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Ex. DUT-MD-003 Standing duty Primary source read

Statute

Secretary's orders in a catastrophic health emergency: evaluation and treatment, isolation and quarantine of individuals and groups, direction of local health officers, and orders to law enforcement to enforce

Maryland General Assembly (Health-General Article, Title 18, Subtitle 9, Catastrophic Health Emergencies) · Maryland (State)

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The record

Jurisdiction
Maryland
Level
State
Authority
Md. Const. art. III; police power of the State; Pub. Safety Title 14, Subtitle 3A (definitions incorporated by Health-Gen. § 18-901)
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
Health care ordersQuarantine and isolationStanding duty
Addressees
  • persons exposed or believed exposed; groups of individuals; health officers; law enforcement officers
Character
statutory authority
Collection
Standing duties: Maryland DUT-MD

Operative words

(ii)... may order an individual or group of individuals to go to and remain in places of isolation or quarantine until the Secretary determines that the individual no longer poses a substantial risk of transmitting the disease...; (3) May order any sheriff, deputy sheriff, or other law enforcement officer... to assist in the execution or enforcement of any order issued under this subtitle.

Penalty

Health-Gen. § 18-907(a): knowing and willful failure to comply is a misdemeanor, 1 year or $3,000 or both (Ex. DUT-MD-004)

What it required

Empowered the Secretary of Health, once the Governor proclaimed a catastrophic health emergency, to order individuals and groups into isolation or quarantine, to direct every county health officer, and to command law enforcement to enforce; the footing of the MDH quarantine and isolation designations (Ex. MD-041) and the traveler testing and quarantine orders (Exs. MD-023, MD-050). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Subsection (b) (read on mgaleg, in the exhibit) conditions the Secretary's orders on the Secretary's determination that the outbreak can be medically contained or on the Governor's proclamation under Pub. Safety § 14-3A-02; the proclamation of March 5, 2020 (Ex. MD-001) satisfied it for every quarter to August 15, 2021. Health-Gen. § 18-906 (read live, not saved) prescribes the written directive and the circuit-court hearing within 3 days, and provides that 'a request for a hearing may not stay or enjoin an isolation or quarantine directive.'.