New Mexico Register / Volume XXXIII,
Issue 16 / August 23, 2022
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT OF HEALTH
ACTING SECRETARY DAVID R. SCRASE, M.D.
August 12, 2022
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 August 26, 2022;
WHEREAS, confirmed cases
in the United States have risen to more than 93 million and confirmed COVID-19
infections in New Mexico have risen to over 596,000;
WHEREAS,
COVID-19 is a deadly virus and has taken the lives of over I million Americans
and over 8,200 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 COVlD-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,
the need to provide statewide non-congregate sheltering for first responders,
essential personnel and certain vulnerable populations who have tested positive
for COVID-19 remains, and the state desires to continue providing
non-congregate sheltering for such populations and seek reimbursement from the
Federal Emergency Management Administration ("FEMA") for all such
costs associated therewith;
WHEREAS, 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; the effectiveness of these new tools and
practices warrant the lifting of certain restrictions placed upon the State;
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 COYID-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 1
above.
(3) Any paid or unpaid individuals working in State correctional facilities are required to be vaccinated
against COVID-19 unless they qualify for an exemption.
a. This section applies to individuals
providing services who have the potential for direct or indirect exposure to
inmates in a State correctional facility. This section also applies includes contractors
who perform services on-site at a correctional facility.
b. "Vaccinated" for this
order means completing the primary series of a COVID- 19 vaccination. The primary series of vaccination occurs after
an individual completes the entire recommended series of a COVID-19 vaccine
approved by the Food and Drug Administration (FDA), including on an emergency
use basis, to prevent COVID-19. An
individual will complete the primary series of vaccination two weeks after the
second dose of the Pfizer-BioNTech, Moderna, or Novavax COVID-19 vaccines. An individual will complete the primary series
of vaccination two weeks after a single-dose Johnson and Johnson's Jassen COVID-19 vaccine.
c. "Qualifying medical
condition" means a permanent or temporary medical condition recognized by
the FDA or Centers for Disease Control and Prevention ("CDC") as a
contra-indication to COVID-19 vaccination.
d. The individuals subject to Section
(3) of this Order may be exempt from the COVID-19 vaccination requirement set
forth above if they have a qualifying medical condition which immunization
would endanger their health, or they are entitled under the Americans With
Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII),
or any other applicable law to a disability-related reasonable accommodation or
a sincerely held religious belief accommodation. Nothing in this Order precludes the entities
which employ or contract with these workers from providing disability-related
reasonable accommodations and religious accommodations to the requirements of
this Order as required by law.
i. To be
eligible for an exemption due a qualifying medical condition, the individual
must provide their employer or operator of the State correctional facility they
contract with a statement from a physician, nurse practitioner, or other medical
professional licensed to practice in New Mexico stating that the individual
qualifies for the exemption and indicating the probable duration of the
individual's inability to receive the vaccine;
ii. To be eligible for an exemption due
to a disability, the individual must provide their employer or the operator of
the State correctional facility they contract with
accommodation documentation from a physician, nurse practitioner, or other
medical professional licensed to practice in New Mexico stating that the
individual has a disability that necessitates an accommodation and the probable
duration of the need for the accommodation; or
iii. To be eligible for an exemption due
to a sincerely held religious belief, the individual must document that the
request for an accommodation has been made and provide their employer or the
operator of the State correctional facility they
contract with a statement regarding the manner in which the administration of a
COVID-19 vaccine conflicts with the religious observance, practice, or belief
of the individual.
e. Individuals subject to Section (3)
of this Order shall provide proof of vaccination or exemption to their
respective supervisors.
(4) 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.
(5) 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.
(6) 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/20l9-ncov/your-health/quarantine-isolation.html.
(7) 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/coronavirus/20l9-ncov/community/workplaces-businesses/index.html.
These same entities are also recommended
to follow the CDC Guidance for Specific industries and Occupations which can be
accessed here: https://www.cdc.gov/coronavirus/2019-
ncov/community/workplaces-businesses/specific-industries.html.
Businesses, establishments, and
non-profit entities are further recommended to adhere to CDC guidance for
Cleaning and Disinfecting Your Facility. This guidance may be accessed via the
following link: https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-faciIity.htmI?CDC
AA refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F20
l9- ncov%2Fcommunity%2Forganizations%2Fcleaning-disinfection.html.
(8) 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.
(9) 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.
(10) 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.
(11) All public responder, State, Local, and Tribal agency
personnel shall continue coordinate with the NMDOH to organize
"non-congregate sheltering" for firefighters, law enforcement,
medical personnel, ambulance and emergency medical response personnel, people
experiencing homelessness, domestic violence victims, and other highly at-risk
persons as identified and approved by NMDOH, including those individuals who
have tested positive for COVID-19 or have been documented as exposed to
positive COVID- 19 persons in the course of their duties and do not require
medical care. All individuals
temporarily quarantined under this order must meet the health and safety
requirements for placement as determined by NMDOH. Alternate medical care sites and temporary
hospitals are not considered non-congregate sheltering. Non-congregate sheltering shall not duplicate
the services provided by another federal agency. NMDOH and the New Mexico Department
of Homeland Security and Emergency Management ("DHSEM") shall send a
statewide non-congregate sheltering request letter to FEMA seeking
reimbursement for expenses of non-congregate sheltering. This statewide effort continues to reduce the
burden on State, Local and Tribal jurisdictions to independently develop
approval for non-congregate sheltering.
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 impo1tance 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 or state agencies from enacting more stringent restrictions
than those required by the Order.
(4) This Order shall take effect immediately and remain in
effect until amended or rescinded by the Secretary.
(5) NMDOH, the New Mexico Department or Public Safety, DHSEM,
and all other State departments and agencies are authorized to take all
appropriate steps to ensure compliance with th.is Order.
(6) Any and all State officials authorized by the Department
of Health may enforce this 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 12-10A-19.
ATTEST:
DONE
AT THE EXECUTIVE OFFICE
THIS 12TH DAY OF AUGUST 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