The COVID Project
The record
- Jurisdiction
- North Carolina
- Level
- State
- Authority
- G.S. 130A-135; G.S. 130A-144(g) (Commission shall adopt rules prescribing control measures)
- Issued
- 1988-03-01 Mar. 1, 1988
- Effective
- standing throughout 2020-2021 (read as 1988-03-01)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Mar. 1, 1988 (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
- Workplace rulesQuarantine and isolationStanding dutyOperating condition
- Addressees
- persons generally (through G.S. 130A-144(f)); persons infected or exposed; physicians and local health directors who give the measures; employers whose infected or exposed workers are subject to isolation or quarantine
- Character
- guidance incorporated
- Collection
- Standing duties: North Carolina DUT-NC
Operative words
the recommendations and guidelines for... prevention of transmission for each disease and condition specified by the American Public Health Association... shall be the required control measures.... Guidelines and recommended actions published by the Centers for Disease Control and Prevention shall supercede those... and are likewise incorporated by reference, including subsequent amendments
Penalty
Misdemeanor under G.S. 130A-25(a); imprisonment up to two years for violation of G.S. 130A-144(f) (G.S. 130A-25(b)); injunction under G.S. 130A-18 (Ex. DUT-NC-002)
What it required
The CDC's published guidelines and recommended actions for prevention of transmission are the legally required control measures for each communicable disease (para. (a)), which G.S. 130A-144(f) commands all persons to obey; for an outbreak designated by the State Health Director, 'control measures shall be those which can reasonably be expected to decrease the risk of transmission and which are consistent with recent scientific and public health information' and, for airborne diseases, 'shall require physical isolation for the duration of infectivity' (para. (b)(1)-(2)); isolation and quarantine orders 'shall require compliance with applicable control measures and shall state penalties for failure to comply' (para. (d)).
Retrieval noteThe central North Carolina instrument for the voluntariness ground: by rule of the Commission for Public Health, CDC guidance was not advice in North Carolina but 'the required control measures', incorporated 'including subsequent amendments and editions', and G.S. 130A-144(f) made compliance with control measures a duty of all persons. The NCDHHS isolation and quarantine directions of 2020-2021 (and the StrongSchoolsNC Toolkit quarantine rules, Ex. NC-072) implemented this rule.