TITLE 6 PRIMARY AND SECONDARY EDUCATION
CHAPTER 12 PUBLIC SCHOOL ADMINISTRATION - HEALTH AND
SAFETY
PART 2 HEALTH SERVICES
6.12.2.1 ISSUING AGENCY: Public Education Department
[6.12.2.1 NMAC - Rp, 6.12.2.1 NMAC, 11-15-05]
6.12.2.2 SCOPE: This regulation applies to children attending
public, nonpublic, or home schools in New Mexico unless otherwise expressly
limited.
[6.12.2.2 NMAC - Rp, 6.12.2.2 NMAC, 11-15-05]
6.12.2.3 STATUTORY AUTHORITY: This regulation is adopted pursuant to Section
22-2-1 NMSA 1978.
[6.12.2.3 NMAC - Rp, 6.12.2.3 NMAC, 11-15-05]
6.12.2.4 DURATION: Permanent
[6.12.2.4 NMAC - Rp, 6.12.2.4 NMAC, 11-15-05]
6.12.2.5 EFFECTIVE DATE: 11-15-05, unless a later date is cited at the
end of a section.
[6.12.2.5 NMAC - Rp, 6.12.2.5 NMAC, 11-15-05]
6.12.2.6 OBJECTIVE: This rule addresses health services for
children attending schools in New Mexico.
[6.12.2.6 NMAC - Rp, 6.12.2.6 NMAC, 11-15-05]
6.12.2.7 DEFINITIONS: [Reserved]
6.12.2.8 REQUIREMENTS FOR IMMUNIZATION
OF CHILDREN ATTENDING PUBLIC, NONPUBLIC, OR HOME SCHOOLS:
A. The following definitions apply to
this section.
(1) “Active duty” means
full-time duty status in the active uniformed service of the United States,
including members of the national guard and reserve on active duty orders
pursuant to 10 U.S.C. Sections 1209 and 1211.
(2) "Administrative
authority" means the superintendent, principal or the designee of such
person.
(3) “Children of military
families” means children enrolled in kindergarten through twelfth grade in the
household of an active duty member.
(4) "Public health
division regulations" means those regulations adopted by the public health
division of the department of health pursuant to the authority granted in
Sections 24-5-1 to 24-5-6, NMSA 1978 and including the immunization schedule.
(5) "Licensed
physician" means a physician licensed to practice medicine or osteopathic
medicine in New Mexico, another state or territory.
(6) "Certified nurse
practitioner" means an individual licensed as a certified nurse
practitioner with prescriptive authority by the New Mexico board of nursing,
another state or territory.
(7) "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 schedule
effective at date of enrollment.
(8)
"Satisfactory evidence of commencement and completion of
immunization" means satisfactory evidence of a person having begun the
process of immunizations in a statement, certificate or record signed by a duly
licensed physician, certified nurse practitioner, or other recognized public or
private health 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. Persons enrolling in schools who have begun
the process of immunization shall have one month following the date of
enrollment to complete the required immunizations and submit satisfactory
evidence of completing the required immunizations or having continued the process
of the required series.
(9) “Satisfactory evidence of
immunization” means a statement, certificate or record signed by a duly
licensed physician, certified nurse practitioner, or other recognized, licensed
health facility stating that the required immunizations have been administered
to the person.
B. No student shall be enrolled in the
public, nonpublic, or home schools in the state unless the student can present
satisfactory evidence of commencement or completion of immunization in
accordance with the immunization schedule and rules and regulations of the
public health division.
C. Exemptions from immunization:
(1) The student is exempt from
immunization as required by Subsection B of this rule upon filing with the
governing authority:
(a) a statement or certificate
signed by a licensed physician or certified nurse practitioner stating that the
physical condition of the person seeking enrollment is such that immunization
would seriously endanger the life or health of the person; or
(b) an exemption granted by
the public health division on the basis of:
(i) notarized 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
(ii) notarized 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.
