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Ex. DUT-NC-001 Standing duty Primary source read

N.C. Gen. Stat. ch. 130A, Article 6 (Communicable Diseases), Part 1, secs. 130A-133 to 130A-148, including sec. 130A-144 (Investigation and control measures) and sec. 130A-145 (Quarantine and isolation authority)

Communicable Diseases: reporting, investigation, control measures, quarantine and isolation authority

General Assembly of North Carolina · North Carolina (State)

The COVID Project

The record

Jurisdiction
North Carolina
Level
State
Authority
N.C. Const. art. II; police power; G.S. ch. 130A (Public Health)
Effective
standing throughout 2020-2021
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
Limitation types
Workplace rulesQuarantine and isolationStanding duty
Addressees
  • persons generally (individuals and entities); physicians, medical facilities and laboratories (sec. 130A-144(b)); persons in control of quarantine or isolation premises (sec. 130A-145(b))
Character
statutory duty
Collection
Standing duties: North Carolina DUT-NC

Operative words

(f) All persons shall comply with control measures, including submission to examinations and tests, prescribed by the Commission subject to the limitations of G.S. 130A-148. (g) The Commission shall adopt rules that prescribe control measures for communicable diseases and conditions subject to the limitations of G.S. 130A-148.

Penalty

Misdemeanor under G.S. 130A-25(a); violation of sec. 130A-144(f) or sec. 130A-145 carries a special sentence of imprisonment of up to two years under G.S. 130A-25(b); injunction under G.S. 130A-18 (Ex. DUT-NC-002)

What it required

Every person (including every corporation, company, association and partnership, G.S. 130A-2(7)) must comply with the control measures the Commission for Public Health prescribes for a communicable disease, the local health director must investigate reported cases and ensure control measures are given (secs. 130A-144(a), (e)), and the State Health Director and local health directors may isolate infected and quarantine exposed persons and limit access to contaminated premises (sec. 130A-145 with the definitions in sec. 130A-2(3a), (7a)).

Retrieval note

Current official text (General Assembly PDF); the history notes show no amendment of secs. 130A-144 or 130A-145 after 2009, so the text quoted is the text in force in 2020-2021. Sec. 130A-145(d) limits quarantine or isolation of a person to 30 days without a court order; sec. 130A-148 limits the control measures for HIV and hepatitis B, not respiratory disease.