The COVID Project
The record
- Jurisdiction
- Mississippi
- Level
- State
- Authority
- Miss. Code Ann. § 41-23-5
- Effective
- standing
- 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
- Business closureGathering capQuarantine and isolationStanding duty
- Addressees
- persons generally; owners or persons in control of property; all law enforcement officers (directed to assist)
- Character
- statutory authority
- Collection
- Standing duties: Mississippi DUT-MS
Operative words
The State Department of Health shall have the authority to investigate and control the causes of epidemic, infectious and other disease... including the authority to establish, maintain and enforce isolation and quarantine, and in pursuance thereof, to exercise such physical control over property and individuals as the department may find necessary for the protection of the public health.
Penalty
Detainment and arrest under this section and § 41-3-15(12) (Ex. DUT-MS-001); felony under § 41-23-2 (Ex. DUT-MS-008)
What it required
The Department controls epidemics by isolation, quarantine and 'such physical control over property and individuals as the department may find necessary'; it may detain persons who violate a State Health Officer order; its investigators 'shall have general arrest powers'; 'All law enforcement officers are authorized and directed to assist in the enforcement of such orders of the State Health Officer.' Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval note2 pages. The text is corroborated word for word by the Legislature's 2022 print (Ex. DUT-MS-007) and by the cross-reference in § 41-3-15(12) (Ex. DUT-MS-001). Every general order delegated to the State Health Officer the power 'to issue such orders as necessary to carry out, implement, and enforce any quarantine or isolation orders to contain and restrict transmission of COVID-19' (e.g., Ex. MS-039 ¶ V).