New Mexico Register / Volume XXXII,
Issue 17 / September 14, 2021
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT OF HEALTH
CABINET SECRETARY DR. DAVID R. SCRASE, M.D.
AUGUST 22, 2021
Amended Public Health Order directing State, Local, and Tribal agency personnel
to
Develop a Temporary Quarantine and Isolation Program utilizing
Non-Congregate
settings, including Hotels, College and University Dormitories, and other
appropriate sites
to House First Responders, homeless individuals and other At-Risk Persons
as Identified
by the New Mexico Department of Health
PREFACE
The
purpose of this Public Health Emergency Order is to officially authorize and promote the use of
non-congregate settings throughout the state for temporary quarantine and
isolation when deemed appropriate for fire fighters, law enforcement, medical
personnel, ambulance and emergency medical response personnel, public safety
personnel, homeless individuals, victims of domestic violence, and other
at-risk persons as identified by the New Mexico Department of Health
(“NMDOH”). It is necessary to provide
safe placements for these at-risk individuals to temporarily quarantine and
isolate for the safety of the individuals and the safety of all New Mexicans.
ORDER
WHEREAS, on March 11, 2020, Michelle Lujan Grisham, the Governor of
the State of New Mexico, declared in Executive Order 2020-004 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, on August 16, 2021,
Governor Michelle Lujan Grisham renewed the declaration of a Public Health
Emergency, through Executive Order 2020-049, due to the continued spread of
COVID-19 in New Mexico;
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, 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
more than 227,000 and cases in the United States have increased from 1,000
confirmed cases to over 38,000,000 confirmed cases;
WHEREAS, New Mexico’s first responders continue their heroic work
to provide emergency services and response to the COVID-19 emergency while
following established guidance to prevent spread of the infection. However, their
response work often put these persons at a higher risk of COVID-19 infection;
WHEREAS, despite best efforts to implement the above practices and
other NMDOH orders, Medical Personnel, Emergency Responders, Emergency
Operations Center(s) personnel, public health workers, and other persons have
become persons under investigation for COVID-19 and have tested positive to
COVID-19. These individuals need to be temporarily quarantined or isolated to
prevent the spread the virus. Often, this temporary quarantine cannot be
provided at their homes due to a heightened risk of spreading COVID-19 to their
families or communities. In addition, some first responders’ response efforts
involve a high risk of exposure due to their public service duties, though
those responders may not know if they have had a positive exposure to COVID-19;
WHEREAS, other individuals in New Mexico who are persons under
investigation for COVID-19, or who have tested positive for COVID-19 may not
have a safe place to temporarily quarantine or isolate due to a variety of
circumstances including homelessness and domestic violence;
WHEREAS, persons who have adverse exposure to the virus are being
treated and supervised by local medical operations throughout the State. NMDOH
has already taken proactive actions to engage and/or contract hotels and other
facilities to assist in this non-congregate sheltering effort to stop the
spread of the virus;
WHEREAS, on May 1, 2020, then Secretary of NMDOH, Kathyleen M.
Kunkel, signed a Public Health Order declaring the need for non-congregate
sheltering in the state and directing the Department of Homeland Security
Emergency Management (“DHSEM”) to submit a statewide non-congregate sheltering
request letter to the Federal Emergency Management Administration
(“FEMA”). The original order was
extended through August 22, 2021. This
order renews that same request for another 30 days.
NOW, THEREFORE, I, Dr. David R. Scrase, Acting 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 as invoked through Executive Order 2020-004,
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.
I
HEREBY DIRECT AS FOLLOWS:
(1) All public responder, State, Local, and Tribal agency
personnel shall coordinate with the NMDOH to organize “non-congregate
sheltering” to stop the spread of COVID-19.
The non-congregate sheltering will occur at the direction of State,
Local, or Tribal officials with the direction of the NMDOH.
(2) The State, Local and Tribal agencies will coordinate with
the DOH to receive guidance and direction for the needs to temporarily
quarantine or isolate designated first responders. This may include first responders who are
awaiting confirmation of a test or are in positions of likely exposure who do
not want to infect their families.
Additional coordination and guidance may be necessary to determine the
circumstances and duration of the isolation.
The activities must follow DOH guidance, documentation, and tracking
procedures.
(3) The target populations for this order are firefighters,
law enforcement, medical personnel, ambulance and emergency medical response
personnel, homeless, domestic violence victims, and other highly at-risk
persons as identified and approved by NMDOH.
This is usually for individuals who have tested positive for COVID-19 or
have been documented as exposed to positive COVID-19 persons in the course of
their duties and do not require medical care.
All individuals temporarily quarantined under this order must meet the
health and safety requirements for placement as determined by NMDOH. Alternate medical care sites and temporary
hospitals are not considered non-congregate sheltering. This non-congregate sheltering must not
duplicate the services provided by another federal agency.
(4) In addition, I direct NMDOH and DHSEM officials to develop
a statewide noncongregate sheltering request letter to FEMA to seek
reimbursement for expenses of non-congregate sheltering, so that State
agencies, local jurisdictions, and Tribes, are coordinated on the needs for
this program. This statewide effort will
reduce the burden on State, Local and Tribal jurisdictions to independently
develop approval for noncongregate sheltering.
I
FURTHER DIRECT as follows:
(1) This statewide order does not
preclude Local or Tribal jurisdictions from developing their own public health
orders and submitting them for FEMA approval, but such actions will not be the
responsibility of nor be fiscally covered by the State of New Mexico.
(2) This Order shall be broadly
disseminated in English, Spanish and other appropriate languages to the
citizens of the State of New Mexico.
(3) This Order shall take effect immediately and remain in
effect through August 22, 2021 and shall extend until September 22, 2021.
THIS ORDER supersedes any other previous orders, proclamations, or
directives in conflict. This Order shall take effect immediately and shall
remain in effect until otherwise rescinded.
ATTEST: DONE AT SANTA FE, NEW MEXICO
THIS 22nd DAY OF AUGUST 2021
/
S /
DAVID R. SCRASE, M.D.
ACTING SECRETARY OF THE NEW
MEXICO DEPARTMENT OF HEALTH