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Ex. DUT-MA-001 Standing duty Primary source read

G.L. c. 17, s. 2A

Emergency powers of the Commissioner of Public Health upon the Governor's declaration of an emergency detrimental to the public health

General Court (codified statute administered by the Commissioner of Public Health) · Massachusetts (State)

The COVID Project

The record

Jurisdiction
Massachusetts
Level
State
Authority
Massachusetts General Laws, Part I, Title II, Chapter 17 (Department of Public Health)
Issued
2026-09-28 Sept. 28, 2026
Effective
standing (read as 2026-09-28)
End
standing
In force
Standing since Sept. 28, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationHealth care ordersQuarantine and isolationStanding duty
Addressees
  • persons generally; owners or persons in control of premises; health care facilities and specified businesses reached by the Commissioner's orders
Character
statutory authority
Collection
Standing duties: Massachusetts DUT-MA

Operative words

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.

Penalty

Enforced through the instruments issued under it (G.L. c. 111 penalties; facility licensure; the orders' own penalty clauses)

What it required

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 'establish procedures to be followed during such emergency to insure the continuation of essential public health services and the enforcement of the same,' 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).

Retrieval note

Executive Order No. 591 and COVID-19 Order No. 69 both recite this section beside the Civil Defense Act (Ex. MA-001, MA-048). The Supreme Judicial Court quoted it at note 12 of Desrosiers (DUT-MA-020). The Commissioner's orders issued under it (elective procedures, visitation, long-term care control, face coverings in specified settings, PHE Orders No. 2021-1 to 2021-8) are in the State library (Ex. MA-050, MA-054, MA-056 to MA-067).