New Mexico Register / Volume XXXII,
Issue 7 /April 6, 2021
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT OF HEALTH
SECRETARY-TRACIE C. COLLINS, M.D.
MARCH 12, 2021
Public Health Emergency Order Clarifying that Current Guidance
Documents, Advisories, and Emergency Public Health Orders Remain
in
Effect; and Amending Prior Public Health Emergency Orders to
Impose County-by-County
Restrictions 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. It remains
the core purpose of this Order to emphasize that 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Public Health Emergency or until they are amended of rescinded: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 24, 2020
Public Health Emergency Order Temporarily Regulating the Sale and Distribution
of Personal Protective Equipment Due to Shortages Caused by COVID-19; and
B. December 15, 2020 Amended Public Health Emergency Order Implementing Additional
Contact Tracing Information Requirements for All Laboratories and Submitters
Submitting Notifiable Condition COVID- 19 Test Results to the New Mexico
Epidemiology and Response Division.
C. January 8, 2021 Emergency Order
Implementing Administration and Reporting Requirements for All COVID-19 Vaccine
Providers.
D. January 29, 2021 Amended Public
Health Emergency Order Temporarily Limiting Long-Term care Facilities
Visitation Due to COVID-19; and
E. February 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.
3. The February 24, 2021 Public Health Emergency Order
Clarifying that Current Guidance Documents, Advisories, and Emergency Public
Health Orders Remain in Effect; and Amending Prior Public Health Emergency
Orders Limiting Businesses and Non-Profit Entities' Operations 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 2019 ("COVID-19"), 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 April
2, 2021;
WHEREAS, confirmed cases in the United
States have risen to more than 29.2 million and confirmed COVID-19 infections
in New Mexico have risen to over 187,000;
WHEREAS, COVID-19 is a deadly virus and
has taken the lives of over 529,000 Americans and over 3,800 New Mexicans;
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, 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 12-10A-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, 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, 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 the current outbreak of COVID-19 a condition of public health importance,
as defined in 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.
DEFINITIONS
As used in this 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;
d. Grocery stores, supermarkets, food
banks, farmers' markets and vendors who sell food, convenience stores, and
other businesses that generate more than one-third of their revenue from the
sale of canned food, dry goods, fresh fruits and vegetables, pet food, animal
feed or supplies, fresh meats, fish, and poultry, and any other consumable household
products;
e. Farms, ranches, and other food
cultivation, processing, or packaging operations;
f. Infrastructure
operations including, but not limited to, public works construction, commercial
and residential construction and maintenance, self-storage facilities, 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;
g. 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;
h. 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;
i. Veterinary and livestock services, animal shelters and facilities
providing pet adoption, daycare, or boarding services;
j. Media
services;
k. Automobile repair
facilities, bike repair facilities, and retailers who generate the majority of
their revenue from the sale of automobile or bike repair products;
l. Utilities,
including their contractors, suppliers, and supportive operations, engaged in
power generation, fuel supply and transmission, water and wastewater supply;
m. Hardware stores;
n. Laundromats and dry
cleaner services;
o. Crematoriums, funeral homes, and
cemeteries;
p. Banks, credit
unions, insurance providers, licensed check cashing businesses, payroll
services, brokerage services, and investment management firms;
q. Businesses providing
mailing and shipping services;
r. Laboratories
and defense and national security-related operations supporting the United
States government, a contractor to the United States government, or any federal
entity;
s. Professional
services, such as legal or accounting services, but only where necessary to
assist in compliance with legally mandated activities; and
t. 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) "Close-contact businesses"
include barbershops, hair salons, tattoo parlors, nail salons, spas, massage therapy services, esthetician clinics, and tanning
salons.
