PHO: New Mexico Vaccine Public Health Order

Coronavirus Resources

NEW MEXICO (KRQE) – Tuesday, State Officials amended the current Public Health Order to include requirements on vaccinations.


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

The Order took effect on August 20, 2021, and remains in effect through October 15, 2021. However, it can be renewed.


Related

[1] All school workers in any private school, public school, or charter school who are not fully vaccinated against COVID-19 or are unwilling to provide proof of vaccination to their respective supervisors shall

[a.] Provide adequate proof that the school worker has tested negative for COVID-19 on a weekly basis; and

[b.] Wear a mask or multilayer cloth face covering at all times indoors during the course and scope of their employment except when eating or drinking. An unvaccinated school worker will only be exempt from wearing a mask indoors if adequate proof is provided that the school worker has been instructed otherwise by a licensed healthcare provider.

[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. If an individual does not qualify for an exemption, the individual shall:

[a.] Receive the first dose of a COVID-19 vaccine within 10 days of the effective date of this Order and their second dose within 40 days of their first dose of a COVID-19 vaccine; and

[b.] Provide proof of vaccination to the appropriate person or supervisor:

  • i. Hospital workers and congregate care facility workers shall provide proof of vaccination or exemption to their respective supervisors.
  • ii. Contractors who are hospital workers shall provide proof of vaccination to the operator of the hospital in which the contractor provides on-site services.
  • iii. 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 may be exempt from the COVID-19 vaccination requirement set forth above if they have a qualifying medical condition which immm1ization would endanger their health, or they are entitled lJ1lder 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. 

[a.] 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;

[b.] 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 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

[c.] 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 Michell Lujan Grisham detennines a worker to have met the requirements of an exemption pursuant to Section (4), the unvaccinated exempt worker shall: 

[a.] Provide adequate proof that the individual has tested negative for COVID- 19 on a weekly basis; and

[b.] 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 instrncted 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 records regarding a worker’s vaccination or exemption status shall be provided to the Department of Health promptly upon request. 

[7] Hospital workers, congregate care facility workers, and employees of the Office of the Governor Michelle Lujan Grisham shall provide proof of vaccination or records of their exemption status to the Department of Health if requested. 

New Mexico State Fair Directives

(8) All persons who are eligible to receive a COVID-19 vaccine and enter the grounds of the New Mexico State Fair from September 9-19, 2021 must provide adequate proof of being fully vaccinated against COVID-19 to a State Fair official unless the individual qualifies for an exemption. A person may be exempt from the COVID-19 vaccination requirement set forth in this section if they have a qualifying medical condition which immunization would endanger their health, or they are entitled under the ADA, Title VII, or any other applicable law to a disability­related reasonable accommodation or a sincerely held religious belief accommodation. Nothing in this Order precludes the New Mexico State Fair from providing disability-related reasonable accommodations and religious accommodations to the requirements of this Order as required by law. The requirements for an exemption are as follows: 

[a.] To be eligible for an exemption due a qualifying medical condition, the individual must provide a State Fair official 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;

[b.] To be eligible for an exemption due to a disability, the individual must provide a State Fair Official 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 

[c.] 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 a State Fair official 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.

[9] If a State Fair official determines an individual entering the grounds of the New Mexico State Fair has met the requirements of an exemption pursuant to Section (8), the unvaccinated individual shall provide adequate proof that they have tested negative for COVID- 19 within 48 hours prior to entering the fair grounds. 

[10] New Mexico State Fair officials shall maintain records of the vaccination or exemption status of all persons entering the grounds New Mexico State Fair in accordance with applicable privacy laws and regulations. The records regarding an individual’s vaccination or exemption status shall be provided to the Department of Health promptly upon request. All individuals entering the grounds of the New Mexico State Fair shall provide proof of vaccination or records of their exemption status and negative test to the Department of Health, if requested. 

Definitions

[1] “Congregate care facility” means nursing homes, assisted living facilities, adult day cares, hospice facilities, rehabilitation facilities, State correctional facilities, juvenile justice facilities, residential treatment centers, the New Mexico State Veterans’ Home, and community homes. 

[2] “Congregate care facility worker” means any paid or unpaid individuals working in a congregate care facility. This includes workers providing services who have the potential for direct or indirect exposure to patients or residents in a congregate care facility. A congregate care facility worker includes contractors who perform services on-site at the congregate care facility. 

[3] “Fully vaccinated” means two weeks after an individual completed the entire recommended series of vaccination with a vaccine approved by the Food and Drug Administration (FDA), including on an emergency use basis, to prevent COVID-19. An individual will be fully vaccinated two weeks after the second dose of the Pfizer-BioNTech or Moderna COVID-19 vaccines. An individual will be fully vaccinated two weeks after a single-dose Johnson and Johnson’s Jassen COVID-19 vaccine. 

[4] “Hospital” means any public hospital, profit or nonprofit private hospital, general hospital, or special hospital. 

[5] “Hospital Worker” means all paid and unpaid individuals who work on-site in a hospital in a setting where care is provided to patients or patients have access for any purpose. This includes workers who have the potential for direct or indirect exposure to patients or COVID- 19 airborne aerosols. Hospital workers include, but are not limited to, nurses, physicians nursing assistants, technicians, therapists, phlebotomists, pharmacists, students and trainees, contractual staff not employed by the hospital, and persons not directly involved in patient care, but who could be exposed to infection agents that can be transmitted in the hospital ( e.g. clerical, dietary, environmental services, laundry, security, and volunteer personnel). 

[6] “School worker” means all paid and unpaid adults serving in a private school, public school, or charter school. 

[7] “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. 

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

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