New Mexico Register / Volume XXXIII,
Issue 14 / July 26, 2022
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT OF HEALTH
ACTING SECRETARY DAVID R. SCRASE, M.D.
July 15, 2022
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 Certain Public Health
Measures
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"). While vaccines are the most effective method
to prevent the spread of COVID-19, masks, social distancing and self-isolation measures continue to be necessary
to protect New Mexicans who are ineligible to receive a COVID-19 vaccine or who
choose not to receive a vaccine. All New
Mexicans should continue to adhere to social distancing protocols when required
to protect our State as a whole. In
accordance with these purposes, this Order and its exceptions should be narrowly construed
to encourage
New Mexicans continue social distancing
measures.
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Public Health Emergency or until they are amended of rescinded: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. 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;
B. January 8, 2021
Emergency Order Implementing Administration and Reporting Requirements for All
COVID-19 Vaccine Providers;
C. April 5, 2021
Amended Public Health Emergency Order Temporarily Limiting Long-Term Care
Facilities Visitation Due to COVID-19;
D. 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; and
E. December 2, 2021
Amended Public Health Emergency Order Requiring All School Workers Comply with
Certain Health Requirements and Requiring Congregate Care Facility Workers,
Hospital Workers, and Employees of the Office of the Governor Be Fully
Vaccinated and Receive Booster Vaccines.
3. The June 15, 2022 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 Certain Public Health Measures 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 July 29, 2022;
WHEREAS, confirmed cases in the United
States have risen to more than 88.7 million and confirmed COVID-19 infections
in New Mexico have risen to over 575,000;
WHEREAS, COVID-19
is a deadly virus and has taken the lives of over 1,017,000 Americans and over 8,000
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, 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.
I
HEREBY DIRECT AS FOLLOWS:
(1) Unless a healthcare provider
instructs otherwise, all individuals ages 2 years and older shall wear a mask
or multilayer cloth face covering in all public hospitals, profit or nonprofit
private hospitals, general hospitals, special hospitals, nursing homes,
assisted living facilities, adult day cares, hospice facilities, rehabilitation
facilities, residential treatment centers, the New Mexico State Veterans Home,
and community homes except when eating or drinking. 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.
(2) Any business, establishment, or
non-profit (other than those which are a healthcare operation, utility, or
indigent care services) which members of the public regularly visit must report
to the New Mexico Environment Department when there is an occurrence of a rapid
response. The New Mexico Environment
Department shall monitor when an entity has 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.
Businesses, establishments, or
non-profits with four or more rapid responses shall not be required to cease
operations. However, the rapid responses
must be reported to the Environment Department so that the public may be made
aware of the positive cases.
(3) All businesses, establishments, and
non-profit entities must adhere to the pertinent COVID-Safe Practices
(4) Public and private educational
institutions serving children and young adults from pre- Kindergarten through
12th Grade, including homeschools serving children who are not household
members, shall continue to adhere to the face covering requirements contained
in the New Mexico Public Education Departments COVID-19 Response Toolkit for
New Mexico's Public Schools, available at https://webnew.ped.state.nm.us/reentry-district-and-school-guidance/,
until the school district, governing local education agency, or private educational
institution elects otherwise. Public and
private educational institutions shall adhere to the other COVID-Safe Practices
requirements for in-person instruction contained in the COVID-19 Response
Toolkit for New Mexicos Public Schools 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 Mexicos Public Schools.
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 immediately and remain in effect
through August 14, 2022.
(5) The New Mexico Department of Health,
the New Mexico Department of Public Safety, the New Mexico Department of
Homeland Security and Emergency Management, 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 NMSA 1978, Section 12-l0A-19.
ATTEST:
DONE AT THE EXECUTIVE OFFICE
THIS 15TH DAY OF JULY 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