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Ordinance of the Saxon State Ministry of Social Affairs and Social Cohesion on protection against the coronavirus SARS-CoV-2 and COVID-19

Saxon Corona Protection Ordinance - SächsCoronaSchVO

From 31 March 2020

On the basis of § 32 sentence 1 in conjunction with § 28 paragraph 1 sentence 1 and 2 of the Protection against Infection Act of 20 July 2000 (Federal Law Gazette I p. 1045), of which § 28 paragraph 1 sentence 1 and 2 are replaced by Article 1 number 6 of the Act of 27 March 2020 (Federal Law Gazette I p. 587 ), and with § 7 of the Ordinance of the Saxon State Government and the Saxon State Ministry of Social Affairs and Social Cohesion on the regulation of responsibilities under the Infection Protection Act and for the reimbursement of costs for vaccinations and other prophylactic measures of 9 January 2019 (Sächs-GVBl.p.83 ), which was amended by the ordinance of 13 March 2020 (SächsGVBl. p. 82), the Saxon State Ministry for Social Affairs and Social Cohesion decrees

§ 1
Principle

Everyone is urged by the Corona pandemic to reduce physical-social contact with other people outside the members of their own household to an absolutely necessary minimum. Wherever possible, a minimum distance between two people of 1.5 metres must be maintained.

§ 2
Temporary exit restriction

(1) Leaving the domestic accommodation without good reason is prohibited.

(2) Good reasons are:

1. averting danger to life, limb and property,

2. the exercise of professional activities (this also includes travelling to and from the place of work)

3. return to emergency childcare in accordance with the General Order of the State Ministry of Social Affairs and Social Cohesion on daycare facilities and schools of 23 March 2020, or to occupational substitution childcare and daycare facilities in accordance with the General Order of the State Ministry of Social Affairs and Social Cohesion of 20 March 2020

4. ensuring the security of supply to the population, including collection and delivery services (including through voluntary work)

5. carrying out the necessary delivery traffic, including letter and mail order business,

6. journeys by fire brigade, rescue or disaster control teams to the respective base or place of action,

7. use of medical, psychosocial and veterinary care services (e.g. visits to doctors, medical treatment and specialist consultations that cannot be postponed, as well as blood and plasma donations), as well as visits by members of the medical and health care professions, insofar as this is medically necessary (e.g. psycho- and physiotherapists, also in old people's and nursing homes) or within the framework of urgently required pastoral care,

8. supply channels for everyday consumer goods (retail trade for foodstuffs, self-producing and marketing nurseries and horticultural businesses, farm shops, beverage markets, pet supply markets, pharmacies, drugstores, medical supply stores, opticians, hearing aid acousticians, banks, savings banks, as well as ATMs, post offices, petrol stations, car and bicycle repair shops, dry cleaners, laundries, newspaper sales and the handing out of postal voting documents) and wholesale trade

9. visiting mobile sales stands in the open air or in market halls for foodstuffs, home-grown horticultural and nursery products and pet supplies, provided that suitable distances between the sales stands ensure that visitors to the stands are at least 2 metres apart

10. the performance of appointments with authorities, courts, bailiffs, lawyers, notaries, tax advisors, auditors and undertakers that cannot be postponed, including participation in public court hearings and the performance of appointments of local councils and their committees and bodies,

11. visiting spouses and life partners as well as cohabiting partners, people in need of help, sick people or people with disabilities (outside institutions) and exercising the right of custody and access in the respective private sphere

2. accompanying persons in need of assistance and minors,

13. accompaniment of the dying as well as burials in the immediate family circle, whereby the number of persons must not exceed 15

14. sports and exercise outdoors, primarily in the vicinity of the living area, as well as visits to one's own allotment garden or property, but exclusively alone or accompanied by one's partner or with members of one's own household or, in exceptional cases, with another person not living in the household

15. acts indispensable for the care of animals.

(3) In the event of an inspection by the authorities of the Saxon State Government and the Saxon State Ministry for Social Affairs and Social Cohesion in accordance with §1 of the Ordinance of the Saxon State Government and the Saxon State Ministry for Social Affairs and Social Cohesion regulating the responsibilities according to the Infection Protection Act and for the reimbursement of costs for vaccinations and other prophylactic measures of 9. January 2019 (SächsGVBl. p. 83), which was amended by the Ordinance of 13 March 2020 (Sächs-GVBl.p. 82), the competent authorities and the police must provide the person concerned with suitable credible reasons. Such credibility can be established in particular by presenting an employer's certificate, a company or service card or by means of personal documents carried along.

