The COVID Project
The record
- Jurisdiction
- Delaware
- Level
- State
- Authority
- 16 Del. C. §§ 122(3)a. and 707 (recited in the order); 16 Del. C. § 505
- Issued
- 2020-02-01 Feb. 1, 2020
- Effective
- 2020-02-11 ('ten days after publication of the final regulation in the Delaware Register of Regulations') (read as 2020-02-11)
- End
- amended Feb. 1, 2021 (24 DE Reg. 791), Aug. 13, 2021 (emergency § 7.7, Ex. DE-044) and May 1, 2024; standing (read as 2021-02-01)
- In force
- Standing since Feb. 11, 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
- Schools and child careHealth care ordersQuarantine and isolationStanding duty
- Addressees
- persons generally; institutions, schools and child-care facilities; health care providers and laboratories; householders
- Character
- sanitary code duty
- Collection
- Standing duties: Delaware DUT-DE
Operative words
IT IS ORDERED, that the proposed State of Delaware Regulations Governing Control of Communicable and Other Disease Conditions is adopted and shall become effective February 11, 2020... 6.6.1 A person subject to isolation or quarantine shall obey the Division's rules and orders, shall not go beyond the isolation or quarantine premises
Penalty
16 Del. C. § 107(a): fine of $100 to $1,000 per violation of a DHSS regulation (Ex. DUT-DE-006); enforcement by all officers under 16 Del. C. § 127(a) (Ex. DUT-DE-005)
What it required
The standing communicable-disease regulation in force when the pandemic began: the Division 'may exercise' the power 'to require isolation or quarantine of any person by the least restrictive means necessary to protect the public health' (§ 6.1.3), a person under isolation or quarantine 'shall obey the Division's rules and orders' (§ 6.6.1), no unauthorized person 'shall enter isolation or quarantine premises' (§ 6.6.2), and physicians, laboratories, schools, child-care facilities and institutions carry reporting, investigation and exclusion duties (§§ 4.0, 5.0, 7.0).
Retrieval noteThis is the in-period text of 16 DE Admin. Code 4202 (Feb. 11, 2020 to Jan. 31, 2021) and the exhibit to cite for 2020 Q2 through 2021 Q1; the Feb. 1, 2021 amendment (24 DE Reg. 791) was not separately saved. The order recites 'Statutory Authority: 16 Delaware Code, Sections 122(3)a. and 707.' Register text shows the amendments in mark-up; read the clean sentences.