New Mexico Register / Volume XXXI,
Issue 13 / July 14, 2020
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT
OF HEALTH
CABINET SECRETARY KATHYLEEN
M. KUNKEL
JUNE 30, 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, and June 15, 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 should strictly adhere to social distancing protocol s 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 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renewals of that Public Health Emergency or until they are amended of rescinded: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 June 15, 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, and June 12, 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 July 30, 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 approximately 12,000 and confirmed cases
in the United States have risen to more than 2.5 million;
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
12-1OA-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, 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) "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, intennediate 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 necessary to provide services
to those workers employed by essential businesses, essential non-profit entities,
and other operating non-essential businesses;
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. Veterinary and livestock
services, animal shelters,
and 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. Contactless car washes,
which are those that do not
require person-to-person interaction between customers and employees,
are permitted to operate;
m. Hardware stores
and self-storage facilities;
n. Laundromats and dry cleaner
services;
o. Utilities, including
their contractors, suppliers, and supportive operations, engaged in power generation, fuel supply and transmission, water
and wastewater supply;
p. Funeral homes,
crematoriums and cemeteries;
q. Banks, credit unions, insurance providers, payroll services,
brokerage services, and investment management firms;
r. Real estate services including
brokers, title companies, and related services;
s. Businesses providing
mailing and shipping
services, including post office boxes;
t. Laboratories and defense and national security-related operations supporting the United
States government, a contractor to the United States
government, or any federal entity;
u. "Restaurants" are those operations that generated at least 50% of their sales from dine-in services from the sale of food during the last calendar
year. Sales made to customers for off-site consumption such as the sale of growlers, wholesale revenues, and to-go items are excluded
from this calculation. "Local breweries" are those businesses
licensed pursuant to NMSA
1978, § 60-6A-26. l. Restaurants and local breweries may provide dine-in service,
but they may not exceed
50% occupancy of the maximum occupancy of any enclosed
space on their premises, as determined by the
relevant fire marshal or fire department. Restaurants and local breweries choosing to open 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 or counter
seating is permitted. Dine-in services shall be
provided only to patrons who are seated
at tables, and patrons may not
consume food or beverages while
standing. Restaurants and local
breweries must operate in compliance with applicable occupancy restrictions and COVID-Safe Practices (CSPs) for Restaurants" section of the "All Together
New Mexico: COVID-Safe Practices for Individuals and Employers". Local wineries and distillers may operate but only for carry out service.
v. Professional services, such as legal or accounting services,
but only where necessary to assist in compliance with legally mandated
activities; and
w. 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) "Individuals"
means natural persons.
(3) "Gathering" means any
grouping
together
of
individuals
in
a
single
connected location.
(4) "Mass gathering" means any public
gathering, private gathering, organized event,
ceremony, parade, or other grouping
that brings together
five (5) or more
individuals in a single room or connected
space, confined outdoor
space or an open outdoor space. "Mass gathering" 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.
(5) "Houses of worship" means any church,
synagogue, mosque, or other
gathering space where
persons congregate to exercise their
religious beliefs.
(6) "Close-contact business" includes
barbershops, hair salons, tattoo parlors,
nail salons, spas, massage parlors, esthetician clinics, tanning salons, guided raft tours, guided balloon tours, gyms, and personal training
services for up to two trainees.
(7) "Recreational facilities" include
indoor movie theaters,
museums, bowling alleys, miniature
golf, arcades, amusement
parks, concert venues,
event venues, performance venues, go-kart
courses, adult entertainment venues, and other places of indoor recreation or indoor entertainment. Recreational facilities do not include those venues being utilized
for governmental functions.
(8) "Bars" are defined as food and
beverage service establishments that derived more than 50% of their revenue
in the prior calendar year from the sale of alcoholic
beverages. Bars must remain
closed during the pendency of this Public
Health Order.
(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/.
(10) "Places of lodging" means all hotels, motels, RV parks, co-located short- term condominium rentals with a central
check-in desk, and short-term vacation
rentals.
