New Mexico Register / Volume XXXI, Issue 10 / May 19, 2020
PUBLIC HEALTH
ORDER
NEW MEXICO
DEPARTMENT OF HEALTH CABINET SECRETARY KATHYLEEN M. KUNKEL
MAY 5, 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,
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
PREFACE
The purpose of
this amended Public Health Emergency Order is to further restrict business
operations and public gatherings to mitigate the spread of the Novel
Coronavirus Disease 2019 (“COVID-19”). We have reached a crucial juncture at
which stricter adherence to social distancing and self-isolation measures will
be necessary to protect the integrity of our health care system against the
potentially devastating effects that could result from a rapid increase in
COVID-19 cases in New Mexico. The bottom line is that 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of that Public Health Emergency or until they are amended of rescinded: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 Temporary Restrictions on Non-Essential Health Care
Services, Procedures, and Surgeries; and
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.
3. The April 11, 2020 Public Health Emergency Order
Amending the March 23, 2020 and April 6, 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, on April 6, 2020, Governor Michelle Lujan Grisham renewed the
declaration of a Public Health Emergency until April 30, 2020 due to the
continued spread of COVID-19 in New Mexico and on April 30, 2020, she again
renewed her declaration of a Public Health Emergency;
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
3,000 and confirmed cases in the United States have risen to more than
1,000,000;
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 gathe1ing;
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 12-10A-1 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 as invoked
through Executive Order 2020-004, 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 24-1-2(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) “Retail space” means an “essential business” that sells
good or services directly to consumers or end-users inside its place of
business, such as a grocery store or a hardware stores and includes the
“essential businesses” listed in the categories below: 2(d), 2(k), 2(m), 2(n),
2(s), 2(u), and 2(v).
(2) “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,
veterinary and livestock services, 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, 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;
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. 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. 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 bike repair products;
m. New and used automobile dealers may
sell cars through internet or other audiovisual means but they may not allow
customers in showrooms;
n. Hardware stores;
o. Laundromats and dry cleaner
services;
p. Utilities, including their
contractors, suppliers, and supportive operations, engaged in power generation,
fuel supply and transmission, water and wastewater supply;
q. Funeral homes, crematoriums and
cemeteries;
r. Banks, credit unions, insurance
providers, payroll services, brokerage services, and investment management
firms;
s. Real estate services including
brokers, title companies, and related services;
t. Businesses providing mailing and
shipping services, including post office boxes;
u. Laboratories and defense and
national security-related operations supporting the United States government, a
contractor to the United States government, or any federal entity;
v. Restaurants,
but only for delivery or carry out and local breweries or distillers but only
for carry out;
w. Professional services, such as legal
or accounting services, but only where necessary to assist in compliance with
legally mandated activities; and
x. Logistics, and also businesses that
store, transport, or deliver groceries, food, materials, goods or services
directly to residences, retailers, government institutions, or essential
businesses.
(4) “Individuals” means natural persons.
(5) “Gathering” means any grouping together of individuals in
a single connected location.
(6) “Mass gathering” means any public or private gathering
that brings together five (5) or more individuals in a single room or connected
space, confined outdoor space or an open outdoor space where individuals are
within six (6) feet of each other, but 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.
I HEREBY DIRECT AS FOLLOWS:
(1) All Mass Gatherings are hereby prohibited under the powers
and authority set forth in the New Mexico Public Health Act, and all
regulations promulgated pursuant thereto. This prohibition does not apply to
necessary operations of essential businesses.
Churches, synagogues, mosques, and all other houses of worship shall
adhere to this restriction, but nothing in this order is intended to preclude
these faith-based institutions from holding services through audiovisual means.
(2) All businesses, except those entities identified as
“essential businesses”, are hereby directed to reduce the in-person workforce
at each business or business location by 100%, except as provided herein. Retail businesses that are not “essential
businesses” may operate to the minimum extent necessary to provide curbside
pickup and/or delivery services to customers but only if they are legally
permitted to provide their services through pickup and/or delivery.
(3) “Essential businesses” may remain open provided they
minimize their operations and staff to the greatest extent possible. Further,
all essential businesses shall adhere to social distancing protocol and
maintain at least six-foot social distancing from other individuals, avoid
person-to-person contact, and direct employees to wash their hands frequently.
All essential businesses shall ensure that all surfaces are cleaned routinely.
(4) Beginning May 6, 2020, all “essential businesses”
operating as a “retail space” and having a building footprint greater than
50,000 square feet and/or operating as a restaurant shall ensure that all
employees are wearing face coverings or medical grade masks. Beginning May 11, 2020, all “essential
businesses” operating a “retail space” shall require their employees to wear
face coverings or medical grade masks.
This provision applies to all businesses in all New Mexico counties
including Cibola County, McKinley County, and San Juan County.
(5) This Order requires the closure of physical office spaces,
retail spaces, or other public spaces of a business and does not otherwise
restrict the conduct of business operations through telecommuting or otherwise
working from home in which an employee only interacts with clients or customers
remotely.
(6) The maximum number of customers allowed in a “retail
space” at any given time shall be equal to 20% of the maximum occupancy of the
retail space, as determined by the relevant fire marshal or fire
department. If customers are waiting
outside of a “retail space”, they must to do so in compliance with social
distancing protocols including the requirement that they maintain a distance of
at least six-feet from other individuals, avoid person-to-person contact.
(7) 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.
(8) Hotels, motels, RV parks, and other places of lodging
shall not operate at more than twenty-five 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 purposes of a
quarantine or isolation period shall not be counted for purposes of determining
maximum occupancy. Short-term vacation
rentals, apartments, and houses are not permitted to operate except to provide
housing to health care workers who reside out of state but are engaged in the
provision of care to New Mexico residents.
(9) All call centers situated in New Mexico are directed to
reduce their in-person workforce by 100%.
This includes any call center that is part of or supports an essential
business.
(10) Self-storage facilities should reduce operations to the
minimum number of employees necessary to ensure public access to storage units
and adequate security for storage units, including a 100% reduction in permanent
on-site workforce whenever possible.
(11) 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.
(12) Federally licensed firearm dealers may operate to the extent
necessary to conduct background checks and to allow individuals to take
possession of firearms that were ordered online or through other remote
means. They shall provide these services
by appointment only.
(13) Golf courses may open on a modified basis. They may be open for golf only and shall not
provide any dine-in or retail services.
They shall minimize staff and operations to the greatest extent possible
and follow all sanitation and social distancing protocols.
(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) All public and private employers are required to comply with
this Order and any instructions provided by State departments or agencies
regarding COVID-19.
(16) 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-I0A-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 15, 2020. This Order
shall be effective in all counties of New Mexico except for Cibola County,
McKinley County, and San Juan County. This
Order may be renewed consistent with any direction from the Governor.
(5) Unless otherwise specified, Cibola County, McKinley
County, and San Juan County remain subject to the terms of the April 11, 2020
Public Health Emergency Order through May 15, 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 5TH 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