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

15 Miss. Admin. Code Pt. 2, Subpt. 11, ch. 1, Mississippi State Department of Health Rules and Regulations Governing Reportable Diseases and Conditions

Rules and Regulations Governing Reportable Diseases and Conditions (duty to report; duties of local health officer; suspects and contacts required to submit to examination; persons in charge of businesses and institutions required to exclude certain persons; food handling establishments; specific disease control measures)

Mississippi State Board of Health / Mississippi State Department of Health, Office of Communicable Diseases · Mississippi (State)

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The record

Jurisdiction
Mississippi
Level
State
Authority
Miss. Code Ann. §§ 41-3-17 and 41-91-7 (recited as 'Source' under each rule); the rules § 41-23-1 commands the Board to adopt (Ex. DUT-MS-009)
Effective
standing
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
Workplace rulesQuarantine and isolationStanding dutyOperating condition
Addressees
  • owners or persons in control of premises (persons in charge of food businesses, schools and institutions); persons generally (suspects and contacts); clinicians, laboratories and hospitals
Character
sanitary code duty
Collection
Standing duties: Mississippi DUT-MS

Operative words

the person in charge of any establishment or business dealing with perishable foods or foodstuffs for public consumption knows or suspects that any person... employed in said... business is afflicted with any disease transmissible under the conditions prevailing in that... establishment, said person in charge shall exclude the affected person from... working in said... business

Penalty

Prosecution at law and isolation (Rule 1.6.1); § 41-3-15(12) detainment and arrest (Ex. DUT-MS-001); § 41-23-2 felony for an afflicted person's violation of a health officer's order (Ex. DUT-MS-008)

What it required

Persons in charge of food businesses and of any school or institution must exclude from work any person with a disease transmissible under the conditions of the establishment (Rule 1.7.1); the local health officer determines 'whether to impose restrictions on the activities of patients or contacts of persons with a communicable disease' and fixes 'the period of isolation' (Rule 1.4.1); suspects and contacts who refuse examination 'shall be prosecuted at law to compel compliance and/or be isolated in a manner prescribed by the health officer' (Rule 1.6.1); every food establishment 'shall conform to the specifications of the current Mississippi Food Code' (Rule 1.8.1); clinicians and laboratories must report reportable diseases and conditions (Rules 1.1.1, 1.3.1).

Retrieval note

Linked from MSDH's Reportable Diseases page (msdh.ms.gov/msdhsite/_static/14,0,194.html). MSDH's current List of Reportable Diseases and Conditions (resources/877.pdf, revision Oct. 11, 2023; read, not saved) designates 'Any Suspected Outbreak (including but not limited to foodborne, waterborne, COVID-19, and respiratory outbreaks)' a Class 1A condition reportable within 24 hours. The Secretary of State's Administrative Code copy (sos.ms.gov/adminsearch/ACCode/00000200c.pdf) refuses fetching.