New Mexico Register / Volume XXXI,
Issue 22 / November 24, 2020
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT OF HEALTH
ACTING SECRETARY BILLY J. JIMENEZ
NOVEMBER 5, 2020
Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public
Health Orders Remain in Effect; and Amending Prior Public Health Emergency
Orders Limiting Businesses and Non-Profit Entities' Operations and
Providing Additional Restrictions on Mass Gatherings Due to COVID-19
PREFACE
The
purpose of this amended
Public Health Emergency Order is to amend restrictions on mass gatherings and business
operations, which were implemented in response to the spread
of the Novel
Coronavirus Disease 2019 ("COVID-19"). Continued social
distancing and self-isolation measures
are necessary to protect public health given
the potentially devastating effects that could result from a
rapid increase in COVID-19
cases in New Mexico. While this
Order continues some loosened restrictions on mass gatherings and business operations, the core directive underlying all prior public health initiatives remains intact; 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 must strictly adhere to social distancing protocols and wear face coverings 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Public Health Emergency or until they are amended of rescinded: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. April 30, 2020
Public Health Emergency
Order Modifying
Temporary Restrictions on Non-Essential Health Care Services, Procedures, and Surgeries;
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; and
D. September 3, 2020 Public Health
Emergency Order Clarifying that Polling Places Shall be Open as required in the
Election Code and Imposing Certain Social Distancing Restrictions on Polling
Places.
3. The October 22, 2020 Public Health Emergency Order
Clarifying that Current Guidance Documents, Advisories, and Emergency Public
Health Orders Remain in Effect; and Amending Prior Public Health Emergency
Orders Limiting Businesses and Non-Profit Entities' Operations 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, Governor Michelle
Lujan Grisham has renewed the declaration of a Public Health Emergency through November
13, 2020;
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 over 34,000 and confirmed cases in the United States have
risen to more than 7.8 million, with significant recent spikes in cases in some
of our neighboring states;
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
and the consistent and proper use of face coverings in public spaces are the
most effective ways New Mexicans can minimize the spread of COVID-19 and
mitigate 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 12-10A-1 to -19,
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, Billy J.
Jimenez, Acting 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, 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) "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, 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, drug and alcohol recovery support services, 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;
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. 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;
g. 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;
h. 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;
i. Veterinary
and livestock services, animal shelters and facilities providing pet adoption,
grooming, daycare, or boarding services;
j. Media services;
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. Utilities,
including their contractors, suppliers, and supportive operations, engaged in
power generation, fuel supply and transmission, water and wastewater supply;
m. Hardware stores;
n. Laundromats and dry
cleaner services;
o. Funeral homes,
crematoriums and cemeteries;
p. Banks, credit
unions, insurance providers, payroll services, brokerage services, and investment
management firms;
q. Businesses providing
mailing and shipping services;
r. Laboratories
and defense and national security-related operations supporting the United
States government, a contractor to the United States government, or any federal
entity;
s. Professional
services, such as legal or accounting services, but only where necessary to
assist in compliance with legally mandated activities; and
t. Logistics,
and also businesses that store, transport, or deliver groceries, food,
materials, goods or services directly to residences, retailers, government
institutions, or essential businesses.
(2) "Close-contact businesses"
include barbershops, hair salons, gyms, group fitness classes, tattoo parlors,
nail salons, spas, massage parlors, esthetician clinics, tanning salons, guided
raft tours, guided balloon tours, bowling alleys, ice skating rinks, and
personal training services.
(3) "Food and drink establishments" include
restaurants, breweries, wineries, distillers, cafes, coffee shops, or other
similar establishments that offer food or drink. For purposes of this section,
"breweries" are those businesses licensed pursuant to NMSA 1978,
Section 60-6A-26.1; "distillers" are those businesses licensed
pursuant to NMSA 1978, Section 60-6A-1; and "wineries" are those
businesses licensed pursuant to NMSA 1978, Section 60-A-1l.
(4) "Houses of worship" means any church, synagogue, mosque, or
other gathering space where persons congregate to exercise their religious
beliefs.
(5) "Close-contact recreational facilities" include indoor
movie theaters, indoor museums with interactive displays or exhibits and other
similar venues, miniature golf, arcades, amusement parks, aquariums, casinos,
concert venues, professional sports venues, event venues, bars, dance clubs,
performance venues, go-kart courses, automobile racetracks, adult entertainment
venues, and other places of recreation or entertainment. For purposes of this
section, a "bar" is defined as any business that generated more than
half of its revenue from the sale of alcohol during the preceding fiscal year.