(3) "Food and drink establishments" include
restaurants, breweries, wineries, distillers, cafes, coffee shops, or other
similar establishments that offer food or drink. For purposes of this section,
"breweries" are those businesses licensed pursuant to NMSA 1978,
Section 60-6A-26.1; "distillers" are those businesses licensed
pursuant to NMSA 1978, Section 60-6A-1; and "wineries" are those
businesses licensed pursuant to NMSA 1978, Section 60-A-1l.
(4) "Houses of worship" means any church, synagogue, mosque, or
other gathering space where persons congregate to exercise their religious
beliefs.
(5) "Large entertainment venues" means any publicly
or privately owned venue typically or actually used to host large audiences for
the purposes of entertainment or amusement, including, but not limited to:
convention centers, concert venues, movie theaters, performance venues,
professional or semi-professional sports venues, racetracks, and theaters.
(6) "Recreational facilities" means any publicly or
privately owned facility typically or actually used for recreational activities
capable of bringing persons within close proximity of one another, including,
but not limited to: aquariums, amusement parks, arcades, basketball courts,
baseball fields, bowling alleys, botanical gardens, family entertainment
centers, football fields, go-kart courses, gold courses, guided raft and
balloon tours, ice skating rinks, golf
courses, museums with interactive displays or exhibits, miniature golf courses,
ski areas, soccer fields, swimming pools, tennis courts, trampoline parks,
youth programs, and zoos.
(7) Bars and clubs means any business, other than those
specifically designed as a food and drink establishment, that typically or
actually generates more than half of its revenue from the sale of alcohol for
on-premises consumption, as well as adult entertainment venues, nightclubs, and
dance clubs, regardless of the source of their revenue.
(8) "Places of lodging" means hotels, motels, RV
parks, and short-term vacation rentals.
(9) "Retail space" means any business that regularly
sells goods or services directly to consumers or end-users at the business
location and includes, but is not limited to, the following "essential
businesses" identified in the categories above: (1)d, (1)k, (1)m, and
(1)n.
(10) "Mass gathering" means any public gathering,
private gathering, organized event, ceremony, parade, funeral, or any other
grouping that brings together a specified number of individuals in a single
room or connected space, confined outdoor space, or open outdoor space. "Mass gatherings" also includes
coordinated events in which individuals gather in vehicles. "Mass gathering" does not include
the presence of any number of 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.
(11) "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."
This document may be obtained at the following link https://cv.nmhealth.org/covidsafe-practices/.
THE "RED TO GREEN" FRAMEWORK
I DIRECT that the State shall continue to reopen according to the
following county-by-county framework:
SUMMARY
This
Order sets out the "Red to Green" framework, which includes four
levels of operations that are based on a county's ability to satisfy specified
metrics: Turquoise Level, Green Level, Yellow Level, and Red Level. A county will remain at a given operating
level so long as it continues to satisfy the specified metrics for that level. The Department of Health maintains the
official map displaying each county's current level at:
https://cvprovider.nmhealth.org/public-dashboard.html. The Department of Health updates this map
every other Wednesday. If a county fails
to meet the specified metrics for a given level, the county must begin
operating at the lower level's restrictions within 48 hours of the map's
update. If a county begins meeting the
specified metrics for a less restrictive level, the county may begin operating
at that level's restrictions immediately upon the map's update.
REOPENING LEVEL METRICS
Counties shall be categorized according to one of the
following levels:
(1) Turquoise Level Counties seeking to
operate at this level must have satisfied the metrics required to operate at
Green Level for the two most recent 14-day reporting periods.
(2) Green Level - Counties seeking to
operate at this level must satisfy both of the following metrics:
(a) A new COVID-19 case incidence rate of
no greater than 8 cases per 100,000 inhabitants during the most recent two-week
period; AND
(b) An average percent of positive
COVID-19 test results over the most recent 14-day period less than or equal to
5%.
(3) Yellow Level - Counties seeking to
operate at this level must meet either of the following metrics:
(a) A new COVID-19 case incidence rate of
no greater than 8 cases per 100,000 inhabitants during the most recent two-week
period; OR
(b) An average percent of positive
COVID-19 test results over the most recent 14-day period less than or equal to
5%.
