reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 6 - REQUIREMENTS GOVERNING THE HARM REDUCTION/SYRINGE EXCHANGE PROGRAM › Section 7.4.6.10 - SUPPLIES PROVIDED

Current through Register Vol. 35, No. 13, July 16, 2024
Supplies which are permitted to be provided by the HRPs,
				  listed below, include items which have been determined by the department to
				  reduce negative health consequences associated with substance use, to prevent
				  overdose mortality, and items designed to encourage participant engagement in
				  other programming designed to improve overall community health. These items
				  shall include:
A. Safer smoking
				supplies limited to screens, pipe covers, wooden pushers, copper scrub pads,
				uncoated foil, cured foil, or any other type of aluminum foil and straws
				designed to inhale substances.
B.
				Safer snorting supplies limited to clean spoons for measurement, clean plastic
				razors, clean flat surfaces.
C.
				Safer injecting supplies limited to syringes and needles, metal containers for
				cooking substances, cotton pellets or other filtration devices, twist ties,
				tourniquets, sterile water and saline, ascorbic acid, and biohazard containers
				for disposal of used syringes and needles.
D. Supplies or devices used for testing
				controlled substances or controlled substance analogs for potentially dangerous
				adulterants, including fentanyl test strips.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 6 - REQUIREMENTS GOVERNING THE HARM REDUCTION/SYRINGE EXCHANGE PROGRAM › Section 7.4.6.11 - PARTICIPANT ENROLLMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each new
				participant who enrolls for services at an HRP shall be provided a harm
				reduction Participant card which shall have an expiration date of two years
				from the initial enrollment.
B. If
				a participant loses or misplaces their harm reduction participant card they
				shall be issued a new harm reduction participant card with an expiration date
				of two years from the day it was issued.
C. Once participants are enrolled at any HRP
				they enrolled in the statewide program and can participate with any HRP in the
				state of New Mexico. Participants do not need to re-enroll at each HRP where
				they seek services.
D. If a
				participant loses or misplaces their harm reduction participant card, they
				shall be issued a new harm reduction participant card with an expiration date
				of two years from the day it was re-issued. At the time of enrollment and
				re-enrollment participant should be instructed the harm reduction participant
				card is only for the use of the person to whom the card was issued.
E. Participants shall be informed harm
				reduction program participation will not prohibit their arrest or prosecution
				for the possession of residue in the supplies used to consume
				substances.
F. Individuals do not
				need to be enrolled as a HRP participant to receive testing supplies or testing
				devices from a HRP.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 6 - REQUIREMENTS GOVERNING THE HARM REDUCTION/SYRINGE EXCHANGE PROGRAM › Section 7.4.6.12 - HARM REDUCTION PROGRAM PARTICIPANT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Participants must provide their harm
				reduction participant card code to staff in order to supplies from the
				program.
B. Follow the hepatitis
				and harm reduction program and HRP guidelines, as informed by HRP staff, with
				regard to handling and disposing of potentially biohazardous
				material.
C. Participant must not
				carry weapons on them during a harm reduction session.
D. Refrain from threatening behavior and acts
				of violence at a harm reduction session. Failure to do so may result in
				suspension from the program.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 7 - HUMAN IMMUNODEFICIENCY VIRUS PARTNER SERVICES › Section 7.4.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All physicians, health care professionals, and other persons
				  having knowledge of persons diagnosed with human immunodeficiency virus
				  infection covered by this regulation.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 7 - HUMAN IMMUNODEFICIENCY VIRUS PARTNER SERVICES › Section 7.4.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These provisions set forth herein are promulgated by the
				  secretary of the department of health by authority of Sections 9-7-6(E) NMSA
				  1978 and
				  24-2B-6 NMSA
				  1978. Administration and enforcement of these rules are the responsibility of
				  the department of health.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 7 - HUMAN IMMUNODEFICIENCY VIRUS PARTNER SERVICES › Section 7.4.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 29, 2011, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 7 - HUMAN IMMUNODEFICIENCY VIRUS PARTNER SERVICES › Section 7.4.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these rules is to offer early detection and
				  intervention to those who may unknowingly be at risk of having HIV infection.
