News Release April 22, 2020

Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One

This Directive provides for the phased reopening of Montana. It establishes guidance applicable to all phases and provides direction for Phase One, including lifting the Stay at Home Directive and reopening non-essential businesses. It also provides local school boards the flexibility to make decisions about the remainder of the academic year.

Stay at Home Directive to Expire: As detailed in this Directive, the Stay at Home Directive is extended for individuals until Sunday, April 26 and for non-essential businesses until Monday, April 27, except as provided herein (e.g., bar and restaurant closures extended to May 4). This Directive supersedes the Stay at Home Directive and any other gubernatorial Directive, to the extent there is any conflict.

Other Directives to Continue: The March 30 Directive providing mandatory quarantine for certain travelers arriving in Montana from another state or country and all of its terms are extended through the end of the emergency, unless modified by subsequent Directive. The March 30 and April 13 Directives providing measures to limit foreclosures, evictions, and disconnections from service and all of their terms are extended through May 24, unless modified by subsequent Directive, except as follows: For individuals who are members of a vulnerable population and who, pursuant to this Directive, remain sheltered at home, the protections of the March 30 and April 13 Directives will expire 30 days after the individual ceases to shelter at home or at the end of the emergency, whichever is sooner. The rent assistance program remains in effect for the duration of the emergency. All Directives set to expire at the end of the emergency retain their effective date and terms except to the limited extent their provisions are in conflict with the terms of this Directive.

Progression Between Phases: The approach to reopening Montana will occur in phases, beginning under this Directive with Phase One. The duration of each phase will be regularly evaluated in close consultation with public health and emergency management professionals. Factors considered in moving from one phase to the next include the ability for public health professionals to monitor new cases adequately and conduct contact tracing. Hospitals must maintain the ability to treat all patients safely, both COVID-19 patients and those with other health conditions. Montana must maintain its ability to screen and test all people with COVID-19 symptoms and maintain sufficient levels of personal

protective equipment. Negative indicators in these areas may result in the need to re-implement certain restrictions or take other protective measures.

Guidance Applicable to All Phases: Individuals should continue to practice good hygiene by adhering the following guidelines: Wash your hands with soap and water or use hand sanitizer, especially after touching frequently used items or surfaces. Avoid touching your face.

Sneeze or cough into a tissue, or the inside of your elbow. Disinfect frequently used items and surfaces as much as possible. Strongly consider using non-medical face coverings while in public, especially in circumstances that do not readily allow for appropriate physical distancing (e.g., grocery/retail stores, pharmacies, public transportation). People who feel sick should stay at home. Do not go to work or school. Contact and follow the advice of your medical provider.

Follow local health department guidance on isolation and quarantine.

Employers should: Develop and implement appropriate policies, in accordance with federal, state, and local regulations and guidance, and informed by industry best practices, regarding: Social distancing and protective equipment; Temperature checks and/or symptom screening; Testing, isolating, and contact tracing, in collaboration with public health authorities; Sanitation; Use and disinfection of common and high-traffic areas; Monitor workforce for indicative symptoms. Do not allow people with symptoms of COVID-19 to work; Collaborate with public health officials when implementing policies and procedures for workforce contact tracing following an employee's COVID-19 positive test result.

Phase One: Individuals: The Stay at Home Directive is extended for individuals until April 26. Effective Sunday, April 26: All vulnerable individuals should continue to follow the stay at home guidance. Members of households with vulnerable residents should be aware that by returning to work or other environments where distancing is not practical, they could carry the virus back home. Precautions should be taken to isolate from vulnerable residents. "Vulnerable Individuals" is defined as people over 65 years of age, people with serious underlying health conditions, including high blood pressure, chronic lung disease, diabetes, obesity, or asthma, and people whose immune system is compromised such as by chemotherapy for cancer or other conditions requiring such therapy. All individuals, apart from members of a household, should when in public (e.g., parks, outdoor recreation areas, shopping areas), maintain at least six feet of physical distance from others. Avoid gathering in groups of more than 10 people in circumstances that do not readily allow for appropriate physical distancing. Minimize non-essential travel and adhere to Montana guidelines regarding quarantine.

Phase One: Employers: Except as otherwise specified in this Directive, the mandatory closure of non-essential businesses provided in the Stay at Home Directive is extended until April 27.

