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Ex. DUT-RI-001 Standing duty Primary source read

R.I. Gen. Laws § 23-1-1

General functions of department

Rhode Island General Assembly (codified statute administered by the Rhode Island Department of Health) · Rhode Island (State)

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The record

Jurisdiction
Rhode Island
Level
State
Authority
R.I. Gen. Laws tit. 23 (Health and Safety), ch. 1 (Department of Health)
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
Emergency declarationStanding duty
Addressees
  • the Department of Health (duty and rulemaking power); persons generally through the rules adopted under it
Character
statutory authority
Collection
Standing duties: Rhode Island DUT-RI

Operative words

do all in its power to ascertain the causes and the best means for the prevention and control of diseases or conditions detrimental to the public health, and adopt proper and expedient measures to prevent and control diseases and conditions detrimental to the public health in the state.

Penalty

R.I. Gen. Laws § 23-1-25 (Ex. DUT-RI-014): violation of any law administered by the director or any rule adopted under his or her authority is punishable by a fine to $100 or thirty days, or both; violation of a compliance order by a fine to $300 or ninety days, or both; each day a separate offense

What it required

The Department of Health is commanded to investigate the causes of disease and 'the prevalence of epidemics' and to adopt measures to prevent and control diseases detrimental to the public health, and 'shall adopt and promulgate rules and regulations that it deems necessary' to that end; RIDOH's Safe Activities regulation (Ex. RI-069 to RI-071, § 7.1) was promulgated under this section. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

216-RICR-50-15-7 § 7.1(A): 'These regulations are promulgated pursuant to the authority conferred under R.I. Gen. Laws § 23-1-1, 23-1-17, and 42-35-2.10 and to Executive Order 20-32' (Ex. RI-069); the June 18, 2021 version recites §§ 23-1-1 and 23-1-17 and EO 20-50 and its successors (Ex. RI-071). § 7.2(A)(1) of the regulation defines 'Act' as R.I. Gen. Laws chapter 23-1.