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  3. DUT-KS-010

Ex. DUT-KS-010 Standing duty Primary source read

K.S.A. 65-202 (2019), Duties of local health officers; investigation of communicable disease; 'all known measures to prevent the spread'

65-202. Oath and bond of local health officers; duties and compensation; inspection of school buildings, county option; employment of additional personnel; removal from office; criminal penalties

Kansas Legislature (K.S.A. 2019 statute page, Kansas Legislature archive li_2020) · Kansas (State)

The COVID Project

The record

Jurisdiction
Kansas
Level
State
Authority
K.S.A. 65-202 (2019)
Issued
2020-06-09 June 9, 2020
Effective
standing throughout 2020-2021 (the 2019 page is the text in force to June 8, 2020; the quoted duty sentence is unchanged in KS-027 § 38) (read as 2020-06-08)
End
standing (read as 2021-09-30)
In force
Standing since June 8, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureGathering capQuarantine and isolationStanding duty
Addressees
  • local health officers (duty); persons and businesses in the county (objects of the measures)
Character
statutory duty
Collection
Standing duties: Kansas DUT-KS

Operative words

Such officer shall make or have made an investigation of each case of... such other acute infectious, contagious or communicable diseases as may be required, and shall use all known measures to prevent the spread of any such infectious, contagious or communicable disease, and shall perform such other duties as this act... or the secretary of health and environment may require.

Penalty

removal from office and a fine of $10 to $100 for the officer who fails to perform; orders enforced through K.S.A. 65-127 and 65-129 (DUT-KS-004, DUT-KS-006)

What it required

Placed on every local health officer a mandatory duty ('shall use all known measures') to prevent the spread of COVID-19 in the county; the source of the county stay-home, business, bar-closure, curfew and mask orders in the library (KS-080 to KS-096), and the reason those orders reached every business in the county.

Retrieval note

HB 2016 § 38 (KS-027) restyled the section into lettered subsections and added, in (d)(2), that orders 'may be reviewed, amended or revoked by the board of county commissioners as provided in K.S.A. 65-201(b)'; the 'all known measures' duty is unchanged in every version.