reglab/housing_qa huggingface dataset:
NM Stat § 24-4-1 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 4 - District Health Officers|Section 24-4-1 - District health officer; compensation; private practice prohibited; exception.

Each district health officer shall receive the salary prescribed for such position by the state personnel board. The salary shall constitute full authority for the district health officers and they shall receive no other salary payment or fees from any other public source. No district health officer shall engage in the private practice of medicine, maintain an office for the practice of medicine, nor accept nor receive any fee, gratuity or emolument of any form for rendering medical or surgical service to any citizen of this state, except that permission for such practice may be given by the secretary of the health and environment department [secretary of health] in any district, the board of which has declared an emergency to exist. History: Laws 1935, ch. 131, § 6; 1941 Comp., § 71-206; Laws 1947, ch. 172, § 4; 1953 Comp., § 12-2-6; Laws 1957, ch. 174, § 3; 1973, ch. 4, § 8; 1977, ch. 253, § 17; 1980, ch. 81, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department and enacted a new 9-7-4 NMSA 1978 which created the department of health. Section 9-7-5 NMSA 1978, as amended by Laws 1991, ch. 25, § 17, made the secretary of health the administrative head of the department. Cross references. — For appointment and establishment of powers and duties of district health officers and assistants, see 24-1-4 NMSA 1978. For state personnel board, see 10-9-8 NMSA 1978. Section prohibits district health officers from engaging in the practice of medicine except in conjunction with their duties as health officers. 1953 Op. Att'y Gen. No. 53-5753. Acceptance of payment for services. — Where the board has not declared a state of emergency to exist in the district, the district health officer may not accept payment for his services since such would constitute the private practice of medicine and the receipt of a "fee, gratuity or emolument" for rendering medical or surgical services. 1957 Op. Att'y Gen. No. 57-117. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Health § 8 et seq. 39A C.J.S. Health and Environment §§ 9 to 15.
NM Stat § 24-5-1 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 24-5-1 - Immunization regulations.

The public health division of the department of health shall, after consultation with the state board of education [public education department], 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. History: 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. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2004, ch. 25, § 27, provided that all references to the state board of education shall be deemed references to the public education department. See 9-24-15 NMSA 1978. Cross references. — For department of health, see 9-7-4 NMSA 1978. For public education department, see Chapter 9, Article 24 NMSA 1978. The 1998 amendment, effective May 20, 1998, in the first sentence, substituted "public health" for "health services", deleted "health and environment" following "division of the", and inserted "of health" near the beginning; substituted the language beginning with "recommendations of the advisory committee" for "recognized standard medical practice in the state" in the second sentence; and substituted "public health" for "health services" in the last sentence. Claim for defective design of vaccine. — The Public Health Service Act, 42 U.S.C. § 201 et seq., and the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq., and the regulations promulgated thereunder, do not impliedly preempt a state common-law products liability claim for defective design of a pertussis vaccine. MacGillivray v. Lederle Lab. Div., 667 F. Supp. 743 (D.N.M. 1987). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Health § 27; 68 Am. Jur. 2d Schools §§ 277 to 280. Products liability: Pertussis vaccine manufacturers, 57 A.L.R.4th 911, 98 A.L.R. Fed. 124. AIDS infection as affecting right to attend public school, 60 A.L.R.4th 15. Power of court or other public agency to order vaccination over parental religious objection, 94 A.L.R.5th 613. 39A C.J.S. Health and Environment §§ 18, 22; 79 C.J.S. Schools and School Districts §§ 452, 453.
NM Stat § 24-5-1.1 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 24-5-1.1 - Short title.

