N.M. Code R. § 7.5.3.8

Current through Register Vol. 32, No. 19, October 13, 2021
Section 7.5.3.8 - REQUIREMENTS FOR APPROVAL OF EXEMPTIONS FROM IMMUNIZATION
A. Any minor child through his parent or guardian may file a request for exemption from required immunization with the director of the public health division by providing the following:
(1) certificate or affidavit from a duly licensed physician attesting that any of the required immunizations would seriously endanger the life or health of the child; or
(2) an affidavit or written affirmation from an officer of a recognized religious denomination stating that the parents or guardians are bona fide members of the recognized denomination, whose religious teaching requires reliance upon prayer or spiritual means alone for healing; or
(3) an affidavit or written affirmation by a parent or guardian whose religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agents.
B. The original request for approval of any exemptions from immunization must be mailed to the department of health, public health division, immunization program. The address is P.O. Box 26110, Suite S-1250, Santa Fe, NM, 87502. Request forms can be found at the immunization program offices 1190 St. Francis Drive, Suite South 1250 or on the program's website.
C. Within 60 days of receipt of a request for exemption from immunization, the department of health immunization program manager shall review the request to determine whether the certificate has been duly completed. Incomplete requests shall be returned to the requester with information regarding what elements are missing.
D. The department of health immunization program manager shall determine approval status of all requests for exemption:
(1) exemption requests shall be approved for a nine-month period indicated by the public health division director or designee;
(2) in the case of approval of a request for exemption, an approved, signed copy of the request shall be provided to the parents or guardian of the child and to the administrative authority of the school or director of the pre-school or childcare center at which the child has been conditionally enrolled;
(3) in the case of a denial, the department of health immunization program manager shall state the reasons for denial in a letter of notification to the parents or guardian of the child and to the administrative authority of the school at which the child has been conditionally enrolled. The notice to the parents or guardians shall also include information about the review process in 7.5.3.9 NMAC.

N.M. Code R. § 7.5.3.8

7.5.3.8 NMAC - Rp, 7 NMAC 5.3.8, 11/27/13