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Ex. DUT-MD-004 Standing duty Primary source read

Statute

Offense of knowing and willful failure to comply with a Secretary's order, regulation or directive; civil penalties and licensing discipline for health care facilities and practitioners; conditioned immunity of health care providers

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

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The record

Jurisdiction
Maryland
Level
State
Authority
Md. Const. art. III; 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
Health care ordersQuarantine and isolationStanding duty
Addressees
  • persons generally; health care facilities; health care practitioners
Character
order penalty
Collection
Standing duties: Maryland DUT-MD

Operative words

(a) (1) A person may not knowingly and willfully fail to comply with any order, regulation, or directive issued in accordance with § 18-905 of this subtitle. (2) A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $3,000 or both.

Penalty

Misdemeanor, imprisonment not exceeding 1 year or fine not exceeding $3,000 or both (subsection (a)); civil penalty up to $3,000 per offense for facilities (subsection (b)); probation, suspension, revocation or $3,000 per offense for practitioners (subsection (c))

What it required

Made every person's compliance with the Secretary's catastrophic-health-emergency orders, regulations and directives a criminal duty, added a $3,000-per-offense civil penalty and licensing discipline for health care facilities and practitioners, and immunized health care providers only when 'acting in good faith and in accordance with a catastrophic health emergency disease surveillance and response program.'

Retrieval note

Subsection (d), verbatim: 'A health care provider acting in good faith and in accordance with a catastrophic health emergency disease surveillance and response program is immune from civil or criminal liability related to those actions, unless the health care provider acts with willful misconduct.' This is a liability_shield_condition as well: the immunity attaches only to conduct in accordance with the State's response program.