(6) "Outdoor recreational facilities" include
outdoor golf courses, public swimming pools, outdoor tennis courts, youth
programs, youth livestock shows, u-pick produce operations and corn mazes,
horseracing tracks, botanical gardens, outdoor zoos, and New Mexico state
parks.
(7) "Places of lodging" means all hotels, motels, RV
parks, and short-term vacation rentals.
(8) "Retail space" means any business that sells
goods or services directly to consumers or end-users and includes the following
"essential businesses" identified in the categories above: l(d),
(l)k, (l)m, and (l)n.
(9) "Mass gathering" means any public gathering,
private gathering, organized event, ceremony, parade, funeral, organized
amateur contact sport, or other grouping that brings together more than five
(5) individuals in a single room or connected space, confined outdoor space or
an open outdoor space. "Mass
gathering" does not include the presence more than five (5) 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.
(10) "COVID-Safe Practices" ("CSPs") are
those directives, guidelines, and recommendations for businesses and other
public operations that are set out and memorialized in the document titled
"All Together New Mexico: COVID-Safe Practices for Individuals and
Employers." This document may be obtained at the following link https://cv.nmhealth.org/covid
safe-practices/.
I HEREBY DIRECT AS FOLLOWS:
(1) Except as provided
elsewhere in this Order, all "mass gatherings" are hereby prohibited under
the powers and authority set forth in the Public Health Act. An indoor or outdoor parade of any sort is a
mass gathering; parades are therefore prohibited under this Order.
(2) "Essential businesses" may
open but must comply with the pertinent "COVID-Safe Practices (CSPs)"
section(s) of the "All Together New Mexico: COVID-Safe Practices for
Individuals and Employers" and any identified occupancy restrictions. "Essential businesses" identified as
a "retail space" must close by 10:00 p.m. and must remain closed
until at least 4:00 a.m. A "retail
space" may not exceed 25% of the maximum occupancy of any enclosed space
on the business's premises, as determined by the relevant fire marshal or fire
department. Further, an "essential
business" identified as a "retail space" may not allow a person
who is without a mask or multilayer cloth face covering to enter the premises
except where that person is in possession of a written exemption from a
healthcare provider.
(3) "Close-contact businesses" may operate at up to
25% of the maximum occupancy of any enclosed space on the business's premises,
as determined by the relevant fire marshal or fire department. Bowling alleys
may open for league play only and must adhere to occupancy restrictions and all
applicable CSP's including wearing masks. Ice skating rinks may operate for athletic
training and practice by reservation only.
(4) "Close-contact recreational facilities" must
remain closed.
(5) "Food and drink establishments" may provide
dine-in service, but they may not exceed more than 25% occupancy of the maximum
occupancy in any enclosed space on the premises, as determined by the relevant
fire marshal or fire department. "Food
and drink establishments" choosing to provide indoor dining must ensure
that there is at least six feet of distance between tables. No more than six
patrons may be seated at any single table. No bar our counter seating is
permitted. Dine-in services shall be
provided only to patrons who are seated at table, and patrons may not consume
food or beverage while standing. In
order to provide any indoor dining after October 30, 2020, "food and drink
establishments" must complete the NM Safe Certified training offered at
https://mnsafecertified.org, as well as comply with all NM Safe Certified
requirements, including, but not limited to: screening customers and staff for
symptoms of COVID-19 prior to entry, consenting to Department of Health
spot-testing of symptomatic employees, requiring dine-in customers to provide
limited contact information for contact tracing purposes, and retaining contact
tracing infom1ation for no less than three weeks. All "food and drink establishments,"
regardless of noncompliance with the NM Safe Certified requirements, may
provide service in outdoor seating areas up to 75% occupancy, where applicable.
In all instances, tables in outdoor
seating areas must be spaced at least six feet apart. No more than six patrons may be seated at any
single table. Patrons must be seated in
order to be served food or drink unless ordering food for carryout. No bar or counter seating is permitted. "Food and drink establishments" may
provide carryout service, or delivery service if otherwise permitted by law. Any "food and drink establishment"
that is permitted to serve alcohol must close for in-person service by 10:00
p.m. and must remain closed until at least 4:00 a.m. "Food and drink establishments" may provide
delivery service after 10:00 p.m. but no customers are pem1itted on the
premises.
(6) "Houses of worship" may hold religious services,
indoors or outdoors, or provide services through audiovisual means, but may not
be used as a venue for non-religious events. "Houses of worship" may not exceed
40% of the maximum occupancy of any enclosed building, as determined by the
relevant fire marshal or fire department.