Chapter 24, Article 5 NMSA 1978 may be cited as the "Immunization Act". History: Laws 2004, ch. 45, § 1. ANNOTATIONS
NM Stat § 24-5-2 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 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 [public health 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. History: 1953 Comp., § 12-3-4.2, enacted by Laws 1959, ch. 329, § 2; 1975, ch. 25, § 1; 1977, ch. 253, § 21. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department and enacted a new 9-7-4 NMSA 1978, which created the department of health. Section 9-7-5 NMSA 1978, as amended by Laws 1991, ch. 25, § 17, made the secretary of health the administrative head of the department. Subsection B of 9-7-4 NMSA 1978 provided that all references to the "health services division" shall be construed to be references to the "public health division".
NM Stat § 24-5-3 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 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. History: 1953 Comp., § 12-3-4.3, enacted by Laws 1959, ch. 329, § 3; 1979, ch. 42, § 1. ANNOTATIONSSection is controlling as to children attending public, private or parochial schools. 1962 Op. Att'y Gen. No. 62-05. Chiropractors do not qualify as physicians for the purposes intended by this section. 1959 Op. Att'y Gen. No. 59-96.
NM Stat § 24-5-4 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 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]. History: 1953 Comp., § 12-3-4.4, enacted by Laws 1959, ch. 329, § 4; 1975, ch. 25, § 2; 1977, ch. 253, § 22. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department and enacted a new 9-7-4 NMSA 1978 which created the department of health. Section 9-7-5 NMSA 1978, as amended by Laws 1991, ch. 25, § 17, made the secretary of health the administrative head of the department. Subsection B of 9-7-4 NMSA 1978 provided that all references to the "health services division" shall be construed to be references to the "public health division".
NM Stat § 24-5-5 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 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. History: 1953 Comp., § 12-3-4.5, enacted by Laws 1959, ch. 329, § 5; 1977, ch. 253, § 23; 1998, ch. 26, § 2. ANNOTATIONSThe 1998 amendment, effective May 20, 1998, inserted "by Chapter 24, Article 5 NMSA 1978" in the first sentence; in the second sentence, substituted "public health" for "health services", deleted "health and environment" following "division of the", and inserted "of health" following "department"; added the third sentence; and substituted "public health" for "health services" in the fourth sentence.
NM Stat § 24-5-6 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 24-5-6 - Penalty.

Violation of any provisions relating to the immunization of school children is a misdemeanor. History: 1953 Comp., § 12-3-4.6, enacted by Laws 1959, ch. 329, § 6. ANNOTATIONSCross references. — For sentencing for misdemeanors, see 31-19-1 NMSA 1978.
NM Stat § 24-5-7 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 24-5-7 - Immunization registry; creation.

The department of health, in conjunction with the human services 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. History: Laws 2004, ch. 45, § 2. ANNOTATIONS
NM Stat § 24-5-8 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 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. History: Laws 2004, ch. 45, § 3; 2005, ch. 45, §1; 2013, ch. 93, § 1. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, required health providers to report immunizations to the immunization registry; and after "providers", deleted "may" and added "shall". The 2005 amendment, effective June 17, 2005, permitted pharmacists to report on immunization to the immunization registry unless the patient or minor patient's guardian refuses to allow the reporting of the immunization.
NM Stat § 24-5-9 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 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. History: Laws 2004, ch. 45, § 4; 2005, ch. 45, §2. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, added pharmacists to the list of those persons who have access to information in the immunization registry.
NM Stat § 24-5-10 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 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. History: Laws 2004, ch. 45, § 5. ANNOTATIONS
NM Stat § 24-5-11 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 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. History: Laws 2004, ch. 45, § 6. ANNOTATIONS
NM Stat § 24-5-12 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 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. History: Laws 2004, ch. 45, § 7. ANNOTATIONS
NM Stat § 24-5-13 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 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. History: Laws 2004, ch. 45, § 8. ANNOTATIONS
NM Stat § 24-5-14 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 24-5-14 - Repealed.

History: Laws 2004, ch. 45, § 9; repealed by Laws 2017, ch. 87, § 31.ANNOTATIONSRepeals. — Laws 2017, ch. 87, § 31 repealed 24-5-14 NMSA 1978, as enacted by Laws 2004, ch. 45, § 9, relating to participation in immunization registry, effective June 16, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com.
NM Stat § 24-5-15 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5 - Immunization|Section 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. History: Laws 2004, ch. 45, § 10. ANNOTATIONS
NM Stat § 24-5A-1 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5A - Vaccine Purchasing|Section 24-5A-1 - Short title.

This act [24-5A-1 to 24-5A-9 NMSA 1978] may be cited as the "Vaccine Purchasing Act". History: Laws 2015, ch. 5, § 1. ANNOTATIONSEmergency clauses. — Laws 2015, ch. 5, § 10 contained an emergency clause and was approved March 20, 2015.
NM Stat § 24-5A-2 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5A - Vaccine Purchasing|Section 24-5A-2 - Definitions.

