New Mexico: State-by-State COVID-19 Guidance

Please note: As of April 15, 2021 we are no longer doing regularly scheduled updates to this page.

April 5, 2021:

On April 5, 2021, the New Mexico Department of Health announced that all residents ages 16 and older are now eligible for the COVID-19 vaccine. Residents can register for vaccination here.

March 25, 2021:

On March 24, 2021, the New Mexico Department of Health announced an update on the statewide COVID-19 map showing that more counties are approaching the Green Level, which has the least COVID-19 restrictions. Currently, 13 counties are at the Turquoise Level, 10 counties are at the Green Level, 10 counties are at the Yellow Level, and no counties are at the Red Level.

March 11, 2021:

On March 11, 2021, the New Mexico Department of Health announced an update to the state’s vaccine distribution priorities. The state is now prioritizing residents age 60 and older who suffer from a chronic condition that elevates the risk of COVID-19 complications. The state did not make any other changes to vaccine eligibility, and a full list of those currently eligible for the vaccine can be found here.

February 15, 2021:

On February 13, 2021, the state explained that the current COVID-19 restrictions on lodging capacity are not in effect during times of extreme weather and road closures. Additionally, although the COVID-19 restrictions are suspended during these events, citizens must still adhere to occupancy limits that are set by local fire marshals. All other COVID-19 restrictions remain in place.

January 27, 2021:

On January 27, the New Mexico Department of Health announced that twenty-eight of the state’s counties showed improvements based on the statewide COVID-19 map. Based on these improvements, seven of the state’s counties have reached Yellow Level restrictions, and one county has reached Green level restrictions.

January 26, 2021:

On January 16, the New Mexico Department of Health reiterated that vaccine distribution will occur according to the Vaccine Allocation Plan outlined here. The state is currently in Phase 1B of their COVID-19 vaccine distribution. The groups currently eligible for vaccine are as follows:

• Hospital Personnel
• Residents and staff of long-term care facilities
• Medical first responders
• Congregate setting workers
• Persons providing direct medical care and other in-person services
• Home-based health care and hospice workers
• People 75 or older
• People 16 or older that are at risk of COVID-19 complications

New Mexicans who seek to be vaccinated are encouraged to register with the New Mexico Department of Health.

January 11, 2021:

All of but one of New Mexico’s 33 counites remain subject to the restrictions on social and economic activity imposed by Level Red of the Red to Green Framework. At the end of 2020, New Mexico Department of Health extended the Red to Green Framework and related guidance for businesses and private activities through an amended Public Health Order, which expires on January 29, 2021. Likewise, Governor Grisham issued Executive Order 2021-001 on January 8, 2021, which extends all Executive Orders issued in response to the pandemic to February 5, 2021.

December 7, 2020:

New Mexico joined the growing list of states employing a tiered, county-by-county approach to imposing and lifting restrictions on social and economic activity. The “Red to Green” framework, implemented through December 2, 2020 Public Health Order, creates three levels that govern a county’s operations: Green Level, Yellow Level, and Red Level.

The Red Level is the most restrictive. A county’s designation in the various levels depends upon whether it can satisfy the applicable level’s threshold criteria for case rates and average percent positivity. At present, 32 of the State’s 33 counties are subject Red Level restrictions.

Red Level imposes the following operational restrictions:

• Essential businesses (non-retail): no capacity restrictions but must limit operations to only those absolutely necessary to carry out essential functions;
• Essential retail spaces: 25% of maximum capacity or 75 customers at one time, whichever is smaller;
• Food and drink establishments: no indoor dining permitted; 25% of maximum capacity for outdoor dining; any establishment serving alcohol must close by 9:00 p.m. each night;
• Close-contact businesses: 25% of maximum capacity or 10 customers at one time, whichever is smaller;
• Outdoor recreational facilities: 25% of maximum capacity (unless required to have less capacity under the state’s COVID-Safe Practices);
• Close-contact recreational facilities: remain closed;
• All other businesses: 25% of maximum capacity or 75 customers at one time, whichever is smaller;
• Houses of worship: may hold religious services, indoors or outdoors, or provide services through audiovisual means, but may not exceed 25% of the maximum capacity of any enclosed space on the premises;
• Places of lodging: 40% of maximum occupancy for those that have completed NM Safe;
• Certified training; 25% of maximum occupancy for all others; 5 guests maximum for vacation rentals; and
• Mass gatherings limit: 5 persons, 10 vehicles.

