FAQ: What you need to know about New Mexico’s Public Health Emergency Order

Coronavirus Resources

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.


Public Health Executive Order Extended to September 15, 2021


(1) Beginning Friday August 20, 2021, unless a healthcare provider instructs otherwise, all individuals age 2 years and older shall wear a mask or multi-layer cloth face covering in all indoor public settings 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. The masking provision in Section (1) of the July 30, 2021 Public Health Order shall remain in effect until Friday August 20, 2021.

(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, establis1nnents, 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, establis1nnents, and non-profit entities must adhere to the pertinent COVID-Safe Practices.

(4) 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 in­person instruction contained in the New Mexico’s Public Education Department’s “Reentry Guidance” and “COVID-19 Response Toolkit for New Mexico’s Public Schools,” available at https://webnew.ped.state.mn.us/reentry-district-and-school-guidance/, and may operate up to maximum capacity. Private educational institutions shall follow the reporting, testing, and closure requirements set forth by the Public Education Department in the Reentry Guidance and COVID- 19 Response Toolkit for New Mexico’s Public Elementary Schools.

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.


Any and all State of1icials authorized by the Department of Health may enforce this Order by issuing a citation of violation, which may result in civil administrative penalties ofup to $5,000 for each violation under NMSA 1978, Section 12-I0A-19.

Copyright 2021 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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