Title 14 SOCIAL SERVICES
Chapter 14.1 Health and Human Services
Part 14.1.1 Department of Health and Human Services Enabling Act
Editor's Notes
This law was originally enacted pursuant to Council Resolution No. SI-R12-022, dated June 18, 2012.
14.1.1.010 Findings
(a) Annual budget items may only be included if they have first been authorized by law as required by Section 5(a)(ii)(A) of the Agreement;
(b) The Council finds that reorganizing the structure of governmental departments and programs will promote efficiency within the Tribe;
(c) The Council finds that establishing a Department of Health and Human Services will assist the Tribe in assessing and implementing various health care programs in a well-coordinated and collaborative manner that will enhance educational awareness, disease prevention, and healthy behavioral change.
14.1.1.020 Short Title
This enactment shall be known as the Department of Health and Human Services Enabling Act ("Act").
14.1.1.030 Definitions
(a) "Agreement" means the Pueblo de San Ildefonso governing Agreement.
(b) "Council" means the Pueblo de San Ildefonso Council.
(c) "Pueblo" means the Pueblo de San Ildefonso.
14.1.1.040 Purpose
The Purpose of the Act is to establish the Department of Health and Human Services.
14.1.1.050 Findings
The Council hereby finds and declares that:
(a) reorganizing the structure of governmental departments and programs will promote efficiency within the Tribe; and
(b) establishing a Department of Health and Services will assist the Tribe in assessing and implementing various health care programs.
14.1.1.060 General Policy
(a) Department of Health and Human Services. This act shall establish the Department of Health and Human Services to in assess and implement various health care programs in a well-coordinated and collaborative manner that will enhance educational awareness, disease prevention, and healthy behavioral change.
14.1.1.070 Organization of the Department of Health and Human Services
(a) There shall be a Director of the Department of Health and Human Services who shall oversee the general supervision of the department.
(b) In order to promote efficiency within the Department of Health and Human Services, program offices will be established as necessary. A program director shall oversee the general supervision of the each program office and shall report to the Director of the Department of Health and Human Services.
(c) The Department of Health and Human Services includes the following program offices:
(1) Diabetes Prevention Program
(2) Healthy Kids
(3) Community Health Representatives ("CHR")
(4) Indian Child Welfare Act Program ("ICWA")
14.1.1.080 Department of Health and Human Services Goals and Objectives
Health & Human Services
The mission of the Department of Health & Human Services ("Department") is to assess and implement various health care programs (Diabetes Program, Community Health Representatives, Social Services, and Healthy Kids Initiative) in a well-coordinated and collaborative manner that will enhance educational awareness, disease prevention, and healthy behavioral changes. The primary goal of the Department is to provide comprehensive health care awareness that will target multiple dimensions of health such as physical, mental, emotional, and social aspects of Pueblo members of all ages.
Diabetes Prevention Program
The Diabetes Prevention program office promotes prevention education and diabetes self-management education, maintains data on the identified diabetic population within the community measures diabetes care outcomes, and works with outside entities to meet community health needs and improves services.
Healthy Kids
The Healthy Kids program office promotes community health by implementing alcohol, drug, and tobacco prevention programs focusing on youth. The Healthy Kids program office shall lead the community's health council initiatives.
Community Health Representative ("CHR") Program
The CHR program office provides management to improve and maintain the delivery systems for general health care, gerontological health care, maternal and child health, and environmental health. The CHR program office shall coordinate with health resource agencies to assure the provision of necessary health care services to Pueblo members.
Indian Child Welfare Act Program ("ICWA")
The ICWA program office manages the Pueblo's child welfare system including working toward protecting the children of the Pueblo from child abuse, neglect, and the separation of families through collaborative work with families. The ICWA program office shall provide a central contact point for families seeking assistance in temporary and permanent placement of children.
14.1.1.090 Amendment
The Council may amend this enabling act or reorganize the Department of Health and Human Services at any time upon majority vote of the Council.
14.1.1.100 Sovereign Immunity
Nothing in this Act waives the sovereign immunity of the Pueblo or any of its representatives, officers, or employees.
14.1.1.110 Severability
If a court of competent jurisdiction finds any provision of this Act to be invalid or illegal under applicable tribal and/or federal law, such provision shall be severed from this Act and the remainder of this Act shall remain in full force and effect.
Part 14.1.2 Approving the Pueblo de San Ildefonso's Fy2016 BIA Indian Highway Child Passenger Safety Seat Program
14.1.2.010 Findings
(a) The Bureau of Indian Affairs, Office of Justice Services, Northern Pueblo Agency is responsible for administering, developing, and implementing organizational objectives for Law Enforcement, Drug Enforcement, and Highway Safety;
(b) The BIA, Office of Justice Services, NPA oversees the BIA Indian Highway Safety Program which seeks "to reduce the number and severity of traffic crashes in Indian Country by supporting education, and enforcement, as well as Safe Tribal Communities Programs;
(c) The Highway Safety Act of 1966, U.S.C. Title 23, Section 402, and the U.S. Department of Transportation is providing funding to assist Indian tribes in implementing traffic safety projects;
(d) The Pueblo and BIA Office of Justice Services, NPA have recognized the need to implement a Child Passenger Safety Seat Program solely for the benefit of the Pueblo de San Ildefonso;
(e) The Pueblo de San Ildefonso recognizes the need to implement a Child Passenger Safety Seat Program in order to reduce the high number of crashes and their resulting fatalities, and safety seat injuries within the exterior boundaries of the Pueblo de San Ildefonso.
14.1.2.020
The Pueblo de San Ildefonso Tribal Council hereby approves the Pueblo de San Ildefonso the Pueblo de San Ildefonso FY 2016 BIA Indian Highway Child Passenger Safety Seat Program and future years.
