The COVID Project
The record
- Jurisdiction
- South Carolina
- Level
- State
- Authority
- S.C. Code Ann. §§ 44-4-100 et seq.
- Issued
- 2002-07-02 July 2, 2002
- Effective
- operative during a declared state of public health emergency (§ 25-1-440(e)); the Governor's COVID-19 emergency ran March 13, 2020 to June 6-7, 2021 (Exs. SC-001, SC-036, SC-037) (read as 2020-03-13)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Mar. 13, 2020 (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
- Business closureHealth care ordersQuarantine and isolationStanding duty
- Addressees
- persons generally; owners and persons in control of facilities and premises; health care facilities
- Character
- statutory duty
- Collection
- Standing duties: South Carolina DUT-SC
Operative words
During a state of public health emergency, DHEC must use every available means to prevent the transmission of infectious disease and to ensure that all cases of infectious disease are subject to proper control and treatment.
Penalty
§ 44-4-530(C): 'A person subject to isolation or quarantine must comply with DHEC's rules and orders, and must not go beyond the isolation or quarantine premises. Failure to comply with these rules and orders constitutes a felony and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both'; entry into isolation or quarantine premises by an unauthorized person is likewise a felony; orders of the board are 'enforceable immediately by the public safety authority' (§ 44-1-80(B)(4)); § 44-1-100 enforcement by SLED, State and local law enforcement and the National Guard
What it required
During a declared public health emergency the health authority must use every available means to prevent transmission, may close, evacuate or decontaminate any facility that may endanger the public health, may require health care facilities to provide services as a condition of licensure, and may isolate or quarantine individuals or groups by the least restrictive means, including confinement to private homes or other private and public premises, and set rules and make orders to that end.
Retrieval noteExhibit rendered from the Wayback Machine capture of July 3, 2020, the text in force in the claimable quarters. § 44-4-300(1): DHEC may 'close, direct and compel the evacuation of, or to decontaminate or cause to be decontaminated, any facility of which there is reasonable cause to believe that it may endanger the public health.' § 44-4-530(A): 'During a public health emergency, DHEC may isolate or quarantine an individual or groups of individuals.... DHEC may also establish and maintain places of isolation and quarantine, and set rules and make orders.' § 44-4-530(B)(1): isolation and quarantine 'may include, but are not limited to, confinement to private homes or other private and public premises.' § 44-4-130(N) defines isolation and quarantine as 'compulsory physical separation.' The Governor's Home or Work Order directed DHEC under this chapter: 'pursuant to section 44-4-500 of the South Carolina Code of Laws, as amended, DHEC shall continue to "use every available means to prevent the transmission of infectious disease"' (Ex. SC-013, enforcement section ¶ D; repeated in Ex. SC-035 ¶ D of its enforcement section). DHEC's School and Childcare Exclusion List (Ex. SC-062) is the visible product of this authority in Q3 2021.