New Mexico Register / Volume XXXI,
Issue 18 / September 29, 2020
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT OF HEALTH
CABINET SECRETARY KATHYLEEN M. KUNKEL
SEPTEMBER 3, 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, April 30, 2020, May 5, 2020, May 15, 2020, May 27,
2020, June 1, 2020,
June 12, 2020, June 15, 2020,
June 30, 2020, July 13, 2020, July 30,
2020, and August 28, 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 20 19 ("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. While this Order continues some
loosened 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 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
na1rnwly 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of rescinded: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 August 28, 2020 Public Health
Emergency Order Amending the March 23, 2020, April 6, 2020, April 11, 2020,
April 30, 2020, May 5, 2020, May 15, 2020, May 27, 2020, June 1, 2020, June 12,
2020, June 15, 2020, June 30, 2020, July 13, 2020, and July 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
September 18, 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 over 24,900 and
confirmed cases in the United States have risen to more than 5.8 million, with
significant recent spikes in cases in some of our neighboring states;
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-lOA-l 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, 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 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 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. 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;
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,
grooming, 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. Funeral homes,
crematoriums 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 business"
includes barbershops, hair salons, gyms, group fitness classes, tattoo parlors,
nail salons, spas, massage parlors, esthetician clinics, tanning salons, guided
raft tours, guided balloon tours, and personal training services.
(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, §
60-6A-26.l (2019); "distillers" are those businesses licensed
pursuant to NMSA 1978, § 60-6A-1 (2019); and "wineries" are those
businesses licensed pursuant to NMSA 1978, § 60-A-11 (2019).
(3) "Houses of worship" means any church, synagogue,
mosque, or other gathering space where persons congregate to exercise their
religious beliefs
(4) "Close-contact recreational
facilities" include indoor movie
theaters, indoor museums with interactive displays or exhibits and other
similar venues, bowling alleys, miniature golf, arcades, amusement parks,
aquariums, casinos, concert venues, 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.
(5) "Outdoor recreational
facilities" include outdoor golf
courses, public swimming pools, outdoor tennis courts, summer youth programs,
youth livestock shows, horseracing tracks, botanical gardens, outdoor zoos, and
New Mexico state parks.
(6) "Places of lodging" means
all hotels, motels, RV parks, and short-term vacation rentals.
(7) "Retail space" means any
business that sells goods or services directly to consumers or end-users and
includes the following "essential businesses" identified in the
categories above: l(d), (l)k, ( l)m, and
(l)n.
(8) "Mass gathering" means any
public gathering, private gathering, organized event, ceremony, parade,
organized amateur contact spo1t, or other grouping that brings together more
than ten (I 0) individuals in a single room or com1ected space, confined
outdoor space or an open outdoor space. "Mass gathering" does not
include the presence more than ten (10) 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.
(9) "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''. That document may be obtained at the following
link https://cv.nmhealth.org/covid safe-practices/.
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 forth in the Public Health Act. An indoor or
outdoor parade of any sort is a mass gathering; parades are therefore
prohibited under this Order.
(2) "Essential businesses" may
open but must comply with the pertinent "COVID-Safe Practices (CSPs)"
section(s) of the "All Together New Mexico: COVID-Safe Practices for
Individuals and Employers" and any identified occupancy restrictions. "Essential businesses" identified
as a "retail space" may 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. Further, an "essential business"
identified as a "retail space" may not allow a person who is without
a mask or multilayer cloth face covering to enter the premises except where that
person in in possession of a written exemption from a healthcare provider.
(3) "Close contact businesses" may operate at up to
25% of the maximum occupancy of any enclosed space on the business's premises,
as determined by the relevant fire marshal or fire department.
(4) "Close-contact recreational facilities" must
remain closed.
(5) "Food and drink establishments" may provide
dine-in service, but they may not exceed more than 25% occupancy of the maximum
occupancy in any enclosed space on the premises, as determined by the relevant
fire marshal or fire department. "Food and drink establishments"
choosing to provide indoor dining must ensure that there is at least six feet
of distance between tables. No more than six patrons may be seated at any
single table. No bar our counter seating is permitted. Dine-in services shall be provided only to
patrons who are seated at table, and patrons may not consume food or beverage
while standing. "Food and drink establishments" may also provide
dine-in service in outdoor seating areas up to 75% occupancy, where applicable.
Tables in outdoor seating areas 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. No bar or
counter seating is permitted. "Food and drink establishments" may
provide carryout service, or delivery service if otherwise permitted by law.
(6) "Houses of worship" may hold services and other
functions, indoors or outdoors, or provide services through audiovisual means.
"Houses of worship" may not exceed 40% of the maximum occupancy of
any enclosed building, as determined by the relevant fire marshal or fire
department.
(7) "Outdoor recreational facilities" may operate
provided they comply with the pertinent "All Together New Mexico:
COVID-Safe Practices for Individuals and Businesses." Further, state parks
shall only be open to New Mexico residents and may open for day use only.
Camping areas, 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. In addition, public
swimming pools are limited to lane-swimming and lessons only. Play and splash
areas shall be closed. Horseracing tracks may not allow spectators.
(8) "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 50% of maximum occupancy. Healthcare providers who are
engaged in the provision of care to New Mexico residents or individuals
utilizing "places of lodging" for extended stays, as temporary
housing, or for purposes of quarm1tining shall not be counted for purposes of
determining maximum occupancy.
(9) Any business that is not identified as an "essential
business", "close contact business", "food and drink
establishment", "house of worship", "close-contact
recreational facility", "outdoor recreational facility", or
"place of lodging" 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.
(I0) Any entity, including businesses and
houses of worship, operating pursuant to this public health order must comply
with the pertinent "COVID-Safe Practices (CSPs)" section(s) of the
"All Together New Mexico: COVID-Safe Practices for Individuals and
Employers" and also any identified occupancy restrictions.
(11) Private educational institutions
serving children and young adults from
preKindergarten 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."
(12) 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 shall not
satisfy this requirement.
(13) 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.
(14) 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-lOA-6 (2012).
I FURTHER DIRECT as follows:
(1) This Public Health Order shall be broadly
disseminated in English, Spanish and other appropriate languages to the
citizens of the State of New Mexico.
(2) This Public Health 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 Public Health Order
is intended to restrain or preempt local authorities from enacting more
stringent restrictions than those required by the Order.
(4) This Public Health Order shall take effect on September 4,
2020 and remain in effect through October 2, 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.
ATTEST:
DONE AT THE EXECUTIVE OFFICE
THIS 3RD DAY OF
SEPTEMBER 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