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  3. DUT-MD-001

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

Statute

Secretary's duty to adopt rules and regulations to prevent the spread of infectious or contagious disease and to act to prevent its spread

Maryland General Assembly (Annotated Code of Maryland, Health-General Article, Title 18, Subtitle 1) · Maryland (State)

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The record

Jurisdiction
Maryland
Level
State
Authority
Md. Const. art. III (legislative power); police power of the State
Effective
in force throughout 2020 Q2 to 2021 Q3
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureWorkplace rulesStanding duty
Addressees
  • the Secretary of Health; through the regulations and directives issued under it, persons generally, businesses and facilities
Character
statutory duty
Collection
Standing duties: Maryland DUT-MD

Operative words

(a) The Secretary shall adopt rules and regulations necessary to prevent:... (2) The spread of an infectious or contagious disease.... (b) When the Secretary has reason to believe that [such a] disease... exists within the State, the Secretary shall: (1) Investigate the suspected disease; and (2) Act properly to prevent the spread of the disease.

Penalty

Directives issued in a catastrophic health emergency are enforced by Health-Gen. § 18-907 (misdemeanor; 1 year or $3,000) and Pub. Safety § 14-3A-08 (misdemeanor; 1 year or $5,000); business cessation orders under COMAR 10.06.01.06C

What it required

Commanded the Secretary of Health to regulate against, investigate and act to prevent the spread of any infectious or contagious disease in the State; the statutory footing of every MDH Directive and Order in the library and of COMAR 10.06.01.

Retrieval note

Recited as authority in COMAR 10.06.01 (Ex. DUT-MD-014, Authority line: Health-General Article, §§ 2-104(b), 18-102, 18-103, 18-105, 18-201...). Companion sections read on mgaleg.maryland.gov (not saved): § 18-101 (Secretary shall investigate the causes of disease and epidemics and 'the influence of locality, employment, habit, and other conditions on health'); § 18-103 (Secretary shall 'devise means to control communicable diseases').