(4) Red Level -All other counties shall
operate at the Red Level.
REQUIREMENTS FOR EACH LEVEL
Turquoise Level - Turquoise Level counties are subject to the following
requirements:
(1) Except as provided in the following
paragraph, all "mass gatherings" of more than one hundred fifty (150)
individuals are prohibited. "Mass
gatherings" in which individuals gather in vehicles are permitted so long
as the gathering is limited to two hundred (200) vehicles.
(2) All businesses, houses of worship,
and other non-profit entities may operate subject to the following occupancy
limits and restrictions:
a. All "essential
businesses," excluding those defined as a "retail space," may
operate without occupancy limitations but must limit operations to only those
absolutely necessary to carry out essential functions.
b. "Essential businesses"
identified as a "retail space" may operate but may not exceed 75% of
the maximum occupancy of any enclosed space on the premises, as determined by
the relevant fire marshal or fire department. Further, such "retail spaces" may
operate up to 100% capacity of any outdoor space on the premises.
c. "Houses of worship" may
hold religious services, indoors or outdoors, or provide services through
audiovisual means, but may not exceed 75% of the maximum occupancy of any
enclosed space on the premises, as determined by the relevant fire marshal or
fire department.
d. "Large entertainment
venues" may operate up to 33% of the maximum occupancy of any enclosed
space on the premises, as determined by the relevant fire marshal or fire
department. Further, "large
entertainment venues" may operate up to 75% capacity of any outdoor space
on the premises.
e. "Recreational facilities"
may operate up to 50% of the maximum occupancy of any enclosed space on the
premises, as determined by the relevant fire marshal or fire department. Further, "recreational facilities"
may operate up to 75% capacity of any outdoor space on the premises.
f. "Bars and clubs" may
operate up to 33% of the maximum occupancy of any enclosed space on the
premises, as determined by the relevant fire marshal or fire department. Further, "bars and clubs" may operate
up to 75% capacity of any outdoor space on the premises, where applicable. "Bars and clubs" shall comply with
all other requirements applicable to "food and drink establishments."
g. "Food and drink
establishments" may not provide dine-in service, except those restaurants
that have completed the NM Safe Certified training program. All "food and drink establishments"
that have completed the NM Safe Certified offered at
https://nmsafecertified.org, and also comply with all NM Safe Certified
requirements, including, but not limited to: screening customers and staff for
symptoms of COVID-19 prior to entry, consenting to Department of Health
spot-testing of symptomatic employees, requiring dine-in customers to provide
limited contact information for contact tracing purposes, and retaining contact
tracing information for no less than three weeks may operate at 75% of the
maximum occupancy of any enclosed space on the premises, as determined by the
relevant fire marshal or fire department.
All "food and drink establishments," regardless of compliance
with the NM Safe Certified requirements, may provide service in outdoor seating
areas up to 75% occupancy, where applicable.
In all instances, tables must be spaced at least six feet apart, no more
than six patrons may be seated at any single table, patrons must be seated in
order to be served food or drink unless ordering food for carryout, and no bar
or counter seating is permitted. "Food
and drink establishments" may provide carryout service, or delivery service
if otherwise permitted by law.
h. "Places of lodging" which
have completed the NM Safe Certified training offered at
https://nmsafecertified.org may operate up to 100% of maximum occupancy. All other "places of lodging" shall
not operate at more than 50% of maximum occupancy. Further, and notwithstanding any other
provision herein, any home, apartment, condominium, or other similar space that
is offered as a vacation rental may operate but may not exceed fifteen (15)
guests. Healthcare providers who are
engaged in the provision of care to New Mexico residents, individuals for
extended stays as temporary housing, and individuals who are quarantining shall
not be counted for purposes of determining maximum occupancy.
i. Any
entity not identified above may operate but may not exceed 75% of the maximum
occupancy of any enclosed space on the premises, as determined by the relevant
fire marshal or fire department. Further, such entities may operate up to 100%
capacity of any outdoor space on the premises.