Part 14.1.3 Senior Center Act and the Evaluation of Services and Funding Administered by the Eight Northern Indian Pueblos Council, Inc.
14.1.3.010 Short Title
This enactment shall be known as the "SENIOR CENTER ACT".
14.1.3.020 Purpose
The purpose of this act is to authorize and direct the completion of a comprehensive study, evaluation, and analysis of the current funding and management of the Senior Center ("Senior Center") including options for improving the delivery of services.
14.1.3.030 Findings
The Council hereby finds and declares that:
(a) The Pueblo currently contract with the Eight Northern Indian Pueblos Council, Inc. ("ENIPC") to operate the Senior Center and to provide services to seniors; and
(b) ENIPC receives certain federal and state funds on behalf of the Pueblo to pay for the operation and management of the Senior Center, including hiring and directing the Site Manager for the Senior Center; and
(c) The Governor and Council Representatives have received requests from members of the Pueblo to evaluate the quality and delivery of services at the Senior Center provided by ENIPC, including the improvement of services and whether the Pueblo should continue to contract with ENIPC to operate the Senior Center; and
(d) The Council desires to study and evaluate the current funding and management of the Senior Center prior to any decision to modify the current arrangement with ENIPC.
14.1.3.040 Senior Center Report of 2021
(a) The Council hereby authorizes and directs the Governor and the Director of Health and Human Services, Elderly Services Committee, or a designee, to conduct a written, comprehensive review, evaluation, and analysis of the current programs and services provided at the Senior Center by the ENIPC and related issues ("Senior Center Report of 2021").
(b) The Senior Center Report shall include the following:
(1) An evaluation of the operation of the Senior Center by ENIPC including the current programs and services;
(2) An evaluation of the management and staffing of the Senior Center by ENIPC including the selection and supervision of the Site Manager by ENIPC;
(3) The types and amounts of funding received by ENIPC on behalf of the Pueblo to operate Senior Center;
(4) The administrative fees charged by ENIPC to operate the Senior Center;
(5) The process to modify or cancel the current arrangement with ENIPC as the contractor that operated the Senior Center including whether incremental steps could be taken to move towards a Senior Center that is operated, managed, and administered by the Pueblo;
(6) An evaluation of the funding requirements to operate the Senior Center and the funding necessary to provide improved and/or expanded services;
(7) Any other observations and recommendations to assist the Council in evaluating delivery of services by ENIPC at the Senior Center including methods to improve the delivery, type, and scope of services.
(c) The Senior Center Report of 2021 shall be completed and delivered to the Council within sixty (60) days of the effective date of the Senior Center Act.
Part 14.1.4 The Community Health Assessment and Community Health Improvement Plan Authorization Act
14.1.4.010 Short Title
This enactment shall be known as the "THE COMMUNITY HEALTH ASSESSMENT AND COMMUNITY HEALTH IMPROVEMENT PLAN AUTHORIZATION ACT" ("Act").
14.1.4.020 Purpose
The purpose of this Act is to authorize the Pueblo de San Ildefonso's (Pueblo) request to partner with the Albuquerque Area Southwest Tribal Epidemiology Center (AASTEC) to complete a Community Health Assessment and Community Health Improvement Plan (CHA).
14.1.4.030 Findings
The Council hereby finds and declares that:
(a) The Pueblo has received funding from the AASTEC to allow the Pueblo's Tribal Health Council and Department of Health and Human Services to participate and complete a CHA; and
(b) The Pueblo's Tribal Health Council and Department of Health and Human Services operates under the authority provided by the Council and acts on behalf of the Pueblo for health matters; and
(c) The Pueblo has primary goals and objectives of improving and maintaining the health and wellness needs of its people, including activities to address the burden of chronic diseases (i.e., cardiovascular disease, stroke, and type 2 diabetes), COVID-19, behavioral health and substance use/misuse, and underlying risk factors (i.e., tobacco use, obesity, physical inactivity, poor nutrition, generational and environmental trauma, and adverse childhood experiences (ACEs); and
(d) The Pueblo acknowledges the last Community Health Assessment (CHA) was completed in 2015 and the needs of the community have changed; and
(e) The Pueblo de San Ildefonso acknowledges the benefits that can be achieved from completing a CHA, in the area of public health and community healthcare; and
(f) Health status measures are often not available at the community level; and
(g) The CHA was designed to provide a useful and useable tool for tribes to measure their overall health status; and
(h) The AASTEC will work closely with the Pueblo to identify appropriate health indicators and to ensure that the project is conducted in a confidential and culturally sensitive manner; and
(i) The identified health indicators may be measured using community surveys, interviews, existing records, or other sources; and
(j) It is necessary to approve the indicators required in order to complete the CHA; and
(k) The Council has reviewed this project and has determined it is in the Pueblo's best interest to move forward with the CHA in collaboration with the AASTEC.
14.1.4.040 Authorizations
(a) The Council hereby authorizes the Pueblo's Tribal Health Council and Department of Health and Human Services to participate and complete a CHA, beginning March 14, 2022 and ending September 29, 2022.
(b) The authority granted by the Resolution shall remain in effect until withdrawn by the Council or until the term of the new contract has expired, and the Governor is the authorized agent for the Tribe and shall represent the Council in any negotiations, changes and/or approval of the contract agreement.
Part 14.1.5 Public Health Act of 2023
14.1.5.010 Short Title
This enactment shall be known as the "PUBLIC HEALTH LAW OF 2023" ("Act").
14.1.5.020 Purpose
The purpose of this law is to: (a) establish the position, the appointment procedures, and the authority of the public health officer; (b) establish procedures and due process protections for public health orders such as voluntary and involuntary isolation and quarantine orders; (c) establish enforcement mechanisms for public health orders; and, (d) protect the health, safety, welfare, and survival of the Pueblo, its members, and others within the jurisdiction of the Pueblo.
