New Mexico Register / Volume XXXIV, Issue 16 / August
29, 2023
This
is an amendment to 7.5.3 NMAC, Sections 6, 7, 8, and 9 effective
8/29/2023.
7.5.3.6 OBJECTIVE: The objective is to establish standards and
procedures for obtaining exemptions to required immunizations as allowed by
Section 24-5-3 NMSA 1978; specifically for children whose:
A. [duly
licensed physician] licensed
physician, a physician assistant, or a certified nurse practitioner
provides a certificate stating that any of the required immunizations would
seriously endanger the life or health of the child; or
B. parent or legal
guardian attests via affidavit or written affirmation from an officer of a
recognized religious denomination that such child's parents or guardians are
bona fide members of a denomination whose religious teaching requires reliance
upon prayer or spiritual means alone for healing; or
C. parent or legal
guardian attests via affidavit or written affirmation that their religious
beliefs, held either individually or jointly with others, do not permit the
administration of vaccine or other immunizing agent.
[7.5.3.6
NMAC - Rp, 7 NMAC 5.3.6, 11/27/2013; A, 8/29/2023]
7.5.3.7 DEFINITIONS:
A. “ACIP”
means advisory committee on immunization practice.
B. “Administrative authority”
means the superintendent, principal, or the designee of such person.
C. “Certified nurse practitioner”
means a registered nurse licensed by the New Mexico board of nursing for
advanced practice as a certified nurse practitioner.
[C.]
D. “Denial” means a denial of a request for exemption from
immunizations.
[D.] E. “Department”
means the department of health.
[E.]
F. “Licensed physician” means a physician licensed by the New Mexico
board of medicine to practice medicine or osteopathic medicine.
[F.]
G. “NMSIIS” means the New Mexico Statewide Immunization Information
System; a secured, confidential, population-based, computerized registry for
recording vaccination information established pursuant to Sections 24-5-7
through 24-5-15 NMSA 1978.
H. “Physician assistant” means a health care practitioner licensed by the
New Mexico board of medicine to practice as a physician assistant and to
provide services to patients with the supervision of or in collaboration with a
licensed physician.
[G.]
I. “Public health division” means a
division of the department of health within which the immunization program is
located.
[H.]
J. “Required immunizations” means those immunizations against diseases
deemed to be dangerous to the public health by the public health division, and
set forth in its immunization requirements, which are within recommendations of
the ACIP.
[I.]
K. “Satisfactory evidence of commencement of
immunization” means satisfactory evidence of a person having begun the
process of immunizations, such as a certificate, or record signed by a [duly]
licensed physician or other recognized public or private health provider
[facility] stating that the person has received at least the first in
the series of required immunizations and is proceeding with the immunizations
according to the prescribed schedule.
[J.]
L. “Satisfactory evidence of immunization” means
a statement, certificate, or record signed by a licensed physician or other
recognized licensed health provider stating that the required immunizations
have been given to the person or record of receipt of immunization in the
NMSIIS registry.
[K.] M. “Secretary” means the secretary for the
department of health.
[7.5.3.7
NMAC - Rp, 7 NMAC 5.3.7, 11/27/2013; A, 8/29/2023]
7.5.3.8 REQUIREMENTS FOR APPROVAL OF EXEMPTIONS FROM
IMMUNIZATION:
A. Any minor child through his parent
or guardian may file a request for exemption from required immunization with
the director of the public health division by providing the following:
(1) certificate or affidavit from a
[duly licensed physician] licensed
physician, a physician assistant, or a certified nurse practitioner
attesting that any of the required immunizations would seriously endanger the
life or health of the child; or
(2) an affidavit or written affirmation
from an officer of a recognized religious denomination stating that the parents
or guardians are bona fide members of the recognized denomination, whose
religious teaching requires reliance upon prayer or spiritual means alone for
healing; or
(3) an affidavit or written affirmation
by a parent or guardian whose religious beliefs, held either individually or
jointly with others, do not permit the administration of vaccine or other
immunizing agents.
B. The original request for approval of
any exemptions from immunization must be mailed to the department of health,
public health division, immunization program.
The address is P.O. Box 26110, Suite S-1250, Santa Fe, NM, 87502. Request forms can be found at the
immunization program offices 1190 St. Francis Drive, Suite South 1250 or on the
program’s website.
C. Within 60 days of receipt of a
request for exemption from immunization, the department of health immunization
program [manager] staff shall review the request to determine
whether the certificate has been duly completed. Incomplete requests shall be returned to the
requester with information regarding what elements are missing.
D. The department of health
immunization program [manager] staff shall determine approval
status of all requests for exemption:
(1) exemption requests shall be approved
for a [nine month] one-year period
indicated by the public health division director or designee;
(2) in the case of approval of a request
for exemption, an approved, signed copy of the request shall be provided to the
parents or guardian of the child [and to the administrative authority of the
school or director of the pre-school or childcare center at which the child has
been conditionally enrolled];
(3) in the case of a denial, the
department of health immunization program
staff shall state the reasons for denial in a letter of notification to
the parents or guardian of the child [and to the administrative authority of
the school or director of the pre-school or childcare center at which the child
has been conditionally enrolled].
The notice to the parents or guardians shall also include information
about the review process in 7.5.3.9 NMAC.
[7.5.3.8
NMAC - Rp, 7 NMAC 5.3.8, 11/27/2013; A, 8/29/2023]
7.5.3.9 REVIEW CRITERIA:
A. The department of health
immunization program [manager] staff will consider the
requirements and allowances of the law and the completeness and clarity of the
requests for exemption in his or her review.
Written criteria for review of exemption from immunization shall be available
on the department of health website, included in documents required for
submission of immunization exemptions, and provided upon request made to the
department.
B. Requests for exemption based on a
certificate or affidavit from a [duly licensed physician] licensed
physician, a physician assistant, or a certified nurse practitioner will be
reviewed for the following:
(1) an original document signed by a [duly
licensed doctor of medicine or doctor of osteopathic
medicine] licensed physician, a physician assistant, or a certified
nurse practitioner, which
(2) contains a statement that
immunizations would seriously endanger the health of the child.
C. Requests for religious exemption
based on an affidavit or written affirmation from an officer of a religious
denomination will be reviewed for the following:
(1) an original document signed by an
officer of the denomination, which
(2) contains a statement affirming that
the parent or guardian of the child are members of the religious denomination;
and
(3) that the religious teachings of the
denomination require reliance on prayer or spiritual means alone for healing.
D. Requests for exemption based on an
affidavit or written affirmation from a parent will be reviewed for the
following:
(1) an original, signed, complete,
properly notarized form, which
(2) contains a statement of affirmation
from the parent or guardian that their personal religious belief, or jointly-held religious belief does not permit immunization
of their child.
[7.5.3.9
NMAC - Rp, 7 NMAC 5.3.9, 11/27/2013; A, 8/29/2023]