(11) "Retail space" means any essential
business that sells
goods or services directly to consumers or end-users such as grocery stores or hardware stores and includes
the essential businesses identified in the categories above: l(d), 1(1), l(m), l(p), and l (s).
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) "Houses of worship" may hold services
and other functions provided that they
comply with the "COVID-Safe Practices (CSPs) for Houses of Worship" section
of the "All Together New Mexico: COVID-Safe
Practices for Individuals and Employers". Further,
"houses of worship" may not exceed 25% of the maximum occupancy of any enclosed
building, as determined by the relevant
fire marshal or fire
department. Nothing in this order is intended
to preclude these faith-based
institutions from holding
services through audiovisual means.
(3) Essential businesses" may open but must operate
in accordance 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.
(4) "Recreational facilities" must remain closed.
(5) Any business that is not identified as an "essential business" or a "recreational facility" 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.
(6) Businesses identified as a "retail space" may operate 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. Any business opening
pursuant to this provision must comply with the pertinent
CSP's set out in the "All Together New Mexico: COVID-Safe
Practices for Individuals and Employers". 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.
(7) Indoor shopping malls are permitted to operate provided that the total number of
persons within the mall at any given time does not exceed 25% of the maximum occupancy of the premises,
as determined by the relevant
fire marshal or fire
department. Further, loitering
within the indoor shopping mall is not permitted and food courts must remain closed.
(8) Gyms and similar
exercise facilities may operate at up to 50% of the maximum occupancy of any enclosed
space on the business's premises, as determined by the
relevant fire marshal or fire department, but may not conduct group fitness classes.
(9) Public swimming pools may open but such facilities are limited to lane-swimming
and lessons with up to two students
only. Play and splash areas shall be closed. Public swimming pools may not exceed 50% of their maximum
occupancy.
(10) If customers are waiting outside
of a business, the business
must take reasonable measures to ensure that customers maintain
a distance of at least six-feet from other
individuals and avoid person-to-person contact.
(11) Bars are not permitted to operate other than for take-out and delivery if otherwise
permitted under their applicable licenses.
(12) "Places of lodging" shall not operate
at more than 50% 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. All places of lodging
should comply with the "COVID-Safe Practices (CSPs) for Hotels, Resorts,
& Lodging" section of the "All Together
New Mexico:
COVID-Safe Practices
for Individuals and Employers''. In the case of vacation
rentals, occupancy shall be
determined based upon the number
properties managed by a property
manager.
(13) Unless a healthcare provider instructs otherwise, all individuals shall wear a mask
or multilayer cloth face covering
in public settings
except when eating,
drinking, or exercising. Further,
all individuals should comply with the "COVID-Safe Practices (CSPs) for All New Mexicans" section of the "All Together
New Mexico: COVID Safe Practices for Individuals and Employers".
(14) 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.
(15) 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.
(16) Golf courses may open provided
that they operate
in accordance with the
"COVID-Safe Practices
(CSPs) for Golf Course" section
of the "All Together New Mexico: COVID-Safe Practices for Individuals and Employers".". Restaurants and other golf course concessions must adhere to operative CSP's.
(17) Outdoor tennis facilities
may open for outdoor use only and provided that they
operate in accordance with the pertinent "All
Together New Mexico:
COVID-Safe Practices for Individuals and Businesses".
(18) State parks may open on a modified
basis and subject to staff availability. They may
only be open for day use. Camping
areas, visitor centers,
and any other large enclosed indoor
spaces normally open to the public shall
remain closed.
(19) Summer youth programs
may operate on a limited
basis that complies
with the pertinent CSP's set out in the "All
Together New Mexico: COVID-Safe Practices
for Individuals and Employers".
(20) 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.
(21) 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-IOA-
6 (2012).
I FURTHER DIRECT as follows:
(1) This Order shall be broadly disseminated in English, Spanish and other approp1iate 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 irnp01iance shall not abrogate any disease-repo1iing 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 July 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.
ATTEST:
DONE AT THE EXECUTIVE OFFICE
THIS 30TH DAY OF JUNE 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