New Mexico Register / Volume XXXI,
Issue 17 / September 15, 2020
PUBLIC HEALTH
ORDER
NEW MEXICO
DEPARTMENT OF HEALTH
CABINET
SECRETARY KATHYLEEN M. KUNKEL
AUGUST 28,
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, 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
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
advis01ies issued by the Depa11ment 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Public Health Emergency and any subsequent renewals of that Public Health Emergency or until they are amended of rescinded: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 July 30, 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, and July 13, 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 emichment,
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 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-l (2019); and
"wineries" are those businesses licensed pursuant to NMSA 1978, §
60-A-l l (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. 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 sport, or other grouping that brings together more
than ten (10) 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 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.muhealth.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" 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
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 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 othe1wise, all
individuals shall wear a mask or multilayer cloth face covering in public
settings except when eating or drinking.
(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 August 29, 2020 and remain in effect through September 18,
2020.
ATTEST:
DONE AT THE EXECUTIVE OFFICE
THIS 28TH DAY OF AUGUST 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