(7) "Outdoor recreational facilities" may operate
provided they comply with the pertinent "All Together New Mexico:
COVID-Safe Practices for Individuals and Businesses." Further, state parks
shall only be open to New Mexico residents. Visitor centers and any other large enclosed
indoor spaces at state parks shall remain closed. As a condition of entering a state park, all
visitors must demonstrate proof of residency through one of the following
means: a New Mexico license plate on their vehicle; a New Mexico driver's
license or ID card; a valid New Mexico vehicle registration; a federal document
attesting to residency; or a military identification. The State Parks Division is directed to extend
the use of annual camping passes that were purchased after March 2019 for a
period determined by the State Parks Division related to the original
expiration date due to the closure of State Parks to camping. In addition,
public swimming pools are limited to the concurrent use of not more than ten
(10) persons. Play and splash areas
shall be closed. Horseracing tracks may not allow spectators.
(8) "Places of lodging" which have completed the NM
Safe Certified training offered at https://nmsafecertified.org may operate up
to 60% of maximum occupancy. All other "places of lodging" shall not
operate at more than 25% of maximum occupancy. Healthcare providers who are engaged in the
provision of care to New Mexico residents or individuals utilizing "places
of lodging" for extended stays, as temporary housing, or for purposes of
quarantining shall not be counted for purposes of determining maximum occupancy.
(9) Any business that is not identified as an "essential
business," "close-contact business," "food and drink
establishment," "house of worship," "close-contact
recreational facility," "outdoor recreational facility," or
"place of lodging" may open provided that the total number of persons
situated within the business does not exceed 25% of the maximum occupancy of
any enclosed space on the business's premises, as determined by the relevant
fire marshal or fire department.
(10) Any entity, including businesses and houses of worship,
operating pursuant to this public health order must comply with the pertinent
"COVID-Safe Practices (CSPs)" section(s) of the "All Together
New Mexico: COVID-Safe Practices for Individuals and Employers" and also
any identified occupancy restrictions.
(11) Private educational institutions serving children and
young adults from pre Kindergarten through 12th Grade, including homeschools
serving children who are not household members, shall adhere to the face
covering and other COVID-Safe Practices requirements for in person instruction
described in the document "Reentry Guidance" published by New
Mexico's Public Education Department on June 20, 2020 and as updated from time
to time thereafter, and shall operate with a maximum occupancy of 25% of any
individual enclosed indoor space, such as
any classroom, as determined by the relevant fire marshal or fire
department, with the occupancy restriction herein to govern in the event of any
discrepancy with the "Reentry Guidance."
(12) Unless a healthcare provider instructs otherwise, all
individuals shall wear a mask or multilayer cloth face covering in public
settings except when eating or drinking. Masks with vents shall not satisfy
this requirement.
(13) The New Mexico Department of Health, 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.
(14) 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-l0A-6.
(15) Any "food and drink establishment,"
"close-contact business," "place of lodging," "retail
space," or other business that poses a significant public health risk, as
determined by the Department of Health, must close for a period of two weeks
following the occurrence of four (4) or more rapid responses within a fourteen
(14) day period. For purposes of this directive, rapid responses will be
counted on a rolling basis. Notwithstanding this provision, a "retail
space" may be permitted to continue operating if the Department of Health,
after consultation with the Environment Department, determines that the
business is a necessary provider of goods or services within the community in
light of geographic considerations.
(16) All state-run museums must close.
I FURTHER DIRECT as follows:
(1) This Public Health Order shall be broadly disseminated in
English, Spanish and other appropriate languages to the citizens of the State
of New Mexico.
(2) This Public Health 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 Public Health Order is intended to
restrain or preempt local authorities from enacting more stringent restrictions
than those required by the Order.
(4) This Public Health Order shall take effect on November 5,
2020 and remain in effect through November 13, 2020.
(5) Any and all State officials authorized by the Department
of Health may enforce this Public Health Order by issuing a citation of
violation, which may result in civil administrative penalties of up to $5,000
for each violation under Section 12-l0A-19.
I FURTHER ADVISE the public to take the following preventive precautions:
-- New Mexico citizens should
stay at home and undertake onlv
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.
ATTEST:
DONE AT THE EXECUTIVE OFFICE
THIS 5TH DAY OF NOVEMBER 2020
/ S
/
WITNESS MY HAND AND THE GREAT
MAGGIE TOULOUSE OLIVER SEAL
OF THE STATE OF NEW MEXICO
SECRETARY OF STATE
/ S /
BILLY J. JIMENEZ
ACTING
CABINET SECRETARY OF THE
STATE OF NEW MEXICO DEPARTMENT OF
HEALTH