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Ex. DUT-NM-009 Standing duty Primary source read

7.4.3 NMAC, Control of Disease and Conditions of Public Health Significance, § 7.4.3.9

Department of Health rule: responsibility for protection of public health; imposition of isolation or quarantine of any person, institution, community or region; closure of schools and facilities; enforcement of public health orders under Section 24-1-21

New Mexico Department of Health (rule codified by the State Records Center and Archives) · New Mexico (State)

The COVID Project

The record

Jurisdiction
New Mexico
Level
State
Authority
Public Health Act, NMSA 1978, §§ 24-1-3, 24-1-5, 24-1-15; Department of Health Act
Issued
2009-04-30 Apr. 30, 2009
Effective
standing throughout 2020-2021 (effective date of the part: April 30, 2009) (read as 2009-04-30)
End
standing (read as 2021-09-30)
In force
Standing since Apr. 30, 2009 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureQuarantine and isolationStanding duty
Addressees
  • persons generally; institutions; schools, child care facilities and health care facilities; communities and regions
Character
sanitary code duty
Collection
Standing duties: New Mexico DUT-NM

Operative words

The department of health may establish or require isolation or quarantine of any animal, person, institution, community or region.... Any order issued by the department of health under the Public Health Act or these rules shall be enforceable as provided by law and violation is punishable in accordance with Section 24-1-21 NMSA 1978.

Penalty

NMSA 1978, § 24-1-21 (petty misdemeanor; civil enforcement), as 7.4.3.9(G) NMAC provides

What it required

Authorized the Department to 'take such measures as are deemed necessary and proper for the protection of the public health,' to isolate or quarantine any person, institution, community or region, to require schools, child care and health facilities to exclude infected persons and to 'close and discontinue operations if there is likelihood of an epidemic,' and made every departmental order enforceable and punishable under Section 24-1-21.

Retrieval note

Rendered from the Wayback capture of March 9, 2022 of the State Records Center and Archives' official NMAC text; the history note at 7.4.3.9 NMAC shows no amendment after June 15, 2016, so the text in force in 2020-2021 is the text rendered. Section 7.4.3.13 lists COVID-19 among notifiable conditions in the 2022 text; the 2020 emergency additions of COVID-19 to the notifiable list are not separately saved.