As used in the Vaccine Purchasing Act: A. "advisory committee on immunization practices" means the group of medical and public health experts that develops recommendations on how to use vaccines to control diseases in the United States, established under Section 222 of the federal Public Health Service Act; B. "department" means the department of health; C. "fund" means the vaccine purchasing fund; D. "group health plan" means an employee welfare benefit plan to the extent that the plan provides medical care to employees or their dependents under the Employee Retirement Income Security Act of 1974 directly or through insurance, reimbursement or other means; E. "health insurance coverage" means benefits consisting of medical care provided directly or through insurance or reimbursement or other means under any hospital or medical service policy or certificate, hospital or medical service plan contract or health maintenance organization contract offered by a health insurance issuer; F. "health insurer" means any entity subject to regulation by the office of superintendent of insurance that: (1) provides or is authorized to provide health insurance or health benefit plans; (2) administers health insurance or health benefit coverage; or (3) otherwise provides a plan of health insurance or health benefits; G. "insured child" means a child under the age of nineteen who is eligible to receive health insurance coverage from a health insurer or medical care pursuant to a group health plan; H. "office of superintendent" means the office of superintendent of insurance; I. "policy" means any contract of health insurance between a health insurer and the insured and all clauses, riders, endorsements and parts thereof; J. "provider" means an individual or organization licensed, certified or otherwise authorized or permitted by law to provide vaccinations to insured children; and K. "vaccines for children program" means the federally funded program that provides vaccines at no cost to eligible children pursuant to Section 1928 of the federal Social Security Act. History: Laws 2015, ch. 5, § 2. ANNOTATIONSEmergency clauses. — Laws 2015, ch. 5, § 10 contained an emergency clause and was approved March 20, 2015. Cross references. — For the federal Public Health Service Act, see 42 U.S.C. For the federal Social Security Act, see 42 U.S.C. § 301 et seq.
NM Stat § 24-5A-3 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 5A - Vaccine Purchasing|Section 24-5A-3 - Statewide vaccine purchasing program.

A. The department shall establish and administer a statewide vaccine purchasing program to: (1) expand access to childhood immunizations recommended by the advisory committee on immunization practices; (2) maintain and improve immunization rates; (3) facilitate the acquisition by providers of vaccines for childhood immunizations recommended by the advisory committee on immunization practices; and (4) leverage public and private funding and resources for the purchase, storage and distribution of vaccines for childhood immunizations recommended by the advisory committee on immunization practices. B. The department shall: (1) purchase vaccines for all children in New Mexico, including children eligible for the vaccines for children program and insured children; (2) invoice each health insurer and group health plan to reimburse the department for the cost of vaccines provided directly or indirectly by the department to such health insurer's or group health plan's insured children; (3) maintain a list of registered providers who receive vaccines for insured children that are purchased by the state and provide such list to each health insurer and group health plan with every invoice; (4) report the failure of a health insurer to reimburse the department within thirty days of the date of the invoice to the office of superintendent; (5) report the failure of a health insurer or group health plan to reimburse the department within thirty days of the date of the invoice to the office of the attorney general for collection; and (6) credit all receipts collected from health insurers and group health plans pursuant to the Vaccine Purchasing Act to the fund. C. No later than July 1, 2015 and July 1 of each year thereafter, the department shall estimate the amount to be expended annually by the department to purchase, store and distribute vaccines recommended by the advisory committee on immunization practices to all insured children in the state, including a reserve of ten percent of the amount estimated. D. No later than September 1, 2015 and each quarter thereafter, the department shall invoice each health insurer and each group health plan for one-fourth of its proportionate share of the estimated amount and reserve pursuant to Subsection C of this section, calculated pursuant to Subsection B of Section 6 [24-5A-6 NMSA 1978] of the Vaccine Purchasing Act. E. The department may update its estimated amount to be expended annually and its reserve to take into account increases or decreases in the cost of vaccines or the costs of additional vaccines that the department determines should be included in the statewide vaccine purchasing program and adjust the amount invoiced to each health insurer and group health plan the following quarter. History: Laws 2015, ch. 5, § 3. ANNOTATIONSEmergency clauses. — Laws 2015, ch. 5, § 10 contained an emergency clause and was approved March 20, 2015.