14.1.5.030 Findings
The Council hereby finds and declares that:
(a) the well-being and general welfare of citizens of the Pueblo is a concern of the highest
priority of the Council; and,
(b) the activities regulated under this Act, if left unregulated, may pose an imminent threat to the sovereignty, economic security, and health, safety, and welfare of the Pueblo, its members, and others residing or temporarily within its jurisdiction; and,
(c) the threat of an illness or health condition caused by an industrial accident, bioterrorism, an epidemic or pandemic disease, or a highly fatal/debilitating infectious agent is of great concern to the Pueblo, consequently, it is necessary for the Pueblo to provide a clear and fair procedure to protect the health, safety and welfare of the Pueblo. It is further necessary to ensure due process under the law is afforded so that the rights of individuals who become exposed to or infected with life threating conditions are safeguarded.; and,
(d) The Pueblo is in need of a comprehensive law and regulations for the protection of public health and safety of the People.
14.1.5.040 Scope
This Act shall apply to all persons within the exterior boundaries of the Pueblo to the fullest extent of the Pueblo's jurisdiction.
14.1.5.050 Sovereign Immunity Preserved
Except as specifically and expressly authorized by the governing Agreement or by law, nothing in this Act shall be interpreted as a waiver of the Pueblo's sovereign immunity from suit.
14.1.5.060 Severability
If any provision of this Act or its application to any person or circumstance is held invalid, the remainder of this Act or application of its provisions to other persons or circumstances shall not be affected, and to this end, the provisions of this Act are severable.
14.1.5.070 Effective Date
The Act shall take effect immediately upon enactment.
14.1.5.080 Repeal of Conflicting Code Provisions
All prior laws previously enacted by the Council and inconsistent with the provisions of this Act are hereby repealed. If the provisions of this Act conflict with the provisions of any other previously enacted code, law, or Resolution, the provisions of this Act shall control.
14.1.5.090 Definitions
(a) "Alternative care facilities" means a site where medical needs, sheltering, urgent care services and select traditional inpatient services are not usually provided, but which are deliberately repurposed for provision of such services during select disasters. Alternative care facilities may include facilities for the purpose of addressing low level acute health care, isolation, quarantine, and homelessness.
(b) "Case" means a person, alive or dead, having been diagnosed to have a particular disease or condition by a health care provider with a diagnosis based on clinical or laboratory criteria or both.
(c) "Child day care facility" means an agency regularly providing care for a group of children for less than 24 hours a day and subject to Pueblo or federal regulation.
(d) "Communicable disease" means an illness caused by an infectious agent which can be transmitted from one person, animal, or object to another person by direct or indirect means including transmission via an intermediate host or vector, food, water, or air.
(e) "Compliance officer" means any Pueblo agent or official authorized by the Pueblo or the Public Health Officer to ensure compliance with any Pueblo law or regulation designed to protect community health, safety, and welfare.
(f) "Contact" means a person exposed to an infected person, animal, or contaminated environment in a manner that may lead to infection.
(g) "Contaminated" or "contamination" means containing or having contact with infectious agents or chemical or radiological materials that pose an immediate threat to present or future public health.
(h) "Contamination control measures" means the management of persons, animals, goods, and facilities that are contaminated, or suspected to be contaminated, in a manner to avoid human exposure to the contaminant, prevent the contaminant from spreading, and/or effect decontamination.
(i) "Detention" or "detainment" means physical restriction of activities of an individual by confinement for the purpose of controlling or preventing a serious and imminent threat to public health and may include physical plant, facilities, equipment, and/or personnel to physically restrict activities of the individual to accomplish such purposes.
(j) "Diagnosis" means an identification of a disease or condition by an individual authorized by law to make the identification.
(k) "Disease" means a condition or disorder that causes the human body to deviate from its normal or healthy state.
(l) "Disease control measures" means the management of persons, animals, goods, businesses, facilities, or any area that poses a threat or potential threat, that are infected with, suspected to be infected with, exposed to, or suspected to be exposed to an infectious agent in a manner to prevent transmission of the infectious agent to humans.
(m) "Disease of suspected bioterrorism origin" means a disease or condition caused by viruses, bacteria, fungi, or toxins from living organisms that are used by man to intentionally produce death or disease in humans, animals, or plants. Many of these diseases or conditions may have nonspecific presenting symptoms.
(n) "Disinfection" means killing or inactivating communicable-disease-causing agents on inanimate objects by directly applied chemical or physical means.
(o) "Epidemiologic investigation" means the application of scientific methods to ascertain a diagnosis, identify risk factors for a disease, determine the potential for spreading a disease, institute disease control measures, and complete forms and reports including communicable disease, case investigation, and outbreak reports.
(p) "Emergency Manager" means person designated by the Governor to oversee and carry out the emergency operations including any duties assigned pursuant to an Emergency Response Plan.
(q) "Health care facility" means any building that is used, operated, or designed to provide health services, alternative care, medical treatment, behavioral health services, dental services, nursing, rehabilitative, or preventive care to any individual.
(r) "Health care provider" means any person having direct or supervisory responsibility for the delivery of health care who is licensed or certified by a Tribe, federal, state, or local government or respected medical professional association to provide health care, or is otherwise temporarily authorized by the Pueblo to provide health care.
(s) "Imminent hazard" means a situation that is likely to cause an immediate threat to human life, an immediate threat of serious physical injury, an immediate threat of serious adverse health effects, or a serious risk of irreparable damage to the environment if no immediate action is taken.
(t) "Infected" or "infection" means when an individual has an agent for a disease in a part of the individual's body where the agency may cause disease.
(u) "Infected areas" means when an area or physical space has been compromised by a
disease or infected individual.
