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
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 to
Impose County-by-County
Restrictions 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. It remains
the core purpose of this Order to emphasize that all
New Mexicans
should
be staying
in
their homes for all but the most essential activities and services. This is especially
true now, when this State is experiencing an unprecedented surge in new cases
and hospitals are approaching or exceeding their capacity. 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Public Health Emergency or until they are amended of rescinded: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. December 15, 2020 Amended Public Health Emergency Order T 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.
3. The December 2, 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 December
11, 2020;
WHEREAS, confirmed cases in the United
States have risen to more than 16.6 million and confirmed COVID-19 infections
in New Mexico have risen to over 121,000 with significant recent spikes in New
Mexico threatening to overwhelm our hospitals;
WHEREAS, COVID-19 is a deadly virus and
has taken the lives of over 300,000 Americans and over 1,900 New Mexicans;
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, 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.
DEFINITIONS
As used in this 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 more than one-third of their revenue from the
sale of canned food, dry goods, fresh fruits and vegetables, pet food, animal
feed or supplies, fresh meats, fish, and poultry, and any other consumable household
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, self-storage facilities, 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,
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. Crematoriums, funeral homes, 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, tattoo parlors, nail salons, spas, massage
parlors, esthetician clinics, tanning salons, guided raft tours, and guided
balloon tours.
(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, bowling
alleys, casinos, concert venues, ice-skating rinks, 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, ski basins, youth programs, youth
livestock shows, horseracing tracks, botanical gardens, and outdoor zoos.
(7) "Places of lodging" means all hotels, motels, RV
parks, and short-term vacation rentals.
(8) "Retail space" means any business that regularly
sells goods or services directly to consumers or end-users at the business
location and includes, but is not limited to, the following "essential
businesses" identified in the categories above: (1)d, (1)k, (1)m, and
(1)n.
(9) "Mass gathering" means any public gathering,
private gathering, organized event, ceremony, parade, funeral, or any other grouping
that brings together a specified number of individuals in a single room or
connected space, confined outdoor space, or open outdoor space. "Mass
gatherings" also includes coordinated events in which individuals gather
in vehicles. "Mass gathering" does not include the presence of <my
number of 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/.
THE "RED TO GREEN" FRAMEWORK
Beginning December 16, 2020, I DIRECT that the State shall reopen according to the following
county-by-county framework:
SUMMARY
This
Order sets out the "Red to Green" framework, which includes three
levels of operations that are based on a c01mty's ability to satisfy specified
metrics: Green Level, Yellow Level, and Red Level. A cotmty
will remain at a given operating level so long as it continues to satisfy the
specified metrics for that level. The Department of Health maintains the
official map displaying each county's current level at: https://cvprovider.nmhealth.org/public-dashboard.html. The Department of Health updates this map
every other Wednesday. If a county fails to meet the specified metrics for a
given level, the county must begin operating at the lower level's restrictions
within 48 hours of the map's update. If a county begins meeting the specified
metrics for a less restrictive level, the county may begin operating at that
level's restrictions immediately upon the map's update.
REOPENING LEVEL METRICS
Counties shall be categorized according to one of the
following levels:
(1) Green Level -Counties seeking to
operate at this level must satisfy both of the following metrics:
(a) A new COVID-19 case incidence rate of
no greater than 8 cases per 100,000 inhabitants during the most recent two-week
period; AND
(b) An average percent of positive
COVID-19 test results over the most recent 14-day period less than or equal to
5%.
(2) Yellow Level - Counties seeking to
operate at this level must meet either of the following metrics:
(a) A new COVID-19 case incidence rate of
no greater than 8 cases per 100,000 inhabitants during the most recent two-week
period; OR
(b) An average percent of positive
COVID-19 test results over the most recent 14-day period less than or equal to
5%.
(3) Red Level -All other counties shall
operate at the Red Level.
