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