On July 29, 2020, Maryland Governor Larry Hogan issued Maryland Executive Order 20-07-29-01 (“Order”), which, among other things, expanded Maryland’s Face Covering mandate to also include when an individual is obtaining health care services. Effective at 5:00 p.m. on Friday, July 31, 2020, individuals in Maryland over the age of five (5) years old must wear a Face Covering when:

1. in or on Public Transportation

2. indoors at any location where members of the public are generally permitted, including without limitation, Religious Facilities, Retail Establishments, Foodservice Establishments, Fitness Centers, Gaming Facilities, Indoor Recreation Establishments, and Personal Services Establishments;

3. outdoors and unable to consistently maintain at least six feet of distance from individuals who are not members of their household;

4. obtaining healthcare services, including without limitation, in offices of physicians and dentists, hospitals, pharmacies, and laboratories; and

5. engaged in work in any area where:

a. interaction with others is likely, including without limitation, in shared areas of commercial offices; or

b. food is prepared or packaged.

Face Covering is defined as “a covering that fully covers a person’s nose and mouth and is secured to the person’s head[] but is not a Medical-Grade Mask. The term ‘Face Covering’ includes, without limitation, scarves, bandanas, and plastic full-face shields.” The wearing of a Medical Grade Mask—an N95, KN95, surgical, or other mask that would be appropriate for a health care setting—also satisfies the requirements of wearing a Face Covering outlined in the Order.

The Order does provide that individuals are not required to wear a Face Covering in the following situations:

i. if, due to a bona fide disability or medical condition, it would be unsafe for the person to do so;

ii. to the extent wearing a Face Covering would impede communication by or with persons who have a hearing impairment or other disability, where the ability to see the mouth is essential for communication;

iii. if wearing a Face Covering would subject the person to an unsafe working condition, as determined by federal, state, or local occupational safety regulators or workplace safety guidelines;

iv. to the extent wearing a Face Covering would make it impossible to receive services requiring access to the face, mouth, or head, including without limitation, dental care, shaving, and facial treatments;

v. while consuming food or beverages;

vi. while swimming or engaging in other physical activities where the use of a Face Covering is likely to pose a bona fide safety risk; or

vii. while operating any Public Transportation conveyance, provided that the person is (a) the sole operator of the conveyance, and (b) located in a separate compartment that is off-limits to riders.

This is provided for general information purposes only and is not intended to be legal advice. Please contact your attorney for additional information on this subject matter.