REQUIREMENTS FOR EACH LEVEL
Green Level - Green Level counties are
subject to the following requirements:
(I) Except as
provided in the following paragraph, all "mass gatherings" of more
than twenty (20) individuals are prohibited. "Mass gatherings" in
which individuals gather in vehicles are permitted so long as the gathering is
limited to one hundred (100) vehicles, no food or drinks are sold at the
gathering, and all individuals remain in their vehicles.
(2) All businesses, houses of worship,
and other non-profit entities may operate subject to the following occupancy
limits and restrictions:
a. All "essential businesses,"
excluding those defined as a "retail space," may operate without
occupancy limitations but must limit operations to only those absolutely
necessary to carry out essential functions.
b. "Essential businesses"
identified as a "retail space" may operate but may not exceed 50% of
the maximum occupancy of any enclosed space on the premises, as determined by
the relevant fire marshal or fire department.
c. "Houses of worship" may
hold religious services, indoors or outdoors, or provide services through
audiovisual means, but may not exceed 50% of the maximum occupancy of any
enclosed space on the premises, as determined by the relevant fire marshal or
fire department.
d. "Outdoor recreational
facilities" may operate at 50% capacity unless specified otherwise in the
pertinent CSP's, in which case the CSP's capacity limits are controlling. The
indoor portions of "outdoor recreational facilities" must comply with
the requirements contained in paragraph (2)h below
unless specified otherwise in the pertinent CSP's. Notwithstanding any other
provision herein, horseracing tracks are prohibited from having spectators.
e. "Food and drink
establishments" may not provide dine-in service, except those restaurants
that have completed the NM Safe Certified training program. All "food and drinl( establishments" that have completed the NM Safe
Certified offered at https://nmsafecertified.org, and also 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 information for no less than three weeks may operate at 50% of
the maximum occupancy of any enclosed space on the premises, as determined by
the relevant fire marshal or fire department. All "food and drink
establishments," regardless of compliance with the NM Safe Certified requirements,
may provide service in outdoor seating areas up to 75% occupancy, where
applicable. In all instances, tables 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, and no
bar or counter seating is permitted. "Food and drink establishments"
may provide carryout service, or delivery service if otherwise permitted by
law.
f. "Places of lodging" which
have completed the NM Safe Certified training offered at
https://mnsafecertified.org may operate up to 75% of maximum occupancy. All
other "places of lodging" shall not operate at more than 40% of
maximum occupancy. Further, and notwithstanding any other provision herein, any
home, apartment, condominium, or other similar space that is offered as a
vacation rental may operate but may not exceed ten (10) guests. Healthcare
providers who are engaged in the provision of care to New Mexico residents,
individuals for extended stays as temporary housing, and individuals who are
quarantining shall not be counted for purposes of determining maximum
occupancy.
g. "Close-contact recreational
facilities" may not operate.
h. Any entity that is not identified
as an "essential business," "house of worship,"
"outdoor recreational facility," "food and drink
establishment," "place of lodging," or "close-contact
recreational facility" may operate but may not exceed 50% of the maximum
occupancy of any enclosed space on the premises, as determined by the relevant
fire marshal or fire department.
i. State
museums may operate but may not exceed 50% of the maximum occupancy of any
enclosed space on the premises, as determined by the relevant fire marshal or
fire department.
Yellow Level -Yellow Level counties are subject to the following
requirements:
(1) Except as provided in the following
paragraph, all "mass gatherings" of more than ten (10) individuals
are prohibited. "Mass gatherings" in which individuals gather in
vehicles are permitted so long as the gathering is limited to twenty-five (25)
vehicles, no food or drinks are sold at the gathering, and all individuals
remain in their vehicles.
