[NFB-NM] FW: March 23, 2020 Public health Emergency Order

Wed Mar 25 01:54:40 UTC 2020

Best wishes,

Tonia Trapp, secretary
National Federation of the Blind of New Mexico

From: Trapp, Greg, CFB <Greg.Trapp at state.nm.us> 
Sent: Tuesday, March 24, 2020 10:25 AM
To: 'nfbnewmexicosecretary at gmail.com' <nfbnewmexicosecretary at gmail.com>
Subject: March 23, 2020 Public health Emergency Order

PUBLIC HEALTH ORDER NEW MEXICO DEPARTMENT OF HEALTH CABINET SECRETARY
KATHYLEEN M. KUNKEL

MARCH 23, 2020

Public Health Emergency Order Closing All Businesses and Non-Profit Entities
Except for those Deemed Essential and Providing Additional Restrictions on
Mass Gatherings Due to COVID-19

WHEREAS, on March 11, 2020, because of the spread of the novel Coronavirus
Disease 2019 (“COVID-19”), Michelle 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, COVID-19 continues to spread in New Mexico and nationally. Since,
Executive Order 2020-004 was issued, COVID-19 infections in the United
States have increased from 1,000 confirmed cases to over 30,000 confirmed
cases;

WHEREAS, the further spread of COVID-19 in the State of New Mexico poses a
threat to the health, safety, wellbeing and property of the residents in the
State due to, among other things, illness from COVID-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; and

WHEREAS, social distancing is the sole way New Mexicans can minimize the
spread of COVID-19 and currently constitutes the most effective means of
mitigating the potentially devastating impact of this pandemic in New
Mexico; and

WHEREAS, the New Mexico Department of Health 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 -10,
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, to adopt isolation and quarantine, and
to close public places and forbid gatherings of people when deemed necessary
by the Department for the protection of public health.

NOW, THEREFORE, I, Kathyleen M. Kunkel, Cabinet 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 as invoked through Executive Order 2020-004,
do hereby declare the current outbreak of COVID-19 a condition of public
health importance as defined in the New Mexico Public Health Act, NMSA 1978,
Section 24-1-2(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. 

The following definitions are adopted for the purposes of this Order:

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) “Condition of public health importance” means 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.
(2) “Disease” means an illness, including those caused by infectious agents
or their toxic products which may be transmitted to a susceptible host.
(3) “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, emergency veterinary and livestock services, 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, 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 necessary to provide services to those workers
employed by essential businesses and essential non-profit entities;
d. Grocery stores, all food and beverage stores, supermarkets, food banks,
farmers’ markets and vendors who sell food, convenience stores, and other
businesses that generate the majority 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. All facilities used by law enforcement personnel, first responders,
firefighters, emergency management personnel, and dispatch operators;
g. 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 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, 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;
h. 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;
i. Services necessary to maintain the safety and sanitation of residences or
essential businesses including security services, custodial services,
plumbers, electricians, and other skilled trades;
j. Media services including television, radio, and newspaper operations;
k. Gas stations, automobile repair facilities, and retailers who generate
the majority of their revenue from the sale of automobile repair products;
l. Hardware stores;
m. Laundromats and dry cleaner services;
n. Utilities, including their contractors and suppliers, engaged in power
generation, fuel supply and transmission, water and wastewater supply;
o. Funeral homes, crematoriums and cemeteries;
p. Banks, credit unions, insurance providers, payroll services, brokerage
services, and investment management firms;
q. Real estate services including brokers, title companies, and related
services.
r. Businesses providing mailing and shipping services, including post office
boxes;
s. Laboratories and defense and national security-related operations
supporting the United States government or a contractor to the United States
government;
t. Restaurants, but only for delivery or carry out and local breweries or
distillers but only for carry out;
u. Professional services, such as legal or accounting services, but only
where necessary to assist in compliance with legally mandated activities;
and
v. Logistics and businesses that store, ship or deliver groceries, food,
goods or services directly to residences or retailers. 

(4) “Individuals” means natural persons.
(5) “Gathering” means any grouping together of individuals in a single
connected location.
(6) “Mass gathering” means any public or private gathering that brings
together five (5) or more individuals in a single room or connected space,
confined outdoor space or an open outdoor space where individuals are within
six (6) feet of each other, but does not include the presence of five (5) or
more individuals where those individuals regularly reside. “Mass gathering”
does not include “individuals” congregated in a church, synagogue, mosque,
or other place of worship.

I HEREBY DIRECT AS FOLLOWS:
(1) All Mass Gatherings are hereby prohibited under the powers and authority
set forth in the New Mexico Public Health Act, and all regulations
promulgated pursuant thereto.
(2) All businesses, except those entities identified as “essential
businesses”, are hereby directed to 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, to the greatest
extent possible, adhere to social distancing protocol and maintain at least
six-foot social distancing from other individuals, avoid person-to-person
contact, and direct employees to wash their hands frequently. Further, all
essential businesses shall ensure that all surfaces are cleaned routinely.
(3) This Order only requires the closure of physical office spaces, retail
spaces, or other public spaces of a business and does not otherwise restrict
the conduct of business operations through telecommuting or otherwise
working from home in which an employee only interacts with clients or
customers remotely.
(4) All casinos and horse racing facilities shall close during the pendency
of this Order. This directive excludes those casinos operating on Tribal
lands.
(5) Hotels, motels, RV parks, and other places of lodging shall not operate
at more than fifty percent of maximum occupancy. Health care workers who are
engaged in the provision of care to New Mexico residents or individuals
utilizing lodging facilities for extended stays or as temporary housing
shall not be counted for purposes of determining maximum occupancy.
(6) All call centers situated in New Mexico are directed to reduce their
in-person workforce by 100%.
(7) The New Mexico Department of Public Safety, the New Mexico Department of
Homeland Security and Emergency Management, the Department of the
Environment, and all other State departments and agencies are authorized to
take all appropriate steps to ensure compliance with this Order.
(8) All public and private employers are required to comply with this Order
and any instructions provided by State departments or agencies regarding
COVID-19.
(9) In order to minimize the shortage of health care supplies and other
necessary goods, grocery stores and other retailers are hereby directed to
limit the sale of medications, durable medical equipment, baby formula,
diapers, sanitary care products, and hygiene products to three items per
individual. NMSA 1978, § 12-10A-6 (2012).

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 importance shall not abrogate any
disease-reporting requirements set forth in the New Mexico Public Health
Act.
(3) This Order shall remain in effect for the duration of Executive Order
2020-004. This Order may be renewed consistent with any direction from the
Governor.

I FURTHER ADVISE the public to take the following preventive precautions:
New Mexico citizens should stay at home and undertake only those outings
absolutely necessary for their health, safety, or welfare.
Retailers should take appropriate action consistent with this order to
reduce hoarding and ensure that all New Mexicans can purchase necessary
goods.
Avoid crowds.
Avoid all non-essential travel including plane trips and cruise ships.

THIS ORDER amends the Public Health Emergency Order to Limit Mass Gatherings
Due to COVID-19 issued on March 19, 2020, supersedes any other previous
orders, proclamations, or directives in conflict.
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