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Ex. DUT-MA-028 Standing duty Primary source read

Governor's Declaration Pursuant to General Laws Chapter 17, Section 2A (May 28, 2021) (library exhibit MA-049; cross-reference, not re-saved)

Declaration that an emergency exists that is detrimental to the public health in the Commonwealth (the 'modified public health emergency')

Governor Charles D. Baker · Massachusetts (State)

The COVID Project

The record

Jurisdiction
Massachusetts
Level
State
Authority
G.L. c. 17, s. 2A
Issued
2021-05-28 May 28, 2021
Effective
2021-05-28
End
In effect throughout 2021 Q3 (PHE Orders No. 2021-1 through 2021-8 issued under it June 14 to Sept. 20, 2021) (read as 2021-09-20)
In force
May 28, 2021 to Sept. 20, 2021
Quarters
2021 Q22021 Q3
Limitation types
Emergency declarationFace-covering requirementHealth care ordersVaccination or testing
Addressees
  • persons generally; health care and congregate facilities; specified businesses reached by the Commissioner's orders
Character
executive declaration
Collection
Standing duties: Massachusetts DUT-MA

Operative words

I hereby declare, pursuant to Section 2A of Chapter 17 of the General Laws, that as of the date indicated below, an emergency exists that is detrimental to the public health in the Commonwealth. The Commissioner, with the approval of the Public Health Council, may rely on this declaration... to mandate special measures to protect higher risk populations

Penalty

Through the orders issued under it (G.L. c. 111 penalties; facility licensure)

What it required

The statutory predicate (DUT-MA-001) for every DPH order of the third quarter of 2021: the setting-specific face-covering order (DUT-MA-029), the reissued long-term care, testing and EMS orders (DUT-MA-030), and the nursing-home vaccination order of Aug. 4, 2021 (Ex. MA-067). Character as recorded: executive_declaration (Governor's G.L. c. 17, s. 2A declaration activating the Commissioner's powers; statutory_duty layer).