The COVID Project
The record
- Jurisdiction
- Missouri
- Level
- State
- Authority
- RSMo 192.006 and 192.020 (19 CSR 20-20.040); RSMo 192.020 (19 CSR 20-20.050)
- Issued
- 2019-06-28 June 28, 2019
- Effective
- standing (text in force from Jan. 30, 2020 through the claimable quarters; subsections (2)(G), (2)(H), (2)(I) and section (6) of 20-20.040 and section (3) of 20-20.050 'terminated' effective Dec. 22, 2021 as a result of Robinson v. DHSS, No. 20AC-CC00515 (Cole Cnty. Cir. Ct. Nov. 22, 2021), after the last claimable quarter) (read as 2020-01-30)
- End
- standing (closure clauses to Dec. 22, 2021) (read as 2021-12-22)
- In force
- Standing since Jan. 30, 2020 (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
- Business closureGathering capSchools and child careWorkplace rulesQuarantine and isolationStanding duty
- Addressees
- the local health authority and the Department (duties to act); persons generally; owners or persons in control of premises and establishments; food handlers and their employers
- Character
- sanitary code duty
- Collection
- Standing duties: Missouri DUT-MO
Operative words
It shall be the duty of the local health authority, the director of the department, or the director's designated representative... to--... (G) Establish appropriate control measures which may include isolation, quarantine, disinfection, immunization, closure of establishment,... the creation and enforcement of adequate orders to prevent the spread of the disease
Penalty
RSMo 192.320: class A misdemeanor for violating the provisions of sections 192.020 to 192.490, which include the rules made and enforced under § 192.020 (Ex. DUT-MO-004)
What it required
On report of a communicable disease the local health authority and the Department were under a duty to inspect premises 'in a condition conducive to the spread of the disease,' to 'immediately institute appropriate control measures' including 'closure of establishment' and 'the creation and enforcement of adequate orders to prevent the spread of the disease' (20-20.040(2)(A), (2)(G), (3)(A)), with local measures 'at least as stringent as those established by the director' (20-20.040(3)(C)); the same officers were 'empowered to close any public or private school or other place of public or private assembly when, in the opinion of' the officer 'the closing is necessary to protect the public health,' and 'in a statewide pandemic, only the director... or the director's designated representative shall have the authority to close' such places (20-20.050(3)); no person with a communicable disease or its listed signs and symptoms may engage in food handling (20-20.060(2)).
Retrieval noteThe Wayback Machine's capture of April 1, 2020 of the Secretary of State's chapter PDF (publication date 12/31/19 on its pages; sha256 computed with sha256sum on the saved file. This is the text in force when the DHSS orders of April 3, April 27 and May 28, 2020 issued 'pursuant to... 19 CSR 20-20.040' and when every county and city order in the library issued. The current chapter PDF (read, not saved) carries the Secretary of State's notations that subsections (2)(G), (2)(H), (2)(I) and section (6) of 20-20.040 and section (3) of 20-20.050 were 'terminated as a result of Shannon Robinson, et al. v. Missouri Department of Health and Senior Services... effective December 22, 2021,' and that 'Pursuant to Executive Order 21-07, 19 CSR 20-20.040 was suspended from March 24, 2020 through May 1, 2021.' The instrument behind the second notation is the DHSS Director's waiver of March 24, 2020 (Ex. MO-003), whose own words waive 20-20.040 and 20-20.050 only 'to the extent necessary to remove the authority of a local health authority from closing or restricting the operations of a business which is a part of the food supply' and provide that the waiver 'shall not limit the authority of a local health authority from closing or restricting the operations of a retail food establishment'; the Department itself issued its statewide orders under 20-20.040 throughout that period, and the Eastern District of Missouri applied 20-20.050(3) on May 8, 2020 (Ex. DUT-MO-014 at 10). The Robinson judgment (Nov. 22, 2021; DHSS letter to local agencies of Nov. 30, 2021 is Ex. MO-023) post-dates every claimable quarter and was a declaratory judgment on delegation; it did not vacate any order issued or enforced in 2020-2021 and did not touch RSMo 192.020, 192.290, 192.300 or 192.320.