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Ex. DUT-PA-005 Standing duty Primary source read

Regulation (28 Pa. Code ch. 27, subch. C, sec. 27.60)

28 Pa. Code sec. 27.60, Disease control measures

Pennsylvania Department of Health (regulation adopted with the Advisory Health Board) · Pennsylvania (State)

The COVID Project

The record

Jurisdiction
Pennsylvania
Level
State
Authority
35 P.S. secs. 521.5, 521.16; 71 P.S. secs. 532, 536, 1403 (recited in the chapter's authority note)
Issued
2002-01-25 Jan. 25, 2002
Effective
Standing regulation throughout 2020 and 2021 (read as 2002-01-25)
End
standing (read as 2021-09-30)
In force
Standing since Jan. 25, 2002 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Quarantine and isolationStanding duty
Addressees
  • the Department of Health and local health authorities (duty to direct); persons subject to the measures directed (the Department's and local authorities' orders bind persons, owners of premises and businesses under 35 P.S. sec. 521.20 and 71 P.S. sec. 1409)
Character
statutory duty
Collection
Standing duties: Pennsylvania DUT-PA

Operative words

The Department or local health authority shall direct isolation of a person... with a communicable disease or infection;... quarantine or modified quarantine of contacts...; and any other disease control measure the Department or the local health authority considers to be appropriate..., when the disease control measure is necessary to protect the public from the spread of infectious agents.

Penalty

28 Pa. Code sec. 27.8(a) (Ex. DUT-PA-009): fine of $25 to $300 with costs, up to 30 days in default; 35 P.S. sec. 521.20 (Ex. DUT-PA-001); 71 P.S. sec. 1409 (Ex. DUT-PA-007)

What it required

Directed the Department and every local health authority (including the Philadelphia and Allegheny County health departments) to impose isolation, quarantine and 'any other disease control measure... necessary to protect the public from the spread of infectious agents,' the regulatory footing recited in every Secretary of Health COVID-19 order.

Retrieval note

Official Pennsylvania Code page rendered to PDF. Recited as '28 Pa. Code secs. 27.60-27.68' in PA-007 and PA-008 and as 'sec. 27.60' in the face-covering, mitigation and school orders (PA-015, PA-016, PA-020, PA-022, PA-042). The Corman Court (PA-045) construed the Secretary's sec. 27.60 authority as reaching persons with, or exposed to, a communicable disease when a disaster emergency is not in force; that construction governs the Sept. 7, 2021 school order and no order of the emergency period.