The COVID Project
The record
- Jurisdiction
- New Mexico
- Level
- State
- Authority
- Public Health Emergency Response Act, NMSA 1978, Sections 12-10A-1 to 12-10A-19 (Laws 2003, ch. 218)
- Effective
- standing; operative upon the declaration of March 11, 2020 (Ex. NM-001) and its renewals through October 15, 2021 (read as 2020-03-11)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Mar. 11, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationHealth care ordersSupply chainStanding duty
- Addressees
- persons generally; health care facilities; sellers and distributors of health care supplies
- Character
- statutory authority
- Collection
- Standing duties: New Mexico DUT-NM
Operative words
A state of public health emergency may be declared by the governor upon the occurrence of a public health emergency. Prior to a declaration of a state of public health emergency, the governor shall consult with the secretary of health. The governor shall authorize the secretary of health, the secretary of public safety and the director to coordinate a response to the public health emergency.
Penalty
NMSA 1978, § 12-10A-19: civil administrative penalty up to $5,000 for each violation (Ex. DUT-NM-005)
What it required
Supplied the statutory frame for Executive Order 2020-004 and every renewal, authorized the Secretary of Health to coordinate the response (the footing of the Secretary's public health orders, Reeb para. 30), and authorized the Secretary to utilize, secure or evacuate health care facilities and to 'control, restrict and regulate the allocation, sale, dispensing or distribution of health care supplies' (the footing of the March 24, 2020 PPE order, Ex. NM-008). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteOfficial compilation of NMSA 1978 Chapter 12 (Miscellaneous Public Affairs Matters) from NMOneSource; Article 10A (PHERA) follows Article 10 (AHEMA). Sections 12-10A-7 to -11 supply the isolation and quarantine procedures recited in the traveler-quarantine orders (Ex. NM-024).