TITLE 7 HEALTH
CHAPTER 5 VACCINATIONS
AND IMMUNIZATIONS
PART 2 IMMUNIZATION
REQUIREMENT
7.5.2.1 ISSUING AGENCY: Public Health Division, Department of
Health.
[7.5.2.1 NMAC - Rp, 7.5.2.1 NMAC,
11/27/13]
7.5.2.2 SCOPE: These regulations govern children
presenting satisfactory evidence of age appropriate immunization, or children
presenting satisfactory evidence demonstrating that they are in the process of
being age appropriately immunized, enrolled in, or who are seeking to be
enrolled in, all public, private,
home, parochial, elementary, childcare, pre-school, and secondary schools,
except for those children who have been legally exempted from these
immunizations and those children attending school in areas/counties that have
not been targeted for a specific immunization requirement. This regulation is
incorporated by reference in 6.12.2.8 “Requirements for Immunization of
Children Attending Public, Nonpublic, or Home Schools” as promulgated by the
New Mexico public education department, and 8.16.2 and 8.17.2 NMAC, “Childcare
Centers, Out of School Time Programs, Family Childcare Homes, and Other Early
Care and Education Programs and Requirements Governing Registration of
Non-Licensed Family Childcare Homes,” as promulgated by the children youth and
families department (CYFD).
[7.5.2.2 NMAC - Rp, 7.5.2.2 NMAC,
11/27/13]
7.5.2.3 STATUTORY AUTHORITY: These regulations are promulgated by the
secretary of the New Mexico department of health under the authority of Section
9-7-6.3, Section 24-1-3 (N); and Section 24-5-1 NMSA 1978. Enforcement of these regulations is the
responsibility of the public health division of the New Mexico department of
health.
[7.5.2.3 NMAC - Rp, 7.5.2.3 NMAC,
11/27/13]
7.5.2.4 DURATION: Permanent.
[7.5.2.4 NMAC - Rp, 7.5.2.4 NMAC,
11/27/13]
7.5.2.5 EFFECTIVE DATE: November 27, 2013, unless a later date is
cited at the end of a section.
[7.5.2.5 NMAC - Rp, 7.5.2.5 NMAC,
11/27/13]
7.5.2.6 OBJECTIVE: The objective is to provide for the health
and safety of students enrolled in New Mexico schools, educational facilities,
and daycare centers by requiring immunizations to abate the spread of diseases
that are dangerous to the public health.
[7.5.2.6 NMAC - Rp, 7.5.2.6 NMAC,
11/27/13]
7.5.2.7 DEFINITIONS:
A. “Age appropriately immunized” means satisfactory
evidence has been provided documenting that the person has completed all
required immunizations which someone his or her age is eligible to receive
according to the public health division school/daycare entry immunization
requirements, which are within the Advisory Committee on Immunization Practice
(ACIP) recommendations.
B. “Child” or “Children” are persons who are of the age
birth through 18 years.
C. “Department” means the New Mexico department of
health.
D. “In the process of being age appropriately immunized”
means a child has received all required immunizations he or she is eligible to
receive according to the public health division school/daycare entry
immunization requirements, but has not completed one or more vaccine series
because a sufficient time interval has not elapsed for the subsequent dose or
doses of vaccine to be administered according to the recommended intervals
between doses published by the ACIP.
E. “Licensed physician” means physician licensed to
practice medicine or osteopathic medicine in New Mexico, another state or
territory.
F. “Public health authority” means an
agency or authority of the United States, a state, a territory, a political subdivision
of a state or territory, or an Indian tribe, or a person or entity acting under
a grant of authority from or contract with such public agency, including the
employees or agents of such public agency or its contractors or persons or
entities to whom it has granted authority, that is responsible for public
health matters as part of its official mandate.
The public health authority is authorized by law to collect or receive
protected health information for the purpose of preventing or controlling disease,
injury, or disability, including, but not limited to, the reporting of disease,
injury, vital events such as birth or death, and the conduct of public health
surveillance, public health investigations, and public health interventions;
or, at the direction of a public health authority, to an official of a foreign
government agency that is acting in collaboration with a public health
authority.
G. “Public health division” means the public health
division of the department.
H. “Public health division regional health officer”
means the physician medical director assigned to a public health region in New
Mexico as defined by the public health division of the department.
I. “Public health division school/daycare entry
immunization requirements” means the immunizations required for entry into
all schools and facilities (public, private, home, parochial, elementary,
childcare, pre-school, and secondary schools) in New Mexico as set forth by the
secretary of the department.