Following the expiration of the Stay at Home Directive, businesses are no longer designated essential or non-essential, except as otherwise provided in this Directive. Effective Monday, April 27, employers should: Continue to encourage telework whenever possible and feasible with business operations. When telework is not feasible, employers are encouraged to accommodate alternative work schedules such as shift work and staggered scheduling in order to adhere to social distancing guidelines. Close common areas where personnel are likely to congregate and interact, or enforce strict social distancing protocols; Minimize non-essential business travel; Make special accommodations for members of a vulnerable population or those with vulnerable household members. Businesses that reopen must adhere to the reopening guidelines.

Phase One: Specific Types of Employers/Activities: Effective Sunday, April 26: Places of worship can become operational with reduced capacity and where strict physical distancing protocols can be maintained between non-household members. Places of worship should avoid gathering in groups of more than 10 people in circumstances that do not readily allow for appropriate physical distancing. Effective Monday, April 27: Main Street and retail businesses can become operational with reduced capacity and where strict physical distancing protocols can be maintained. Businesses that reopen must adhere to the reopening guidelines for Phase One provided in Appendix A, attached. Outdoor recreation can become operational if sites adhere to strict physical distancing between groups and exercise frequent sanitation protocols if public facilities are open. Individuals and businesses engaged in outdoor recreation must adhere to the outdoor recreation guidelines for Phase One provided in Appendix A, attached. Organized youth activities can consider becoming operational if physical distancing guidelines can be implemented. Organized youth activities should avoid gathering in groups of more than 10 people in circumstances that do not readily allow for appropriate physical distancing. Effective Monday, May 4: Restaurants, bars, breweries, distilleries, and casinos can become operational on or after May 4, 2020 under strict physical distancing and reduced capacity protocols in accordance with State guidelines. These businesses will be required to close their doors and have all patrons out by 11:30 p.m. Breweries and distilleries shall follow existing laws on closing time. The expansions for delivery and takeout services, as provided both in the March 24 and March 26 Directives, are extended through the end of the emergency. In addition, restaurants, bars, breweries, distilleries, and casinos that reopen must adhere to the general and specific guidelines provided in Appendix A, attached. Effective immediately through the end of the emergency, unless modified by subsequent Directive: Gyms, pools, and hot tubs remain closed. Other places of assembly remain closed (e.g., movie and performance theaters, concert halls, bowling alleys, bingo halls, and music halls). Senior living or assisted living facilities must continue to prohibit visitors. Those who do interact with residents and patients must ensure strict protocols regarding hygiene and protection are followed. This includes daily screening of staff for symptoms and preventing ill workers from working. Child care facilities can remain operational but should follow state and local guidelines regarding operational levels and occupancy. The operational requirements in the April 1, 2020 Directive on child care remain in effect.

Local Control of School Closure Beginning May 7: All non-residential public schools are closed through May 6 and will continue to be eligible for a waiver of pupil-instruction time and receive associated state funding through the funding mechanism described in prior Directives. Beginning May 7, all schools have the option to return to in-classroom teaching delivery, at the discretion of local school boards. The intent of this provision is to allow local control over decisions about the provision of quality public education to students in Montana, while assuring that school districts will continue to receive full funding support from the state to provide learning. The mechanism for a gubernatorial waiver of student-instruction time will expire.

However, nothing in this Directive prevents a local school board from declaring a local emergency as provided in § 20-9-806, MCA. Local boards and their districts that do so will continue to receive all state funding, including transportation funding. The State recognizes that if a school reopens for in-person instruction, reopening will require the district to make adjustments and create plans, policies, and procedures. Schools that plan to reopen should consult the school reopening guidelines provided in Appendix A, attached. In addition, if schools plan to reopen they should consider: Implementing an alternative educational delivery model that includes a mix of in-person and remote learning. Providing focused individual education, especially for at-risk students. How to reconnect and meet the educational needs of students who fall behind in a remote learning environment. The importance of maintaining the connection between students, teachers, and parents. The important role that schools play in the health of students, families, and communities. Graduation environments that can meet the social distancing requirements.

Directive Is Public Health Order and Enforceable By County Attorney: This Directive, along with any prior Directive that implements and references the public health authorities of the Department of Public Health and Human Services (DPHHS) provided in Title 50, constitutes a "public health . . . order" within the meaning of § 50-1-103(2), MCA, and is enforceable by the Attorney General, DPHHS, a county attorney, or other local authorities under the direction of a county attorney.

Local Public Health Agencies to Assist in Administration of this Public Health Order: Local public health agencies are directed to assist in the administration of this Directive, consistent with § 50-1-202(2)(a), MCA.

Less-Restrictive Local Ordinances Preempted: This Directive is in effect statewide in Montana. In the interest of uniformity of laws and to prevent the spread of disease, all inconsistent emergency county health ordinances are preempted by this Directive, but only to the extent they are less restrictive.