New Mexico Register / Volume XXXIV,
Issue 10 / May 31, 2023
NOTICE OF PUBLIC HEARING
The New Mexico Department of Health will hold a public hearing on the proposed
adoption of amendments to rule Part 7.5.3 NMAC,
“Exemptions From School, Childcare, and Pre-School Immunization”, Sections 6
(“Objective”), 7 (“Definitions”), 8 (“Requirements For Approval Of Exemptions
From Immunization”), and 9 (“Review Criteria”). The public hearing will be held
on July 7, 2023 at 9:00 a.m. MDT via web video
conference and telephone. The hearing will be conducted to receive public comment
regarding the adoption of the proposed rule amendments, which concern requirements for the approval of exemptions from
immunization for children, pursuant to Section 24-5-3, NMSA 1978 (“Exemption
From Immunization”).
The proposed amendments seek to make the
following changes:
·
Expand the
list of medical practitioners who may issue a certificate or affidavit
attesting that a required immunization would seriously endanger the life or
health of a child, in accordance with a recent statutory amendment. The healthcare professionals who are
qualified to issue an exemption certificate or affidavit are being expanded from
a “duly licensed physician”, to “a licensed physician, a physician assistant or
a certified nurse practitioner”.
·
Include new
definitions for “physician assistance” and “certified nurse practitioner”, and
make certain edits to existing definitions.
·
Change
certain existing references to the Immunization Program Manager, to
Immunization Program staff.
·
Remove
provisions authorizing the agency to provide a signed copy of a request for
exemption, and denial of an exemption request, to the administrative authority
of a school, pre-school, or daycare center at which the affected child has been
conditionally enrolled.
The purpose of the proposed rule amendments
is to adopt the rule changes described, some of which
are proposed in order to conform the Immunization Exemption rule to recent
statutory amendments to Section 24-5-3 of the NM Immunization Act enacted via
Senate Bill 81 of the 2023 legislative session, which go into effect on July 1,
2023.
A free copy of the full text of the proposed rule amendments can
be obtained from the Department’s website at https://nmhealth.org/publication/regulation/.
Any interested member of the public may
attend the hearing, and anyone may offer public comments on the proposed rule
amendments orally at the hearing. To
access the hearing by telephone: please call 1-505-312-4308, phone conference i.d. code 460 889 552#.
To access the hearing via internet: please go to
https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting, enter the
following meeting i.d. code and passcode where indicated on screen—meeting i.d.
code 248 667 629 571, Passcode: mj6X42, then click the “Join a meeting”
button. All oral comments will be
recorded.
Any person may submit written public
comment concerning the rule amendments.
Written comments may be submitted to the mailing address shown
below. Please submit any written comments
regarding the proposed rules to the attention of:
Via Postal
Mail:
Kathryn Cruz,
NMSIIS Manager
P.O. Box 26110
1190 St. Francis Drive, Suite S-1250
Santa Fe, NM
87502-6110
Via E-mail: Kathryn.Cruz@doh.nm.gov
Mailed written comments must be
received no later than 5:00 p.m. MDT on Wednesday, July 5, 2023. Written comments may also be submitted to the
email address shown above through 5:00 pm MDT on the date of the hearing. All written comments will be published on the
agency website at http://nmhealth.org/publication/regulation/ within 3 business days of
receipt, and will be available at the Office of the New Mexico Department of
Health, at the address above, for public inspection.
If you are an individual with a disability
who is in need of special assistance or accommodations to attend or participate in the hearing,
please contact Brandy Sanchez by telephone at (505) 827-2997. The Department requests at least ten (10)
days’ advance notice to provide requested special accommodations.