New Mexico Register / Volume XXXII,
Issue 8 /April 20, 2021
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT OF HEALTH
SECRETARY TRACIE C. COLLINS, M.D.
APRIL 9, 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
devastating effects that
are now resulting from the 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Public Health Emergency or until they are amended of rescinded: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;
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; and
D. April 5, 2021 Amended Public Health
Emergency Order Temporarily Limiting Long-Term Care Facilities Visitation Due
to COVID-19.
E. February 26, 2021 Public Health
Emergency Order Temporarily Limiting Long-Term Care Facilities Visitation Due
to COVID-19.
3. The 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 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
March 5, 2021;
WHEREAS, confirmed cases in the United States
have risen to more than 31 million and confirmed COVID-19 infections in New
Mexico have risen to over 193,000;
WHEREAS, COVID-19 is a deadly virus and
has taken the lives of over 560,000 Americans and over 3,974 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, vaccination, 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) "Bars and clubs" means any
business, other than those specifically defined 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.
(2) "Close-contact businesses"
include barbershops, hair salons, tattoo parlors, nail salons, spas, massage
therapy services, esthetician clinics, and tanning salons.
(3) "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/covid
safe-practices/.
(4) "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 food
and drink 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.
(5) "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.
(6) "Houses of worship" means any church, synagogue, mosque, or
other gathering space where persons congregate to exercise their religious
beliefs.
(7) "Large entertainment
venues" mean 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.
(8) "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
or individuals who are public officials or public employees in the course and
scope of their employment.
(9) “Maximum capacity” means the maximum number of individuals
allowed within a specified location, as determined by the relevant fire marshal
or fire department. If the relevant fire
marshal or fire department does not make such a determination, maximum capacity
shall be determined by dividing the total square footage of floor space
unoccupied by obstructions such as equipment and displays by thirty-six (36).
(10) "Places of lodging" means hotels, motels, RV
parks, and short-term vacation rentals.
(11) "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, golf
courses, guided raft and balloon tours, ice-skating rinks, museums with
interactive displays or exhibits, miniature golf courses, ski areas, soccer
fields, swimming pools, tennis courts, trampoline parks, youth programs, and
zoos.
(12) "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.
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.
(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 up to 75% of the maximum
occupancy of any enclosed space on the premises and up to 100% capacity of any
outdoor space on the premises.
c. "Houses of worship" may
hold religious services up to 75% of the maximum occupancy of any enclosed
space on the premises and up to 100% capacity of any outdoor space on the
premises.
d. "Large entertainment
venues" may operate up to 33% of the maximum occupancy of any enclosed
space on the premises and 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 and 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 and up to 75% capacity of any outdoor space on the premises.
"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. All
"food and drink establishments," regardless of compliance with the NM
Safe Certified requirements, may operate up to 75% of the maximum capacity of
any outdoor seating area. 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.
1. Any entity not identified above may
operate up to 75% of the maximum occupancy of any enclosed space on the
premises and 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.
(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 capacity 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 up to 50% of the maximum
occupancy of any enclosed space on the premises.
c. "Houses of worship" may
hold religious services up to 50% of the maximum occupancy of any enclosed
space on the premises and up to 50% capacity of any outdoor space on the
premises.
d. "Large entertainment
venues" may operate up to 25% of the maximum occupancy of any enclosed
space on the premises and 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 and 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 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. All "food and drink
establishments," regardless of compliance with the NM Safe Certified
requirements, may operate up to 75% of the maximum capacity of any outdoor
seating area. 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 up to 50% of the maximum occupancy of any outdoor or enclosed space
on the premises.
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.
(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 up to 33% of the maximum
occupancy of any outdoor or enclosed space on the premises.
c. "Houses of worship" may
hold religious services up to 33% of the maximum occupancy of any enclosed
space on the premises and up to 100% capacity of any outdoor space on the
premises.
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 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 capacity of any enclosed space on the premises
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 operate up to 33%
of the maximum occupancy of any enclosed space on the premises. All "food and drink
establishments," regardless of compliance with the NM Safe Certified
requirements, may operate up to 75% of the maximum capacity of any outdoor
seating area. 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 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 or twenty
(20) customers inside the building at any given time.
j. Any entity not identified above
may operate but may operate up to 33% of the maximum occupancy of any enclosed
space on the premises.
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.
(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 capacity 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 up to 25% of the maximum
occupancy of any outdoor or enclosed space on the premises.
c. "Houses of worship" may
hold religious services up to 25% of the maximum occupancy of any enclosed
space on the premises and up to 100% capacity of any outdoor space on the
premises.
d. “Large entertainment venues” may
not operate.
e. "Recreational facilities"
may operate up to 25% of the maximum 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.
Further, pools may operate up to 25% of the maximum capacity of any
enclosed space on the premises 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 operate up to 25% of the maximum capacity of any
outdoor seating areas 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 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.
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 CSP's. In the event the pertinent CSP’s specify a
reduced occupancy or capacity limit, the CSP’s 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 Mexico's Public Education Department’s
"Reentry Guidance" and “COVID-19 Response Toolkit for New Mexico's
Public Schools”, available at
https://webnew.ped.state.nm.us/reentry-district-and-school-guidance/, and
may operate up to maximum capacity.
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 museums may operate subject to
the capacity 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 April 9, 2021 and remain in
effect through May 7, 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 9TH
DAY OF APRIL 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