Further, regardless of a county’s level designation, all residents must continue to wear facemasks in public and businesses and nonprofits must adhere to the State’s COVID-Safe Practices.

November 16, 2020:

New Mexico joined the growing chorus of states re-imposing lockdowns on their populations as COVID-19 infection rates and hospitalizations rapidly increase. On November 13, the New Mexico Department of Health revised its standing Public Health Order to impose stay-at-home restrictions similar to those employed at the start of the pandemic. These restrictions took effect on November 13 and will continue until November 30.

Under the revised order, residents are strongly encouraged to stay at home and all gatherings of five or more individuals from different households—whether the gathering occurs indoors or outdoors—are prohibited. Further, all businesses and non-profit entities, except those entities defined as “essential businesses,” must reduce their in-person workforce by 100%. “Food and Drink Establishments” (e.g., restaurants, cafes, breweries) must also cease all indoor and outdoor dine-in service, though they may continue to provide carryout or delivery service.

The Order defines essential businesses as any business or non-profit entity falling within one or more of the numerous categories listed in the order, including: certain health care organizations; indigent care services; childcare facilities; grocery and food and beverage stores; food cultivation, processing, or packaging operations; infrastructure operations (including construction); manufacturing operations; security and sanitation services; media services; gas stations and automobile repair facilities; hardware stores; laundromats and dry cleaners; utilities; funeral homes; banks and other financial service providers; real estate services; and mail and shipping services.

The following business sectors are also subject to new restrictions under the revised order:

• Retail Spaces: An essential business identified as a “retail space” may not exceed either 25% of the maximum occupancy as determined by the relevant fire marshal or more than 75 customers in the business space at any given time, whichever is less, and must close by 10:00 p.m.;
• Close-Contact Businesses: Barbershops, hair salons, gyms, group fitness classes, tattoo parlors, among others, must reduce their in-person workforce by 100%;
• Places of Lodging: Hotels, motels, RV parks, and short-term vacation rentals that have completed the N.M. Safe Certified training offered at nmsafecertified.org may operate up to 25% of maximum occupancy, while others must remain closed; and
• Outdoor Recreational Facilities: Golf courses, public swimming pools, outdoor tennis courts, ski basins, youth programs, among others, must close.

November 5, 2020:

As the State responds to the recent rise in COVID-19 cases, Governor Grisham confirmed the mandatory quarantine measures imposed on those traveling to New Mexico and extended the New Mexico’s COVID-19-related state of emergency. The New Mexico Department of Health (“Department”) also revised its Public Health Order to impose new virus-mitigation measures.

Under Executive Order 2020-075, all individuals entering the State from any state with a test positivity rate exceeding 5 percent or a test positivity rate higher than 80 per 100,000 residents must self-quarantine for 14 days. Excepted from this mandate are those employed by essential businesses, healthcare workers, and teachers, among others. However, any person who leaves or enters the State for matters unrelated to their employment remain subject to the mandatory-quarantine restriction. This order remains in effect until the state of emergency is lifted or extended on November 13, 2020, as required by Executive Order 2020-073.

The Department’s revised Public Health Order imposes the following restrictions on commercial activities:

• Businesses that incur four rapid responses—which occur when an employer reports, as required, an incidence of COVID-19 in the workplace to the state Environment Department, which oversees state occupational health and safety efforts—over a two-week period will be required to close for two weeks.

• This closure requirement will apply to food and drink establishments, close-contact businesses, retail spaces and places of lodging.

• All retail establishments must close by 10 p.m. each night, in alignment with the State’s requirement that food and drink establishments serving alcohol must close by 10 p.m.