Green Level - Green Level counties are
subject to the following requirements:
(1) Except as provided in the following
paragraph, all "mass gatherings" of more than twenty (20) individuals
are prohibited. "Mass
gatherings" in which individuals gather in vehicles are permitted so long
as the gathering is limited to one hundred twenty (120) vehicles, no food or
drinks are sold at the gathering, and all individuals remain in their vehicles.
(2) All businesses, houses of worship,
and other non-profit entities may operate subject to the following occupancy
limits and restrictions:
a. All "essential
businesses," excluding those defined as a "retail space," may
operate without occupancy limitations but must limit operations to only those
absolutely necessary to carry out essential functions.
b. "Essential businesses"
identified as a "retail space" may operate but may not exceed 50% of
the maximum occupancy of any enclosed space on the premises, as determined by
the relevant fire marshal or fire department.
c. "Houses of worship" may
hold religious services, indoors or outdoors, or provide services through
audiovisual means, but may not exceed 50% of the maximum occupancy of any
enclosed space on the premises, as determined by the relevant fire marshal or
fire department.
d. "Large entertainment
venues" may operate up to 25% of the maximum occupancy of any enclosed
space on the premises, as determined by the relevant fire marshal or fire
department. Further, "large entertainment venues" may operate up to
50% capacity of any outdoor space on the premises.
e. "Recreational facilities"
may operate up to 25% of the maximum occupancy of any enclosed space on the
premises, as determined by the relevant fire marshal or fire department.
Further, "recreational facilities" may operate up to 50% capacity of
any outdoor space on the premises.
f. "Bars and clubs" may
operate up to 25% capacity of any outdoor space on the premises, where
applicable, but shall not permit patrons to enter any indoor portion of the
premises except for the limited purpose of using the restroom or momentarily
exiting/entering. Employees may occupy the indoor portion of the premises only
to the extent necessary to operate the outdoor portion. "Bars and
clubs" shall comply with all other requirements applicable to "food
and drink establishments."
g. "Food and drink
establishments" may not provide dine-in service, except those restaurants
that have completed the NM Safe Certified training program. All "food and drink establishments"
that have completed the NM Safe Certified offered at
https://nmsafecertified.org, and also comply with all NM Safe Certified
requirements, including, but not limited to: screening customers and staff for
symptoms of COVID-19 prior to entry, consenting to Department of Health
spot-testing of symptomatic employees, requiring dine-in customers to provide
limited contact information for contact tracing purposes, and retaining contact
tracing information for no less than three weeks may operate at 50% of the maximum
occupancy of any enclosed space on the premises, as determined by the relevant
fire marshal or fire department. All
"food and drink establishments," regardless of compliance with the NM
Safe Certified requirements, may provide service in outdoor seating areas up to
75% occupancy, where applicable. In all
instances, tables must be spaced at least six feet apart, no more than six
patrons may be seated at any single table, patrons must be seated in order to
be served food or drink unless ordering food for carryout, and no bar or
counter seating is permitted. "Food
and drink establishments" may provide carryout service, or delivery
service if otherwise permitted by law.
h. "Places of lodging" which
have completed the NM Safe Certified training offered at
https://mnsafecertified.org may operate up to 75% of maximum occupancy. All other "places of lodging" shall
not operate at more than 40% of maximum occupancy. Further, and notwithstanding any other
provision herein, any home, apartment, condominium, or other similar space that
is offered as a vacation rental may operate but may not exceed ten (10)
guests. Healthcare providers who are
engaged in the provision of care to New Mexico residents, individuals for extended
stays as temporary housing, and individuals who are quarantining shall not be
counted for purposes of determining maximum occupancy.
i. Any
entity not identified above may operate but may not exceed 50% of the maximum
occupancy of any outdoor or enclosed space on the premises, as determined by
the relevant fire marshal or fire department.