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.
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 licensed 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.
L. “Satisfactory
evidence of immunization” means a statement, certificate, or record signed
by a duly licensed physician or other recognized licensed public or private
health facility stating that the required immunizations have been given to the
person or record of receipt of immunization in the New Mexico Statewide
Immunization Information System (NMSIIS) registry.
[7.5.2.7 NMAC - Rp, 7.5.2.7 NMAC,
11/27/13]
7.5.2.8 IMMUNIZATION REQUIREMENTS:
A. In accordance with Section 9 below required
immunizations shall be administered in accordance with guidelines established
by the ACIP of the United States department of health and human services and
the American academy of pediatrics.
B. A child shall be determined to be non-compliant with
these regulations if the child has not been properly exempted from immunization
and has not received any of the required immunization doses within the
recommended intervals between doses published by the ACIP.
C. Immunization records shall be kept on file at all
schools and facilities (public, private, home, parochial, elementary,
childcare, pre-school, and secondary schools) or in the NMSIIS under these
regulations in accordance with retention periods defined in Subsection D of
1.20.2.101 NMAC and in 1.15.8.101 NMAC.
D. Immunization records shall be kept current and
available to the public health division as defined in Section 24-5-4, NMSA
1978.
E. All schools and facilities under these regulations
shall be required to participate in an annual immunization records audit at the
request of the department.
F. All schools required to comply with these regulations
shall notify the local public health division regional health officer if a
child about to be enrolled or while enrolled has been held out of school for
more than five consecutive school days for non-compliance with these
regulations. Contact information for
regional health officers shall be published in the school immunization
requirements.
[7.5.2.8 NMAC - Rp, 7.5.2.8 NMAC,
11/27/13]
7.5.2.9 REQUIRED IMMUNIZATIONS LIST:
A. Diphtheria.
B. Pertussis.
C. Tetanus.
D. Poliomyelitis.
E. Measles.
F. Mumps.
G. Rubella.
H. Haemophilus influenza type b (HiB) (for facilities regulated by CYFD as described in
8.16.2 NMAC or other pre-school or school-age populations as determined by the
secretary of the department of health).
I. Hepatitis B.
J. Varicella.
K. Hepatitis
A (for facilities regulated by CYFD as described in NMAC 8.16.2 or other
pre-school populations as determined by the secretary of the department of
health).
L. Pneumococcal
Disease.
M. Other
vaccines for preventable diseases as determined by the secretary of the
department of health and within those recommended by the ACIP.
[7.5.2.9 NMAC - Rp, 7.5.2.9 NMAC,
11/27/13]
7.5.2.10 IMMUNIZATION RECORD SHARING:
A. Under the Health Insurance Portability and Accountability
Act (HIPAA), immunization data are protected health information; however, HIPAA
permits covered entities to disclose, without individual authorization or prior
notification, protected health information to public health authorities
authorized by law to collect or receive such information for the purpose of
prevention or controlling disease (45 CFR § 164.502). Under federal guidelines, the definition of a
“public health authority” requires that an agency’s official mandate include
the responsibility for public health matters.
The mandate can be responsibility for public health matters, generally,
or it can be for specific public health matters. An agency’s official mandate does not have to
be exclusively or primarily for public health.
To the extent a public health authority is authorized by law to collect
or receive information for the public health purposes specified in the public
health provision, covered entities protected health information to such public
health authorities without authorization pursuant to the public health
provision.
B. Public health authorities include federal public health
agencies, tribal health agencies, state public health agencies, local public
health agencies, and anyone performing public health functions under a grant of
authority from the department.
C. New Mexico schools shall act as a “public health
authority” in cooperation with the department when they track immunization
status of enrolled students and those in the process of enrolling.
[7.5.2.10 NMAC - Rp, 7.5.2.10 NMAC,
11/27/13]
History of 7.5.2
NMAC:
Pre-NMAC Filing
History:
Material in this part was derived from that previously filed
with the State Records Center:
HSSD 70-2, Regulations Governing Immunizations Required for
School Attendance, 2/17/70.
HSSD 71-2, Regulations Governing Immunizations Required for
School Attendance, 12/27/71.
History of Repealed
Material:
HSSD 71-2, Regulations Governing Immunizations Required for
School Attendance, repealed by Rule 91-05, Rule Repealing Obsolete Rules and
Regulations, filed 10-24-91.
7.5.2 NMAC, Immunization Requirement, filed 8/15/00 -
Repealed effective 11/27/13.