• Retail establishments are defined in the public health order as businesses selling goods or services directly to a customer and include grocery stores and “big box” stores.

• Food and drink establishments that complete the New Mexico Safe Certification training program, which educates workers about the state’s required and recommended COVID-Safe Practices, may continue to offer limited indoor dining at a maximum of 25 percent occupancy as of Friday, Oct. 30. Food and drink establishments that are not New Mexico Safe Certified as of Friday, Oct. 30, may continue to provide outdoor dine-in service at 75 percent of maximum occupancy with tables at least six feet apart among other required COVID-Safe Practices but may not provide indoor dine-in service.

• Restaurants wishing to continue limited indoor dining must consent, as part of the certification program, to spot testing of employees by the Department. The Department will apparently prioritize spot-testing for establishments in high-risk counties where the spread of the virus is greatest.

• Restaurants wishing to continue limited indoor dining must require customers who dine on-site to list their name and contact information in a logbook and retain the information for no less than three weeks, to assist state regulators in contact-tracing efforts. Previously, this contribution to contact-tracing efforts was only recommended as part of the state’s COVID-Safe Practices.

The order also closes state museums and historical sites. It remains in effect until November 13, 2020.

October 21, 2020:

In response to a spike in cases over the first part of October, the Department of Public Health tightened restrictions on social and economic activity through an amended Public Health Order. Under the order, food or drink establishments serving alcohol must close at 10:00 p.m. Mass gatherings are once again limited to no more than five individuals, which includes public and private gatherings and organized events, and hotel occupancy restrictions have been reduced from 75% of maximum occupancy to 60%. These restrictions will remain in effect until November 13, 2020.

Governor Grisham also issued Executive Order 2020-072, which eliminates an exemption from the State’s mandatory self-quarantine measures for certain visitors. Previously, individuals from “higher-risk states” or those states with a test positivity rate exceeding 5 percent and a test positivity rate higher than 80 per 100,000 residents could avoid a mandatory 14-day quarantine by testing negative for COVID-19 within 72 hours of their arrival. With the removal of that exemption, all individuals arriving from states meeting the above criteria must quarantine for 14 days.

September 22, 2020:

Late last week, Governor Grisham and the New Mexico Department of Public Health issued orders extending the State’s proclaimed public health emergency until October 16, 2020, and lessening restrictions on certain outdoor activities.

The amended Public Health Order authorizes the following activities:

• Youth sports conditioning and skills development, with no more than 10 individuals in any one group, in accordance with COVID-Safe Practices;
• Pick-your-own pumpkin patches that operate in accordance with COVID-Safe Practices for agri-tourism businesses;
• Swimming pools may allow 10 individuals in a pool at any one time; and
• Ice skating rinks may operate for athletic training and practice by reservation only.

The order remains in effect until October 16, 2020.

September 8, 2020:

The New Mexico Department of Public Health issued a revised Public Health Order effective September 4, 2020. The order allows “places of lodging,” which includes all hotels, motels, RV parks, and short-term vacation rentals, to increase their maximum occupancy from 50% to 75% of their maximum occupancy. To operate at this increased capacity, places of lodging must undergo the State’s safe-certified training program. The public health order expires on October 2, 2020.

Governor Grisham also revised the State’s existing quarantine mandate for all persons entering New Mexico. Under Executive Order 2020-063, individuals arriving from a state with a positive test rate higher 80 per 1,000,000 residents or a test positivity rate greater than or equal to 5%, over a seven-day rolling average, or from outside the United States must self-quarantine for 14 days. If, however, the individual can provide a negative test result taken within 72 hours before or after their arrival, then that individual is not subject to the self-quarantine requirement. Individuals arriving from a state that with test positivity rates that are below the above thresholds are advised to self-quarantine for 14 days. The order remains in effect until rescinded.