				  The department hereby establishes a protocol to contact individuals known to be
				  infected with HIV to offer them partner services, including assistance
				  notifying people that the infected individual identifies as being exposed to
				  HIV.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 7 - HUMAN IMMUNODEFICIENCY VIRUS PARTNER SERVICES › Section 7.4.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Department"
means the department of health.
B.
"Exposed person"
means a
				person who is potentially at risk of acquiring infection with HIV through
				exposure to infectious blood or body fluids.
C.
"Health care professional"
means any licensed doctor of medicine or osteopathy, nurse, physicians
				assistant, midwife, or other licensed health care provider.
D.
"HIV"
means the human
				immunodeficiency virus.
E.
"Partner
s
ervices"
means a voluntary, confidential service
				offered to source persons and identified exposed persons that includes, but is
				not limited to, the provision of anonymous or confidential testing for HIV,
				assistance with disclosure regarding HIV infection status, partner notification
				regarding potential exposure and linkage to additional medical, social and
				public health services for both source and exposed persons.
F.
"Source person"
means a
				person who is identified as a confirmed source of exposure to HIV through
				transmission of potentially infectious blood or body fluids.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 7 - HUMAN IMMUNODEFICIENCY VIRUS PARTNER SERVICES › Section 7.4.7.8 - ROLE OF HIV AND HEPATITIS EPIDEMIOLOGY PROGRAM (HHEP) OF THE DEPARTMENT OF HEALTH

Current through Register Vol. 35, No. 13, July 16, 2024
A. The HHEP
				receives all laboratory and morbidity case reports for identified cases of HIV
				infection.
B. Upon receipt of a
				reported case of HIV, the HHEP will verify if the case represents a previously
				unreported or unidentified case of HIV in the state of New Mexico.
C. For cases which were previously unreported
				or unidentified, the HHEP will make a reasonable attempt to contact the health
				professional ordering the diagnostic test or reporting the case in order to do
				the following:
(1) determine if the source
				person has been notified of their diagnosis;
(2) determine if partner services have
				already been initiated;
(3) obtain
				any available contact information for the source person for the purposes of
				offering partner services;
(4)
				notify the health care professional that partner services will be initiated by
				a department of health staff member, if partner services have not previously
				been initiated by the department of health;
(5) obtain any additional information as
				required under administrative rule reporting requirements for HIV
				cases.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 7 - HUMAN IMMUNODEFICIENCY VIRUS PARTNER SERVICES › Section 7.4.7.9 - ROLE OF DEPARTMENT OF HEALTH PARTNER SERVICES STAFF

Current through Register Vol. 35, No. 13, July 16, 2024
A. The designated department staff member
				will make a reasonable attempt to contact the source person in order to offer
				partner services.
B. Any
				information that the department staff receives from the HHEP will be
				transferred, stored, and maintained according to security and confidentiality
				standards set by the department and in accordance with requirements from the
				federal centers for disease control and prevention (CDC).
C. Participation in partner services by the
				source person is voluntary and confidential.
D. Partner services may also be initiated by
				request of the source person, by request of their health care provider, or
				through department staff involved in the care or public health investigation of
				that source person.
E. The identity
				of exposed persons revealed by a source person shall be confidential and shall
				not be revealed. Disclosure to any person of a potential exposed person's
				identity, except for disclosure for the purpose of prevention or control,
				including offering partner services, is prohibited unless disclosure is
				required by law.
F. Any exposed
				persons contacted by department staff shall not be told the identity of the
				source person who identified him or her as a contact.
G. For exposed persons contacted in the
				course of partner services, participation in partner services, further testing,
				or evaluation is voluntary and confidential.
