Skip to content
The COVID Project
  1. Library
  2. Standing duties: Ohio
  3. DUT-OH-002

Ex. DUT-OH-002 Standing duty Primary source read

Statute (version effective June 23, 2021, Sub. S.B. 22, 134th G.A.)

Department of health - powers

General Assembly of Ohio (Sub. S.B. 22, 134th G.A., passed notwithstanding the Governor's veto March 24, 2021) · Ohio (State)

The COVID Project

The record

Jurisdiction
Ohio
Level
State
Authority
Ohio Const. art. II, secs. 1 and 16 (veto override); the police power of the State
Issued
2021-06-23 June 23, 2021
Effective
June 23, 2021 (read as 2021-06-23)
End
standing (this version superseded October 13, 2021 by Am. H.B. 244, 134th G.A., Ex. OH-064, which added division (B)(2) on travelers from countries under a CDC level-4 notice) (read as 2021-10-13)
In force
Standing since June 23, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2021 Q22021 Q3
Limitation types
Emergency declarationQuarantine and isolationStanding duty
Addressees
  • the Department of Health and its Director; boards of health; through the orders issued under it, persons generally and specified facilities (the nursing-home and residential-care testing orders, Exs. OH-049, OH-071, ran under it to July 1, 2022)
Character
statutory authority
Collection
Standing duties: Ohio DUT-OH

Operative words

(B)(1) The department of health shall have supervision of all matters relating to the preservation of the life and health of the people and have authority in matters of quarantine and isolation... (C) Subject to section 101.36 of the Revised Code, the department may make special or standing orders or rules for preventing the spread of contagious or infectious diseases.

Penalty

R.C. 3701.352 and 3701.99(C) unchanged: misdemeanor of the second degree (Exs. DUT-OH-004, DUT-OH-005)

What it required

Preserved the Department's power to declare and enforce quarantine and isolation and to issue 'special or standing orders or rules for preventing the spread of contagious or infectious diseases,' now subject to legislative rescission by concurrent resolution under new R.C. 101.36, defined 'isolation' and 'quarantine' by reference to medical diagnosis and direct contact, and made the Department's authority 'superior to the authority of a board of health.' Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

The 2021 Q3 version. S.B. 22 also amended R.C. 3701.14(A) to read 'Subject to section 101.36' and R.C. 3707.01 to add the isolation and quarantine definitions; the enrolled act is Ex. OH-045. The section's text confirms that the Department's order-making power against contagious disease continued through 2021 Q3; what changed was legislative oversight, not the duty of persons to obey under R.C. 3701.352.