The mandatory self-quarantine does not apply to the following:

• Persons employed by airlines;
• Persons performing public safety or public health functions;
• Military personnel and their dependents;
• Federal employees;
• Persons employed by a federal agency or national defense contractor;
• Emergency first responders and health care workers;
• Persons arriving in the state pursuant to a court order;
• Persons who are employed or contracted by an essential business, as defined in the state’s operative emergency public health order, who are traveling into New Mexico to conduct business activities;
• New Mexico residents who have left the state for less than 24 hours for matters attendant to parenting responsibilities; and
• New Mexico residents who have left the state to obtain medical care.

September 3, 2020:

New Mexico Department of Public Health issued a revised Public Health Order on August 27, 2020. The order modifies the Department’s prior order in several key respects, which moderately lessen the restrictions on houses of worship, restaurants, and mass gatherings. The order remains in effect until September 18, 2020.

The revised order authorizes the following business and social activities:

• Houses of worship may now operate at 40 percent of maximum occupancy of any enclosed building, an increase from 25 percent, in accordance with COVID-Safe Practices;

• Food and drink establishments (including restaurants, breweries, wineries, distillers, cafes, coffee shops or other similar establishments) may provide indoor dining service at 25 percent of maximum occupancy, in accordance with COVID-Safe Practices; tables – inside or outside – must be spaced at least six feet apart, and no more than six patrons are permitted at a single table;

• Museums with static displays may operate at 25 percent capacity, while museums with interactive and/or immersive displays must remain closed, museums; and

• Mass gatherings of more than 10 individuals are prohibited.

August 17, 2020:

Governor Grisham issued a new order on August 13 providing new funding to the Department of Homeland Security and Emergency Management (DHSEM). This new order directs $750,000 to be made available to DHSEM for emergency disaster relief.

August 10, 2020:

The New Mexico Department of Public Health updated its COVID-19 guidance and restrictions on July 30. The guidance now categorizes wineries, breweries, and distilleries with restaurants. These establishments are prohibited from providing indoor service, but are allowed to provide outdoor service where tables are six feet apart and no more than six patrons are seated at one table. Additionally, places of worship and “close-contact business”—including barbershops, hair salons, gyms, and spas—may continue to maintain indoor operations so long as they remain at 25% capacity. But close-contact recreational facilities—such as bars, movie theaters, museums, bowling alleys, and arcades—must remain closed. A “bar” is defined as “any business that generated more than half its revenue from the sale of alcohol during the preceding fiscal year.” Face coverings must continue to be worn when travelling outside of homes as well. The order is effective through August 28.

August 6, 2020:

Governor Grisham signed two new executive orders in the past week. On July 30, the Governor signed an order extending the effective date of several previous orders to August 28, 2020. The orders: continue the declaration of a public health emergency; direct the closing of public schools; instruct the Motor Vehicle Division and the Department of Revenue to waive all late fees under the Motor Vehicle Code; and commute the sentences of qualified incarcerated persons and directing their release. In addition, the Governor signed Executive Order 2020-056 on August 6, 2020, which requires persons travelling in New Mexico from out of state or those who left the State for vacation to self-quarantine or isolate for 14 days once entering the State unless otherwise excepted.

July 27, 2020:

The New Mexico Department of Education recently updated its guidance for re-opening the State’s schools. Under the guidance, schools will not be able to resume in-person instruction until at least September 8. The guidance “reflect[s] the change in the state’s overall COVID-19 trajectory and continued steady rise in the spread of the virus around the state.”

July 13, 2020:

The New Mexico Department of Health issued a Public Health Emergency Order today reenacting certain public health restrictions that the State previously rolled back as part of its re-opening plan. The new guidance prohibits all indoor dining and operations at restaurants and breweries, which had been permitted to operate at limited capacity since June 1 and June 15, respectively. Patio and outdoor services may continue at a maximum of 50% capacity, in addition to take-out and curbside services. Finally, close-contact businesses—including gyms, tattoo parlors, and salons—must limit operations to 25% of their maximum capacity. This Order is effective through July 30, 2020.

June 24, 2020:

The New Mexico Legislature adjourned its 2020 Special Session on Monday night, after passing a new budget and several pandemic response bills including a tax relief bill for businesses, HB 4 the Small Business Recovery Act of 2020. The revised budget proposes to cut nearly 2.4 billion in capital outlays, roads, infrastructure projects, and early education programs.