H. Exposed persons shall be given information
				on available resources and testing.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 7 - HUMAN IMMUNODEFICIENCY VIRUS PARTNER SERVICES › Section 7.4.7.10 - REPORTING OF POTENTIAL CRIMINAL SEXUAL ACTS OR ABUSE OR NEGLECT

Current through Register Vol. 35, No. 13, July 16, 2024
In the course of conducting partner services, if a department
				  staff member discovers or has a reasonable suspicion that a criminal act has
				  occurred or that an individual has been abused or neglected, that staff member
				  or the appropriate supervisor of that staff member shall contact department
				  counsel to determine the appropriate course of action and the department shall
				  comply with all mandated reporting requirements.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 8 - MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY REVIEW › Section 7.4.8.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Department of Health, Public Health Division, Family Health
				  Bureau.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 8 - MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY REVIEW › Section 7.4.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations shall apply to the New Mexico maternal
				  mortality review committee; any department staff or contractors engaged in
				  supporting committee activities; and any public or private entity from whom
				  information may be requested to conduct maternal mortality and morbidity
				  reviews. These regulations supersede any other regulations previously
				  promulgated by the department related to the operations of the New Mexico
				  maternal mortality review committee.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 8 - MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY REVIEW › Section 7.4.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations set forth herein are promulgated by the
				  secretary of the department of health by the authority of Subsection F of
				  Section
				  9-7-6
				  NMSA 1978 and implement the Public Health Act, Section
				  24-1-3
				  NMSA 1978, as amended, and the Maternal Mortality and Morbidly Prevention Act
				  Section 24-32-1 to 24-32-5, NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 8 - MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY REVIEW › Section 7.4.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 8, 2022, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 8 - MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY REVIEW › Section 7.4.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations are promulgated pursuant to statute to
				  define and support the maternal mortality review committee, the purpose of
				  which is to comprehensively review and analyze deaths that occur during
				  pregnancy, childbirth and the year postpartum; to identify remediable problems
				  contributing to maternal mortality; to develop recommended interventions to
				  prevent these deaths; and disseminate findings. The committee shall also review
				  aggregate data related to severe maternal morbidity to look for opportunities
				  for improvement in care that could lead to improved maternal outcomes and fewer
				  deaths. Given the persistent and significant disparities in maternal morbidity
				  and mortality experienced by people of color in New Mexico and the United
				  States overall, the committee will apply lenses of racial justice, diverse
				  representation and health equity across its functions including staffing,
				  committee membership and leadership, case review and
				  analysis.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 8 - MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY REVIEW › Section 7.4.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in these regulations:
A.
Definitions beginning with
				"A":
(1)
"Abstractor"
means an individual who is trained to comprehensively gather pertinent
				information from a variety of available sources in order to accurately capture
				the events of a person's life leading up to and including their death in the
				form of a case summary for committee review. All abstractors will possess a
				professional background in maternal health and the requisite training, provided
				or endorsed by the department, to approach cases with a health equity lens.
				Given the critical role of the abstractor in identifying the defining details
				leading to a death, including factors such as racism, bias and discrimination,
				the department shall undertake deliberate, demonstrable efforts to engage
				abstractors who possess lived experience as members of communities of color
				disproportionately impacted by maternal mortality who are able to apply an
				anti-racist lens to the abstracting process.
(2)
"Act"
means the Maternal
				Mortality and Morbidity Prevention Act.
(3)
"Administrative co-chair"
means the chief medical officer, or another representative of the department
				and who is appointed by the secretary to serve as co-chair of the committee for
				administrative matters. The administrative co-chair shall be equipped with the
				measurable skills, training or lived experience to incorporate the racial,
				ethnic and linguistic diversity of New Mexico into this leadership
				role.
