New Mexico Register / Volume XXXI,
Issue 6 / March 24, 2020
AMENDED
PUBLIC HEALTH ORDER
NEW
MEXICO DEPARTMENT OF HEALTH
CABINET
SECRETARY KATHYLEEN M. KUNKEL
MARCH
19, 2020
Public
Health Emergency Order Limiting Mass Gatherings and Implementing Other
Restrictions Due to COVID-19
PREFACE
The intent of this Order is to
ensure that our State's citizens are self-isolating to the maximum extent
possible in order to minimize the transmission of the novel Coronavirus Disease
2019 (referred to as "COVID-19").
The core directive underlying this Order is that New Mexicans should not
leave their homes unless absolutely necessary or to access essential
services. This Order should be
interpreted consistent with that purpose and exceptions should be narrowly construed. Failure to comply with the mandates set out
herein constih1tes a threat to our State's health, welfare, and economy.
ORDER
WHEREAS, on January 30,
2020, the World Health Organization (WHO) announced the emergence of a novel
Corona virus Disease 2019 (referred to as "COVID-19") that had not
previously circulated in humans, but has been found to have adapted to humans
such that it is contagious and easily spread from one person to another and one
country to another;
WHEREAS, on January 31, 2020, the United States Department of
Health and Human Services (HHS) Secretary declared a public health emergency as
a precautionary tool to facilitate preparation and availability of resources to
assure that the federal government had appropriate resources to combat the
spread of the COVID-19 virus in our nation through its support of state and
community-led preparedness and response is;
WHEREAS, the COVID-19 virus continues to spread in New Mexico;
WHEREAS, on March 11, 2020, Michelle Lujan Grisham, the Governor of
the State of New Mexico, declared in Executive Order 2020-004 ("EO
2020-004") that a Public Health Emergency exists in New Mexico under the
Public Health Emergency Response Act, and invoked the All Hazards Emergency
Management Act by directing all cabinets, departments and agencies to comply
with the directives of the declaration and the further instructions of the
Department of Health;
WHEREAS, as of March 12, 2020, I issued a Public Health Emergency
Order to Limit Mass Gatherings Due to COVID-19, which limited certain public
gatherings, and on March 16, 2020, I issued an amended Public Health Emergency
Order Limiting Mass Gatherings and Implementing Other Restrictions Due to
COVID-19, which provided further restrictions on certain public gatherings;
WHEREAS, the further spread of COVID-19 in the State of New Mexico
poses a threat to the health, safety, wellbeing and property of the residents
in the State due to, among other things, illness from COVID-19, illness-related
absenteeism from employment (particularly among public safety and law
enforcement personnel and persons engaged in activities and businesses critical
to the economy and infrastructure of the State), and potential closures of
schools or other places of public gathering; and
WHEREAS, the New Mexico Department of Health possesses legal
authority pursuant to the Public Health Act, NMSA 1978, Sections 24-1-1 to -40,
the Public Health Emergency Response Act, NMSA 1978, Sections 12-1 OA-1 to -10,
the Department of Health Act, NMSA 1978, Sections 9-7-1 to -18, the authority
granted in EO 2020-004, and in any inherent constitutional police powers of the
New Mexico state government, to preserve and promote public health and safety,
to adopt isolation and quarantine, and to close public places and forbid
gatherings of people when deemed necessary by the Department for the protection
of public health.
NOW, THEREFORE, I, Kathyleen M. Kunkel, Cabinet Secretary of the
New Mexico Department of Health, in accordance with the authority vested in me
by the Constitution and the Laws of the State of New Mexico, do hereby declare
the current outbreak of COVID-19 a condition of public health importance as
defined in the New Mexico Public Health Act, NMSA 1978, Section 24-1-2(A) as an
infection, a disease, a syndrome, a symptom, an injury or other threat that is
identifiable on an individual or community level and can reasonably be expected
to lead to adverse health effects in the community, and that poses an imminent
threat of substantial harm to the population of New Mexico.
The following definitions are
adopted for the purposes of this Order:
Definitions: As used in this
Public Health Order, the following terms shall have the meaning given to them,
except where the context clearly requires otherwise:
(1) "Condition of public health importance" means an
infection, a disease, a syndrome, a symptom, an injury or other threat that is
identifiable on an individual or community level and can reasonably be expected
to lead to adverse health effects in the community.
(2) "Disease" means an illness, including those
caused by infectious agents or their toxic products which may be transmitted to
a susceptible host.
(3) "Essential service" includes the provision of
goods and services necessary to sustain and promote public health and welfare
including airports, transportation facilities, shelters, grocery stores and
pharmacies, local food vendors, courthouses, correctional and detention
facilities, banks, schools and educational institutions, hospitals, clinics, nursing
homes, intermediate care facilities for individuals with intellectual
disabilities, other health care and congregate care facilities, and places of
worship operating during "normal business hours''.
(4) "Individuals" means natural
persons.
(5) "Gathering" means any grouping together of
individuals in a single connected location.