Yellow Level -Yellow Level counties are subject to the following
requirements:
(1) Except as provided in the following
paragraph, all "mass gatherings" of more than ten (10) individuals
are prohibited. "Mass
gatherings" in which individuals gather in vehicles are permitted so long
as the gathering is limited to eighty (80) vehicles, no food or drinks are sold
at the gathering, and all individuals remain in their vehicles.
(2) All businesses, houses of worship,
and other non-profit entities may operate subject to the following occupancy
limits and restrictions:
a. All "essential
businesses," excluding those defined as a "retail space," may
operate but must limit operations to only those absolutely necessary to carry
out essential functions.
b. "Essential businesses"
identified as a "retail space" may operate but may not exceed 33% of
the maximum occupancy of any enclosed space on the premises, as determined by
the relevant fire marshal or fire department.
c. "Houses of worship" may
hold religious services, indoors or outdoors, or provide services through
audiovisual means, but may not exceed 33% of the maximum occupancy of any
enclosed space on the premises, as determined by the relevant fire marshal or
fire department.
d. "Large entertainment
venues" may operate up to 25% capacity of any outdoor space on the
premises but shall not permit patrons to enter any indoor portion of the venue
except for the limited purpose of using the restroom or momentarily
exiting/entering. Employees may occupy
the indoor portion of the facility only to the extent necessary to operate the
outdoor portion. Notwithstanding the
foregoing, "large entertainment venues" may operate up to 25% of the
maximum occupancy of any enclosed space on the premises, as determined by the
relevant fire marshal or fire department, for the limited purposes of recording
and broadcasting entertainment, but shall in no event permit any live,
in-person audience.
e. "Recreational facilities"
may operate up to 33% capacity of any outdoor space on the premises but shall
not permit patrons to enter any indoor portion of the facility except for the
limited purpose of using the restroom or momentarily exiting/entering. Employees may occupy the indoor portion of the
facility only to the extent necessary to operate the outdoor portion. Notwithstanding the foregoing, pools may
operate up to 33% of the maximum occupancy of any enclosed space on the
premises, as determined by the relevant fire marshal or fire department, so
long as they are only used for physical therapy and socially distanced
exercise.
f. Bars and clubs may not operate.
g. "Food and drink
establishments" may not provide dine-in service unless they complete the
NM Safe Certified training offered at https://nmsafecertified.org, as well as
comply with all NM Safe Certified requirements, including, but not limited to:
screening customers and staff for symptoms of COVID-19 prior to entry,
consenting to Department of Health spot-testing of symptomatic employees,
requiring dine-in customers to provide limited contact information for contact
tracing purposes, and retaining contact tracing information for no less than
three weeks. Those "food and drink
establishments" that complete the NM Safe Certified training and comply
with all attendant requirements mandated by that program may provide dine-in
services but they may not exceed more than 33% of the maximum occupancy of any
enclosed space on the premises, as determined by the relevant fire marshal or
fire department. All "food and
drink establishments," regardless of compliance with the NM Safe Certified
requirements, may provide service in outdoor seating areas up to 75% occupancy,
where applicable. In all instances,
tables must be spaced at least six feet apart, no more than six patrons may be
seated at any single table, patrons must be seated in order to be served food
or drink unless ordering food for carryout, and no bar or counter seating is
permitted. Any "food and drink
establishment" that is permitted to serve alcohol must close for in
person service by 10:00 p.m. and must remain closed until at least 4:00 a.m.,
but may continue to provide delivery service so long as customers are permitted
on the premises. "Food and drink
establishments" may provide delivery service after 10:00 p.m. but no
customers are permitted on the premises. "Food and drink
establishments" may provide carryout service, or delivery service if
otherwise permitted by law.