(v) "Infectious agent" means an organism such as a virus, rickettsia, bacteria, fungus, protozoan, or helminth that is capable of producing infection or infectious disease.
(w) "Isolation" means the separation, for the period of communicability or contamination, of infected persons or animals from others in such places and under such conditions as to prevent or limit the direct or indirect transmission of the infectious agent or contaminant from those infected or contaminated to those who are susceptible or who may spread the agent or contaminant to others.
(x) "Local health department" means a city, town, county, or regional agency in New Mexico providing public health services to persons within their area.
(y) "Outbreak" means the occurrence of cases of a disease or condition in any area over a given period of time in excess of the expected number of cases.
(z) "Person" means any individual, trust, firm, association, partnership, Indian tribe, tribally chartered corporation or business, political subdivision, government agency, municipality, industry, public or private corporation, any legal entity or private enterprise, and includes members of the Pueblo, all other non-member Indians, and all non- Indians.
(aa) "Public health emergency" means an occurrence or imminent threat of an illness or
health condition that:
(1) Is believed to be caused by any of the following:
(A) Bioterrorism;
(B) The appearance of a novel or previously controlled or eradicated infectious agent or biological toxin;
(C) Natural disaster, chemical attack or accidental release, or nuclear attack or accident;
(2) Poses a high probability of any of the following harms:
(A) Deaths in the affected population;
(B) Serious or long-term disabilities in the affected population;
(C) Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial harm to a large number of people in the affected population;
(D) Otherwise exceeding the capability or capacity of the public health and/or healthcare systems.
(bb) "Public Health Officer" means the individual having been appointed under this Act as the Public Health Officer for the Pueblo.
(cc) "Public health worker" means all persons employed by the Pueblo or its businesses or entities and who are obligated to serve as public health workers (PHWs). As PHWs, employees may be assigned to perform activities which promote the protection of public health and safety or the preservation of lives and property. PHWs provide services and aid during a declared emergency, disaster or catastrophic event. At any time during an officially-declared emergency, disaster, or catastrophic event, a PHW may be required to report to work and to be assigned to public health work.
A PHW may be assigned to locations and duties outside of their normal job responsibilities. All employees assigned to work as PHWs shall be paid at an hourly rate greater than or equal to their regular hourly rate, including overtime.
(dd) "Pueblo" means the Pueblo de San Ildefonso and all lands, air space, and waters within the exterior boundaries of the Pueblo.
(ee) "Quarantine" means the restriction of activities of persons, domestic animals, inanimate objects, or areas as have been exposed to, or are suspected to have been exposed to, an infectious agent, for a period of time not longer than the longest usual incubation period of the infectious agent, in such manner as to prevent effective contact with those not so exposed. If the incubation period is unknown, the Public Health Officer must use their best professional judgment in setting a period of time for quarantine.
(ff) "School" means a facility, building or residence where education programs are held, including, but not limited to preschool, kindergarten, after school programs through grade 12, language programs, the Education Department, GED programs, and higher education programs.
(gg) "State public health officer" means the person designated by the state of New Mexico to serve as statewide health officer, or, in the absence of such designation, the person having primary responsibility for public health matters within the state of New Mexico.
(hh) "Suspected case" or "suspected to be infected" means an individual the Public Health Officer, in their professional judgment, reasonably believes that infection with a particular infectious agent is likely based on signs and symptoms, laboratory evidence, or contact with an infected individual, animal, or contaminated environment.
(ii) "Test" means an analysis performed on blood or other body fluid or other generally
accepted means to evaluate for the presence or absence of a disease or condition.
(jj) "Tribal school" means a facility for programs of education preschool and kindergarten
through grade 12 operated by the Pueblo.
14.1.5.100 Appointment of the Public Health Officer
(a) The Public Health Officer shall be appointed upon nomination by the Governor and confirmation by the Council. In a case of imminent hazard, the Governor may immediately appoint a Public Health Officer; provided that such appointments shall not exceed beyond ninety days.
(b) The Public Health Officer may be an employee of the Pueblo but may also be an official or professional not currently employed by the Pueblo
(c) The Public Health Officer must have appropriate public health expertise as demonstrated by relevant education background, professional experience, cultural competency, and/or other qualifications and experience as a Public Health official.
(d) The Governor may appoint a local county, state, or federal public health officer (or their equivalent) to serve as the Public Health Officer.
14.1.5.110 Authority and Duties of the Public Health Officer
(a) The Public Health Officer shall oversee and direct the Public Health Department and shall have the following powers and duties:
(1) The Public Health Officer shall be responsible for the detection, supervision, and isolation of affected persons, for the investigation of contacts, and for all other matters pertaining to investigation, control and treatment of novel viruses or other highly contagious, life threatening, communicable diseases.
(2) Diseases for which isolation and quarantine may be ordered do not include acquired immune deficiency syndrome or other infection caused by human immunodeficiency virus.
(3) The Governor may enter into reciprocal agreements with federal agencies, state agencies, tribal governments, and other jurisdictions to facilitate the isolation or treatment of any affected person, or for quarantine of any person exposed to an affected person, and/or for other health and safety support services.
(4) The Public Health Officer shall develop and adopt a written Emergency Response Plan for the Pueblo specific to the identified Public Health Emergency.
(b) Investigation.
(1) A physician, health care provider, or a clinical laboratory that has identified a suspected case of a novel virus or other highly contagious, life-threatening, communicable disease shall notify the Health Department within 24 hours of discovering such virus or disease, shall cooperate in any investigation, and shall report on the condition of the affected person and the status of the disease as often as required by applicable law or as authorized by the Governor.