June 15, 2020:

Effective June 15, breweries were permitted to resume indoor and outdoor operations under the New Mexico Department of Health’s revised Public Health Order, issued late last Friday. The order, which excludes bars, permits breweries to resume outdoor and indoor operations, subject to the State’s COVID-Safe Practices standards for restaurants and the following restrictions:

• indoor and outdoor occupancy is limited to 50% of the maximum occupancy permitted by fire code;
• ensure that there is at least six feet of distance between tables;
• limit patrons to six at any single table;
• no bar or counter seating is permitted; and
• all patrons must be seated at tables.

The order remains in effect until June 30, 2020.

June 1, 2020:

Today, the New Mexico Department of Health extended the State’s stay-at-home order to June 30, 2020. The revised Public Health Order (“Order”) eases a number of additional restrictions on restaurants, retail businesses, exercise facilities, pools, and places of lodging.

Under the Order, restaurants may now provide indoor dine-in services. Just last week, restaurants were permitted to begin only outdoor dine-in services. Indoor operations must adhere to the same restrictions imposed on outdoor dining, including limiting capacity to 50% of the space’s maximum occupancy, maintaining six-foot distancing between tables, and limiting the number of patrons to six per table. Restaurants must continue to abide by the State’s COVID-Safe Practices guidance as well.

Bars and recreational facilities (movie theaters, amusement parks, concert venues), however, must remain closed. Bars are those establishments that derived more that 50% of their revenue in the prior calendar year from the sale of alcoholic beverages.

But for the first time since the pandemic began, gyms and similar exercise facilities, public swimming pools (for lane-swimming and lessons) may resume operations. Those businesses and places of lodging (hotels, motels, and short-term vacation rentals) must restrict occupancy to 50% of the maximum occupancy and implement COVID-Safe Practices.

Further, indoor shopping malls and other retail spaces may now re-open, subject 25% maximum-occupancy restrictions.

In all other respects the Order remains consistent with its prior iterations issued over the course of May.

May 28, 2020:

Governor Lujan generally lifted restrictions on restaurants to allow for outdoor dining starting May 27 through at least June 1. Bars, however, remain prohibited from offering outdoor dine-in services under the State’s revised Public Health Order, which may be revised again on June 1.

Under the amended order, restaurants may offer dine-in service in outdoor seating areas at up to 50 percent of their outdoor area fire code occupancy. Restaurants must also adhere to the following requirements:

• No dine-in service may be provided in indoor seating areas.
• Outdoor dine-in service may only be provided to patrons who are seated.
• Tables must be placed with at least six feet of distance between one another.
• No more than six patrons may be seated at any single table.
• No bar or counter seating is permitted.

In addition, restaurants must continue to comply with the State’s COVID-Safe practices guidance issued by the State last week.

May 19, 2020:

Governor Lujan extended the State’s public health emergency to May 31, 2020, through Executive Order 2020-030. The order also continued all existing Executive Orders with a duration tied to the State’s public health emergency, including:

• Executive Order 2020-012: directing the closure of all public schools for the remainder of the 2019-2020 academic year;
• Executive Order 2020-013: directing individuals traveling to New Mexico through an airport to self-isolate or self-quarantine for 14 days;
• Executive Order 2020-016: waiving all late fees that could be assessed under the State’s motor vehicle code and preventing the issuance of citations;
• Executive Order 2020-017: allowing the issuance of special permits increasing the load size for transporting relief-related goods and materials; and
• Executive Order 2020-024: waiving the requirement of in-person shareholder and member meetings.

May 18, 2020:

Over the weekend, the New Mexico Department of Health issued a revised Public Health Order (“Order”) relaxing some of the restrictions imposed by the now-expired stay-at-home order. The Order, however, conditions the re-opening of the State’s economy upon the implementation of the its COVID-Safe Practices (“CSPs”), which contain numerous requirements that all employers must be aware of in re-establishing operations. The Order remains in effect until May 31, 2020, except in Cibola, McKinley, and San Juan counties, which are subject to the prior stay-at-home order issued on May 5, 2020.

