New Mexico Register / Volume XXXII,
Issue 24 / December 28, 2021
EXECUTIVE ORDER 2021-066
THIRD AMENDED ORDER REQUIRING STATE EMPLOYEES
TO COMPLY WITH CERTAIN PUBLIC HEALTH REQUIREMENTS
WHEREAS, on January 30, 2020, the World
Health Organization ("WHO") 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 cases had been
confirmed in New Mexico since March 11, 2020, when the New Mexico Department 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, I issued Executive Order 2020-004 declaring a Public
Health Emergency exists in New Mexico under the Public Health Emergency
Response Act, and invoked my authority under the All Hazards Emergency
Management Act;
WHEREAS, I have renewed the declaration
of a Public Health Emergency through December 17, 2021;
WHEREAS, the currently available
COVID-19 vaccines are a safe and effective way of preventing serious illness or
death;
WHEREAS, regular testing, masks, and
social-distancing remain some of the most effective ways to minimize the spread
of COVID-19.
NOW THEREFORE, I, Michelle Lujan
Grisham, Governor of the State of New Mexico, by virtue of the authority vested
in me by the Constitution and laws of the State of New Mexico, hereby ORDER and DIRECT as follows:
1. State employees shall comply with
the provisions regarding the use of masks contained in the operative Public
Health Order issued by the Secretary of the Department of Health during the
course and scope of their employment.
2. State employees who (i) are not
fully vaccinated against COVID-19, as defined by the Centers for Disease
Control and Prevention; (ii) have not received a booster dose of the vaccine,
if eligible according to the FDA, by January 7, 2022, or within four weeks of
becoming eligible; or (iii) are not willing and able to provide adequate proof
or such vaccination shall:
A. Provide adequate proof that the
employee has tested negative for COVID-19 on a weekly basis; and
B. Wear a mask or multilayer face
covering at all times during the course and scope of their employment except
when eating or drinking or when the employee provides adequate proof that he or
she has been instructed otherwise by a bona fide healthcare provider.
3. Any state employee who is not fully
vaccinated or has not received a booster dose of the vaccine, if eligible, and
who tests positive for COVID-19 may return to work following the completion of
any mandatory isolation period prescribed by the New Mexico Department of
Health. A negative COVID-19 test result
is not required to return to work, provided the employee completes the
mandatory isolation period. All such
employees who test positive for COVID-19 shall be exempt from the testing
requirement in Paragraph 2(A) for a period of 90 days following the date of the
employee’s positive COVID-19 result.
4. Employees who refuse to abide by
the above requirements may be subject to disciplinary action, up to and
including termination, in accordance with applicable law.
5. State agencies shall ensure,
consistent with law, that any documentation related to vaccination status,
healthcare directives, or test results are not disclosed to individuals other
than those necessary to ensure compliance with this Order.
6. The New Mexico State Personnel
Office shall provide agencies with guidance on the full implementation and
administration this Order.
I FURTHER ORDER and DIRECT as follows:
1. This Order supersedes any previous
orders, proclamations, policies or directives to the extent they are in
conflict.
2. This Order shall take effect on December
2, 2021 and shall remain in effect until renewed, modified, or rescinded.
ATTEST: DONE
AT THE EXECUTIVE OFFICE
THIS
2ND DAY OF DECEMBER 2021
/ S /
MAGGIE TOULOUSE
OLIVER WITNESS
MY HAND AND THE GREAT
SECRETARY OF
STATE SEAL
OF THE STATE OF NEW MEXICO
/ S /
MICHELLE
LUJAN GRISHAM GOVERNOR