(2) When the Public Health Department is notified that an affected person is located or resides within the Pueblo, the Public Health Director shall immediately initiate an investigation. In performance of the duty to prevent or control a novel virus or other highly contagious, life-threatening communicable diseases, Health Department Employees may, at reasonable times and within reasonable limits, enter and inspect:
(A) A public place to locate and inspect persons who may be affected;
(B) Private property with the consent of the owner/occupant of the private property, to locate and inspect persons who may be affected persons; and
(C) Private property without the consent of the owner or occupant of the private property after obtaining a search warrant, for the sole purpose to locate and inspect persons who may be affected.
(3) If, as a result of the investigation, the Public Health Officer believes an individual is an affected person, the Health Department employees shall encourage the affected person or their parent/guardian to accept or consent to voluntary measures to prevent transmission and for treatment.
(c) Additional powers and duties. The Public Health Department shall have the following additional powers and duties:
(1) receive reports of any events that may indicate the existence of a case or outbreak of a communicable disease or condition; and,
(2) designate and authorize (in accordance with the Governor) public health compliance officers; and,
(3) coordinate and collaborate with local county, state, or federal public health officers; and,
(4) in coordination with the Governor, deploy the powers of the BIA Police Department, Pueblo of Pojoaque Tribal Police Department, compliance officers, office of the Tribal Administration and all other Pueblo officials and employees within the jurisdiction of the Pueblo to enforce laws and public health orders given to effectuate the purposes of this Act; and,
(5) Upon notice and public comment, draft and implement regulations necessary to effectuate the provisions of this Act;
(6) Seek agreements as necessary with local governments, tribes, federal authorities, organizations, private entities, nonprofit entities, state agencies, Pueblo operated, authorized, or funded residential services, or institutions of higher education, to coordinate or provide public health services necessary for the implementation of this Act, subject to ratification of such agreements by the Council; and
(7) make determinations as to whether an individual, organization, or entity meets the definition and requirements of a "health care provider" under this Act; and,
(8) Review and determine appropriate action for each reported or suspected case of a notifiable condition, any communicable disease, disease, or condition considered a threat to public health, and each reported outbreak or suspected outbreak of disease; and,
(9) Request assistance from Tribe, local, state, and federal epidemiology agencies in carrying out investigations when necessary; and,
(10) Assess and strengthen the Pueblo's capacity to prevent, prepare for, and respond to a health emergency, including assessing Tribe, state, and federal emergency supplies and equipment inventories, emergency stockpiles, existing or potential emergency response facilities, and personnel and/or health care workers; and,
(11) Conduct or order investigations and institute control measures; and,
(12) Inform community members and employees when a public health emergency has been declared or terminated, how to protect themselves during a state of the public health emergency, and what actions are being taken to control the emergency; and,
(13) Maintain confidentiality of patient information as directed by Section 14.1.5.240 of this Act; and,
(14) Report to the Council as requested, or when appropriate, to provide updates; and,
(15) Maintain public health data connected to identified public health investigation to assist with the preventing or controlling of the spread of communicable diseases.
(A) Public health data to be released only by written approval of the Governor and in accordance with Section 14.1.5.240 of this Act.
14.1.5.120 Declaration of Public Health Emergencies
The Governor may declare a public health emergency. Prior to such declaration, the Governor may consult with Tribal, federal, state, and local public health agencies and any other public health or other experts as needed.
(a) Emergency Powers. During a public health emergency, the Governor may:
(1) Suspend the provisions of any Pueblo policies and procedures for conducting business, or the orders, rules and regulations of any Pueblo agency, where strict compliance with the same would prevent, hinder, or delay necessary action (including emergency purchases) to respond to the public health emergency by the Public Health Officer or would increase the health threat to the population;
(2) Utilize all available resources of the Pueblo and its political subdivisions, as reasonably necessary, to prepare for and respond to the public health emergency;
(3) Transfer the direction, personnel, or functions of the departments and agencies to perform or facilitate responses and recovery programs regarding the public health emergency;
(4) Provide aid to and seek aid from Tribal, federal, state, local government partners, nonprofit organizations, charitable foundations, or private individuals; and,
(5) Seek aid from the federal government in accordance with federal programs or requirements.
(b) Emergency Measures Concerning Facilities and Materials. During a public health emergency, the Governor is authorized to:
(1) Close, direct, and compel the evacuation and/or decontamination of any facility or space where reasonable cause exists to believe that it may endanger the public's health.
(2) Procure by legal condemnation or otherwise construct, lease, transport, store, maintain, renovate, or distribute materials and facilities as may be reasonable and necessary to respond to the public health emergency, with the right to take immediate possession thereof. Such materials and facilities include communication devices, equipment, carriers, contract services, real estate, fuels, food, water, cleaning, hygiene and sheltering supplies, clothing, and other necessary items to respond to the public health emergency; provided, that the Pueblo shall provide just compensation for the taking of any private property.
(3) Require a health care facility to plan for and provide services or the use of its facility if such services or use are reasonable and necessary to respond to the public health emergency as a condition of the ability to continue operating as a health care facility.
(4) Decontaminate or cause to be decontaminated, or safely destroy, any material of where the Governor has reasonable cause to believe that it may endanger the public's health.
(5) Inspect, control, restrict, repurpose, and regulate by rationing and using quotas, prohibitions on shipments, allocation, or other means, the use, sale, dispensing, distribution, or transportation of food, fuel, clothing, and other commodities, as may be reasonable and necessary to respond to the public health emergency.
(c) Control of Roads, Public Areas, and Persons on the Pueblo. During a public health emergency, the Governor is authorized to:
(1) Prescribe routes, modes of transportation, and destinations in connection with the evacuation of individuals or the provision of emergency services.
(2) Control or limit ingress and egress to and from any stricken or threatened public area, the movement of individuals within the area, and the occupancy of premises therein, if such action is reasonable and necessary to respond to the public health emergency.
