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Ex. DUT-NY-007 Standing duty Primary source read

N.Y. Public Health Law § 2100 (communicable diseases; local boards of health and health officers; powers and duties)

Communicable diseases; local boards of health and health officers; powers and duties

New York State Legislature (Public Health Law, article 21, title 1); powers exercised by local boards of health and health officers · New York (State)

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The record

Jurisdiction
New York
Level
State
Authority
N.Y. Const. art. XVII, § 3; police power; L. 1953, ch. 879, as amended
Effective
standing; text in force throughout March 2020 to September 2021
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
Business closureQuarantine and isolationStanding duty
Addressees
  • persons generally ('all persons and things infected with or exposed to'); owners or persons in control of premises, places and things
Character
statutory duty
Collection
Standing duties: New York DUT-NY

Operative words

1. Every local board of health and every health officer shall guard against the introduction of such communicable diseases as are designated in the sanitary code, by the exercise of proper and vigilant medical inspection and control of all persons and things infected with or exposed to such diseases. 2. Every local board of health and every health officer may: (a) provide for care and isolation of cases... (b)... prohibit and prevent all intercourse and communication with or use of infected premises, places and things

Penalty

§ 12-b(1): wilful refusal to comply with a lawful order of a local board of health or health officer is a misdemeanor (Ex. DUT-NY-002); § 12: civil penalty up to $2,000 per violation (Ex. DUT-NY-001)

What it required

Every local health authority to control 'all persons and things infected with or exposed to' a designated communicable disease and, on that authority, to isolate cases and to bar the use of 'infected premises, places and things' until 'thorough purification and cleansing' is complete; every owner or person in control of such premises to submit to that control, on pain of § 12-b(1) (misdemeanor for wilful refusal to comply with a local health order) and § 12.

Retrieval note

Subdivision 2(b) continues: 'and require, and if necessary, provide the means for the thorough purification and cleansing of the same before general intercourse with the same or use thereof shall be allowed.' The workplace-outbreak closures and cleaning orders of 2020-2021 by county health departments rest on this section together with 10 NYCRR 2.6 and 2.13.