The COVID Project
The record
- Jurisdiction
- Maryland
- Level
- State
- Authority
- Md. Const. art. II; 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
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Stay-at-homeBusiness closureGathering capHealth care ordersVaccination or testingQuarantine and isolationStanding duty
- Addressees
- the Governor and the Secretary of Health; through the orders, every person, facility and health care provider in Maryland
- Character
- statutory authority
- Collection
- Standing duties: Maryland DUT-MD
Operative words
(d) (1) The Governor may order the evacuation, closing, or decontamination of any facility. (2) If necessary and reasonable to save lives or prevent exposure to a deadly agent, the Governor may order individuals to remain indoors or refrain from congregating.
Penalty
Pub. Safety § 14-3A-08(a): knowing and willful failure to comply with an order, requirement or directive under this subtitle is a misdemeanor, 1 year or $5,000 or both (Ex. DUT-MD-008); health care practitioners: discipline under Health Occ. § 1-219
What it required
Authorized, after the March 5, 2020 proclamation, the closure of any facility, the stay-at-home and gathering orders, mandatory testing and isolation, and the conscription of health care providers into 'disease surveillance, treatment, and suppression efforts'; the District of Maryland identified this section as the source of the Governor's closure, gathering and face-covering orders (Ex. DUT-MD-017 at 5). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteSubsection (b)(3) (in the exhibit): if 'medically necessary and reasonable to treat, prevent, or reduce the spread of the disease,' the Governor may order the Secretary to 'require individuals to submit to medical examination or testing,' 'require individuals to submit to vaccination or medical treatment,' 'establish places of treatment, isolation, and quarantine,' and 'require individuals to go to and remain in places of isolation or quarantine.' Subsection (c): the Governor 'may order any health care provider, who does not voluntarily participate, to participate in disease surveillance, treatment, and suppression efforts or otherwise comply with the directives of the Secretary.' Pub. Safety § 14-3A-07 (read live): the subtitle's authority 'is in addition to, and not in derogation of' the Governor's and Secretary's other powers. The definition of 'deadly agent' in § 14-3A-01(c) includes any 'viral agent... capable of causing extensive loss of life or serious disability' (read live).