(3) Safely exclude any person from the Pueblo who has, or has been exposed to, a communicable disease or condition as defined under this Act.
(d) Safe Disposal of Infectious Waste or Contaminated Material. During a public health emergency, the Governor is authorized, in cooperation with any other public agencies or governments, to:
(1) Adopt and enforce measures to provide for the safe disposal of infectious waste or contaminated material as may be reasonable and necessary to respond to the public health emergency. Such measures may include the collection, storage, handling, destruction, treatment, transportation, and disposal of infectious waste or contaminated material.
(2) Require any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste or contaminated material under the laws of the Pueblo, and any landfill business, transfer station, or other such property, to accept infectious waste or contaminated material, or provide services or the use of the business, facility, or property if such action is reasonable and necessary to respond to the public health emergency as a condition of licensure, authorization, or the ability to continue doing business on the Pueblo as such a business or facility. The use of the business, facility, or property may include transferring the management and supervision of such business, facility, or property to the Pueblo for a limited period of time.
(3) Procure, by condemnation or otherwise, any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste or contaminated material under the laws of the Pueblo and any landfill business or other such property as may be reasonable and necessary to respond to the public health emergency, with the right to take immediate possession thereof; provided, that the Pueblo shall provide just compensation for the taking of any private property.
(4) Require all bags, boxes, or other containers for infectious waste or contaminated material to be clearly identified as containing infectious waste or contaminated material, and, if known, the type of infectious waste or contaminated material.
(e) Control Healthcare Supplies.
(1) Procurement. During a public health emergency, the Pueblo may purchase, repurpose, accept donations, and distribute anti-toxins, serums, vaccines, immunizing agents, antibiotics, antidotes, and other pharmaceutical agents, medical supplies, or personal protective equipment (PPE) and supplies to prepare for or control a public health emergency.
(2) Rationing. Where a public health emergency results in a shortage or threatened shortage of any product under subsection €(1) of this section, whether or not such product has been purchased by the Pueblo, the Pueblo may control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, allocation, or other means, the use, sale, dispensing, distribution, or transportation of the relevant product. In making rationing or other supply and distribution decisions, the Pueblo may give preference to health care providers, public health workers, essential workers, elders, other vulnerable populations, and the household members of these persons.
(3) Distribution. During a public health emergency, the Pueblo may store or distribute any anti-toxins, serums, vaccines, immunizing agents, antibiotics, antidotes, and other medications or pharmaceutical agents, personal protective equipment, or medical supplies located within the Pueblo as may be reasonable and necessary to respond to the public health emergency, with the right to take immediate possession thereof.
(f) Civil Proceedings. To the extent practicable and consistent with the protection of public
health, prior to the destruction of any property under this Act, the Pueblo shall institute appropriate civil proceedings concerning the property to be destroyed in accordance with the existing laws and regulation of the Pueblo. Any property acquired by the Pueblo through such proceedings shall, after entry of the decree, be disposed of by destruction as the Court may direct in accordance with the laws of the Pueblo and the authority of the Courts.
14.1.5.130 Notifiable Conditions
(a) Purpose of Notifiable Conditions Reporting
(1) The purpose of notifiable conditions reporting is to provide the information necessary for the Pueblo, states, and local jurisdictions to protect public health by tracking communicable diseases and other conditions.
(b) Notifiable Conditions List
(1) The Public Health Officer shall establish a list of reportable diseases or other conditions of public health importance. The list may include diseases or conditions of humans or animals caused by exposure to toxic substances, microorganisms, or any other pathogens. The Public Health Officer may rely upon the Centers for Disease Control (CDC) and/or the New Mexico Department of Health official list of notifiable conditions in meeting this requirement.
14.1.5.140 Disease Control Measures
(a) The Public Health Officer shall prepare and issue regulations following a public notice and comment process to take the following control measures:
(1) Review each report filed under Article II of this Act for completeness and accuracy;
(2) Confirm each diagnosis;
(3) Conduct or facilitate epidemiologic and other investigations required herein;
(4) Facilitate notification of known contacts;
(5) Conduct surveillance, including contact tracing and proper notifications;
(6) Determine trends;
(7) Implement control measures, quarantines, and isolations, as authorized by law;
(8) Disseminate surveillance information to health care officials and providers;
(9) Provide health education to a disease case or contact to reduce the risk of transmission of the respective disease or condition;
(10) Collaborate and share information with Tribal, local, state, and federal public health officers and officials, in accordance with applicable privacy law(s);
(11) Participate in public information dissemination, public broadcasts, and news events, as authorized by the Governor; and
(12) Report to Tribal Council as requested.
(b) Control measure by the Public Health Officer must contain the following information:
(1) The specific control measure being ordered and the requirements being imposed, including, if applicable, requirements for isolation, quarantine, contact tracing, physical examinations and medical testing;
(2) The identity of the individual or group of individuals to whom the control measure applies;
(3) The premises or place to which the control measure applies, or to which individuals and/or animals are to be quarantined or isolated;
(4) The date and time at which the control measure requirements begin and end;
(5) The justification for the control measure, including, if known, the disease for which the individuals and/or animals are believed to be cases, suspected cases, or contacts; and
(6) A statement that the control measure requirements shall be in place for no more than 30 calendar days.
14.1.5.150 Responsibility of Community Members
Community members shall:
(a) Cooperate with the Public Health Officer or their designee in the investigation of cases, suspected cases, outbreaks, and suspected outbreaks of notifiable conditions, or other communicable diseases.
(b) Comply with all infection control measures, contamination control measures, other emergency control measures, and isolation and quarantine measures.
(c) Notify the Public Health Officer of any case, suspected case, outbreak, or potential outbreak of communicable disease.
(d) Community members who knowingly and willingly ignore the Public Health Officer's recommendations may be subject to Court proceeding requiring Isolation and/or Quarantine.
