Immunization

NMSA 1978 ch. 24, art. 5

in effect

NMSA 1978, § 24-5-1 Immunization regulations

24-5-1. Immunization regulations A. The public health division of the department of health shall, after consultation with the public education department and the early childhood education and care department, promulgate rules governing the immunization against diseases deemed to be dangerous to the public health, to be required of children attending licensed child care and licensed early childhood care programs and public, private, home or parochial schools in the state. Rules promulgated pursuant to this subsection shall establish the immunizations required and the manner and frequency of their administration in accordance with recommendations from the department of health. The public health division shall supervise and secure the enforcement of the required immunization program. B. The public health division of the department of health shall promulgate rules governing the immunization against diseases deemed to be dangerous to the public health, to be recommended for adults residing in the state. Rules promulgated pursuant to this subsection shall establish the immunizations recommended and the recommended manner and frequency of their administration in accordance with guidance from the department of health. 1953 Comp., § 12-3-4.1, enacted by Laws 1959, ch. 329, § 1; 1977, ch. 253, § 20; 1985, ch. 21, § 5; 1998, ch. 26, § 1; 2025 (1st S.S.), ch. 5, § 1; 1978 Comp., § 24-5-1, repealed and reenacted by Laws 2025 (1st S.S.), ch. 5, § 8; 2026, ch. 42, § 1.

NMSA 1978, § 24-5-1.1 Short title

24-5-1.1. Short title Chapter 24, Article 5 NMSA 1978 may be cited as the "Immunization Act". Laws 2004, ch. 45, § 1.

NMSA 1978, § 24-5-2 Unlawful to enroll in school or licensed child care programs unimmunized; unlawful to refuse to permit immunization

24-5-2. Unlawful to enroll in school or licensed child care programs unimmunized; unlawful to refuse to permit immunization It is unlawful for any child to enroll in school or a licensed child care or licensed early childhood care program unless the child has been immunized as required under the rules of the public health division of the department of health and can provide satisfactory evidence of such immunization; provided that, if the child produces satisfactory evidence of having begun the process of immunization, the child may enroll and attend school or the child care program 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 the parent's child immunized, as required by this section, unless the child is properly exempted. 1953 Comp., § 12-3-4.2, enacted by Laws 1959, ch. 329, § 2; 1975, ch. 25, § 1; 1977, ch. 253, § 21; 2025 (1st S.S.), ch. 5, § 2; 1978 Comp., § 24-5-2, repealed and reenacted by Laws 2025 (1st S.S.), ch. 5, § 9.

NMSA 1978, § 24-5-3 Exemption from immunization

24-5-3. Exemption from immunization A. Any minor child through the child's parent or guardian may file with the health authority charged with the duty of enforcing the immunization laws: (1) a certificate of a licensed physician, a physician assistant or a certified nurse practitioner stating that the physical condition of the child is such that immunization would seriously endanger the life or health of the child; (2) an affidavit or written affirmation from an officer of a recognized religious denomination that the 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) an affidavit or written affirmation from the child's parent or legal guardian that the parent's or legal guardian's 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, affidavit 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, affidavit or affirmation. 1953 Comp., § 12-3-4.3, enacted by Laws 1959, ch. 329, § 3; 1979, ch. 42, § 1; 2023, ch. 94, § 1.

NMSA 1978, § 24-5-4 Superintendent; duty to report

24-5-4. Superintendent; duty to report It is the duty of each school superintendent, whether of a public, private or parochial school, to cause to be prepared a record showing the required immunization status of every child enrolled in or attending a school under his jurisdiction. These records must be kept current and available to the public health authorities. The name of any parent or guardian who neglects or refuses to permit his child to be immunized against diseases as required by rules and regulations promulgated hereunder shall be reported by the school superintendent to the director of the health services division [public health division] of the health and environment department [department of health]. 1953 Comp., § 12-3-4.4, enacted by Laws 1959, ch. 329, § 4; 1975, ch. 25, § 2; 1977, ch. 253, § 22.