(2) Exemptions from obtaining
the required immunizations, as listed under Subsection C of 6.12.2.8 NMAC are
valid for a period not to exceed nine (9) months and will not extend beyond the
end of the school year in which the child is currently enrolled.
D. Children of military families: Children of
military families shall be enrolled and conditionally placed in any
public, nonpublic or home school to which they are eligible for thirty (30)
days while the student obtains the required immunizations. For a series of
required immunizations, students of active military families must obtain at
least the first in the series of required immunizations within thirty (30) days
of the date of enrollment.
E. Disenrollment: If satisfactory evidence of commencement or
completion of immunization or an exemption from immunization in accordance with
Subsections C and D of 6.12.2.8 NMAC is subsequently determined to be invalid
for any reasons and the student is unable to provide either valid satisfactory
evidence of commencement or completion of immunization or a valid exemption
from immunization in accordance with Subsections C and D of 6.12.2.8 NMAC, the
administrative authority shall commence disenrollment proceedings.
F. Administrative duty to report:
(1) It is the duty of each
school superintendent, whether of a public or nonpublic school, to cause to be
prepared a record showing the required immunization status of every child
enrolled in or attending a school under his (her) jurisdiction.
(2) These records must be kept
current and available to public health authorities.
(3) The name of any parent or
guardian who neglects or refuses to permit his (her) child to be immunized
against diseases as required by rules and regulations promulgated by the public
health division shall be reported by the school superintendent to the director
of the public health division within a reasonable time after such facts become
known to the superintendent.
[6.12.2.8 NMAC - Rp, 6.12.2.7, 8, 9, 10 & 11 NMAC,
11-15-05; A, 10-31-11]
6.12.2.9 STUDENT’S RIGHT TO SELF
ADMINISTER CERTAIN MEDICATIONS
A. The following definitions apply to
this section.
(1) “Health care practitioner”
means a person authorized under law in New Mexico to prescribe drugs for the
treatment of asthma and anaphylaxis associated medical conditions.
(2) “Medication” means a drug
as that term is defined in section 201 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321) and includes inhaled bronchodilators, inhaled
corticosteroids and auto-injectable epinephrine.
(3) “Self-administration”
means a student’s discretionary use of his or her prescribed asthma or
anaphylaxis medication, pursuant to prescription or written direction from a
health care practitioner.
B. Requirements
(1) General rights: Schools (whether public or nonpublic) must
grant to any student in grades kindergarten through 12 authorization to carry
and self-administer health care practitioner prescribed asthma treatment
medications and anaphylaxis emergency treatment medication if the following
conditions are met:
(a) a health care practitioner
has prescribed the medication for use by the student during school hours and
instructed the student in the correct and responsible use of the medication;
and
(b) the student has
demonstrated the skill level necessary to use the medication and any device
that is necessary to administer such medication as prescribed by the health
care practitioner (or such practitioner’s designee) and the school nurse or
other school official who is a public education department licensed health care
provider; and
(c) the school nurse (if
available) with the health care practitioner formulates a written treatment
plan for managing asthma or anaphylaxis episodes of the student and for
medication use by the student during school hours; and
(d) the school has, in
writing, informed the parent or guardian of the student that the school,
including its employees and agents, is to incur no liability as a result of any
injury arising from the self-administration of medication pursuant to this
section; and
(e) the student’s parent or
guardian has completed and submitted to the school:
(i)
any written documentation required by the school, including the
statement required by Paragraph (1);
(ii) the treatment plan formulated under Subparagraph
(c) of this paragraph; and
(iii)
a signed statement from the parent or guardian of the student
acknowledging that, notwithstanding any provision of state law to the contrary,
the school (including its employees and agents) is to incur no liability as a
result of any injury arising from such self-administration of medication and the
parent or guardian will indemnify and hold harmless the school (including its
employees and agents) against any claim arising out of such self-administration
of medication.