14.1.5.160 Conditions and Principles for Isolation or Quarantine
The Public Health Officer shall adhere to the following conditions and principles when isolating or quarantining a person or group of persons under this Act:
(a) Isolation or quarantine must be by the least restrictive means necessary to prevent the
spread of a communicable or possibly communicable disease or condition to others and may include, but are not limited to, confinement to private homes or other public or private premises and the use of electronic tracking devices and/ or techniques;
(b) Isolated individuals must be confined separately from quarantined individuals;
(c) The health status of isolated or quarantined individuals must be monitored regularly, to determine if they require continued isolation or quarantine;
(d) If a quarantined individual subsequently becomes infected or is reasonably believed to have become infected with a communicable or possibly communicable disease or condition that the Public Health Officer believes poses a significant threat to the health and safety of other quarantined individuals, the individual shall be subject to isolation;
(e) Isolated or quarantined individuals must be released as soon as practicable when the Public Health Officer determines that they have been successfully decontaminated or that they pose no substantial risk of transmitting a communicable or possibly communicable disease or condition that would constitute a serious or imminent threat to the health and safety of others;
(f) The Public Health Officer should seek to facilitate fulfillment of the needs of a person isolated or quarantined to the greatest extent possible, including, but not limited to, providing adequate food, water, heat, clothing, shelter, means of communication with those in isolation or quarantine and outside these settings, medication, and competent medical care;
(g) The Public Health Officer should seek to ensure that premises used for isolation or quarantine are maintained in a safe and hygienic manner to minimize the likelihood of further transmission of infection or other harm to persons isolated, quarantined, and/or managed in accordance with control measures;
(h) To the extent possible, and in a manner that does not pose a health risk to others, cultural and religious beliefs should be considered in addressing the needs of individuals, and establishing and maintaining isolation or quarantine premises;
(i) Isolation or quarantine shall not abridge the right of any person to rely exclusively on spiritual or traditional means alone through prayer or traditional healing activity to treat a communicable or possibly communicable disease or condition in accordance with religious or traditional tenets and practices, nor shall anything in this Act be deemed to prohibit a person so relying who is infected with a contagious or communicable disease or condition from being isolated or quarantined in a private place of their own choice, provided, it is approved by the Public Health Officer and in compliance with all laws, rules and regulations governing control, sanitation, isolation and quarantine. At their sole discretion, the Public Health Officer may isolate infected individuals declining treatment for the duration of their communicable infection, if necessary to protect the health and safety of the individual person or others.
14.1.5.170 Isolation and Quarantine
(a) During a public health emergency, the Public Health Officer may isolate or quarantine an individual or group of individuals. The Public Health Officer may also establish and maintain places of isolation and quarantine, including alternative care facilities, set rules, and make orders subject to Section 14.1.5.160 of this Act. The Public Health Officer may authorize health care providers, law enforcement, or emergency medical services personnel, or others access to individuals in isolation or quarantine as necessary to conduct their duties or meet the needs of isolated or quarantined individuals. No person, other than a person so authorized, shall enter isolation or quarantine premises. Any person entering an isolation or quarantine premises with or without authorization may also be subject to isolation, quarantine, or other control measure.
(b) When quarantine, isolation, or other control measures limit the freedom of movement of a person or limits access to a person whose freedom of movement is limited, the period of limited freedom of movement shall not exceed 30 calendar days. If the Public Health Officer determines that quarantine, isolation, or other control measures need to continue for more than 30 calendar days, he or she shall file a petition in the Courts of the Pueblo seeking a court order that authorizes the continuation of quarantine, isolation, or other control measures for the individual or group of individuals for a period of time not to exceed an additional 30 days, though the Public Health Officer may move to continue the order for successive periods not to exceed 30 days each.
14.1.5.180 Procedural Requirements
(a) Voluntary isolation or quarantine should always be used as a first option unless the Public Health Officer has determined in their professional judgment that:
(1) Seeking voluntary compliance would create a risk of serious harm;
(2) There is reason to believe that the person or group of persons is, or is suspected to be, infected with, exposed to, or contaminated with a communicable disease or chemical, biological, or radiological agent that could spread to or contaminate others if remedial action is not taken; and
(3) There is reason to believe that the person or group of persons would pose a serious and imminent risk to the health and safety of others if not detained for purposes of isolation or quarantine (for example if the person or group is not heeding voluntary isolation or quarantine orders).
(b) The Public Health Officer, when conducting, ordering, authorizing, or otherwise approving voluntary isolation or quarantine, shall make reasonable efforts to comply with Section 14.1.5.160 of this Act.
(c) The Public Health Officer shall provide copies of the written involuntary isolation or quarantine order to the person or group of persons detained or, if the order applies to a group and it is impractical to provide individual copies, post copies in a conspicuous place on the premises where isolation or quarantine has been imposed.
(d) Along with the written order, and by the same means of distribution, the Public Health Officer shall provide the person or group of persons detained with the written notice of the right to petition the Courts of the Pueblo for release from isolation or quarantine in accordance with Section 14.1.5.190 of this Act and contact information of the Courts.
14.1.5.190 Judicial Release from or Modification of Isolation or Quarantine
(a) Any person or group of persons isolated or quarantined pursuant to this Act may seek release from or modification of isolation or quarantine orders from the Courts of the Pueblo. Any person or group of persons detained by order of the Public Health Officer pursuant to Section 14.1.5.170 of this Act, may apply to the Courts of the Pueblo for an order to show cause for why the individual or group should be released.
(1) The Court shall rule on the application to show cause within two business days of its filing.
(2) If the Court grants the application, the Court shall schedule a hearing on the order to show cause as soon as practicable.
