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

Statute: Health and Safety Code, Division 105, Part 1, Chapter 3 (sections 120175-120250), duties of local health officers in communicable disease control

Health and Safety Code sections 120175-120250: duty of each health officer to take measures necessary to prevent the spread of disease; duty to enforce the department's quarantine and isolation orders; places of quarantine; related duties

California Legislature (codified text published by the Legislative Counsel) · California (State)

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The record

Jurisdiction
California
Level
State
Authority
Stats. 1995, ch. 415, sec. 7 (eff. Jan. 1, 1996); sec. 120175.5 added by Stats. 2020, ch. 183 (SB 932)
Issued
1996-01-01 Jan. 1, 1996
Effective
1996-01-01
End
standing (read as 2021-09-30)
In force
Standing since Jan. 1, 1996 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureGathering capQuarantine and isolationStanding duty
Addressees
  • every local health officer; persons generally and owners of premises within the jurisdiction, through the measures the officer is commanded to take
Character
statutory duty
Collection
Standing duties: California DUT-CA

Operative words

120175. Each health officer knowing or having reason to believe that any case of the diseases made reportable by regulation of the department, or any other contagious, infectious or communicable disease exists, or has recently existed, within the territory under his or her jurisdiction, shall take measures as may be necessary to prevent the spread of the disease or occurrence of additional cases.

Penalty

Violation of any section of this chapter other than section 120195 is a misdemeanor punishable by a fine of $50 to $1,000 or imprisonment up to 90 days or both, each day a separate offense (section 120295; DUT-CA-003).

What it required

Imposed on every county and city health officer a mandatory duty ('shall take measures as may be necessary') to prevent the spread of a communicable disease within the jurisdiction and a duty to enforce every department order concerning quarantine or isolation (section 120195: 'Each health officer shall enforce all orders, rules, and regulations concerning quarantine or isolation prescribed or directed by the department'), the statutory source of the county and city health orders catalogued in the metro files and one of the sections recited in every State Public Health Officer order.

Retrieval note

Rendered from the Wayback Machine's capture of the official page on Nov. 12, 2020, so the exhibit shows the chapter's text as it stood within the period (filename date is the capture date). Section 120175 carries its 1995 text ('Added by Stats. 1995, Ch. 415, Sec. 7'). Section 120175.5 (SB 932, Stats. 2020, ch. 183) appears in the capture: 'During an outbreak of a communicable disease, or upon the imminent and proximate threat of a communicable disease outbreak or epidemic that threatens the public's health, a local health officer shall' promptly notify and update governmental entities within the jurisdiction. Section 120195 is excluded from the section 120295 penalty by that section's own terms.