New Mexico Register / Volume XXXI, Issue 21 / November 10,
2020
PUBLIC HEALTH
ORDER
NEW MEXICO
DEPARTMENT OF HEALTH
ACTING SECRETARY
BILLY J. JIMENEZ
OCTOBER 22, 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 gathe1ings and business operations, the core
directive underlying all prior public health initiatives remains intact; all New Mexicans should be staving 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 sac1ifices 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 currant 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of that Public Health Emergency or until they are amended of rescinded: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-Essential l 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. September 3, 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 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 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 prope1iy 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-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, 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-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. Groce1y 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, fe1iilizer,
pharmaceuticals, sanitary products, household paper products,
microelectronics/semi-conductor, primary metals manufacturers, electrical
equipment, appliance, and component manufacturers, and transpo1iation 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 businesses" include 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,
Section 60-6A-26.l; "distillers" are those businesses licensed
pursuant to NMSA 1978, Section 60-6A-l ; and "wineries" are those
businesses licensed pursuant to NMSA 1978, Section 60-A- l l.
(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, pe1formance 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 corn 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
(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 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/.
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 pe1tinent "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" must close by 10:00 p.m.
and must remain closed until at least 4:00 a.m. 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. In order to provide any indoor dining
after October 30, 2020, "food and drink establishments" must complete
the NM Safe Ce1tified 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. All "food and drink establishments," regardless of
noncompliance with the NM Safe Certified requirements, may provide service in
outdoor seating areas up to 75% occupancy, where applicable. In all instances,
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 for in-person service by I 0:00 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.
(6) "Houses of worship" may hold religious services,
indoors or outdoors, or provide services through audiovisual means, but may not
be used as a venue for non-religious events. "Houses of worship" may
not exceed 40% of the maximum occupancy of any enclosed building, as dete1mined
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://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. 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 pU1poses 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 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 pre Kindergarten through 121h 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, § 12-10A-6.
(15) Any "food and drink establishment,"
"close-contact business," "place of lodging," "retail
space," or other business that poses a significant public health risk, as
determined by the Department of Health, must close for a period of two weeks 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, a "retail space" may
be permitted to continue operating if the Department of Health, after
consultation with the Environment Department, determines that the business is a
necessary provider of goods or services within the community in light of
geographic considerations.
(16) All state-run museums must close.
I FURTHER DIRECT as follows:
(l) 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 faith 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 23,
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 22ND 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