New Mexico Register / Volume XXXI,
Issue 20 / October 27, 2020
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT OF HEALTH
ACTING SECRETARY BILLY J. JIMENEZ
OCTOBER 16, 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
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. 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 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and any subsequent renewals of that Public Health Emergency or until they are amended of rescinded: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 September 3, 2020 Public Health Emergency Order
Amending prior 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
November 13, 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 34,000
and confirmed cases in the United States have risen to more than 7.8 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, Billy J.
Jimenez, Acting 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
24-1-2(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 othe1wise:
(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 cairned 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, bowling alleys, ice skating rinks, 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-l (2019); and "wineries" am those
businesses licensed pursuant to NMSA 1978, § 60-A-1 l (2019).
(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,
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.
(6) "Outdoor recreational facilities" include
outdoor golf courses, public swimming pools, outdoor tennis courts, youth
programs, youth livestock shows, u-pick produce operations and com mazes,
horseracing tracks, botanical gardens, outdoor zoos, and New
Mexico state parks.
(7) "Places of lodging" means
all hotels, motels, RV parks, and short-term vacation rentals.
(8) "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.
(9) "Mass gathering" means any public gathering,
private gathering, organized event, ceremony, parade, organized amateur contact
sport, or other grouping that brings together more than five (5) individuals in
a single room or connected space, confined outdoor space or an open outdoor
space. "Mass gathering" does not include the presence more than five
(5) 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 m1d 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.nnmealth.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 is 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. Bowling alleys
may open for league play only and must adhere to occupancy restrictions and all
applicable CSP's including wearing masks. Ice skating rinks may operate for
athletic training and practice by reservation only.
(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. Any food and drink establishment that is
permitted to serve alcohol must close by 10:00 p.m.
(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.
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. In
addition, public swimming pools are limited to the concurrent use of not more
than ten (10) persons. 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 60% of maximum occupancy. All other
"places of lodging" shall not operate at more than 25% 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 quarantining 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.
(10) Any entity, including businesses and houses of worship,
operating pursuant to this public health order must comply with the pe1tinent
"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 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."
(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 October 16, 2020 and
remain in effect through November 13, 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 16TH DAY OF OCTOBER 2020
/
S /
WITNESS MY HAND
AND THE GREAT
MAGGIE TOULOUSE
OLIVER
SEAL OF THE STATE OF NEW MEXICO
SECRETARY OF
STATE
/ S /
BILLY J. JIMENEZ
ACTING CABINET SECRETARY OF THE
STATE OF NEW MEXICO DEPARTMENT OF
HEALTH