(4)
"Aggregate
				data"
means health care data that exclude any individually identifiable
				health information, including patient and health care provider
				identification.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 8 - MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY REVIEW › Section 7.4.8.8 - PROGRAM ADMINISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
The committee's activities shall be administered by the
				  department using a health equity framework across all functions including
				  staffing, committee membership and leadership, and case review and analysis in
				  order to assure that the values of cultural awareness, racial justice, and
				  equity are infused throughout these functions. The department shall designate a
				  committee coordinator in an employed or contracted position and hire
				  contractors and employ operational staff to support the work of the committee.
				  The co-chairs may designate an executive committee to conduct business as
				  outlined herein.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 8 - MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY REVIEW › Section 7.4.8.9 - EXECUTIVE COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
If called, the executive committee must include and reflect
				  the ethnic, geographic, and disciplinary make-up of the committee, state and
				  the communities disproportionately impacted by maternal mortality and
				  morbidity.
A. The formation of an
				executive committee must be endorsed by a vote of a two-thirds majority of the
				current membership.
B. An executive
				committee shall consist of co-chairs of the committee and up to three
				additional committee members nominated and approved by a two-thirds majority of
				the current membership to effectuate the objectives of the committee. No less
				than one appointee from either IAD or OAAA will be offered the opportunity to
				serve on the executive committee. Appointment to the executive committee will
				be for the duration of the term of membership, or until the member elects to
				step down from the executive committee, whichever is sooner.
C. Operational staff and qualified invited
				guests may participate in executive committee deliberations in an advisory
				capacity as directed by the executive committee
,
but they are
				not part of the committee membership.
D. If called, the executive committee shall:
(1) meet at the call of the
				co-chairs;
(2) monitor and support
				the activities of the full committee;
(3) establish policy and procedure and
				provide guidance to operational staff on implementation; and
(4) make final decisions regarding data
				analysis, data dissemination and evaluation based on findings and
				recommendations from the full committee.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 8 - MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY REVIEW › Section 7.4.8.10 - MEMBERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
A. Members will be
				formally appointed by the administrative co-chair. The administrative co-chair
				may consult with the clinical and community co-chairs, and if called, the
				executive committee to confirm appointments.
B. The committee shall be composed of no more
				than 30 members, not including the co-chairs, provided that at least, four of
				those members shall include:
(1) two members
				nominated by the secretary of Indian affairs; and
(2) two members nominated by the director of
				the office of African American affairs.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 8 - MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY REVIEW › Section 7.4.8.11 - CASE IDENTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
"Maternal mortality"
: The coordinator and
				  operational staff shall work with BVRHS to identify any death constituting an
				  incident of maternal mortality within one year from the date of death. Criteria
				  for case identification shall be consistent with standard reporting
				  requirements.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 8 - MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY REVIEW › Section 7.4.8.13 - COMMITTEE RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				committee shall meet at the call of the co-chairs.
B. A majority of appointed committee members
				shall constitute a quorum.
C. The
				affirmative vote of at least a majority of a quorum present and approval by the
				co-chairs shall be necessary for any decisions pertaining directly to case
				review to be taken by the committee. A quorum shall not be achieved without at
				least one AID appointee and OAAA appointee in attendance. Administrative
				decisions not pertaining to case review may be voted on electronically outside
				of the course of a committee meeting to allow all members ample opportunity to
				cast a vote.
D. Operational staff
				and qualified guests may participate in committee deliberations in an advisory
				capacity as directed by the co-chairs of the committee.
E. Operational staff and qualified invited
				guest presence at a committee meeting shall not convey committee
				membership.
F. The committee shall
				be responsible for the following:
(1) review
				each incident of maternal mortality using a de-identified case summary prepared
				by operational staff;
(2) review
				aggregate data related to severe maternal morbidity;
(3) outline trends and patterns and provide
				recommendations related to maternal mortality and severe maternal morbidity in
				the state;
(4) serve as a link with
				maternal mortality and morbidity review teams nationwide and participate in
				national maternal mortality and morbidity review team activities; and
(5) perform any other functions as resources
				allow to enhance efforts to reduce and prevent maternal mortality and severe
				maternal morbidity in the state.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 8 - MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY REVIEW › Section 7.4.8.14 - CASE REVIEW PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				committee reviews prepared case summaries based on the information obtained
				from reports, records, and data files related to an incident of maternal
				mortality and entered into the MMRIA database by an abstractor. The committee
				is responsible for reviewing the summary, identifying contributing factors,
				making a determination on preventability and pregnancy-relatedness, and
				articulating recommendations. The lead abstractor shall be responsible for
				documenting committee decisions regarding case summaries in MMRIA within 30
				days of committee review.