h. "Places of lodging" which
have completed the NM Safe Certified training offered at
https://nmsafecertified.org may operate up to 60% of maximum occupancy. All other "places of lodging" shall
not operate at more than 33% of maximum occupancy. Further, and notwithstanding any other provision
herein, any home, apartment, condominium, or other similar space that is
offered as a vacation rental may operate but may not exceed five (5)
guests. Healthcare providers who are
engaged in the provision of care to New Mexico residents, individuals for
extended stays as temporary housing, and individuals who are quarantining shall
not be counted for purposes of determining maximum occupancy.
i. "Close-contact
businesses" may operate but may not exceed the lesser
of 33% of the maximum occupancy of any outdoor or enclosed space on the
premises, as determined by the relevant fire marshal or fire department, or
twenty (20) customers inside the building at any given time.
j. Any entity not identified above
may operate but may not exceed 33% of the maximum occupancy of any enclosed
space on the premises, as determined by the relevant fire marshal or fire
department.
Red Level -Red Level counties are subject to the following
requirements:
(1) Except as provided in the following
paragraph, all "mass gatherings" of more than five (5) individuals
are prohibited. "Mass gatherings" in which individuals gather in
vehicles are permitted so long as the gathering is limited to forty (40)
vehicles, no food or drinks are sold at the gathering, and all individuals remain
in their vehicles.
(2) All businesses, houses of worship,
and other non-profit entities may operate subject to the following occupancy
limits and restrictions:
a. All "essential
businesses," excluding those defined as a "retail space," may
operate but must limit operations to only those absolutely necessary to carry
out essential functions.
b. "Essential businesses"
identified as a "retail space" may operate but may not exceed 25% of
the maximum occupancy of any enclosed space on the premises, as determined by
the relevant fire marshal or fire department.
c. "Houses of worship" may
hold religious services, indoors or outdoors, or provide services through
audiovisual means, but may not exceed 25% of the maximum occupancy of any
enclosed space on the premises, as determined by the relevant fire marshal or
fire department.
d. Large entertainment venues may
not operate.
e. "Recreational facilities"
may operate up to 25% capacity of any outdoor space on the premises but shall
not permit patrons to enter any indoor portion of the facility except for the
limited purpose of using the restroom or momentarily exiting/entering.
Employees may occupy the indoor portion of the facility only to the extent
necessary to operate the outdoor portion. Notwithstanding the foregoing,
amusement parks may not operate.
f. Bars and clubs may not operate.
g. "Food and drink
establishments" may provide service in outdoor seating areas up to 25%
occupancy, where applicable, but shall not permit patrons to enter any indoor
portion of the premises except for the limited purpose of using the restroom or
momentarily exiting/entering. Employees may occupy the indoor portion of the
premises only to the extent necessary to operate the outdoor portion. Tables
must be spaced at least six feet apart, no more than six patrons may be seated
at any single table, patrons must be seated in order to be served food or drink
unless ordering food for carryout, and no bar or counter seating is permitted.
"Food and drink establishments" may provide carryout service, or
delivery service if otherwise permitted by law. Any "food and drink
establishment" that is permitted to serve alcohol must close for in-person
service by 9:00 p.m. and must remain closed until at least 4:00 a.m. but may
continue to provide delivery service so long as no customers are permitted on
the premises.
h. "Places of lodging" which
have completed the NM Safe Certified training offered at
https://nmsafecertified.org may operate up to 40% of maximum occupancy. All other "places of lodging" shall
not operate at more than 25% of maximum occupancy. Further, and notwithstanding any other
provision herein, any home, apartment, condominium, or other similar space that
is offered as a vacation rental may operate but may not exceed five (5)
guests. Healthcare providers who are
engaged in the provision of care to New Mexico residents, individuals for
extended stays as tempora1y housing, and individuals who are quarantining shall
not be counted for purposes of determining maximum occupancy.
i. "Close-contact
businesses" may operate but may not exceed 25% of the maximum occupancy of
any outdoor or enclosed space on the premises, as determined by the relevant
fire marshal or fire department, or ten (10) customers inside the building at
any given time.
j. Any entity not identified above
may operate but may not exceed 25% of the maximum occupancy of any outdoor or
enclosed space on the premises, as determined by the relevant fire marshal or
fire department.