(2) Extent of
authorization: An authorization granted
under Paragraph (1) of Subsection B must allow the student involved to possess and
use his/her medication:
(a) while in school;
(b) while at a
school-sponsored activity;
(c) during normal
before-school and after-school activities such as before-school or after school
care on school-operated property; and,
(d) in transit to or from
school or school-sponsored activities.
(3) Duration of authorization. An authorization granted under Subsection B:
(a) must be effective only for
the school year for which it is granted; and
(b) must be renewed by the
parent or guardian each subsequent school year in accordance with this section.
(4) The school must ensure
that back-up medication, if provided by a student’s parent or guardian, be kept
at the student’s school at a location easily accessible to the student in event
of an asthma or anaphylaxis emergency.
Each school must develop policies and procedures to address the
safekeeping of back-up medication in a manner that ensures the medication is
easily accessible by the student.
Authorized school personnel who in good faith provide a person with
backup medication as provided in this paragraph are not liable for civil
damages as a result of providing the medication.
(5) Maintenance of information: Information described in Subparagraphs (c)
and (e) of Paragraph (1) shall be kept on file at the student’s school in a
location easily accessible in the event of an asthma or anaphylasix emergency. Each school must develop policies and
procedures to address the safekeeping and confidentiality of the required
information.
[6.12.2.9 NMAC - N, 11-15-05]
6.12.2.10 HUMAN IMMUNODEFICIENCY VIRUS
(HIV)
A. This section applies to local school
boards, local school districts, and charter schools and governs policies to be
implemented by local school districts with regards to students and school
employees infected with HIV, provides for appropriate curricula regarding HIV,
and requires community involvement in the development of policies and the review
of instructional materials.
B. Each school district shall implement
a policy that will ensure that all students infected with HIV have appropriate
access to public education and that their rights to privacy are protected and
to further ensure that the rights to privacy of all school employees infected with
HIV are protected.
C. Curricula:
(1) Each school district shall
provide instruction about HIV and related issues in the curriculum of the required
health education content area to all students in the elementary grades, in the
middle/junior high school grades, and in the senior high school grades.
(2) Educational materials and
grade levels of instruction shall be determined by the local school district
and shall be appropriate to the age group being taught.
(3) The instructional program
shall include, but not necessarily be limited to:
(a) definition of HIV and
acquired immune deficiency syndrome (AIDS);
(b) the symptoms and prognosis
of HIV and AIDS;
(c) how the virus is spread;
(d) how the virus is not
spread;
(e) ways to reduce the risks of getting
HIV/AIDS, stressing abstinence;
(f) societal implications for
this disease;
(g) local resources for
appropriate medical care; and
(h) ability to demonstrate
refusal skills, overcome peer pressure, and use decision‑making skills.
D. Community involvement. Each local board of education shall insure
the involvement of parents, staff; and students in the development of policies
and the review of instructional materials.
[6.12.2.10 NMAC - Rp, 6.12.3.8, 9 & 10 NMAC, 11-15-05]
HISTORY OF 6.12.2
NMAC:
PRE-NMAC HISTORY:
The material in 6.12.2.8 NMAC is derived
from that previously filed with the State Records Center and Archives under:
State Board of Education (SBE) Regulation No. 76-16, Immunization Of School
Children, filed September 1, 1976; and State Board of Education (SBE)
Regulation No. 76-16 (Amendment 1), Immunization Of School Children, filed
October 19, 1988. The material in
6.12.2.10 NMAC was derived from that previously filed with the State Records
Center and Archives under: State Board of Education (SBE) Regulation No. 87-11,
Regulation On Acquired Immune Deficiency Syndrome (AIDS), filed April 13, 1988.
HISTORY OF REPEALED
MATERIAL:
The material in 6.12.2.8 NMAC is derived from 6.12.2 NMAC,
Immunization of School Children - repealed effective 11-15-05. The material in 6.12.2.10 NMAC is derived
from 6.12.3 NMAC, Acquired Immune Deficiency Syndrome (AIDS) - repealed
effective 11-15-05.