B. Any
				committee member who is concerned that any essential information is being
				missed by the decisions the abstractor makes in creating summaries may initiate
				a request to the clinical co-chair or operational staff with the authority to
				collect information that:
(1) an abstractor's
				work be reviewed by the clinical co-chair and designated operational staff;
				or
(2) an alternative abstractor be
				assigned.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 8 - MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY REVIEW › Section 7.4.8.15 - CONFIDENTIALITY OF RECORDS, PROCEEDINGS, AND FINDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any material obtained pursuant to these
				rules, any committee proceedings, and findings, including any materials created
				to facilitate committee proceedings shall be maintained and disposed of in a
				confidential manner and in any manner as required by law.
B. The following shall be confidential and
				shall not be subject to the open meetings act or the inspection of public
				records act or subject to any subpoena, discovery request or introduction into
				evidence in a civil or criminal proceeding:
(1) any meeting, part of a meeting or
				activity of the committee or executive committee where data or other
				information is to be discussed and that may result in disclosure to the public
				of information protected by law; and
(2) except as may be necessary in furtherance
				of the duties of the committee or in response to an alleged violation of a
				confidentiality agreement entered, any information, record, report, notes,
				memoranda, or other data that the department or committee obtains pursuant to
				the Maternal Mortality and Morbidity Prevention Act.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 8 - MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY REVIEW › Section 7.4.8.16 - DISSEMINATION OF INFORMATION; DEVELOPMENT OF RECOMMENDATIONS; ADVANCEMENT OF RECOMMENDATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Data dissemination:
The committee shall compile reports using
				aggregate data and de-identified information on an annual basis in an effort to
				further study the causes and problems associated with maternal mortality and
				severe maternal morbidity. These reports shall be distributed to:
(1) the New Mexico legislature;
(2) the Indian affairs department;
(3) office on African American
				affairs;
(4) health care
				providers;
(5) community-based
				organizations working in the interest of maternal and child health;
(6) other government agencies as necessary;
				and
(7) other entities as necessary
				to reduce maternal mortality rate in the state.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 2 - IMMUNIZATION REQUIREMENT › Section 7.5.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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).
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 2 - IMMUNIZATION REQUIREMENT › Section 7.5.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 2 - IMMUNIZATION REQUIREMENT › Section 7.5.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 2 - IMMUNIZATION REQUIREMENT › Section 7.5.2.8 - IMMUNIZATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 2 - IMMUNIZATION REQUIREMENT › Section 7.5.2.9 - REQUIRED IMMUNIZATIONS LIST

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 2 - IMMUNIZATION REQUIREMENT › Section 7.5.2.10 - IMMUNIZATION RECORD SHARING

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 3 - EXEMPTION FROM SCHOOL, CHILDCARE, AND PRE-SCHOOL IMMUNIZATION › Section 7.5.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Health Division, Department of
				  Health.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 3 - EXEMPTION FROM SCHOOL, CHILDCARE, AND PRE-SCHOOL IMMUNIZATION › Section 7.5.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations govern the procedures for seeking
				  exemptions from any of the immunizations required for public, private, home,
				  parochial, elementary, and secondary schools, as well as early childhood
				  education facilities under the New Mexico public education department and
				  licensed preschool or child care centers.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 3 - EXEMPTION FROM SCHOOL, CHILDCARE, AND PRE-SCHOOL IMMUNIZATION › Section 7.5.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation has been promulgated by the secretary of the
				  department of health under the authority of Sections
				  9-7-6,
				  24-1-3(N),
				  24-5-1,
				  and Section
				  24-5-3
				  NMSA, 1978. Enforcement of this regulation is the responsibility of the public
				  health division of the New Mexico department of health.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 3 - EXEMPTION FROM SCHOOL, CHILDCARE, AND PRE-SCHOOL IMMUNIZATION › Section 7.5.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 27, 2013, unless a later date is cited at the end of
				  a section or paragraph.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 3 - EXEMPTION FROM SCHOOL, CHILDCARE, AND PRE-SCHOOL IMMUNIZATION › Section 7.5.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective is to establish standards and procedures for
				  obtaining exemptions to required immunizations as allowed by Section
				  24-5-3 NMSA 1978; specifically for
				  children whose:
A. licensed physician,
				a physician assistant, or a certified nurse practitioner provides a certificate
				stating that any of the required immunizations would seriously endanger the
				life or health of the child; or
B.