BASELINE DIRECTIVES
Regardless
of a county's level, I DIRECT that
the following baseline directives apply at all times and in all instances:
(1) Unless a healthcare provider instructs
otherwise, all individuals shall wear a mask or multilayer cloth face covering
in public settings except when eating or drinking. Masks with vents do not satisfy this
requirement. "Retail spaces"
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.
(2) In order to minimize the shortage of
health care supplies and other necessary goods, "retail spaces" shall
limit the sale of medications, durable medical equipment, baby formula,
diapers, sanitary care products, and hygiene products to three items per
individual.
(3) Any "food and drink
establishment,'' "close-contact business," "place of lodging,''
"retail space," or other business (including "essential
businesses" other than those which meet the definition of a healthcare
operation, utility, or indigent care services) in which members of the public
regularly visit must immediately close for a period of fourteen (14) days
following the occurrence of four (4) or more rapid responses within a fourteen
(14) day period. For purposes of this
directive, rapid responses will be counted on a rolling basis. Notwithstanding this provision, an
"essential business" may be permitted to continue operating if the
Department of Health, after consultation with the New Mexico Environment
Department, determines that the business is a necessary provider of goods or
services within the community in light of geographic considerations. Further, "essential businesses" that
test each employee every two weeks and regularly provide contact tracing data
to the Environment Department shall not be subject to closure under this
provision.
(4) All businesses, houses of worship,
and other non-profit entities must adhere to the pertinent CSPs. In the event the pertinent CSPs specify a
reduced occupancy or capacity limit, the CSPs limit shall control.
(5) Private educational institutions
serving children and young adults from pre- Kindergarten through 12th Grade,
including homeschools serving children who are not household members, shall
adhere to the face covering and other COVID-Safe Practices requirements for in
person instruction contained in the New Mexicos Public Education Departments "Reentry
Guidance" and COVID-19 Response Toolkit for New Mexicos Public Schools,
available at https://webnew.ped.state.nm.us/reentry-district-and-school-guidance/,
and may operate without occupancy or capacity limits, other than those imposed
by the relevant fire marshal or fire department. Private schools shall report to the New
Mexico Public Education Department all cases of COVID-19-positive students,
staff, contractors and volunteers associated with the school within four hours
of the school being notified of the positive case, pursuant to the procedures
in the current COVID-19 Response Toolkit for New Mexico's Public Elementary
Schools. Private schools
must immediately close for a period of fourteen (14) days
following the last occurrence of four (4) or more rapid responses within a
fourteen (14) day period. Private schools also are subject to inclusion on the
New Mexico Environment Department's watchlist and
closure list.
(6) State parks shall be open to camping
with reservations and day-use only.
Event facilities at state parks shall remained
closed. The State Parks Division is
directed to extend the use of annual camping passes that were purchased after
March 2019 for a period determined by the State Parks Division related to the
original expiration date due to the closure of state parks to camping.
(7) State museums may operate subject to
the occupancy level and restrictions applicable to comparable private museums
located in their respective counties.
I FURTHER 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 declaring restrictions
based upon the existence of a condition of public health importance shall not
abrogate any disease-reporting requirements set forth in the 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 March 12, 2021 and remain
in effect through April 9, 2021.
(5) The New Mexico Department of Health,
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.
(6) Any and all State officials authorized by the Department
of Health may enforce this Public Health Order by issuing a citation of
violation, which may result in civil administrative penalties of up to $5,000
for each violation under Section 12-l0A-19.
I FURTHER ADVISE the public to take the following preventive precautions:
-- New Mexico
citizens should stay at home and undertake
onlv 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
12TH DAY OF MARCH 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