The purpose of the amended Public Health Emergency Order is to further restrict business operations and public gatherings to mitigate the spread of the coronavirus in New Mexico. The initial public health emergency order was announced on March 11, 2020.
(1) All school workers in any private school, public school, or charter school who (i) are not fully vaccinated against COVID-19; (ii) have not received a booster dose, if eligible according to the FDA, by January 17, 2022, or within four weeks of becoming eligible; and/or (iii) are unwilling to provide proof of such vaccination to their respective supervisors shall:
- Provide adequate proof that the school worker has tested negative for COVID-19 on a weekly basis; and
(2) All private schools, public schools, and charter schools shall maintain records of school worker vaccination status in accordance with applicable privacy laws and regulations. The records regarding a worker’s vaccination status shall be provided to the Department of Health promptly upon request.
(3) All hospital workers, congregate care facility workers, and employees of the Office of the Governor Michelle Lujan Grisham are required to be fully vaccinated against COVID-19 unless they qualify for an exemption. Further, all such individuals are required to receive a booster dose of the vaccine, if eligible according to the FDA, unless they qualify for an exemption. If an individual does not qualify for an exemption, the individual shall:
- Complete their primary series of vaccination by October 6, 2021, and, if eligible, receive a booster dose no later than January 17, 2022, or within four weeks of becoming eligible; and
- Provide proof of vaccination to the appropriate person or supervisor:
- Hospital workers and congregate care facility workers shall provide proof of vaccination or exemption to their respective supervisors.
- Contractors who are hospital workers shall provide proof of vaccination to the operator of the hospital in which the contractor provides on-site services.
- Employees of the Office of Governor Michelle Lujan Grisham shall provide proof of vaccination to the Chief Operations Officer.
(4) The workers subject to Section (3) of this Order maybe 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.
- To be eligible for an exemption due a qualifying medical condition, the individual must provide their employer or operator of the 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;
- To be eligible for an exemption due to a disability, the individual must provide their employer or the operator of the hospital or congregate care facility they contract with accommodation docmnentation 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
- 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 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.
(5) If an operator of a hospital, operator of a congregate-care facility, or the Office of Governor Michelle Lujan Grisham determines a worker to have met the requirements of an exemption pursuant to Section (4), the unvaccinated exempt worker shall:
- Provide adequate proof that the individual has tested negative for COVID- 19 on a weekly basis; and
- Wear a mask or multilayer cloth face covering at all times indoors at the hospital or congregate care facility except when eating or drinking. An unvaccinated worker will only be exempt from wearing a mask indoors if adequate proof is provided that the individual has been instructed otherwise by a licensed healthcare provider.
(6) The operator of a hospital, operator of a congregate-care facility, and the Office of Governor Michelle Lujan Grisham shall maintain records of all workers’ vaccination or exemption status in accordance with applicable privacy laws and regulations. If a worker is exempt pursuant to Section (4), then the operator or employer also must maintain records of the worker’s testing results pursuant to Section (5). The operator of a hospital is required to report to the Department of Health the total number of: (i) workers who are subject to this Order: (ii) fully vaccinated workers; (iii) fully vaccinated workers who have received a booster dose; (iv) fully vaccinated workers who are eligible for but not yet received, a booster dose; (v) partially vaccinated workers; (iV) unvaccinated workers; and (vii) unvaccinated workers who have been granted an exemption from the COVI-19 vaccination requirement. The number of hospital workers shall be submitted to the Department of Health’s Hospital Reporting Portal monthly or at an interval to be determined by the Department. The operator of a congregate-care facility shall provide the Department of Health records regarding a worker’s vaccination or exemption status promptly upon request.