PHO thru Nov. 30: New Mexico Public Health Emergency Order

Coronavirus Resources

Governor Michelle Lujan Grisham and the New Mexico Department of Health announced the Public Health Emergency Order March 11. That order has been extended through November 30, 2020. All New Mexicans should be staying in their homes for all but the most essential activities and services. When New Mexicans are not in their homes, they must strictly adhere to social distancing protocols and wear face coverings to minimize risks.

Updates to the current order are highlighted below

Additional COVID-19 Information

Official Public Health Order

Beginning November 16, 2020 the following is in place. See Definitions below

(1) Except as provided elsewhere in this Order, all “mass gatherings” are hereby prohibited under the powers and authority set forth in the Public Health Act. An indoor or outdoor parade of any sort is a mass gathering; parades are therefore prohibited under this Order.

(2) “Houses of worship” may hold religious services, indoors or outdoors, or provide services through audiovisual means, but may not be used as a venue for non-religious events. “Houses of worship” may not exceed the lesser of 25% of its maximum occupancy, as determined by the relevant fire marshal or fire department, or 75 individuals at any given time.

(3) All businesses and non-profit entities, except those entities defined as “essential businesses,” must reduce the in-person workforce at each business or business location by 100%. “Essential businesses” may remain open, provided they minimize their operations and staff to the greatest extent possible. Further, all “essential businesses” shall comply with the pertinent “COVID-Safe Practices (CSP’s)” section(s) of the “All Together New Mexico: COVID-Safe Practices for Individuals and Employers” and any identified occupancy restrictions. “Essential businesses” identified as a “retail space” must close by 10:00 p.m. and must remain closed until at least 4:00 a.m. Further, “essential businesses” identified as a “retail space” may not exceed the lesser of either 25% of its maximum occupancy, as determined by the relevant fire marshal or fire department, or 75 customers in the business space at any given time. Further, “essential businesses” identified as a “retail space” may not allow a person who is without a mask or multilayer cloth face covering to enter the premises except where that person is in possession of a written exemption from a healthcare provider.

(4) “Food and drink establishments” may not provide any indoor or outdoor dine-in service but may provide carryout service or delivery service, if otherwise permitted by law.

(5) Notwithstanding paragraph (3) all businesses may conduct business operations through telecommuting or otherwise working remotely if employees do not interact with clients or customers in person. Further, businesses that are not identified as “essential businesses” may operate to the minimum extent necessary to provide curbside pickup and/or delivery of goods to customers if not otherwise prohibited by law to do so.

(6) “Places of lodging” which have completed the NM Safe Certified training offered at https://nmsafecertified.org may operate up to 25% of maximum occupancy. All other “places of
lodging” must close to the extent not being utilized for the purposes of housing healthcare providers who are engaged in the provision of care to New Mexico residents, individuals for extended stays as temporary housing, or individuals who are quarantining. The foregoing groups of individuals shall not be counted for purposes of determining maximum occupancy for “places of lodging.”

(7) This Order does not limit animal shelters, zoos and other facilities with animal care operations from performing tasks that ensure the health and welfare of animals. Those tasks should be performed with the minimum number of employees necessary, for the minimum amount of time necessary, and with strict adherence to all social distancing protocols. Animal grooming services cannot operate under any circumstances.

(8) All outdoor recreational facilities must close.

(9) All state-run museums must remain closed.

(10) All indoor malls must close, except that individual “essential businesses” with separate outdoor entrances may continue to operate to the extent otherwise permitted by this Order.

(11) Private educational institutions serving children and young adults from pre-Kindergarten through 12th Grade, including homeschools serving children who are not household members, shall adhere to the face-covering and other COVID-Safe Practices requirements for in-person instruction described in the document “Reentry Guidance” published by New Mexico’s Public Education Department on June 20, 2020 and as updated from time to time thereafter, and shall operate with a maximum occupancy of 25% of any individual enclosed indoor space, such as any classroom, as determined by the relevant fire marshal or fire department, with the occupancy restriction herein to govern in the event of any discrepancy with the “Reentry Guidance.”

(12) Any “food and drink establishment,” “place of lodging,” “retail space,” or “essential business” (other than those which meet the definition of a healthcare operation, utility, or media service) in which members of the public regularly visit, must immediately close for a period of fourteen (14) days following the occurrence of 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. Notwithstanding this provision, an “essential business” may be permitted to continue operating if the Department of Health, after consultation with the Environment Department, determines that the business is a necessary provider of goods or services within the community in light of geographic considerations.

(13) Unless a healthcare provider instructs otherwise, all individuals shall wear a mask or multi-layer cloth face covering in public settings except when eating or drinking.

(14) All public and private employers are required to comply with this Order and any instructions provided by State departments or agencies regarding COVID-19.

(15) In order to minimize the shortage of health care supplies and other necessary goods, “retail spaces” shall limit the sale of medications, durable medical equipment, baby formula, diapers, sanitary care products, and hygiene products to three items per individual.

