New Mexico Register / Volume XXXI, Issue 6 / March 24, 2020

 

 

EXECUTIVE ORDER 2020-004

 

ORDER DECLARING A STATE OF PUBLIC HEALTH EMERGENCY AND INVOKING THE POWERS PROVIDED BY THE ALL HAZARD EMERGENCY MANAGEMENT ACT AND THE EMERGENCY LICENSING ACT

 

                On December 31, 2019, several cases of pneumonia with an unknown cause were detected in Wuhan City, Hubei Province, China and reported to the World Health Organization.  The underlying virus giving rise to those reported instances of respiratory illness was later identified as a novel coronavirus disease named COVID-19.

                Since it was first identified and reported, COVID-19 has spread globally.  Over 100 countries have confirmed cases of COVID-19 and more than 100,000 people have been infected.

                The incidence of COVID-19 within the United States has similarly increased.  The first domestic report of COVID-19 occurred on January 21, 2020, in Washington State.  To date, there have been more than 1,000 reported domestic cases of COVID-19 in 39 states.

                Several public health organizations have implemented emergency measures intended to slow the spread of the disease.  For example, on January 20, 2020, the United States Centers for Disease Control and Prevention activated its Emergency Operations Center in response to the COVID-19 outbreak. The WHO similarly declared a Public Health Emergency of International Concern shortly thereafter. At least twelve of our sister states, including California, Colorado, Florida, Kentucky, Maryland, Massachusetts, New Jersey, New York, North Carolina, Oregon, Utah, and Washington, have also implemented emergency protocols intended to mitigate the transmission of COVID-19.

                My administration has been proactive in its approach to the COVID-19 epidemic.  Over the last several weeks, I have been in direct and frequent contact with officials overseeing the federal response to the COVID-19 outbreak.  Further, my office has worked with the New Mexico Secretary of Health and other State emergency services to develop plans to provide a swift and effective response when the inevitability of COVID-19 in New Mexico ultimately materialized.

                On March 11, 2020, the first confirmed cases of COVID-19 were reported in New Mexico.  For this reason, it is necessary for all branches of State government to take immediate action to minimize the spread of COVID-19 and to minimize the attendant physical and economic harms. 

                THEREFORE, for the reasons addressed above, I, Michelle Lujan Grisham, Governor of the State of New Mexico, by virtue of the authority vested in me by the Constitution and the laws of the State of New Mexico, do hereby ORDER and DIRECT:

                1.             I hereby invoke and exercise all powers vested in my office under the All Hazard Emergency Management Act, NMSA 1978, §§ 12-10-1 through 12-10-10.  All branches of State government shall cooperate with federal authorities, other states, and private agencies to provide resources and services necessary to minimize physical and economic harm and assist in the provision of  lodging, shelter, health care, food, transportation, or shipping necessary to protect lives or public property.  Further, all political subdivisions within New Mexico shall adhere to Section 12-10-10, which mandates compliance with and enforcement of this Order.

                2.             I further proclaim a public health emergency in accordance with NMSA 1978, 12-10A-5 of the Public Health Emergency Response Act.  This proclamation is necessary to minimize the spread and adverse impacts of the COVID-19 in our State.  All political subdivisions and geographic areas within the State of New Mexico are affected by the COVID-19 outbreak and, to the extent permitted by law, they are subject to the provisions of this Order.  The temporal scope of this emergency is for a period of 30 days and shall remain in effect until further notice.  If necessary, after consultation with the Department of Health Secretary, this Order will be renewed and extended.  See NMSA 1978, § 12-10A-5 (2003).  All public health officials, including those employed by the Department of Health, Human Services Department, and Aging and Long-Term Service Department, are required to assist in the implementation of this Order.

                3.             The Department of Health and the Department of Homeland Security and Emergency Management shall collaborate to provide an effective and coordinated response to this public health emergency and shall consult with my office regarding all matters germane to this Order.

                4.             All cabinets, departments, and agencies shall comply with the directives in this Order and any instruction given by the Department of Health.

                5.             Pursuant to NMSA 1978, § 13-1-127 (2019), I direct the General Services Department Secretary and the Department of Finance and Administration to assist in the emergency purchase of all goods and services necessary to contain, respond, and mitigate the spread of COVID-19 in New Mexico.

                6.             The Department of Health and the Department of Homeland Security and Emergency Management shall credential out-of-state professionals who can render aid and necessary services during the pendency of this Order.  NMSA 1978, §§ 12-10-10.1 through 12-10-13. (2007).

                7.             The Office of the Superintendent of Insurance shall promulgate emergency regulations maximizing the available insurance coverage for New Mexicans suffering from COVID-19, pneumonia, or influenza, while simultaneously ensuring that medical costs do not create barriers to testing and treatment.

                8.             The Secretary of the New Mexico Department of Workforce Solutions shall adopt such emergency rules, regulations, or declarations as necessary to ensure that individuals who are experiencing a temporary lay-off or furlough status due to forced absences from work because of COVID-19 are eligible to receive unemployment benefits.  I direct the Department of Workforce Solutions Secretary to promulgate emergency rules allowing temporary waivers of claims requirements for affected individuals under NMSA 1978, Section 51-1-5(A)(2) & (3) and any other relevant provisions of law.  The emergency waiver provisions should be similar to those already provided by 11.3.300.320(E) & (F) NMAC.

                9.             I direct the Adjutant General to order into service any elements of the New Mexico National Guard that may be needed to support to civil authorities in response to this public emergency.  Such  assistance shall be provided during the pendency of this Order at the discretion of the Governor.  NMSA 1978, §§ 20-1-1 through 20-1-8; NMSA 1978, §§ 20-4-1- through 20-4-14.

                10.          In accordance with NMSA 1978, §§ 12-11-23 through 12-11-25 and § 12-10-4(B)(3), the Department of Finance and Administration shall make available emergency financial resources on a continuing basis as necessary to address this emergency to the Department of Health.  NMSA 1978, § 12-11-25 (2005).  The funds shall be expended to protect the public health, safety, and welfare; to provide those resources and services necessary to avoid or minimize economic or physical harm on a temporary, emergency basis.  The funds shall be paid out only in an amount specified by warrants drawn by the Secretary of the Department of Finance and Administration upon vouchers approved by the Governor or the Department of Health.

                11.          This Order may be supplemented or amended.

                THIS ORDER supersedes any other previous orders, proclamations, or directives in conflict.  This Executive Order shall take effect immediately and shall remain in effect until the Governor rescinds it.

 

 

ATTEST:                                                                               DONE AT THE EXECUTIVE OFFICE

                                                                                                THIS 11TH DAY OF MARCH 2020

 

/   S   /                                                                                     WITNESS MY HAND AND THE GREAT

MAGGIE TOULOUSE OLIVER                                      SEAL OF THE STATE OF NEW MEXICO

SECRETARY OF STATE

               

 

                                                                                                /   S   /

                                                                                                MICHELLE LUJAN GRISHAM

                                                                                                GOVERNOR