NMSA 1978, § 24-5-5 Who may immunize; who must pay

24-5-5. Who may immunize; who must pay The immunization required by Chapter 24, Article 5 NMSA 1978 may be done by any health care provider who holds a license or certificate pursuant to state law that authorizes him to immunize. If the parents are unable to pay, the immunization shall be provided by the public health division of the department of health. The department shall undertake every effort to obtain federal funding to implement the department's immunization program. No public health employee may receive any fee for immunization service if the service is compensated for by the public health division. Local school boards may contribute toward the cost of materials and supplies for immunizations. 1953 Comp., § 12-3-4.5, enacted by Laws 1959, ch. 329, § 5; 1977, ch. 253, § 23; 1998, ch. 26, § 2.

NMSA 1978, § 24-5-6 Penalty

24-5-6. Penalty Violation of any provisions relating to the immunization of school children is a misdemeanor. 1953 Comp., § 12-3-4.6, enacted by Laws 1959, ch. 329, § 6.

NMSA 1978, § 24-5-7 Immunization registry; creation

24-5-7. Immunization registry; creation The department of health, in conjunction with the human services department [health care authority department], shall establish and maintain a state immunization registry. The registry shall be a single repository of accurate, complete and current immunization records to aid, coordinate and promote effective and cost-efficient disease prevention and control efforts. Laws 2004, ch. 45, § 2.

NMSA 1978, § 24-5-8 Reporting

24-5-8. Reporting Physicians, nurses, pharmacists and other health care providers shall report on immunization to the immunization registry unless the patient, or the patient's guardian if the patient is a minor, refuses to allow reporting of this information. Laws 2004, ch. 45, § 3; 2005, ch. 45, §1; 2013, ch. 93, § 1.

NMSA 1978, § 24-5-9 Access

24-5-9. Access Access to the information in the immunization registry shall be limited to primary care physicians, nurses, pharmacists, managed care organizations, school nurses and other appropriate health care providers or public health entities as determined by the secretary of health; provided that a managed care organization shall be entitled to access information only for its enrollees. Laws 2004, ch. 45, § 4; 2005, ch. 45, §2.

NMSA 1978, § 24-5-10 Use

24-5-10. Use The information contained in the immunization registry shall be used for the following purposes: A. to ensure that the registrants receive all recommended immunizations in a timely manner by providing access to the registrant's immunization record; B. to improve immunization rates by facilitating notice to registrants of overdue or upcoming immunizations; and C. to control communicable diseases by assisting in the identification of individuals who require immediate immunization in the event of a disease outbreak. Laws 2004, ch. 45, § 5.

NMSA 1978, § 24-5-11 Rules

24-5-11. Rules The secretary of health shall adopt rules for the immunization registry pursuant to the Immunization Act concerning the following: A. the implementation and maintenance of the registry; B. requirements for content and submission of reports of immunization to the registry; C. procedures for the patient, or the patient's parent or guardian if the patient is a minor, to decline to participate in the registry; D. procedures for the registrant, or the registrant's parent or guardian if the registrant is a minor, to review and correct information contained in the registry; E. procedures for the registrant, or the registrant's parent or guardian if the registrant is a minor, to withdraw consent for participation at any time and to remove information from the registry; F. limits on and methods of access to the registry by those authorized to gain access; and G. procedures for managed care organizations to obtain summary statistics of immunization information on managed care organization members from the registry. Laws 2004, ch. 45, § 6.

NMSA 1978, § 24-5-12 Obligations

24-5-12. Obligations Nothing in the immunization registry is intended to affect the obligations of persons to have their children immunized pursuant to the Immunization Act. Laws 2004, ch. 45, § 7.

NMSA 1978, § 24-5-13 Rights

24-5-13. Rights Nothing in the Immunization Act shall preclude the right of the patient, or the patient's parent or guardian if the patient is a minor, to claim exemption from immunization as defined in Section 24-5-3 NMSA 1978; nor shall anything in the Immunization Act require such patient to be included in the immunization registry if the patient, or the patient's parent or guardian if the patient is a minor, objects on any grounds, including that such registry conflicts with the religious belief of the patient, or the patient's parent or guardian if the patient is a minor. Laws 2004, ch. 45, § 8.

NMSA 1978, § 24-5-15 Liability

24-5-15. Liability Any person reporting, receiving, using or disclosing information to or from the immunization registry as authorized by the Immunization Act or by any rule adopted pursuant to that act shall not be liable for civil damages of any kind connected with such submission, use or disclosure of immunization information. Laws 2004, ch. 45, § 10.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18524/index.doFetched: 10/20/2026