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Ex. SEC-26-009 Order Primary source read

Executive Order No. 2020-34

Temporary restrictions on veterinary services; Rescission of Executive Order 2020-32

Governor Gretchen Whitmer · Michigan (State)

The COVID Project

The record

Jurisdiction
Michigan
Level
State
Authority
Mich. Const. 1963 art. 5 § 1; Emergency Management Act, MCL 30.403(1)-(2); Emergency Powers of the Governor Act of 1945, MCL 10.31(1)
Issued
2020-04-02 Apr. 2, 2020
Effective
2020-04-02 5:00 p.m. ('Beginning as soon as possible but no later than April 2, 2020 at 5:00 pm') (read as 2020-04-02)
End
2020-05-28 11:59 p.m. (rescinded by EO 2020-96 ¶ 19, Ex. MI-030) (read as 2020-05-28)
In force
Apr. 2, 2020 to May 28, 2020
Quarters
2020 Q2
Limitation types
Telework mandateHealth care ordersSupply chain
Addressees
  • all veterinary facilities
  • veterinarians
  • Department of Licensing and Regulatory Affairs
Functions reached
  • CL clinical and surgical services postponed
  • EM emergency care only (life, serious pain, euthanasia, zoonotic disease)
  • SC PPE minimization
  • OP telemedicine compelled 'to the fullest extent possible'
  • CB clients (in-person visits barred except essential)
Collection
Veterinary and Animal Services SEC-26

Operative words

1. Beginning as soon as possible but no later than April 2, 2020 at 5:00 pm, and continuing while the declared emergency is in effect, all veterinary facilities must implement a plan to temporarily postpone all in-person non-essential veterinary services until the declared emergency has ended ('plan'). 2. A plan must provide that all veterinary services, essential and non-essential, must be performed by telemedicine to the fullest extent possible while the declared emergency is in effect. If a non-essential service cannot be performed by telemedicine, a plan must require that it be postponed.... 3. A plan must require that, in performing veterinary services, the use of personal protective equipment that could be used for the care of humans must be minimized to the fullest extent possible... 4. A veterinary facility must comply with the restrictions contained in its plan. 5. For purposes of this order, 'non-essential veterinary services' means all non-agricultural veterinary services other than those that are: (1) necessary to preserve the life of an animal...; (2) necessary to treat serious pain...; (3) necessary to euthanize an animal...; or (4) necessary to treat or prevent the transmission of any infectious disease that can be transmitted between animals and human beings... 9. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.

Enforcement

MCL 10.33 and 30.405(3): willful violation a misdemeanor; LARA director to issue enforcement orders (¶ 8)

Notes

The only dedicated gubernatorial veterinary order located in the fifty States: a stand-alone force-of-law instrument, with a criminal sanction, that suspended every non-essential in-person veterinary service in Michigan for eight weeks and compelled telemedicine. EO 2020-32 (recited) imposed the first version days earlier. Michigan's stay-home orders cross-referenced the 'veterinary services postponement plan' (Exs. MI-020, MI-024, MI-026) and EO 2020-96 recited that EO 2020-17 and 2020-34 'required health-care and veterinary facilities to implement plans to postpone some medical and dental procedures' (Ex. MI-030). Not in the Michigan State file; saved here.

Retrieval note

Scanned PDF from the Michigan Legislature's executive-order archive; read in full by Windows OCR (scripts/ocr_pdf.ps1); OCR text filed beside the exhibit as SEC-26-009_...ocr.txt; quotations checked against the OCR text (the OCR renders 'COVID-19' as 'COV7D-19' on page 1).