The Order separates the State’s businesses into several new categories. It also removes new and used automobile dealers from the definition of essential businesses. The new categories include close-contact business (i.e., barbershops, gyms, massage parlors), recreational facilities (i.e., movie and performance theaters, swimming pools, and indoor shopping malls), and places of lodging (i.e., hotels, RV parks, and short-term vacation rentals).

In addition to the new-business categories, the Order modifies the State’s business and social environment as follows:

• all essential businesses must the follow the general and industry-specific CSPs;
• close-contact businesses, recreational facilities, and casinos—except those on Tribal lands—remain closed;
• all businesses that are not an essential business, close-contact business, or recreational facility may operation at 25% of the maximum occupancy permitted for the business or retail space and must follow the pertinent CSPs;
• places of lodging may operate at 25% of maximum occupancy, but short-term-vacation rentals may only rent to New Mexico residents;
• all residents are required to wear face masks or like coverings and comply with CSPs where possible; and
• golf courses, tennis facilities, summer youth programs, and state parks may resume operations subject to the applicable CSPs.

The State’s general CSPs comprise the following mandates, but employers should consider the additional, industry-specific measures set forth in the CSP guidance document:

• limit operations to remote work to the greatest extent possible;
• arrange the workplace to provide for 6 feet of distance between individuals wherever possible;
• close common areas where personnel are likely to congregate wherever possible or modify them to minimize contact;
• provide for all meetings to take place remotely whenever possible;
• ensure all employees have face coverings or masks and wear them in the workplace at all times when in the presence of others, except when eating, drinking or exercising, or unless otherwise advised by a health care provider;
• train all employees on daily cleaning and disinfecting protocol, hygiene, and respiratory etiquette (e.g., covering coughs);
• make handwashing, sanitizer, and other hygiene support available to employees; and
• screen employees before they enter the workplace each day (verbally or with a written form or text based or other app) and send employees home who are experiencing the following COVID-19 symptoms related to COVID-19 and direct them to obtain free testing through the Department of Health.

May 14, 2020:

Governor Lujan announced that the stay-at-home order set to expire May 15 will be extended to May 31, with allowances for increased retail and nonessential business activity.

The revised public health order—which will be released later this week—relaxes several restrictions on low-intensity contact services to relieve the pandemic’s downward economic pressure. Specifically, the order will provide for the following:

• all retailers who sell goods directly to the consumer or end user may operate according to COVID-Safe Practices (“CSPs”) at 25 percent fire code occupancy—this excludes entertainment venues such as movie theaters;
• nonessential businesses may operate according to CSPs at up to 25 percent of pre-crisis staffing levels, though employees will continue to be urged to work from home;
• houses of worship may operate at 10 percent occupancy; and
• additional state parks and certain outdoor recreation guides with CSPs will be allowed to operate.

Despite easing pandemic-related restrictions, the State remains concerned about the virus’ potential resurgence. As a result, all New Mexican’s will be required to wear masks in public places under the revised order.

The State also expects to roll out industry-specific guidance for CSPs that will enable all businesses permitted to operate under the revised order to do so as safely as possible. It is currently unclear exactly what the new guidance will require or the specific industries that will receive additional guidance.

May 6, 2020:

Effective today, New Mexico began implementing mandatory face-covering requirements for certain essential businesses. On May 5, 2020, the New Mexico Department of Public Health released an amended Public Health Order. The order requires that all essential businesses that (a) sell goods or services to consumers inside their places of business, such as grocery or hardware stores, and (b) either operate with a footprint of greater than 50,000 square feet or operate as a restaurant must require their employees to wear face coverings or medical grade masks. Beginning on May 11, 2020, all other essential businesses selling goods or services to consumers inside their places of business must abide by the same face-covering requirements. This mandate will remain in effect until May 15, 2020.