				parent or legal guardian attests via affidavit 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
C. parent or legal guardian
				attests via affidavit or written affirmation that their religious beliefs, held
				either individually or jointly with others, do not permit the administration of
				vaccine or other immunizing agent.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 3 - EXEMPTION FROM SCHOOL, CHILDCARE, AND PRE-SCHOOL IMMUNIZATION › Section 7.5.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"ACIP"
means advisory committee on immunization
				practice.
B.
"Administrative
				authority"
means the superintendent, principal, or the designee of such
				person.
C.
"Certified nurse
				practitioner"
means a registered nurse licensed by the New Mexico board
				of nursing for advanced practice as a certified nurse practitioner.
D.
"Denial"
means a denial of a
				request for exemption from immunizations.
E.
"Department"
means the
				department of health.
F.
"Licensed physician"
means a physician licensed by the New Mexico
				board of medicine to practice medicine or osteopathic medicine.
G.
"NMSIIS"
means the New Mexico
				Statewide Immunization Information System; a secured, confidential,
				population-based, computerized registry for recording vaccination information
				established pursuant to Sections
				24-5-7 through
				24-5-15 NMSA 1978.
H.
"Physician assistant"
means a
				health care practitioner licensed by the New Mexico board of medicine to
				practice as a physician assistant and to provide services to patients with the
				supervision of or in collaboration with a licensed physician.
I.
"Public health division"
means a division of the department of health within which the immunization
				program is located.
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 licensed physician or other
				recognized public or private health provider 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 licensed physician or other recognized licensed health provider
				stating that the required immunizations have been given to the person or record
				of receipt of immunization in the NMSIIS registry.
M.
"Secretary"
means the
				secretary for the department of health.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 3 - EXEMPTION FROM SCHOOL, CHILDCARE, AND PRE-SCHOOL IMMUNIZATION › Section 7.5.3.8 - REQUIREMENTS FOR APPROVAL OF EXEMPTIONS FROM IMMUNIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 licensed
				physician, a physician assistant, or a certified nurse practitioner 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.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 3 - EXEMPTION FROM SCHOOL, CHILDCARE, AND PRE-SCHOOL IMMUNIZATION › Section 7.5.3.9 - REVIEW CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department of health immunization program staff will consider the requirements
				and allowances of the law and the completeness and clarity of the requests for
				exemption in his or her review. Written criteria for review of exemption from
				immunization shall be available on the department of health website, included
				in documents required for submission of immunization exemptions, and provided
				upon request made to the department.
