New Mexico Register / Volume XXXI,
Issue 9 / May 5, 2020
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT OF HEALTH
APRIL 11, 2020
Public Health
Emergency Order Clarifying that Current Guidance
Documents, Advisories, and Emergency Public
Health Orders Remain in Effect; and Amending
the March 23, 2020 and April 6, 2020 Public Health Emergency
Orders Closing All Businesses and Non-Profit Entities
Except for those Deemed Essential
and Providing Additional Restrictions on Mass Gatherings Due to COVID-19
PREFACE
The purpose of this amended Public Health Emergency
Order is to further restrict business operations and
public gatherings to mitigate the spread of the Novel Coronavirus Disease 2019 ("COVID-19"). We have reached a crucial juncture at which
stricter adherence to social
distancing and self-isolation measures will be necessary
to protect the integrity of our health
care system against the potentially devastating effects that could result from
a rapid increase in COVID-19 cases in
New Mexico. The bottom line is that all New Mexicans
should be staying in their homes
for all but the most essential activities and services. When New Mexicans are not in their homes,
they should strictly adhere to social distancing protocols to minimize
risks. These sacrifices are the best
contribution that each of us can individually
make to protect the health and wellbeing of our fellow citizens
and the State as a whole. In accordance
with these purposes, this Order and its exceptions should
be narrowly construed to encourage New Mexicans to stay in their homes for
all but the most essential activities.
It is hereby ORDERED that:
1. All current
guidance documents and advisories issued by the
Department of Health remain in effect.
2. The following Public Health
Emergency Orders remain in effect through the
current Public Health Emergency and any subsequent
renewals of that Public Health Emergency or
until they are amended of rescinded:
A. March 13, 2020 Public Health
Emergency Order to Temporarily Limit Nursing
Home Visitation Due to COVID-19;
B. March 24, 2020 Public Health Emergency Order Imposing
Temporary Restrictions on Non-Essential
Health Care Services, Procedures , and Surgeries; Providing Guidance on those
Restrictions; and Requiring a Report from
Certain Health Care Providers; and
C. March 24, 2020 Public Health
Emergency Order Temporarily Regulating the
Sale and Distribution of Personal Protective Equipment Due to Shortages Caused by COVID-19.
3. The
March 23, 2020 Public Health Emergency Order Closing All Businesses and Non-Profit Entities Except for those Deemed
Essential and Providing Additional Restrictions on Mass Gatherings Due to COVID-19 is hereby amended as follows:
ORDER
WHEREAS, on March 11,
2020, because of the spread of the novel Coronavirus Disease 2019 ("COVID-19"), Michelle Lujan
Grisham, the Governor of the State of
New Mexico, declared that a
Public Health Emergency exists in New Mexico under the Public Health Emergency Response Act, and invoked her
authority under the All Hazards Emergency Management
Act;
WHEREAS, on April 6,
2020, Governor Michelle Lujan Grisham renewed the declaration of a Public Health Emergency until April 30, 2020 due
to the continued spread of COVID-19 in
New Mexico;
WHEREAS, COVID-19
continues to spread in New Mexico and nationally. Since, Executive Order 2020-004 was issued, confirmed COVID-19
infections in New Mexico have risen to
1,091 and cases in the United States have increased from 1,000 confirmed cases
to over 500,000 confirmed cases;
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), potential displacement of persons,
and closures of schools or other places of public gathering;
WHEREAS, social
distancing is the sole way New Mexicans can minimize the spread of COVID-19 and currently constitutes the most
effective means of mitigating the potentially
devastating impact of this pandemic in New Mexico; 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-lOA-1
to -10, the Department of Health Act, NMSA 1978,
Sections 9-7-1 to -18, and 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, and as directed by the Governor pursuant to the full scope of her
emergency powers under the All Hazard Emergency Management Act as invoked
through Executive Order 2020-004, 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-l-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) "Retail space" means an "essential
business" that sells good or services directly to customers or end-users inside its place of business, such as a
grocery store or a hardware stores and includes the "essential
businesses" listed in the categories below: 2(d), 2(k), 2(m), 2(n), 2(s), 2(u), and 2(v).