(6) "Mass gathering" means any public or private
gathering that brings
together ten (10) or more individuals in a
single room or connected space but does not include a "typical business
environment" and does not include the presence of ten (10) or more
individuals in a residence where those individuals regularly reside.
(7) "Normal business hours" means the normal workday
or typical time of
operation for a "typical business environment".
(8) "Secretary" or "Secretary of Health"
means the Cabinet Secretary of the Department of Health.
(9) "Typical business environments" includes
businesses, governmental
organizations, political subdivisions, or
other entities engaged in commercial, industrial, charitable, or professional
activities.
I HEREBY DIRECT
AS FOLLOWS:
(1) All Mass Gatherings are hereby
prohibited under the powers and authority set forth in the New Mexico Public
Health Act, and all regulations promulgated pursuant thereto.
(2) All restaurants, bars, breweries,
eateries, and other food service establishments are limited to providing
take-out service and home delivery only.
(3) Indoor shopping malls, recreational
facilities, health clubs, resort spas, athletic facilities, theaters including
movie theaters, and flea markets are directed to close for the duration of this
Order. Restaurants situated in shopping malls with exterior entrances may
provide take-out or delivery services.
(4) Typical business environments that
are not engaged in the provision of an essential service should limit
operations to the greatest extent possible and minimize employee contact.
(5) All casinos and horse racing
facilities, and attendant restaurant or bar operations shall close during the
pendency of this Order. This directive excludes those casinos operating on
Tribal lands.
(6) Hotels, motels, and other places of
lodging shall not operate at more than fifty percent of maximum occupancy. This
restriction does not apply to operations providing lodging to health care
workers who are engaged in the provision of care to New Mexico residents or
those businesses providing temporary housing to individuals employed and
working in New Mexico.
(7) The New Mexico Department of Public
Safety, the New Mexico Department of Homeland Security and Emergency
Management, the Department of the Environment, Regulation and Licensing
Department, and all other State departments and agencies are authorized to take
all appropriate steps to ensure compliance with this Order.
(8) All public and private employers are
required to comply with this Order and any instructions provided by State
departments or agencies regarding COVID-19.
(9) In order to minimize the shortage of
health care supplies and other necessary goods, grocery stores and other
retailers are hereby directed to limit the sale of over-the counter
medications, durable medical equipment, baby formula, diapers, sanitary care
products, and hygiene products to three packaged items per individual. NMSA 1978, § 12-lOA-6 (2012). This provision is not intended
to limit the provision of prescription medications by pharmacies.
I FURTHER DIRECT as follows:
(1) This Order shall be broadly
disseminated in English, Spanish and other appropriate languages to the
citizens of the State of New Mexico.
(2) This Order declaring restrictions
based upon the existence of a condition of public health importance shall not
abrogate any disease-reporting requirements set forth in the New Mexico Public
Health Act.
(3) This Order shall remain in effect for
the duration of Executive Order 2020-004.
This Order may be renewed consistent with any direction from the
Governor.
I FURTHER ADVISE the public to
take the following preventive precautions:
- New Mexico citizens are strongly advised to
stay at home and undertake only those outings absolutely necessary for their
health, safety, or welfare.
- Avoid contact with people who are sick.
- Wash your hands often with soap and water for
at least 20 seconds, especially after blowing your nose, coughing, or sneezing,
or having been in a public place. If soap and water are not available, use a
hand sanitizer that contains at least 60% alcohol.
- To the extent possible, avoid touching high-touch
surfaces in public places – elevator buttons, door handles, handrails,
handshaking with people, etc. Use a tissue or your sleeve to cover your hand or
finger if you must touch something.
- Avoid touching your face, nose, eyes, etc.
- Clean and disinfect your home to remove
germs: practice routine cleaning of frequently touched surfaces (for example:
tables, doorknobs, light switches, handles, desks, toilets, faucets, sinks
& cell phones).
- Avoid crowds, especially in poorly
ventilated spaces. Your risk of exposure to respiratory viruses like COVID-19
may increase in crowded, closed-in settings with little air circulation if
there are people in the crowd who are sick.
- Avoid all non-essential travel including
plane trips and cruise ships.
THIS ORDER amends the Public Health Emergency Order to Limit Mass
Gatherings Due to COVID-19 issued on March 12, 2020 and the Public Health
Emergency Order Limiting Mass Gatherings and Implementing Other Restrictions
Due to COVID-19 issued on March 16, 2020.
This Order supersedes any other previous orders, proclamations, or
directives in conflict.
This
Order shall take effect immediately and shall remain in effect for the duration
indicated in the Order unless otherwise rescinded.
ATTEST: DONE
AT THE EXECUTIVE OFFICE
THIS
19TH DAY OF MARCH 2020
/ S / WITNESS
MY HAND AND THE GREAT
MAGGIE
TOULOUSE OLIVER SEAL
OF THE STATE OF NEW MEXICO
SECRETARY
OF STATE
/ S /
KATHYLEEN
M. KUNKEL
SECRETARY
OF THE STATE OF NEW MEXICO
DEPARTMENT
OF HEALTH