(3) The issuance of an order to show cause shall not stay or enjoin an isolation or quarantine order except by order of the Court.
(b) An individual or group isolated or quarantined may request a hearing in the Court for modification of isolation or quarantine orders regarding conditions of isolation or quarantine required by section 14.1.5.160 of this Act.
(1) A request for a hearing shall not stay or enjoin an isolation or quarantine order except by order of the Court.
(2) Upon receipt of a request for modification, the Court shall fix a date for hearing on the matters alleged as soon as practicable.
(3) Upon receipt of a request under this section, the Court shall fix a date for hearing on the matters alleged within five days from receipt of the request.
(c) In any proceedings brought forth under this section, in extraordinary circumstances and for good cause shown, the Public Health Officer or their designee may move the Court to extend the time for a hearing, which extension the Court in its discretion may grant giving due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of necessary witnesses and evidence.
(d) Any hearings under this section involving a petitioner or petitioners who are judged to be contagious for a communicable disease or condition will be conducted in a manner that utilizes appropriate infection control precautions and minimizes the risk of disease transmission.
(e) Unless otherwise specified in this Act, any proceeding brought pursuant to this Act shall adhere to the Pueblo Court – Rules of Court.
14.1.5.200 Nonliability
The Pueblo officials, officers, employees, representatives, contractors, or agents thereof, who are performing their duties by implementing or enforcing this Act are immune from suit and monetary damages in any court of law for their action or inaction related to such implementation or enforcement, and does not waive any their rights to assert sovereign immunity, or to assert executive privileges or rights to privacy or confidentiality, except as noted in Section 14.1.5.190 of this Act.
14.1.5.210 Violation of Orders of the Public Health Officer
(a) Violations of the orders of the Public Health Officer lawfully issued under this Act shall be punishable by a civil fine of not more than $5,000.00. Nothing herein limits the application of any other civil remedies available at law, including exclusion from the Pueblo, or the prosecution of additional criminal and civil offenses, including, but not limited to, reckless endangerment, mistreatment, and nuisance.
(b) Violations of the orders of the Public Health Officer lawfully issued under this Act shall be brought for adjudication before the Court of the Pueblo.
(c) Investigations and enforcement of this Act shall be conducted by compliance officers, the BIA Police, Pueblo of Pojoaque Tribal Police Department, and other agents or officials expressly authorized by the Governor. Investigations and enforcement shall occur in collaboration with the Public Health Officer and designated attorney or prosecutor.
(d) No other person or entity may enforce, nor pursue in court, a violation of this Act without the express authorization of the Governor.
(e) The Governor is authorized to pursue or defend enforcement of this section in all applicable legal forums.
14.1.5.220 Arrest to Enforce Control Measures
(a) A law enforcement officer may detain an individual for violation of an order limiting freedom of movement or access issued pursuant to this Act from any area prohibited by the Public Health Officer pursuant to such order. The person may be detained in the area designated until the initial appearance before the Court pursuant to Pueblo law.
(b) If a judge of the Court conducting an initial appearance finds by clear and convincing evidence that a person arrested for violation of an order limiting freedom of movement or access issued pursuant to this Act poses a threat to the health and safety of others, the judge shall order the person to be confined in an area or facility designated by the Public Health Officer pursuant to their isolation and quarantine authority. Such pretrial confinement shall terminate when a judge determines that the confined person does not pose a threat to the health and safety of others. These determinations shall be made only after the Public Health Officer has made recommendations to the court.
14.1.5.230 Exclusion and Removal for Failure to Comply
(a) In response to a failure to comply with the public health restrictions and orders listed in this Act, any person may be excluded from the Pueblo for willful failure to adhere to Pueblo laws and regulations or failure to correct a violation of such laws, regulations, and Court order.
14.1.5.240 Reporting by the Public Health Officer
(a) The Public Health Officer is authorized to report to a local health department, State Department of Public Health, and/or the Indian Health Service any information concerning a reportable disease or condition, an unusual cluster, or a suspicious event that they reasonably believe has the potential to be caused by or an indicator of bioterrorism. These may include the following:
(1) A single diagnosed or strongly suspected case of disease caused by an uncommon agent or a potential agent of bioterrorism occurring in a patient with no known risk factors;
(2) A cluster of patients presenting with a similar syndrome that includes unusual disease characteristics or unusually high morbidity or mortality without obvious etiology;
(3) Unexplained increase in a common syndrome above a seasonally expected level; or
(4) Notifying other jurisdictions if excluding individuals.
Sharing of information on reportable conditions, unusual clusters, or suspicious events with state and local public health authorities shall be restricted to the information necessary for the treatment, control, investigation, and prevention of a public health emergency.
14.1.5.250 Confidentiality
(a) All records and specimens containing or accompanied by patient identifying information are confidential.
(b) This information shall not be released by the Public Health Officer except under the following circumstances:
(1) Release is made of all or part of the medical record with the written consent of the person or persons identified or their guardian;
(2) Release is made to health care personnel providing medical care to the patient;
(3) Release is necessary to protect the public health;
(4) Release is made pursuant to subpoena or court order. Upon request of the person identified in the record, the record shall be reviewed in camera. In the hearing, the judge may, during the taking of testimony concerning such information, exclude from the courtroom all persons except the officers of the court, the parties, and those engaged in the trial of the case;
(5) Release is made to a court or a law enforcement official for the purpose of enforcing communicable disease laws. A law enforcement official who receives the information shall not disclose it further, except:
(A) When necessary to enforce communicable disease laws; or
(B) When a health care provider or facility seeks the assistance of the law enforcement official in preventing or controlling the spread of the disease or condition and expressly authorizes disclosure as necessary for that purpose;
(6) Release is made to another Tribal, federal, state, or local public health
agency for the purpose of preventing or controlling the spread of communicable diseases.
