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Ex. DUT-OH-003 Standing duty Primary source read

Statute (version effective February 12, 2004, Am. Sub. H.B. 6, 125th G.A.)

Special duties of director of health

General Assembly of Ohio (Ohio Revised Code, Chapter 3701) · Ohio (State)

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The record

Jurisdiction
Ohio
Level
State
Authority
Ohio Const. art. II, sec. 1; the police power of the State
Issued
2004-02-12 Feb. 12, 2004
Effective
February 12, 2004 (read as 2004-02-12)
End
standing (amended June 23, 2021 by Sub. S.B. 22 to open division (A) with 'Subject to section 101.36 of the Revised Code'; the duty sentence is otherwise unchanged) (read as 2021-06-23)
In force
Standing since Feb. 12, 2004 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStanding duty
Addressees
  • the Director of Health; through the orders, persons generally and employers
Character
statutory duty
Collection
Standing duties: Ohio DUT-OH

Operative words

The director of health shall investigate or make inquiry as to the cause of disease or illness, including contagious, infectious, epidemic, pandemic, or endemic conditions, and take prompt action to control and suppress it.... the sanitary conditions and effects of localities and employments... shall be subjects of study by the director.

Penalty

None on the Director; the orders issued in discharge of the duty carry R.C. 3701.352 and 3701.99(C)

What it required

Imposed on the Director a mandatory duty ('shall... take prompt action to control and suppress') to act against pandemic disease and made 'the sanitary conditions and effects of localities and employments' and 'the personal and business habits of the people that affect their health' the statutory subjects of that duty; the Director's Orders on workplaces, retail and gatherings were the discharge of this duty.

Retrieval note

Recited with R.C. 3701.13 in the Director's reporting journal entries (Ex. OH-072) and as the basis of the epidemiological investigations behind the orders.