Definitions

As used in this Public Health Order, the following terms shall have the meaning given to them, except where the context clearly requires otherwise:

(1) “Essential business” means any business or non-profit entity falling within one or more of the following categories:

a. Health care operations including hospitals, walk-in-care health facilities, pharmacies, medical wholesale and distribution, home health care workers or aides for the elderly, emergency dental facilities, nursing homes, residential health care facilities, research facilities, congregate care facilities, intermediate care facilities for those with intellectual or developmental disabilities, supportive living homes, home health care providers, drug and alcohol recovery support services, and medical supplies and equipment manufacturers and providers;

b. Homeless shelters, food banks, and other services providing care to indigent or needy populations

c. Childcare facilities

d. Grocery stores, supermarkets, food banks, farmers’ markets and vendors who sell food, convenience stores, and other businesses that generate more than one-third of their revenue from the sale of canned food, dry goods, fresh fruits and vegetables, pet food, feed, and other animal supply stores, fresh meats, fish, and poultry, and any other household consumer products

e. Farms, ranches, and other food cultivation, processing, or packaging operations;

f. Infrastructure operations including, but not limited to: public works construction, commercial and residential construction and maintenance, airport operations, public transportation, airlines, taxis, private transportation providers, transportation network companies, water, gas, electrical, oil drilling, oil refining, natural resources extraction or mining operations, nuclear material research and enrichment, those attendant to the repair and construction of roads and highways, gas stations, solid waste collection and removal, trash and recycling collection, processing and disposal, sewer, data and internet providers, data centers, technology support operations, and telecommunications systems;

g. Manufacturing operations involved in food processing, manufacturing agents, chemicals, fertilizer, pharmaceuticals, sanitary products, household paper products, microelectronics/semi-conductor, primary metals manufacturers, electrical equipment, appliance, and component manufacturers, and transportation equipment manufacturers;

h. Services necessary to maintain the safety and sanitation of residences or essential businesses including security services, towing services, custodial services, plumbers, electricians, and other skilled trades;

i. Veterinary and livestock services, animal shelters, and facilities providing pet adoption, grooming, daycare, or boarding services;

j. Media services

k. Automobile repair facilities, bike repair facilities, and retailers who generate the majority of their revenue from the sale of automobile or bike repair products;

l. Utilities, including their contractors, suppliers, and supportive operations, engaged in power generation, fuel supply and transmission, water and wastewater supply;

m. Hardware stores;

n. Laundromats and dry cleaner services;

o. Funeral homes, crematoriums and cemeteries;

p. Banks, credit unions, insurance providers, payroll services, brokerage services, and investment management firms;

q. Businesses providing mailing and shipping services;

r. Laboratories and defense and national security-related operations supporting the United States government, a contractor to the United States government, or any federal entity;

s. Professional services, such as legal or accounting services, but only where necessary to assist in compliance with legally mandated activities; and

t. Logistics, and also businesses that store, transport, or deliver groceries, food, materials, goods or services directly to residences, retailers, government institutions, or essential businesses.


(2) “Close-contact business” includes barbershops, hair salons, gyms, group fitness classes, tattoo parlors, nail salons, spas, massage parlors, esthetician clinics, tanning salons, guided raft tours, guided balloon tours, gyms, and personal training services.


(3) “Food and drink establishments” include restaurants, breweries, wineries, distillers, cafes, coffee shops, or other similar establishments that offer food or drink. For purposes of this section, “breweries” are those businesses licensed pursuant to NMSA 1978, § 60-6A-26. l (2019); “distillers” are those businesses licensed pursuant to NMSA 1978, § 60-6A-1 (2019); and “wineries” are those businesses licensed pursuant to NMSA 1978, § 60-A-11 (2019).


(4) “Houses of worship” means any church, synagogue, mosque, or other gathering space where persons congregate to exercise their religious beliefs


(5) “Close-contact recreational facilities” include indoor movie theaters, museums, bowling alleys, miniature golf, arcades, amusement parks, aquariums, casinos, concert venues, sports venues, event venues, bars, dance clubs, performance venues, go-kart courses, automobile racetracks, adult entertainment venues, and other places of recreation or entertainment. For purposes of this section, a “bar” is defined as any business that generated more than half of its revenue from the sale of alcohol during the preceding fiscal year.


(6) “Outdoor recreational facilities” include outdoor golf courses, public swimming pools, outdoor tennis courts, summer youth programs, youth livestock shows, horse-racing tracks, botanical gardens, outdoor zoos, and New Mexico state parks.


(7) “Places of lodging” means all hotels, motels, RV parks, and short-term vacation rentals


(8) “Retail space” means any business identified in the categories above: l(d), (l)k, (l)m, and (l)n.


(9) “Mass gathering” means any public gathering, private gathering, organized event, ceremony, parade, organized amateur contact sport, or other grouping that brings together more than five (5) individuals in a single room or connected space, confined outdoor space or an open outdoor space. “Mass gathering” does not include the presence more than ten (10) individuals where those individuals regularly reside. “Mass gathering” does not include individuals who are public officials or public employees in the course and scope of their employment.


(10) “COVID-Safe Practices” (“CSPs”) are those directives, guidelines, and recommendations for businesses and other public operations that are set out and memorialized in the document titled “All Together New Mexico: COVID-Safe Practices for Individuals and Employers“.


Required COVID-Safe Practices for all Employers:

  • Make hand-washing, sanitizer, and other hygiene support available to employees
  • Screen employees before they enter the workplace each day (verbally or with a written form or app) – send employees home who are experience COVID-19 symptoms
  • Prohibit employees with known close contact to a person who is lab-confirmed to have COVID-19 to remain to work until the end of the 14-day self-isolation period
  • Minimize non-essential travel – adhere to all CDC guidelines and state orders regarding isolation following out-of-state travel
  • Adhere to all CDC and OSHA guidelines


New Mexico Coronavirus Resource Guide

Copyright 2020 Nexstar Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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