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 16, 2020

 

 

Public Health Emergency Order Limiting Mass Gatherings and Implementing Other Restrictions Due to COVID-19

 

                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, as of March 15, 2020, the New Mexico Department of Health has confirmed thirteen (13) cases of individuals infected with COVID-19 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;

 

                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)           "Individuals" means natural persons.

                (4)           "Gathering" means any grouping together of individuals in a single connected location.

                (5)           "Mass gathering" means any public or private gathering that brings together one hundred (100) or more individuals in a single room or connected space in close proximity to one another, such as an auditorium, stadium, arena, large conference room, meeting hall, theaters, or any other confined indoor or outdoor space, but does not include normal operations at airports, or other spaces where 100 or more individuals may be in transit.  "Mass gathering" also does not include family gatherings such as weddings or funerals, shelters, retail stores or grocery stores, typical office environments, courthouses, correctional and detention facilities, schools and educational institutions, hospitals, clinics, nursing homes, and other health care and congregate care facilities, and places of worship operating during "normal business hours''.

                (6)           "Normal business hours" means the normal workday or typical time of operation for a "typical office environment".

                (7)           "Secretary" or "Secretary of Health" means the Cabinet Secretary of the Department of Health.

                (8)           "Typical office environments" includes private entities, governmental organizations, political subdivisions, or other entities engaged in commercial, industrial, or professional activities.  "Typical office environments" does not include restaurants, bars, breweries, eateries, and other similar service establishments.

 

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 shall operate at no greater than fifty percent of maximum occupancy, and no greater than fifty percent of seating capacity. Individual tables and booths may not seat more than six people, and all occupied tables and booths must be separated by at least six feet.

Patrons may not be seated at bars and standing patrons shall not be served.

 

(3)           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.

 

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, supersedes any other previous orders, proclamations, or directives in conflict. This Order shall take effect immediately and shall remain in effect until otherwise rescinded.

 

 

ATTEST:                                                                                               DONE AT THE EXECUTIVE OFFICE

                                                                                                                THIS 16TH 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