New Executive Order Requires Face Coverings: What You Need to Know

New Executive Order Requires Face Coverings in Indoor Public Spaces
Also Requires Coverings in Crowded Outdoor Spaces; Any Business Open to the Public Must Refuse Entry or Service to People Who Refuse to Wear a Face Covering, With Limited Exceptions

As you are no doubt aware, the Michigan Association of Chiropractors is a professional association advocating for the rights of chiropractors and their patients across the state of Michigan. We are NOT a state agency or regulatory body. However, it is our responsibility to inform you regarding these regulations.

As a small business owner and health care professional practicing in the state of Michigan, the provisions of the Executive Order discussed below apply to you. You can still use your clinical judgment regarding whether a patient can medically tolerate a face covering, or whether you are providing a service for which temporary removal of the face covering is necessary to perform the service, but we highly recommend that you have documentation to back up your judgment, and take steps to minimize such a patient’s exposure in your office.

Also: Be aware that state regulators are going to be strictly enforcing the provisions of this order and you, as a licensed health care professional, may be held to a higher standard than a typical Michigan business. We recommend that you familiarize yourself with the full order, which can be found online here.

The MAC will continue to evaluate the order and inform the profession, as necessary.

Earlier today, Governor Whitmer signed Executive Order 2020-147, which reiterates that individuals are required to wear a face covering whenever they are in an indoor public space. It also requires the use of face coverings in crowded outdoor spaces. Most significantly, the order requires any business that is open to the public to refuse entry or service to people who refuse to wear a face covering, with limited exceptions. A willful violation of the order is a misdemeanor subject to a $500 criminal penalty, but no term of confinement may be imposed on individuals who violate the mask requirement.

Most importantly, a state department or agency that learns that a licensee is in violation of this section will consider whether the public health, safety, or welfare requires summary, temporary suspension of the business’s license to operate.

As to individuals, the order takes effect immediately. For businesses, the order will take effect at 12:01 am on Monday, July 13.

A Closer Look at Executive Order 2020-147
According to a press release from the Governor’s office, EO 2020-147 was signed in response to rising COVID-19 cases in Michigan and across the country. Under the order, any individuals who leaves their home or place of residence must wear a face covering over their nose and mouth when in any indoor public space, when outdoors and unable to consistently maintain a distance of six feet or more from individuals who are not members of their household, and when waiting for or riding on public transportation, while in a taxi or ridesharing vehicle, or when using a private car service as a means of hired transportation.

The requirement to wear a face covering does not apply to individuals who:

Are younger than five years old, though the order states that children two years old and older are strongly encouraged to wear a face covering, pursuant to guidance from the CDC
Cannot medically tolerate a face covering
Are eating or drinking while seated at a food service establishment
Are exercising when wearing a face covering would interfere in the activity
Are receiving a service for which temporary removal of the face covering is necessary to perform the service
Are entering a business or are receiving a service and are asked to temporarily remove a face covering for identification purposes
Are communicating with someone who is hearing impaired or otherwise disabled and where the ability to see the mouth is essential to communication
Are actively engaged in a public safety role, including but not limited to law enforcement, firefighters, or emergency medical personnel
Are officiating at a religious service, or
Are giving a speech for broadcast or an audience

“To protect workers, shoppers, and the community,” no business that is open to the public may provide service to a customer or allow a customer to enter its premises, unless the customer is wearing a face covering as required by this order.

Businesses that are open to the public must post signs at entrance(s) instructing customers of their legal obligation to wear a face covering while inside.

A department or agency that learns that a licensee is in violation of this section will consider whether the public health, safety or welfare requires summary, temporary suspension of the business’s license to operate under section 92 of the Administrative Procedures Act of 1969, 1969 PA 306, as amended, MCL 24.292(2).

Sources:
Text of State of Michigan Executive Order 2020-147
Governor Gretchen Whitmer Press Release, “Governor Whitmer Takes Swift Action to Save Lives, Signs Executive Order Requiring Mask Use in all Indoor Public Spaces,” July 10, 2020