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Ex. DUT-MD-014 Standing duty Primary source read

Regulation

COMAR 10.06.01.06, General Control Measures: duty of the Secretary and health officers to take any necessary action; duty of individuals, businesses and facilities to make records available; mandatory cessation orders against businesses and facilities that threaten public health; control of food handlers; schools and child care

Secretary of Health (Code of Maryland Regulations, Title 10, Subtitle 06, Chapter 01, Communicable Diseases and Related Conditions of Public Health Importance) · Maryland (State)

The COVID Project

The record

Jurisdiction
Maryland
Level
State
Authority
Health-General Article, §§ 2-104(b), 18-102, 18-103, 18-105, 18-201, 18-201.1, 18-202, 18-205 and others (Authority line of the chapter, in the exhibit)
Issued
2004-09-01 Sept. 1, 2004
Effective
in force throughout 2020 Q2 to 2021 Q3 (read as 2004-09-01)
End
standing (read as 2021-09-30)
In force
Standing since Sept. 1, 2004 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureSchools and child careWorkplace rulesStanding duty
Addressees
  • the Secretary and health officers (duty to act and to order cessation); individuals, businesses, facilities and agencies (records and cooperation); food handlers; principals and persons in charge of schools and child care facilities
Character
sanitary code duty
Collection
Standing duties: Maryland DUT-MD

Operative words

A. Necessary Action. The Secretary or health officer shall: (1) Take any action or measure necessary to prevent the spread of communicable disease...;... C. A health officer or the Secretary shall order cessation of operation of a business or facility determined or suspected to be a threat to public health until the public health threat is determined by the health officer to have ceased.

Penalty

Cessation of operation by order (C); food handlers excluded from handling food (E); in a catastrophic health emergency, Health-Gen. § 18-907 and Pub. Safety § 14-3A-08 (Exs. DUT-MD-004, DUT-MD-008); the county health officer orders carried the Governor's misdemeanor (Ex. MD-039 para. IV.b)

What it required

Commanded the Secretary and every county health officer to take any measure necessary against a communicable disease and to order any business or facility 'determined or suspected to be a threat to public health' to cease operating; bound every 'individual, a business, a facility, or an agency' to open its records to the epidemiologic investigation; the standing regulatory footing of the county 'Unsafe Facility' orders authorized by Order 20-04-05-02 (Ex. MD-039).

Retrieval note

The render captures the whole chapter (136 pages) with its Administrative History; Regulation.06 begins at the page headed '.06 General Control Measures.' Subsection B(4), verbatim: 'An individual, a business, a facility, or an agency, including a health care provider, school or child care facility personnel, a master of a vessel or aircraft, or a medical laboratory director, shall make available to the Secretary or a health officer all records and information necessary to the epidemiologic response or investigation.' Subsection F(2): 'The principal or other person in charge of any school or child care facility shall comply with a measure or special instruction issued by the Secretary or a health officer under Regulation.06A of this chapter.' Regulation.07A (read live, not saved) adopts the Control of Communicable Diseases Manual's recommendations 'as official and applicable to the control of disease within this State,' subject to the Secretary's regulations and special instructions. COVID-19 was made reportable under Regulation.03 by the Secretary's request under.03A ('or any other condition as requested by the Secretary').