New Mexico Register / Volume XXXIII,
Issue 24 / December 27, 2022
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT OF HEALTH
ACTING SECRETARY DAVID R. SCRASE, M.D.
December 19, 2022
Amended Public Health Emergency Order Clarifying
All Orders, Directives, Guidance and Advisories Remaining
in Effect and Imposing Certain
Public Health Measures
PREFACE
The
purpose of this amended
Public Health Emergency Order is to provide current
guidance regarding all mandates and clarify all public health orders remaining
in effect in relation to the Novel Coronavirus Disease 2019
("COVJD-19"). All New Mexicans should continue to adhere to social
distancing protocols when required to protect our State as a whole.
WHEREAS, on March 11,
2020, because of the spread of the novel Coronavirus Disease 2019
("COVID-19"), Michel le 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 January
6, 2023;
WHEREAS, confirmed cases
in the United States have risen to more than 99.7 million and confirmed
COVID-19 infections in New Mexico have risen to over 655,000;
WHEREAS, COVID-19 is a
deadly virus and has taken the lives of over I,083,000 Americans and over 8,700
New Mexicans;
WHEREAS,
the spread of COVID-19 in the State of New Mexico poses an ongoing 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, potential displacement of persons, and closures of schools or other
places of public gathering;
WHEREAS, nonetheless, we
now have effective tools and practices to minimize the spread of COVID- 19,
such as COVID vaccination, earlier home-based COVID testing with adequate
quarantine for those who are exposed and isolation of those who test positive,
early COVID therapeutic treatment for those who test positive, the consistent
and proper use of more effective face coverings, and more robust and
community-specific data reporting to guide individuals and communities based on
current case counts and hospitalization rates; and the effectiveness of these
new tools and practices warrant the lifting of certain restrictions placed upon
the State;
WHEREAS, for example, it
is now no longer necessary to require State correctional facilities workers to
be vaccinated against COVID-19 in light of high vaccination rates and the
additional tools and practices mentioned above, and lifting this requirement
may help the State fill staff vacancies, which will in turn help ensure the
health and safety of those working or incarcerated in those facilities;
however, those workers are still strongly urged to be fully vaccinated against
COVID-19 ant to receive any recommended booster doses;
WHEREAS, the protection of
our most vulnerable New Mexicans, including those who are immune compromised or
have other pre-existing conditions that place them at high risk for serious
COVID-illness, remains of paramount importance; and
WHEREAS, the New Mexico
Department of Health ("NMDOH") 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.
NOW, THEREFORE, I, David
R. Scrase, M.D., Acting 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.
ORDER
I HEREBY DIRECT AS FOLLOWS:
(l) All Public Health Emergency Orders adopted in relation to
the COVID-19 public health emergency are hereby rescinded, and only those
directives stated herein shall remain in effect until otherwise amended or
rescinded.
(2) All current guidance documents and advisories issued by the
Department of Health in response to the COVID-19 public health emergency remain
in effect.
I FURTHER DIRECT:
(1) All facilities licensed or certified by the Centers for
Medicare and Medicaid Services ("CMS"), including all hospital types,
long-term care facilities, hospice facilities, and rehabilitation facilities
are instructed to adhere to all COVID-related requirements prescribed by CMS,
including, but not limited to, masking and patient/staff vaccination. Facilities reporting staff vaccination status
in the federal CMS reporting system are not required to concurrently report
such data to the state reporting system. NMDOH no longer requires weekly testing for
healthcare workers whose vaccine status is not up to date.
(2) For the duration of the public health emergency all
assisted living facilities and adult day care settings are required to adhere
to all COVID-related requirements to which hospitals and nursing homes are held
by CMS, including, but not limited to, masking and vaccination. These
facilities will continue to report staff vaccination status to the State as long as CMS requires such reporting, at the same
frequency as required by CMS for the facility types listed in paragraph I
above.
(3) All facilities subject to paragraphs 1 and 2 above are
advised to evaluate Centers for Disease Control and Prevention
("CDC") community transmission levels in their locality and adopt
more stringent precautions, if needed. CDC community transmission levels can be
accessed via the following link: https://covid.cdc.gov/covid-data-tracker/#countyญ
view?list_select_state=New+Mexico&data-type=Risk&null=Risk.
(4) All New Mexicans should remain aware of the importance of
protecting our most vulnerable population groups, including those who are
older, immune compromised, or have other pre-existing conditions that place
them at high risk for serious COVID illness. Additional information from the CDC about
risks for illness can be accessed via the following link: https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-conditions.html.
(5) All New Mexicans should be aware that there are now tools
that can be used to direct both isolation for those who have acquired COVID and
quarantine for those who have been exposed to COVID. In these two situations, all New Mexicans are
strongly encouraged to use the CDC Quarantine and Isolation Calculator that can
be accessed via the following link: https://www.cdc.gov/coronavirus/20
l9-ncov/your-health/quarantine-isolation.html.
(6) All businesses, establishments, and non-profit entities are
recommended to adhere to the latest CDC guidance for Workplace and Businesses
available via the following link: https://www.cdc.gov/niosh/emres/2019_ncov_default.html. Businesses, establishments, and non-profit
entities are further recommended to adhere to CDC guidance for Cleaning and
Disinfecting Your Facility, which may be accessed via the following link: https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html?CDC_AA_reVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F20
l9- ncov%2Fcommunity%2Forganizations%2Fcleaning-disinfection.html.
(7) Nothing in this Order shall be construed as prohibiting any
business, house of worship, non-profit entity, or other entity from imposing
more stringent requirements.
(8) Public, private, and charter educational institutions shall
adhere to the "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. Public
and private educational institutions shall follow the reporting, testing, and
closure requirements set forth by the Public Education Department in the
COVID-19 Response Toolkit for New Mexico's Public Schools.
(9) All Long-Term Care Facilities, including nursing homes,
assisted living facilities, and hospice facilities must stay apprised and
comply with the applicable directives and guidelines issued by the Department
of Health in consultation with the Aging and Long-Term Services Department,
which are available on the NMDOH website.
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 shall take effect
immediately and remain in effect until amended or rescinded by the Secretary.
ATTEST:
DONE AT THE EXECUTIVE OFFICE
THIS 19TH DAY OF DECEMBER 2022
/ S
/
WITNESS MY HAND AND THE GREAT
MAGGIE TOULOUSE OLIVER SEAL OF
THE STATE OF NEW MEXICO
SECRETARY OF STATE
/ S /
DAVID
R. SCRASE, M.D.
ACTING SECRETARY OF THE
NEW MEXICO DEPARTMENT OF HEALTH