(2) All businesses, houses of worship,
and other non-profit entities may operate subject to the following occupancy
limits and restrictions:
a. All "essential
businesses," excluding those defined as a "retail space," may
operate but must limit operations to only those absolutely necessary to carry
out essential functions.
b. "Essential businesses"
identified as a "retail space" may operate but may not exceed 33% of
the maximum occupancy of any enclosed space on the premises, as determined by
the relevant fire marshal or fire department.
c. "Houses of worship" may
hold religious services, indoors or outdoors, or provide services through
audiovisual means, but may not exceed 33% of the maximum occupancy of any
enclosed space on the premises, as determined by the relevant fire marshal or
fire department.
d. "Outdoor recreational facilities"
may operate at 25% capacity unless specified otherwise in the pertinent CSP's,
in which case the CSP's capacity limits are controlling. The indoor portions of
"outdoor recreational facilities" must comply with the requirements
contained in paragraph (2)i
below unless specified otherwise in the pertinent CSP's. Notwithstanding any
other provision herein, horseracing tracks are prohibited from having
spectators.
e. "Food and drink
establishments" may not provide dine-in service unless they complete the NM
Safe Certified training offered at https://nmsafecertified.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 information for no less than
three weeks. Those "food and drink establishments" that complete the
NM Safe Certified training and comply with all attendant requirements mandated
by that program may provide dine-in services but they may not exceed more than
25% of the maximum occupancy of any enclosed space on the premises, as
determined by the relevant fire marshal or fire department. All "food and
drink establishments," regardless of compliance with the NM Safe Certified
requirements, may provide service in outdoor seating areas up to 75% occupancy,
where applicable. In all instances, tables 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, and no bar or cow1ter seating is permitted. 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 permitted on the premises. "Food and drink
establishments" may provide carryout service, or delivery service if
otherwise permitted by law.
f. "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. Further, and notwithstanding any other provision herein, any
home, apartment, condominium, or other similar space that is offered as a
vacation rental may operate but may not exceed five (5) guests. Healthcare
providers who are engaged in the provision of care to New Mexico residents,
individuals for extended stays as temporary housing, and individuals who are
quarantining shall not be counted for purposes of determining maximum
occupancy.
g. "Close-contact recreational
facilities" may not operate.
h. "Close-contact
businesses" may operate but may not exceed the lesser
of 25% of the maximum occupancy of any enclosed space on the premises, as
determined by the relevant fire marshal or fire department, or twenty (20)
customers inside the building at any given time.
i. Any
entity that is not identified as an "essential business," "house
of worship," "outdoor recreational facility," "food and
drink establishment," "place of lodging," "close-contact
recreational facility," or "close-contact business" may operate but
may not exceed
the lesser of 25% of the maximum occupancy of any enclosed space on the
premises, as determined by the relevant fire marshal or fire department, or one
hundred twenty-five (125) customers inside its building at any given time.
Notwithstanding the foregoing, indoor shopping malls may operate, provided that
the total number of persons within the mall does not exceed 25% of the maximum
occupancy of the premises, as determined by the relevant fire marshal or fire
department.
j. State museums may not operate.
Red Level -Red Level counties are subject to the following
requirements:
(1) Except as provided in the following
paragraph, all "mass gatherings" of more than five (5) individuals
are prohibited. "Mass gatherings" in which individuals gather in
vehicles are permitted so long as the gathering is limited to ten (10)
vehicles,
no food or drinks are sold at the gathering, and all individuals remain in
their vehicles.
(2) All businesses, houses of worship,
and other non-profit entities may operate subject to the following occupancy
limits and restrictions:
a. All "essential
businesses," excluding those defined as a "retail space," may
operate but must limit operations to only those absolutely necessary to carry
out essential functions.
b. "Essential businesses"
identified as a "retail space" may operate but may not exceed 25% of
the maximum occupancy of any enclosed space on the premises, as determined by
the relevant fire marshal or fire department.
c. "Houses of worship" may
hold religious services, indoors or outdoors, or provide services through
audiovisual means, but may not exceed 25% of the maximum occupancy of any
enclosed space on the premises, as determined by the relevant fire marshal or
fire department.
d. "Outdoor recreational
facilities" may operate at 25% capacity unless specified otherwise in the
pertinent CSP's, in which case the CSP's capacity limits are controlling. The indoor portions
of "outdoor recreational facilities" must comply with the
requirements contained in paragraph (2)i below unless specified otherwise in the pertinent CSP's.
