PROVIDENCE – Violators of Rhode Island’s indoor masking and COVID-19 proof of vaccination policy could face a $500 fine.
Emergency regulations related to the enforcement of Gov. Daniel J. McKee’s new indoor masking and proof of COVID-19 vaccination policy were finalized and approved by state officials on Wednesday, establishing a $500 civil penalty that can be assessed against violators by the R.I. Department of Health.
The executive order requires all businesses or facilities with a capacity of more than 250 people to require indoor masking, regardless of a person’s vaccination status, while proof of vaccination or indoor masking is required by anyone in a business or facility with a capacity smaller than that.
“Every individual permitted to enter premises in contradiction of the executive orders shall constitute a separate and distinct violation,” the enforcement policy states.
McKee’s executive order established a task force, composed of employees from the Department of Health and R.I. Department of Business Regulation, that is responsible for doing “spot checks” and responding to reports of violations. The enforcement policy states that the Department of Health can allow local or state police to issue citations as well.
The regulations, signed electronically by McKee’s designee, his deputy counsel Eileen Ki Cheng, along with Department of Health Associate Director Sandra Powell, also spell out the specifics about what it means to comply with the governor’s executive order.
The enforcement policy defines a mask as being made of cloth or paper, which shall “cover nose and mouth and be secured under the chin,” “fit snugly against the side of one’s face with no gaps,” and “not have exhalation valves or vents.” The enforcement policy states any paper or electronic record of “receiving all doses as recommended” by the U.S. Centers for Disease Control and Prevention will qualify for proof of vaccination.
The enforcement policy states that while proof of vaccination is allowed in establishments with a capacity of less than 250 people, these establishments “may develop and maintain a written plan for checking proof of vaccination and make that plan available” to the Department of Health, the Department of Business Regulation, or the task force “upon request.”
Anyone issued a citation is given the opportunity to an administrative hearing before the Department of Health to appeal the violation, according to the enforcement policy, but a written objection must be filed by mail or email within 10 days. And those who don’t pay the $500 fine may be summoned to a Rhode Island Superior Court hearing for a judge to decide if the state can collect the civil penalty.
The enforcement policy also details rules pertaining to signage reminding guests about the need for indoor masking or proof of vaccination.
“Each establishment must post signage for masking and/or proof of vaccination at all entrances to the establishment,” the policy states.
The enforcement polices are in effect now through April 21, according to the Department of Health website. McKee signed an executive order requiring masking on Dec. 20, announcing that it would last 30 days, before potentially being extended based on the severity of the COVID-19 situation in the state.
“While it’s important to ensure compliance with the state’s new public health measures, our goal is to avoid being heavy-handed, and we’re certainly not aiming to generate revenue from this operation,” said Andrea Palagi, a spokesperson for McKee. “Outside of flagrant violations, we’re taking an education-first approach in our inspections with the ultimate goal of enabling businesses to successfully implement these public health measures.”
The R.I. Department of Health said it didn’t have any additional information and declined to comment.
In its online filing related to the enforcement policies, the Department of Health said that since late summer 2021, Rhode Island has had a high transmission rate of COVID-19.
“As of Dec. 20, 2021, Rhode Island has been averaging 727 cases per 100,000 persons in the past seven days,” the filing states. “New weekly hospitalizations have nearly tripled between mid-November 2021 and mid-December 2021.”
By achieving compliance, according to the department, “the public’s health, safety and welfare can be assured.”
Marc Larocque is a PBN staff writer. Contact him at Larocque@PBN.com. You may also follow him on Twitter @LaRockPBN.
