New Mexico Register / Volume XXXI,
Issue 14 / July 28, 2020
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT OF HEALTH
CABINET SECRETARY
KATHYLEEN M. KUNKEL
JULY 13, 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,
and June 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 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of that Public Health Emergency or until they are amended of rescinded: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 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, 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 is hereby amended as follows:
ORDER
WHEREAS, on March
11, 2020, because of the spread of the novel Coronavirus Disease 20 19 ("COVID-1 9"), 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 almost 15,000 and confirmed cases in the United States have risen to more than 3. 1 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 resident s 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 - I 0, the Department of Health Act, NMSA 1978, Sections 9-7-1 to -18, and inherent constitutional pol ice 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 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. (8) (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) "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 fi e marshal or fire department, but may not
conduct group fi ness classes. All
individuals inside a "close contact business" must wear
face-coverings.
(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) Organized amateur contact sports are prohibited. For
purposes of this order, "contact sports" includes, inter alia,
football, wrestling, basketball, and soccer. This prohibition extends to adult
or youth recreational leagues and club sports, as well as any school-sponsored
or school-sanctioned leagues and teams. This prohibition should be broadly
construed and is intended to include organized practices and games and any
other in-person group activities.
(19) State parks may open on a modified basis and subject to
staff availability, and
shall only be open to New Mexico residents. 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. As a condition
of entering a stale 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.
(20) 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".
(21) 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.
(22) 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 importance
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 on July 13, 2020
and remain in effect
through July 30, 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 13TH DAY OF
JULY 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