May 1, 2020:

On April 30, 2020, Governor Lujan issued Executive Order 2020-026 to extend the statewide public health emergency and pave the way for a modified Public Health Order (“PHO”) maintaining stay-at-home restrictions. The PHO remains in effect until May 15, 2020.

The PHO largely mimics the State’s previous stay-at-home order with a few notable exceptions for recreation and retail. Under the PHO, mass gatherings (gatherings of more than five) remain prohibited, nonessential businesses are shuttered, and six-foot social distancing remains the norm for New Mexicans. The PHO does not alter the essential business and related classifications fleshed out by prior public health orders.

Nonessential retail, golf courses, and gun stores and shooting ranges all receive a moderate reprieve from the stay-at-home restrictions. Nonessential retail establishments may provide curbside pickup and delivery services to customers, provided an establishment’s license permits such services. Golf courses are now open but cannot provide dine-in services. And gun stores and ranges may sell firearms and permit shooting by appointment only.

April 23, 2020:

New Mexico remains under its variation of the stay-at-home order until April 30, 2020. Governor Lujan has not provided any concrete guidance on whether the current order will be allowed to expire. The New Mexico Department of Health, however, has provided some clarification to the scope of the existing Public Health Order.

The Department of Health modified the existing Public Health Order in three respects. First, it clarified that religious services are subject to the ban on mass gatherings. Next, it removed the restriction limiting the number of permitted employees in a retail space to 50 people more than 20 percent of the retail space’s maximum permitted occupancy. Lastly, the revised order explains that short-term vacation rentals are permitted to operate for the sole purpose of providing lodging to out-of-state health care workers providing care to New Mexico residents. As noted, the Public Health Order remains in effect until the end of the month.

April 9, 2020:

The New Mexico Department of Health extended its existing Public Health Order requiring the cessation of business activities at all nonessential businesses and prohibiting mass gatherings through April 30, 2020.

The Extension also modifies the existing order by expanding the list of essential businesses and clarifying the restrictions on certain operations. First, the Extension classifies the following as essential businesses: bike repair and retail facilities; automobile dealerships offering online sales of vehicles and that exclude customers from showrooms; and, logistics services that store, transport, or deliver materials, goods or services directly to government institutions or essential businesses.

Next, the Extension clarifies that all retail spaces must reduce their customer occupancy to 20 percent of their maximum permitted occupancy. It also establishes that short-term vacation rentals of rooms, apartments, and houses are not permitted to operate.

April 7, 2020:

Consistent with the actions of governors from around the Nation, Governor Grisham extended a variety of Executive Orders put in place to combat the spread of COVID-19 and alleviate its impacts on people and businesses.

On April 6, 2020, Governor Grisham extended the following Executive Orders to May 1, 2020:

• Executive Order 2020-12, closing all New Mexico public schools for the duration of the 2019-2020 academic year;
• Executive Order 2020-13, requiring all persons traveling to New Mexico via an airport to self-isolate for fourteen days;
• Executive Order 2020-14, authorizing funding for the purchase of personal protective equipment, testing supplies, and other related materials;
• Executive Order 2020-15, allowing the provision of notarial services through remote audio-video technology;
• Executive Order 2020-16, suspending the accrual of late fees or penalties for all registrations, licenses, or other privileges under the State’s Motor Vehicle Code; and
• Executive Order 2020-17, permitting overweight vehicles and loads to carry up to 88,000 pounds of relief supplies, including food, beverages, medicine, medical supplies, and clothing.

April 3, 2020:

Governor Grisham issued three executive orders earlier this week to mitigate COVID-19’s impact on the healthcare system, business transactions, and individuals.

The first order, Executive Order 2020-015, permits the provision of notarial services through remote audio-video technology. To qualify for the remote notarial services, certain conditions must be met: (a) the audio-video technology must provide a direct interaction between the notary and person seeking the service; (b) if the person seeking the service or any witness are unknown to the notary, the service must be provided via direct video link for identification purposes; and (c) the documents at issue must be transmitted in real time to all parties involved via fax or other electronic means. This order remains in place until June 20, 2020.

