New Mexico Register / Volume XXXI,
Issue 21 / November 10, 2020
EXECUTIVE ORDER
2020-075
FOURTH AMENDED ORDER DIRECTING INDIVIDUALS TRAVELING TO NEW MEXICO 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 Declaring 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 effo1is
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. Because some
individuals infected with COVID-19 are asymptomatic or have very mild symptoms,
travelers may be unaware they are carrying the virus. For this reason, persons
arriving in New Mexico from out of state 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, § 12-10-10(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-l0A-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. The terms "self-isolate" or
"self-quarantine" refer to 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 non-household members into
the residence or place of lodging except for individuals designated by the New
Mexico Department of Health, or individuals providing medical care or emergency
response. Any other persons visiting the
residence or place of lodging of an isolated or quarantined person 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.
2. I direct all persons who have arrived in New Mexico from
a state with a positive test rate higher than 80 per 1,000,000 residents or a
test positivity rate greater than or equal to 5%, over a seven-day rolling
average, or from outside the United States 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.
3. All persons entering New Mexico from a state with a
positive test rate lower than 80 per 1,000,000 residents, and a test positivity
rate lower than 5%, over a seven-day rolling average, are advised to
self-isolate or self-quarantine. New Mexico residents are further advised that
they should be tested for COVID-19 within 5 to 7 days after their return to New
Mexico from one of these states.
4. Any New Mexico state employee who vacations in another
state and is required to self-quarantine upon reentering New Mexico will not be
eligible for the paid leave provided by the Families First Coronavirus Response
Act.
5. 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 and their dependents; federal employees;
those employed by a federal agency or national defense contractor; emergency
first responders; health care workers; New Mexico residents who have left the
State to obtain medical care; New Mexico residents who have left the State for
less than twenty-four hours for matters attendant to parenting responsibilities;
minor children who visit or live part-time with a parent residing in a
neighboring state; New Mexico residents who attend or work in an elementary,
middle school, or high school in a neighboring state; non-New Mexico residents
who commute into New Mexico to attend or work in an elementary, middle, or high
school; persons arriving in the State pursuant to a Court order, persons who
are employed or contracted by an "essential business," as defined by
the operative public health order addressing mass gathering restrictions and
business closures. Notwithstanding the
foregoing, any person who leaves or enters the State for maters unrelated to
their employment, military service, medical care, parenting responsibilities,
out-of-state parental visitation, education, or Court order shall self-quarantine
upon arriving or returning to this State.
6. 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.
7. The New Mexico Department of Health may issue additional
protocols for circumstances involving "essential businesses," as
defined by the Department of Health's Public Health Orders.
8. The New Mexico Department of Health shall, 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 c1iminal 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.
9. I further direct the New Mexico Department of Health to
post all information necessary to implement the directives in this order on its
website.
This
Order supersedes any previous orders, proclamation s, or directives in
conflict. This Executive Order shall take effect on October 29, 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
29TH DAY OF OCTOMBER 2020
/ S
/ / S
/
MAGGIE
TOULOUSE OLIVER WITNESS
MY HAND AND THE GREAT
SECRETARY
OF STATE SEAL OF THE STATE OF NEW MEXICO
MICHELLE
LUJAN GRISHAM GOVERNOR