(2) "Essential business" means any business or
non-profit entity falling within one or more
of the following categories:
(a) Health care operations including
hospitals, walk-in-care health facilities, veterinary
and livestock services necessary to assist in an emergency or to avoid an emergency (such as vaccinations),
pharmacies, medical wholesale and
distribution, home health care workers or aides for the elderly, emergency dental facilities, nursing homes, residential
health care facilities, research
facilities, congregate care facilities, intermediate care facilities for those with intellectual or
developmental disabilities, supportive
living homes, home health care providers, and medical supplies and equipment manufacturers and providers;
(b) Homeless shelters, food banks, and
other services providing care to indigent
or needy populations;
(c) Childcare facilities necessary to
provide services to those workers employed
by essential businesses and essential non-profit entities;
(d) Grocery stores, supermarkets, food
banks, farmers' markets and vendors who
sell food, convenience stores, and other businesses that generate the majority of their revenue from the sale of
canned food, dry goods, fresh fruits
and vegetables, pet food, feed, and other animal supply stores, fresh meats, fish, and poultry, and any other
household consumer products;
(e) Farms, ranches, and other food
cultivation, processing, or packaging operations;
(f) All facilities routinely used by law
enforcement personnel, first responders,
firefighters, emergency management personnel, and dispatch operators;
(g) Infrastructure operations including,
but not limited to, public works construction,
commercial and residential construction and maintenance, airport operations, public transportation, airlines, taxis,
private transportation providers,
transportation network companies, water, gas, electrical,
oil drilling, oil refining, natural resources extraction or mining operations, nuclear material research and
enrichment, those attendant to the
repair and construction of roads and highways, gas stations, solid waste collection and removal, trash and
recycling collection, processing and
disposal, sewer, data and internet providers, data centers, technology support operations, and telecommunications
systems;
(h) Manufacturing operations involved in
food processing, manufacturing agents,
chemicals, fertilizer, pharmaceuticals, sanitary products, household paper products,
microelectronics/semi-conductor, primary metals manufacturers, electrical equipment, appliance, and component manufacturers, and transportation equipment manufacturers;
(i) Services necessary to maintain the
safety and sanitation of residences or essential
businesses including security services, towing services, custodial services, plumbers, electricians, and other
skilled trades;
(j) Media services including television,
radio, and newspaper operations;
(k) Automobile repair facilities, bike
repair facilities, and retailers who generate
the majority of their revenue from the sale of automobile or bike repair
products;
(l) New and used automobile dealers may
sell cars through internet or other audiovisual
means but they may not allow customers in showrooms;
(m) Hardware
stores;
(n) Laundromats and dry cleaner services;
(o) Utilities, including their
contractors, suppliers, and supportive operations, engaged in power generation, fuel supply and transmission, water
and wastewater supply;
(p) Funeral homes, crematoriums and
cemeteries;
(q) Banks, credit unions, insurance
providers, payroll services, brokerage services,
and investment management firms;
(r) Real estate services including
brokers, title companies, and related services;
(s) Businesses providing mailing and
shipping services, including post office boxes;
(t) Laboratories and defense and
national security-related operations supporting
the United States government, a contractor to the United States government, or any federal entity;
(u) Restaurants, but only for delivery or
carry out and local breweries or distillers
but only for carry out;
(v) Professional services, such as legal
or accounting services, but only where necessary
to assist in compliance with legally mandated activities; and
(w) Logistics, and also businesses that
store, transport, or deliver groceries, food,
materials, goods or services directly to residences, retailers, government institutions, or essential
businesses. Businesses falling under this
category are not permitted to provide curbside pickup services to the general public for online or telephonic
orders.
(4) "Individuals" mean 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
five (5) or more individuals in a single room or connected space, confined
outdoor space or an open outdoor space
where individuals are within six (6) feet of each other, but does not include the presence of five (5) or more
individuals where those individuals regularly reside. "Mass gathering" does not include
individuals who are public officials or public employees in the course and scope of their employment.