Next, Governor Grisham executed Executive Order 2020-017, which creates a special permitting system to facilitate the transportation of “relief supplies” within the State. Under the new permit system, overweight vehicles and loads may carry up to 88,000 pounds of relief supplies provided the load is easily dismantled or divided. The Order broadly defines relief supplies to include “all food, beverages, medicine, medical supplies, clothing, building materials for temporary structures or shelters, and any other materials that NMDOT determines is primarily for disaster relief . . . .” Thus, under the Order, any carrier transporting such supplies may increase their transport capacity upon obtaining one of the newly authorized permits.

Governor Grisham’s third order, Executive Order 2020-016, suspends the accrual of late fees or penalties for all registrations, licenses, or other privileges under the State’s Motor Vehicle Code expiring after March 11, 2020. Likewise, New Mexicans will not receive a citation for any such expired licenses or registrations.

March 31, 2020:

Governor Grisham issued Executive Order 2020-014 on March 27, releasing up to $20 million for purchasing personal protective equipment, testing supplies, and other related materials, as well as avoiding or minimizing economic and physical harm. The order does not elaborate on the use of the funds for minimizing economic harm. The order remains in effect indefinitely.

March 30, 2020:

Governor Grisham issued two Executive Orders significantly expanding the State’s efforts to combat the spread of COVID-19 on March 27. 

The first order, Executive Order 2020-012, closes all New Mexico public schools for the duration of the 2019-2020 academic year. The order charges the Secretary of Education with providing all students with alternative learning opportunities to the greatest extent practicable. 

The second, Executive Order 2020-013, requires all persons traveling to New Mexico via an airport to self-isolate for fourteen days. These individuals are permitted to leave their isolation only to receive medical care. The State may enforce involuntary quarantine on any individual found violating the order or who otherwise refuses to comply. The order will remain in effect for the duration the State’s public health crisis.

March 26, 2020:

The New Mexico Department of Health (NMDH) issued a Public Health Order providing for the immediate regulation of the sale and distribution of personal protective equipment (PPE) on March 24.

The Order closely controls the sale and distribution of PPE.  First, by March 27, all healthcare providers and wholesale medical suppliers in the State must submit an inventory of their PPE to the NMDH, which includes items such as gloves, medical masks, goggles or other eye protection equipment, respirators, and aprons used by health care providers.  Next, the Order prohibits healthcare providers and wholesale medical suppliers from reducing its PPE inventory via sale or distribution in or outside the State without prior NMDH approval.  Limited over-the-counter sales to individuals within the State are permitted.  The Order also does not prohibit compliance with federally-required distributions of PPE.

The Order remains effective until April 11, or for as long as New Mexico remains in a state of emergency under Governor Grisham’s Executive Order 2020-004.

March 25, 2020:

On March 23rd, the New Mexico Department of Health issued a Public Health Order (“Order”) immediately prohibiting mass gatherings and requiring a 100 percent reduction in workforce for all non-essential businesses at each business or business location in the State.  The Order shall remain effective until April 11, or for as long as New Mexico remains in a state of emergency under Governor Grisham’s Executive 2020-004.  The Order does not mandate that all individuals shelter in place, as in some other states.  Rather, the Order advises that citizens should stay at home and undertake only those outings absolutely necessary for their health, safety, or welfare.

Under the Order, mass gatherings refer to any gathering outside of a person’s regular residence or place of worship consisting of five or more individuals in a room, confined space, or any outdoor space where the individuals are within six feet of each other. 

The Order defines essential businesses as any business or non-profit entity falling within one or more of the twenty-two categories listed in the Order, including: certain health care organizations; indigent care services; childcare facilities; grocery and food and beverage stores; food cultivation, processing, or packaging operations; infrastructure operations (including construction); manufacturing operations; security and sanitation services; media services; gas stations and automobile repair facilities; hardware stores; laundromats and dry cleaners; utilities; funeral homes; banks and other financial service providers; real estate services; mail and shipping services; and restaurants and breweries for carry out and delivery services only.