New Mexico Register / Volume XXXI,
Issue 24 / December 29, 2020
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT OF HEALTH
SECRETARY-DESIGNATE TRACIE C. COLLINS, M.D.
DECEMBER 15, 2020
Amended Public Health Emergency Order Implementing Additional Contact Tracing
Information Requirements for all Laboratories and Submitters Submitting
Notifiable
Condition COVID-19 Test Results to the New Mexico Epidemiology and
Response Division
WHEREAS, on January 30, 2020, the World Health Organization
announced the emergence of a novel Coronavirus Disease 2019 ("COVID-19
") that had not previous sly circulated in humans, but has been found to
have adopted to humans such that it is contagious and easily spread from one
person to another and one country to another;
WHEREAS, COVID-19 has been confirmed in New Mexico since March 11,
2020, when the New Mexico Derailment of Health confirmed the first cases of
individuals infected with COVID-19 in New Mexico and additional cases have been
confirmed each day since then;
WHEREAS, on March 11, 2020, because of the spread of COVID-19 ,
Michelle Lujan Grisham, the Governor of the State of New Mexico, issued
Executive Order 2020-004 declaring 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 G1isham has renewed the
declaration of a Public Health Emergency through January 8, 2021;
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
person s, and closures of schools or other places of public gathering;
WHEREAS, all physicians, laboratories, health care professionals,
and other persons having knowledge of diseases or conditions covered by 7.4.3.
1 NMAC, Control of Disease and Conditions of Public Health Significance, are
required to provide to the Epidemiology and Response Division all rep01ts
including electronic laboratory rep01is of notifiable conditions which pursuant
to 7.4.3.13(A) NMAC must include the disease or condition being reported, the
patient's name, data of bi1ih/age, gender, race/ethnicity, address, patient
phone numbers and occupation;
WHEREAS, in the effort to stop further spread of COVID-19 in the
State of New Mexico, the Epidemiology and Response Division conducts contact
tracing of positive cases of COVID-19 the effort to halt the spread of this
notifiable condition ; and
WHEREAS, the New Mexico Department of Health possess legal
authority pursuant to the Public Health Act, NMSA, 1978, Sections 24-1-1 to -40
the Public Health Emergency Response Act, NMSA 1978, 12-lOA-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.
NOW, THEREFORE, I, Tracie C. Collins,
M.D., Secretary-Designate 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 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.
I
ORDER AND DIRECT as follows:
(1) All laboratories and submitters
submitting the required reports of the notifiable condition, including
COVID-19, to the Department of Health pursuant to 7.4.3. l 3(A) NMAC must
submit all such reports electronically by HL7 messaging or other format specified
by the Department of Health, and shall include in such reports all information
currently required to be submitted, which includes (1) the disease or condition
being reported; (2) patient's name, date of birth/age, gender, race/ethnicity,
address, patient telephone numbers, and occupation; (3) physician or licensed
healthcare professional name and telephone number; and (4) healthcare facility
or laboratory name and telephone number.
(2) In addition to the information
required to be reported by 7.4.3.13(A) NMAC, all laboratories and submitters
shall provide the following demographic information to the New Mexico
Epidemiology and Response division with each notifiable condition report: (1)
patient's email address(es); (2) name of patient's employer; (3) address of
patient's employer; (4) phone number of patient's employer; (5) name of
patient's school if applicable (Grade K-12 or Higher Educational Institution);
and (6) address of patient's school if applicable.
(3) All submitters, entities and
individuals who collect COVID-19 specimen samples must report daily to the
Department of Health the number of COVID-19 specimen samples collected, along
with any additional related information requested by the Department, including
the identity and location of the laboratory where the samples will be sent for
processing. All information shall be submitted through the Department's website
portal at
https://cv.nmhealth.org/providers/list-your-screening-and-testing-location/.
(4) Any person who willfully violated
this Order may be subject to civil administrative penalties, including fines up
to $5000 per violation under NMSA 1978, Section 12-lOA-19, in addition to other
civil or criminal penalties that may be available at law.
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 shall take effect on December
16, 2020 and remain in effect for the duration of the public health emergency first
declared in Executive Order 2020-004 and any subsequent renewals of that public
health emergency declaration unless otherwise rescinded. This Order may be
renewed consistent with any direction from the Governor.
ATTEST: DONE
AT THE EXECUTIVE OFFICE
THIS 15TH DAY OF DECEMBER 2020
/ S
/
WITNESS MY HAND AND THE GREAT
MAGGIE TOULOUSE OLIVER SEAL
OF THE STATE OF NEW MEXICO
SECRETARY OF STATE
/ S /
TRACIE C. COLLINS, M.D.
SECRETARY-DESIGNATE
OF THE STATE OF
NEW MEXICO DEPARTMENT OF HEALTH