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. This
prohibition does not apply to necessary operations of essential businesses. Churches,
synagogues, mosques, and all other houses of worship shall adhere to this restriction, but nothing in this order is
intended to preclude these faith-based institutions
from holding services through audiovisual means.
(2)
All businesses, except those entities identified as
"essential businesses", are hereby directed
to reduce the in-person workforce at each business or business location by 100%. "Essential businesses" may
remain open provided they minimize their operations
and staff to the greatest extent possible. Further, all essential businesses
shall adhere to social distancing protocol and maintain at least six-foot
social distancing from other individuals, avoid person-to-person · contact, and direct employees to wash their hands frequently. All essential businesses
shall ensure that all surfaces are
cleaned routinely.
(3)
This Order requires the closure of physical office spaces,
retail spaces, or other public spaces of a business and does not otherwise
restrict the conduct of business operations
through telecommuting or otherwise working from home in which an employee only
interacts with clients or customers remotely.
(4)
The maximum number of customers allowed in a "retail
space" at any given time shall be equal to 20% of the maximum occupancy of
the retail space, as determined by the
relevant fire marshal or fire department.
If customers are waiting
outside of a "retail space", they must to do so in compliance with
social distancing protocols including
the requirement that they maintain a distance of at least six-feet from other individuals, avoid person-to-person contact.
(5)
All casinos and horse racing facilities shall close during
the pendency of this Order. This
directive excludes those casinos operating on Tribal lands.
(6)
Hotels, motels, RV parks, and other places of lodging shall
not operate at more than twenty-five
percent of maximum occupancy. Health care workers who are engaged in the provision of care to New Mexico residents
or individuals utilizing lodging facilities for extended stays, as temporary
housing, or for purposes of a quarantine or isolation
period shall not be counted for purposes of determining maximum occupancy.
Short-term vacation rentals, apartments, and houses are not permitted to operate except to provide housing to health
care workers who reside out of state but are engaged in the provision of care
to New Mexico residents.
(7)
All call centers situated in New Mexico are directed to
reduce their in-person workforce by
100%. This includes any call center that is part of or supports an essential
business.
(8)
Self-storage facilities should reduce operations to the
minimum number of employees necessary
to ensure public access to storage units and adequate security for storage units, including a 100% reduction in
permanent on-site workforce whenever possible.
(9)
This Order does not limit animal shelters, zoos, and other
facilities with animal care operations
from performing tasks that ensure the health and welfare of animals. Those
tasks should be performed with the minimum number of employees necessary, for the minimum amount of time
necessary, and with strict adherence to all
social distancing protocols.
(10)
The New Mexico Department of Public Safety, the New Mexico
Department of Homeland Security and
Emergency Management, the Department of the Environment, and all other State
departments and agencies are authorized to take all appropriate steps to ensure compliance with this Order.
(11)
All public and private employers are required to comply with
this Order and any instructions
provided by State departments or agencies regarding COVID-19.
(12)
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
medications, durable medical equipment,
baby formula, diapers, sanitary care products, and hygiene products to three items per individual. NMSA 1978, § 12-1OA-6 (2012).
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) Nothing in this Order is intended to
restrain or preempt local authorities from enacting
more stringent restrictions than those required by the Order.
(4) This Order shall take effect
immediately and remain in effect through April 30, 2020. 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 should stay at
home and undertake only those
outings absolutely necessary for their
health, safety, or welfare.
-- Retailers should take appropriate action
consistent with this order to reduce hoarding and ensure that all New Mexicans can purchase necessary goods.
-- Avoid crowds.
-- Avoid all non-essential travel
including plane trips and cruise ships.
Self-quarantine or self-isolate
for at least fourteen days after all out-of-state travel.
ATTEST:
DONE AT THE EXECUTIVE OFFICE
THIS 11TH DAY OF APRIL 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