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CHAPTER 24. HEALTH AND SAFETY
ARTICLE 5. IMMUNIZATION
N.M. Stat. Ann. § 24-5-1 (2007)
§ 24-5-1. Immunization regulations
The public health division of the department
of health shall, after consultation with the state board of education,
promulgate rules and regulations governing the immunization against
diseases deemed to be dangerous to the public health, to be required
of children attending public, private, home or parochial schools
in the state. The immunizations required and the manner and frequency
of their administration shall conform to recommendations of the
advisory committee on immunization practices of the United States
department of health and human services and the American academy
of pediatrics. The public health division shall supervise and secure
the enforcement of the required immunization program.
N.M. Stat. Ann. § 24-5-2 (2007)
§ 24-5-2. Unlawful to enroll in school
unimmunized; unlawful to refuse to permit immunization
It is unlawful for any student to enroll in
school unless he has been immunized, as required under the rules
and regulations of the health services division of the health and
environment department [department of health], and can provide satisfactory
evidence of such immunization. Provided that, if he produces satisfactory
evidence of having begun the process of immunization, he may enroll
and attend school as long as the immunization process is being accomplished
in the prescribed manner. It is unlawful for any parent to refuse
or neglect to have his child immunized, as required by this section,
unless the child is properly exempted.
N.M. Stat. Ann. § 24-5-3 (2007)
§ 24-5-3. Exemption from immunization
A. Any minor child through his parent or guardian
may file with the health authority charged with the duty of enforcing
the immunization laws:
(1) a certificate of a duly licensed physician
stating that the physical condition of the child is such that
immunization would seriously endanger the life or health of the
child; or
(2) affidavits 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
(3) affidavits or written affirmation from his parent or legal
guardian that his religious beliefs, held either individually
or jointly with others, do not permit the administration of vaccine
or other immunizing agent.
B. Upon filing and approval of such certificate,
affidavits or affirmation, the child is exempt from the legal requirement
of immunization for a period not to exceed nine months on the basis
of any one certificate, affidavits or affirmation.
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