The COVID Project
The record
- Jurisdiction
- Maryland
- Level
- State
- Authority
- Md. Const. art. III; police power of the State
- Effective
- in force throughout 2020 Q2 to 2021 Q3
- End
- standing (read as 2021-09-30)
- In force
- Standing (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
- Health care ordersQuarantine and isolationStanding duty
- Addressees
- persons generally; health care facilities; health care practitioners
- Character
- order penalty
- Collection
- Standing duties: Maryland DUT-MD
Operative words
(a) (1) A person may not knowingly and willfully fail to comply with any order, regulation, or directive issued in accordance with § 18-905 of this subtitle. (2) A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $3,000 or both.
Penalty
Misdemeanor, imprisonment not exceeding 1 year or fine not exceeding $3,000 or both (subsection (a)); civil penalty up to $3,000 per offense for facilities (subsection (b)); probation, suspension, revocation or $3,000 per offense for practitioners (subsection (c))
What it required
Made every person's compliance with the Secretary's catastrophic-health-emergency orders, regulations and directives a criminal duty, added a $3,000-per-offense civil penalty and licensing discipline for health care facilities and practitioners, and immunized health care providers only when 'acting in good faith and in accordance with a catastrophic health emergency disease surveillance and response program.'
Retrieval noteSubsection (d), verbatim: 'A health care provider acting in good faith and in accordance with a catastrophic health emergency disease surveillance and response program is immune from civil or criminal liability related to those actions, unless the health care provider acts with willful misconduct.' This is a liability_shield_condition as well: the immunity attaches only to conduct in accordance with the State's response program.