New Mexico Register / Volume XXXI,
Issue 11 / June 9, 2020
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT OF HEALTH
CABINET SECRETARY KATHYLEEN M. KUNKEL
MAY 15, 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, April 6, 2020, April 11, April 30, 2020, and May
5, 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 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 devasting effects that could result from a rapid increase in COVID-19 cases in New Mexico. While this Order loosens some 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 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Public Health Emergency and any subsequent renewals of that Public Health Emergency or until they are amended of rescinded: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. April 30, 2020 Public Health
Emergency Order Modifying Tempora1y Restrictions on Non-Essent ial 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. April 30, 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 May 5, 2020 Public Health Emergency Order Amending the March 23, 2020,
April 6, 2020, April 11, 2020, and April 30, 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
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 May 31, 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 more than 5,500 and confirmed cases in the United States have risen to more than 1.4 million;
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-l 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, 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
recove1y 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 necessary to provide services
to those workers employed by essential businesses, essential non-profit entities, and other operating non-essential businesses;
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. 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. Veterinary and livestock services,
animal shelters, and facilities providing
pet adoption, grooming, daycare, or boarding services;
k. Media services including television, radio, and newspaper operations;
l. Automobile repair facilities, bike repair facilities, and retailers who generate the majority of their revenue from the sale of automobile or bicycle repair products.
Contactless car washes,
which are those
that do not require person-to-person interaction between customers and employees, are permitted to operate;
m. Hardware stores and self-storage facilities;
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, wineries, 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.
(2) "Individuals" means natural
persons.
(3) "Gathering" means any
grouping together of individuals in a single connected location.
"Mass gathering" means
any public gathering, private gathering, organized event, ceremony, or other grouping
that brings together
five (5) or more individuals in a single room or connected
space, confined outdoor
space or an open outdoor
space.
(4) "Mass gathering"
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.
(5) "Houses of worship" means any church,
synagogue, mosque, or other gathering
space where persons
congregate to exercise
their religious beliefs.
(6) "Close-contact business" includes
barbershops, adult entertainment venues, hair salons,
tattoo parlors, nail salons, spas, massage parlors,
esthetician clinics, tanning salons, guided raft tours,
guided balloon tours, gyms, and personal training
services.
(7) "Recreational facilities" include movie theaters,
swimming pools, museums,
bowling alleys, miniature golf, arcades, amusement
parks, concert venues,
performance venues, go-kart courses, indoor shopping malls, and other places of indoor recreation or indoor entertainment.
(8) "COVID-Safe Practices" ("CSP") 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". That document may be obtained
at the following link https://cv.mnhealth.org/covid safe-practices/.
(9) "Places of lodging" means all hotels, motels,
RV parks, co-located short term condominium rentals with a central check-in
desk, and sho1t-term
vacation rentals.
(10) "Retail space" means any essential business that sells goods or services directly
to consumers or end-users such as grocery
stores or hardware
stores and includes
the essential businesses identified in the categories above: l(d), 1(1), l (m), l(p), and l(s).
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 fo1th in the New Mexico Public Health Act.
(2) "Essential businesses" must operate in accordance with the pertinent
"COVID-Safe Practices (CSPs)" section(s) of the "All
Together New Mexico:
COVID-Safe Practices for Individuals and Employers".
(3) "Close-contact businesses" and "recreational facilities" must remain closed.
(4) Any business
that is not identified as an "essential business", a "close-contact business", or a "recreational facility" 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. Businesses identified as a "retail space" may operate 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. Any business opening pursuant to this provision must comply with the pertinent CSP's set out in the "All Together New Mexico: COVID-Safe
Practices for Individuals and Employers". If customers are waiting outside
of a business, the business
must take reasonable measures to ensure that customers
maintain a distance
of at least six-feet from other individuals and avoid person-to-person contact.
(5) "Houses of worship" may hold services
and other functions provided that they comply with the "COVID-Safe Practices (CSPs) for Houses of Worship" section
of the "All Together New Mexico: COVID-Safe Practices for Individuals and Employers". Further, "houses of worship" may not exceed 25% of the maximum
occupancy of any enclosed building, as determined by the relevant
fire marshal or fire department. Nothing in this order is intended
to preclude these faith-based institutions from holding services through
audiovisual means.
(6) "Places of lodging" shall not operate at more than 25% 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 pmposes of a quarantine
or isolation period shall not be counted for purposes
of determining maximum occupancy. Further,
short-term vacation rentals shall limit guests
to New Mexico
residents only.
(7) Unless a healthcare provider
instructs otherwise, all individuals shall wear a mask or multilayer cloth face covering
in public settings except when eating, drinking,
or exercising. Further,
all individuals should comply with the "COVID-Safe Practices (CSPs) for All New Mexicans" section of the "All Together New Mexico:
COVID Safe Practices
for Individuals and Employers".
(8) All casinos shall close during the pendency of this
Order. This directive excludes those casinos operating on Tribal
lands. Horse racing facilities may operate without spectators.
(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) Golf courses may open for golf only and provided that they operate in
accordance with the pertinent "All Together
New Mexico: COVID-Safe Practices for Individuals and Businesses".
(11) Outdoor tennis facilities may open for outdoor use only and provided that they operate in accordance with the pertinent "All Together
New Mexico: COVID-Safe
Practices
for Individuals and Businesses''.
(12) State parks may open on a modified basis
and subject to staff availability. They may only be open for
day use. Camping areas, visitor centers, and any
other large enclosed indoor spaces normally open to the public shall remain closed.
(13) Summer youth programs
may operate on a limited
basis that complies
with the pertinent CSP's set out in the "All Together New Mexico: COVID-Safe Practices
for Individuals and Employers".
(14) 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.
(15) 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 f01mula,
diapers, sanitary care products, and hygiene products
to three items per individual. NMSA 1978, § 12-IOA-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 May 31, 2020. This Order shall be effective in all counties
of New Mexico except for Cibola County, McKinley County,
and San Juan County. Cibola County, McKinley County, and San Juan County are subject to the terms of the May
5, 2020 Public Health Emergency Order through May 31, 2020.
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
15TH DAY OF MAY 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