Notwithstanding any other provision herein, horseracing tracks are prohibited
from having spectators.
e. "Food and drink
establishments" may not provide indoor dine-in service but may provide
service in outdoor seating areas up to 25% occupancy, where applicable. Tables
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, and 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 9:00
p.m. and must remain closed until at least 4:00 a.m. "Food and drink establishments"
may provide delivery service after 9:00 p.m. but no customers are permitted on
the premises.
f. "Places of lodging" which
have completed the NM Safe Certified training offered at
https://nmsafecertified.org may operate up to 40% of maximum occupancy. All
other "places of lodging" shall not operate at more than 25% of
maximum occupancy. Further, and notwithstanding any other provision herein, any
home, apartment, condominium, or other similar space that is offered as a
vacation rental may operate but may not exceed five (5) guests. Healthcare
providers who are engaged in the provision of care to New Mexico residents,
individuals for extended stays as tempora1y housing, and individuals who are
quarantining shall not be counted for purposes of determining maximum
occupancy.
g. "Close-contact recreational
facilities" may not operate.
h. "Close-contact
businesses" may operate but may not exceed the lesser
of 25% of the maximum occupancy of any enclosed space on the premises, as
determined by the relevant fire marshal or fire department, or ten (10)
customers inside the building at any given time.
i. Any
entity that is not identified as an "essential business," "house
of worship," "outdoor recreational facility," "food and
drink establishment,'' "place of lodging,'' "close-contact
recreational facility,'' or "close-contact business" may operate but
may not exceed the lesser of 25% of the maximum occupancy of any enclosed space
on the premises, as dete1mined by the relevant fire marshal or fire department,
or seventy-five (75) customers inside the building at any given time.
Notwithstanding the foregoing, indoor shopping malls may operate, provided that
the total number of persons within the mall does not exceed 25% of the maximum
occupancy of the premises, as determined by the relevant fire marshal or fire department.
j. State museums may not operate.
BASELINE DIRECTIVES
Regardless
of a county's level, DIRECT that the following baseline
directives apply at all times and in all instances:
(1) 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 do not
satisfy this requirement. "Retail spaces" 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.
(2) In order to minimize the shortage of
health care supplies and other necessary goods, "retail spaces" shall
limit the sale of medications, durable medical equipment, baby formula,
diapers, sanitary care products, and hygiene products to three items per
individual.
(3) Any "food and drink
establishment,'' "close-contact business," "place of lodging,''
"retail space," or other business (including "essential
businesses" other than those which meet the definition of a healthcare
operation, utility, or indigent care services) in which members of the public
regularly visit must immediately close for a period of fourteen (14) days
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, an "essential
business" may be permitted to continue operating if the Department of
Health, after consultation with the New Mexico
Environment Department, dete1mines that the business is a necessary
provider of goods or services within the community in light of geographic
considerations. Further, "essential businesses" that test each employee every two weeks and
regularly provide contact tracing data to the Environment Department shall not
be subject to closure under this provision.
(4) All businesses, houses of worship,
and other non-profit entities must adhere to the pertinent CSP's.
(5)
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." Private schools shall
report to the New
Mexico Public Education Department all cases of COVID-19 positive
students, staff, contractors and volunteers associated with the school within
four hours of the school being notified of the positive case, and consistent
with the COVID-19 Response Toolkit for New Mexico's Public Elementary Schools,
as well and any updates or revisions made to the Toolkit document. Private
schools, like public schools, are also subject to inclusion on the New Mexico Environment
Department's watchlist and closure list, as well as
any accompanying restrictions.
(6) State parks shall only be open to New
Mexico residents for day-use only. 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.
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 on December 16, 2020 and
remain in effect through January 13, 2021.
(5) 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.
(6) 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 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