§ 3
No visiting

(1) It is prohibited to visit

1. old people's homes and nursing homes, except for close relatives accompanying the deceased, with the number of relatives present at the same time being limited to five persons

2. facilities and outpatient assisted living communities and residential groups with people with disabilities, which are covered by the scope of application according to § 2 of the Saxon Care and Quality of Living Act of 12 July 2012 (SächsGVBl. p. 397), which was last amended by the Act of 6 June 2019 (SächsGVBl. p. 466)

3. hospitals as well as preventive and rehabilitation facilities in which medical care comparable to that provided by hospitals is provided (facilities pursuant to § 23 para. 3 nos. 1 and 3 of the Protection against Infection Act of 20 July 2000 (Federal Law Gazette l p. 1045), last amended by Articles 1 to 3 of the Act of 27 March 2020 (Federal Law Gazette l p. 587))

4. inpatient child and youth welfare institutions subject to authorisation pursuant to §§ 13(3), 19, 34, 35, 35a(2)(3) and (4), 42 and 42a of Book Eight of the Social Code -Children and Youth Welfare - as amended by the announcement of 11 September 2012 (Federal Law Gazette l. p. 2022), last amended by Article 36 of the Act of 12 December 2019 (Federal Law Gazette l. p. S2652), as well as homes in which integration assistance services are provided to children and young people

(2) Exempted from subsection 1(3) are visits by close relatives to obstetric, paediatric and palliative wards as well as hospices and visits to accompany the death of close relatives. In such cases the number of relatives present at the same time shall be limited to five persons.

(3) Excluded from paragraph 1 number 4 are necessary visits by employees of the Youth Welfare Office including the ASD (General Social Service), the official guardian and visits by persons with custody of persons or by persons with written authorisation in the case of an urgent medical emergency. These persons must coordinate their visit in advance in agreement with the facility management. In cases of suspicion, access is to be refused in principle in accordance with the guidelines of the RKI (Robert Koch Institute).

(4) The facilities in accordance with paragraph 1 numbers 1 to 4 must make special reference to the behaviour required to maintain hygiene. Entering the aforementioned facilities for therapeutic or medical purposes as well as for construction measures on and in the building that cannot be postponed and repairs to infrastructure facilities are not considered visits within the meaning of this regulation.

§ 4
Further arrangements

The authorities responsible under § 1 paragraph 1 sentence 1 of the Ordinance of the Saxon State Government and the Saxon State Ministry of Social Affairs and Social Cohesion for regulating the responsibilities under the Infection Protection Act and for reimbursement of costs for vaccinations and other prophylactic measures may issue further aggravating orders on the basis of the Infection Protection Act.

§ 5
enforcement of prohibitions, fines, penalties

(1) The authorities responsible under § 1 paragraph 1 sentence 1 of the Regulation of the Saxon State Government and the Saxon State Ministry of Social Affairs and Social Cohesion for the regulation of responsibilities under the Infection Protection Act and for the reimbursement of costs for vaccinations and other prophylactic measures are required

1. the provisions of this Regulation,

2. the tasks and powers exercised by the supreme state health authority pursuant to § 1 para. 1 sentence 3 of the Ordinance of the Saxon State Government and the Saxon State Ministry for Social Affairs and Social Cohesion to regulate the responsibilities under the Infection Protection Act and for the reimbursement of costs for vaccinations and other prophylactic measures in urgent cases and

3. to enforce, to the extent necessary, the measures taken by the supreme state health authority in accordance with § 1 paragraph 2 of the Ordinance of the Saxon State Government and the Saxon State Ministry for Social Affairs and Social Cohesion to regulate the responsibilities under the Infection Protection Act and for the reimbursement of costs for vaccinations and other prophylactic measures The principle of proportionality must be observed. In doing so, they may also request enforcement assistance from the local police authorities in appropriate cases.

(2) Violations shall be prosecuted as administrative offences with a fine of up to 25,000 euros or as criminal offences with a prison sentence of up to five years (§§ 73 paragraph 1a number 6, paragraph 2 and 74 of the Infection Protection Act).

(3) Violations of §§ 2 and 3 of this Ordinance are subject to a fine without further substantiating administrative act according to § 73 paragraph 1a number 24 of the Protection against Infection Act.

§ 6
Entry into force, expiry

1. This Regulation shall enter into force on the day following its promulgation and shall expire at midnight on 20 April 2020.

(2) Upon the entry into force of this Ordinance, the general ruling of the Saxon State Ministry of Social Affairs and Social Cohesion of 22 March 2020, ref. 15-5422/10 (Execution of the Infection Protection Act Measures on the occasion of the Corona Pandemic - exit restrictions) shall cease to apply.

Dresden, the 31.03.2020

The Minister of State for Social Affairs and Social Cohesion

Petra Köpping

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