New Mexico Register / Volume XXXII,
Issue 5 / March 9, 2021
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT OF HEALTH
SECRETARY-TRACIE C. COLLINS, M.D.
FEBUARY 26, 2021
Public Health Emergency Order Implementing Administration
Requirements for all COVID-19 Vaccine Providers and Requiring Accurate
Information
be Provided by Individuals Registering to Receive the COVID-19 Vaccine
WHEREAS, on January 30, 2020, the World Health Organization
announced the emergence of a novel Coronavirus Disease 2019 ("COVID-19
") that had not previously circulated in humans, but has been found to
have adopted to humans such that it is contagious and easily spread from one
person to another and one country to another;
WHEREAS, COVID-19 has been confirmed in New Mexico since March 11,
2020, when the New Mexico Derailment of Health confirmed the first cases of
individuals infected with COVID-19 in New Mexico and additional cases have been
confirmed each day since then;
WHEREAS, on March 11, 2020, because of the spread of COVID-19 ,
Michelle Lujan Grisham, the Governor of the State of New Mexico, issued
Executive Order 2020-004 declaring that a Public Health Emergency exists in New
Mexico under the Public Health Emergency Response Act, and invoking her
authority under the All Hazards Emergency Management Act;
WHEREAS, Governor Michelle Lujan G1isham has renewed the
declaration of a Public Health Emergency through March 5, 2021;
WHEREAS, the further spread of COVID-19 in the State of New Mexico
poses a threat to the health, safety, and wellbeing of 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, in the effort to stop further spread of COVID-19, the
State, through the New Mexico Department of Health, has begun to distribute COVID-19
Vaccine (the Vaccine) to medical providers for administration to specific
populations by phase;
WHEREAS, New Mexico has prioritized vaccine allocation consistent
with the Centers for Disease Control and Prevention (CDC) phases, adapting
those phases where necessary to protect New Mexican residents as effectively as
possible. The states vaccination
distribution plan aims to ensure the continuing functioning of the health care
system and essential services in the community, and protect people at increased
risk for severe COVID 19-related illness.
WHEREAS, it is essential that medical providers, including
physicians, nurses, pharmacists, nurse practitioners, physicians assistants
and other health care providers authorized by the New Mexico Department of
Health (collectively, Vaccine Providers) to receive doses of the Vaccine,
oversee administration of the Vaccine, and follow the phases outlined in the
current Vaccine Allocation Plan in their administration of the Vaccine;
WHEREAS, the New Mexico Department of Health possess legal
authority pursuant to the Public Health Act, NMSA, 1978, Sections 24-1-1 to -40
the Public Health Emergency Response Act, NMSA 1978, 12-10A-1 to -19, 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,
NOW, THEREFORE, I, Tracie C. Collins,
M.D., 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 that is it necessary that Vaccine Providers administer the vaccine
following the phased administration approach outlined in this Order so as to
respond to the instant public health emergency, to ensure the quality and
accessibility of health care services and the provision of health care when
healthcare is unavailable or in limited supply, and to ensure a competent
public health workforce pursuant to NMSA 1978, Section 24-1-3.
I ORDER
and DIRECT as follows:
(1) All Vaccine Providers who administer
the Vaccine in the state must administer the Vaccine to eligible individuals
based on the appropriate phase of the most current Vaccine Allocation Plan, as
published by the New Mexico Department of Health.
(2) If the Vaccine Provider has Vaccine
doses remaining that, if not administered would otherwise go to waste, the
Vaccine Provider must document the circumstances leading to the excess
Vaccine. The Vaccine Provider must then
attempt to contact the next eligible individual to receive the Vaccine before
it expires and document such attempts.
If no eligible individual is available to receive the Vaccine before it
expires, the Vaccine Provider may administer the Vaccine to an individual who
is outside of the current Vaccine allocation phase.
(3) All persons registering on the
Vaccine Registration System to receive the Vaccine or providing information
directly to a Vaccine Provider for the purpose of receiving the Vaccine must
provide true and accurate information regarding their eligibility to receive
the Vaccine during the current vaccine allocation phase.
(4) Vaccine Providers may rely on the
information provided by individuals in the Vaccine Registration System or
provided directly from the individual certifying their Vaccine eligibility.
(5) Any and all State officials
authorized by the Department of Health may enforce this Order by issuing a
citation of violation to any person who willfully violates this order, which
may result in civil administrative penalties of up to $5,000 for each violation
under NMSA 1978, Section 12-10A-19, in addition to other civil or criminal
penalties that may be available at law.
I FURTHER ORDER AND DIRECT as follows:
(1) This Order shall be broadly disseminated in English,
Spanish and other appropriate languages to the citizens of the State of New
Mexico.
(2) This Order shall take effect on February
26, 2021 and remain in effect for the duration of the public health emergency
first declared in Executive Order 2020-004 and any subsequent renewals of that
public health emergency declaration unless otherwise rescinded. This Order may be renewed consistent with any
direction from the Governor.
ATTEST:
DONE AT THE EXECUTIVE OFFICE
THIS 26TH DAY OF FEBRUARY 2021
/ S
/
WITNESS MY HAND AND THE GREAT
MAGGIE TOULOUSE OLIVER SEAL OF
THE STATE OF NEW MEXICO
SECRETARY OF STATE
/ S /
TRACIE C. COLLINS, M.D.
SECRETARY OF THE STATE OF NEW MEXICO
DEPARTMENT OF HEALTH