUT-KS-005 Standing duty Primary source read

K.S.A. 65-128, Rules and regulations and orders of the secretary to prevent the spread of disease; testing, isolation and quarantine

65-128. Rules and regulations of secretary to prevent spread and dissemination of diseases; testing and quarantine; protection of providers and recipients of services

Kansas Legislature (K.S.A., Revisor of Statutes) · Kansas (State)

The COVID Project

The record

Jurisdiction
Kansas
Level
State
Authority
K.S.A. 65-128
Issued
2021-01-01 Jan. 1, 2021
Effective
standing throughout 2020-2021 (read as 2021-01-01)
End
standing (read as 2021-09-30)
In force
Standing since Jan. 1, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Health care ordersQuarantine and isolationStanding duty
Addressees
  • persons generally (afflicted or exposed persons); health care facilities and adult care homes (testing orders)
Character
statutory authority
Collection
Standing duties: Kansas DUT-KS

Operative words

The secretary of health and environment is authorized to issue such orders and adopt rules and regulations as may be medically necessary and reasonable to prevent the spread and dissemination of diseases injurious to the public health, including... providing for the testing for such diseases and the isolation and quarantine of persons afflicted with or exposed to such diseases.

Penalty

K.S.A. 65-129: class C misdemeanor for violating, refusing or neglecting to obey the Secretary's rules or for evading or breaking quarantine (DUT-KS-006)

What it required

The Secretary's power to issue orders and rules 'medically necessary and reasonable to prevent the spread' of COVID-19, including testing, isolation and quarantine; the statutory basis of K.A.R. 28-1-6 (isolation and quarantine requirements), of the KDHE travel and exposure quarantine mandate (KS-053 to KS-057) and of the KDHE adult-care-home testing order of June 18, 2021 (KS-052), all in force in 2021 Q3. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

K.A.R. 28-1-6(a) adopts by reference the department's 'requirements for isolation and quarantine of infectious or contagious diseases' (Mar. 15, 2018), 'Authorized by K.S.A. 65-101 and K.S.A. 2017 Supp. 65-128' (read at law.cornell.edu/regulations/kansas/K-A-R-28-1-6, Sept. 28, 2026; verified_secondary; not exhibited).