New Mexico Register / Volume XXXI,
Issue 11 / June 9, 2020
AMENDED ORDER DIRECTING
INDIVIDU ALS TRAVELING
TO NEW MEXICO THROUGH AN AIRPORT TO SELF-ISOLATE OR SELF-QUARANTINE FOR A
LIMITED PERIOD AND DIRECTING THE NEW MEXICO DEPARTMENT OF HEALTH TO INITIATE LAWFUL ISOLATION
AND QUARANTINE PROCEEDINGS FOR INDIVIDUALS WHO DO NOT SELF-ISOLATE OR SELF-QUARANTINE
WHEREAS, on March 11, 2020, Executive Order 2020-004 declared a statewide public health emergency pursuant to the Public
Health Emergency Response
Act and invoked gubernatorial powers under the All Hazard Emergency Management Act. See Order Decla1ing A State of Public Health
Emergency and Invoking the Powers Provided
by the All Hazard
Emergency Management Act and the Emergency Licensing Act, Executive Order 2020-004. That Order is incorporated by reference herein.
WHEREAS,
despite the best efforts
of our State and local governments and the citizens of New Mexico, COVID-19 has continued to spread
and ongoing
efforts are still necessary to mitigate and contain the spread
of COVID-19 ;
WHEREAS, many of the current
confirmed positive cases of COVID-19
in New Mexico have resulted from interstate and international travel to New Mexico
via airplane. Because
some individuals infected with COVID-19 are asymptomatic or have very mild symptoms, travelers may be unaware they are carrying the vims.
For this reason, persons
arriving in New Mexico's airports must self-isolate
for a period
of time sufficient to ensure that the public
health and safety is not jeopardized.
WHEREAS, the All Hazards Emergency
Management Act vests my office with the authority to take all actions necessary
to protect the public health, safety and welfare and to direct State agencies to provide
aid during an emergency response.
NMSA 1978, § 12-10-4(B)(3); NMSA 1978, § 12-10-IO(A).
WHEREAS, during a declared state of public health emergency, the Public Health Emergency Response
Act authorizes the New Mexico
Department of Health
to isolate or quarantine individuals or groups as necessary to prevent or limit the spread of a threatening communicable disease, subject
to certain statutory
procedures. See NMSA
1978, §§ 12-lOA-7 to -11.
THEREFORE, for the reasons set forth above, I, Michelle
Lujan Grisham, Governor
of the State of New Mexico, by virtue of the authority vested in me by the Constitution and laws of the State of New Mexico, hereby order and direct as follows:
1. I direct all persons whose travel to New Mexico
has gone through an airport
and whose point of departure
originates outside of New Mexico
to self-isolate or self-quarantine for a period of at least 14 days from the date of their
entry into the State of New Mexico or for the duration
of their presence in the State,
whichever is shorter.
2. The terms "self-isolate" or "self-quarantine" refer the voluntary
physical separation of a person or group of people in a residence or other place of lodging.
Any person who is self- isolating or self-quarantining may only leave a residence
or place of lodging to receive medical
care and should not allow others into the residence
or place of lodging except for those providing medical care,
emergency response, or other individuals designated by the New Mexico Department of Health. Family
or household members
may visit an isolated or quarantined person,
but those visitors
are directed to then self-isolate or self-quarantine for a period
of no less than 14 days.
All
persons self-isolating or self-quarantining shall
be responsible for all costs associated with the isolation
or quarantine.
3. This Order's direction to self-quarantine does not apply to persons
employed by airlines, those performing public safety or public health
functions, military personnel, federal employees, those employed by a federal
agency or national
defense contractor, emergency
first responders, health
care workers, those arriving in the State pursuant to a Court order, and persons traveling
into New Mexico
to conduct business
activities.
4. Individuals who do not comply
with the self-isolation and self-quarantine directives set forth above shall be subject to involuntary isolation or quarantine by the New Mexico Department
of Health under the Public
Health Emergency Response
Act.
5. I further direct
the New Mexico Department of Health, with the cooperation and assistance of all other executive agencies,
to take all necessary steps to ensure the screening and appropriate isolation
and quarantine of individuals covered
by this Order. This will include making temporary holds
of individuals or groups, obtaining
court orders requiring
isolation or quarantine
in compliance with the provisions of the Public Health Emergency
Response Act, and imposing
any civil or criminal penalties warranted under the Public Health Emergency Response Act and the Public Health Act when individuals do not self-isolate or self-quarantine as required by this Order.
This Order supersedes any previous orders,
proclamations, or directives in conflict. This Executive Order shall take effect
on June 1, 2020 and shall remain
in effect through
the duration of the public
health emergency declared
in Executive Order 2020-004 and any
extensions of that emergency declaration or until it is rescinded.
ATTEST: DONE AT THE EXECUTIVE
OFFICE
THIS 1ST DAY OF JUNE 2020
MAGGIE TOULOUSE OLIVER WITNESS MY HAND AND
THE GREAT
SECRETARY OF STATE SEAL
OF THE STATE OF NEW MEXICO
MICHELLE LUJAN GRISHAM GOVERNOR