Exceptions mouth cap obligation
To prevent the spread of the coronavirus, wearing a non-medical mouth cap in public indoor spaces is mandatory from 1 December 2020. Many people find wearing a mouth cap annoying, but people with, for example, a lung disease certainly do. What are the rules for people who cannot wear a face mask due to a disability or (chronic) illness? Can they still go to a store without a mouth cap?
An exception applies to people who cannot wear a face mask due to a disability or illness. The exceptions in question are clearly explained on the website of the national government:
- People who are physically unable to wear or put on a face mask due to their disability or illness. For example because of a condition on their face;
- People who suffer from their health by wearing a mouth cap. For example due to a lung disease;
- People who become seriously disturbed by wearing a mouth cap. For example because of an intellectual disability or psychological condition;
- Counselors of people who depend on non-verbal communication, such as lip reading.
If you fall under the exception, you must be able to demonstrate why you qualify for the exception from the mouth cap obligation. The police, boas, staff of a shop or a public transport company can ask you for proof. This can be done, for example, by showing your aid, medication or a note from your doctor, healthcare provider or healthcare organization. As long as you can demonstrate that you cannot comply with the mouth cap obligation.
You are not obliged to show medical data, but you can. Then you have to be able to show in another way that you fall under an exception.
Corona fine
If you are unable or unwilling to demonstrate that you fall under the exception rules, you may be asked to leave the room or you may be fined.
Many patient organisations, such as the Lung Fund, do not agree that people should make it plausible that they fall into the exception group. They do not think it is right that the burden of proof should be placed on people with an illness. These organizations advocate other simpler solutions that do not require the use of medical data. The positions of the patient organizations and more on this can be found at: Every(in)’s site.
Can stores refuse you entry?
Yes, a shop is a public indoor space, so a mouth cap is mandatory there too. If you can prove that you fall under the exception rules, you can do your shopping as usual. Otherwise, a store may deny you access. You cannot be fined by a retailer. Only enforcers can do that. Shopkeepers are allowed to ask whether you have a valid reason not to wear a mouth mask.
Is a splash screen also allowed?
A splash screen, or a faceshield, does not completely cover the nose and mouth, and is therefore not a legal alternative to a mouth cap. If you cannot wear a face mask due to an illness, but you can wear a splash screen, you could opt for that. Enforcers and retailers may then no longer ask you for additional proof. A splash guard alone is not sufficient proof that you fall under the exception. In addition, provide sufficient evidence.
Pay attention! Do not buy exemption cards
So-called exemption cards are sold online, but these cards have no official status. The government advises against buying these types of cards.
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