{"id":"DUT-NM-004","kind":"duty","level":"state","jurisdiction":"New Mexico","state":"NM","metro":"","industry":"","agency":"","eco":"","issuer":"Legislature of New Mexico (Public Health Emergency Response Act)","authority":"Public Health Emergency Response Act, NMSA 1978, Sections 12-10A-1 to 12-10A-19 (Laws 2003, ch. 218)","instrument":"NMSA 1978, Sections 12-10A-5 (Declaring a state of public health emergency) and 12-10A-6 (Special powers during a public health emergency)","title":"Public Health Emergency Response Act: the Governor\u0027s declaration, the Secretary of Health\u0027s coordination of the response, and the special powers over health care facilities and supplies","dateIssued":"","effective":"standing; operative upon the declaration of March 11, 2020 (Ex. NM-001) and its renewals through October 15, 2021","end":"standing","startDate":"2020-03-11","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMER","SUPPLY","HC"],"addressees":["persons generally; health care facilities; sellers and distributors of health care supplies"],"clause":"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.","enforcement":"NMSA 1978, § 12-10A-19: civil administrative penalty up to $5,000 for each violation (Ex. DUT-NM-005)","functions":[],"notes":"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\u0027s public health orders, Reeb para. 30), and authorized the Secretary to utilize, secure or evacuate health care facilities and to \u0027control, restrict and regulate the allocation, sale, dispensing or distribution of health care supplies\u0027 (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).","sourceUrl":"https://nmonesource.com/nmos/nmsa/en/4374/1/document.do","snapshot":"","fileExists":true,"fileBytes":1447017,"grade":"primary","character":"statutory_authority","description":"","collection":"DUT-NM","url":"/library/DUT-NM-004","exhibitUrl":"/exhibit/DUT-NM-004","citation":"Legislature of New Mexico (Public Health Emergency Response Act), NMSA 1978, Sections 12-10A-5 (Declaring a state of public health emergency) and 12-10A-6 (Special powers during a public health emergency) (standing) (Ex. DUT-NM-004)","stateName":"New Mexico","related":["NM-001","NM-008","NM-024","DUT-NM-005","DUT-NM-006"]}