B. Requests for exemption based on a
				certificate or affidavit from a licensed physician, a physician assistant, or a
				certified nurse practitioner will be reviewed for the following:
(1) an original document signed by a licensed
				physician, a physician assistant, or a certified nurse practitioner,
				which
(2) contains a statement that
				immunizations would seriously endanger the health of the child.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 3 - EXEMPTION FROM SCHOOL, CHILDCARE, AND PRE-SCHOOL IMMUNIZATION › Section 7.5.3.10 - CHILDREN EXPERIENCING HOMELESSNESS

Current through Register Vol. 35, No. 13, July 16, 2024
Children experiencing homelessness: Pursuant to the
				  McKinney-Vento Homeless Assistance Act (
				  42
				  USC §
										11432(g)(3)(C) ),
				  children experiencing homelessness must be able to enroll in school
				  immediately, even if they are unable to produce records normally required for
				  enrollment, such as previous academic records, medical records, proof of
				  residency, or other documentation. If the child needs to obtain immunizations,
				  or medical or immunization records, the enrolling school must immediately refer
				  the parent or guardian of the child or youth to the designated local
				  educational agency liaison, who must assist in obtaining necessary
				  immunizations, or immunization or medical records.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 3 - EXEMPTION FROM SCHOOL, CHILDCARE, AND PRE-SCHOOL IMMUNIZATION › Section 7.5.3.11 - ADMINSTRATIVE REVIEW OF DENIALS

Current through Register Vol. 35, No. 13, July 16, 2024
In the case of a denial, the parent or guardian shall have
				  the right to request an administrative review. Criteria for administrative
				  review shall be available on the department of health website, included in
				  documents required for submission of immunization exemptions, and provided upon
				  request made to the department of health. Any hearing process under
				  7.5.3.12
				  NMAC can only be commenced after the administrative review pursuant to 7.5.3.11
				  NMAC is completed and the parent or guardian receives notification by mail that
				  the administrative review was denied.
A. The parent or guardian may submit a letter
				requesting administrative review and any supporting documents to the public
				health division director or designee within 30 days of receipt of notice of the
				initial denial from the department of health immunization program
				manager.
B. Within 10 working days
				of receipt of the request for administrative review, the department of health's
				public health division director shall review the request for administrative
				review and any supporting documents and make a determination of approval or
				denial as to the underlying request for exemption. After the administrative
				review is complete the department's public health division director shall
				notify the parent or guardian and the child's school, by certified mail, if the
				administrative review of the request for exemption was approved or
				denied.
C. If approved, the child
				shall be considered exempt from immunizations for a nine-month
				period.
D. If the appeal is denied,
				and the parent or guardian desires further review or consideration, the parent
				or guardian may request a hearing pursuant to 7.5.3.12 NMAC.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 3 - EXEMPTION FROM SCHOOL, CHILDCARE, AND PRE-SCHOOL IMMUNIZATION › Section 7.5.3.12 - RIGHT TO HEARING AFTER ADMINSTRATIVE REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Right to appeal:
A parent or
				guardian may request a hearing to appeal a decision of the public health
				division director only after a denial of an administrative review. A hearing
				may not be requested at the same time as an administrative review is underway
				pursuant to 7.5.3.11 NMAC.
B.
Right to hearing:
A parent or guardian may request a hearing
				before a hearing officer appointed by the secretary to contest a denial of an
				immunization exemption under this rule, by mailing a certified letter, return
				receipt requested, to the public health division director within 30 days after
				the denial resulting from the administrative review. If the parent or guardian
				fails to request a hearing in the time and manner required by this section, the
				parent or guardian shall forfeit the right to a hearing, and the denied
				immunization exemption shall become final and not subject to judicial
				review.
C.
Scheduling the
				hearing:
(1)
Appointment of
				hearing officer:
Upon the public health division director's receipt of a
				timely request for a hearing, the department shall appoint a hearing officer
				and schedule a hearing.
(2)
Hearing date:
The hearing shall be held not more than 60 days and not
				less than 15 days from the date of service of the notice of the
				hearing.
(3)
Notice of
				hearing:
The department shall notify the parent or guardian of the date,
				time, and place of the hearing and the identity of the hearing officer, and
				shall identify the statute(s) and regulation(s) authorizing the department to
				deny the immunization exemption, within 20 days of the public health division
				director's timely receipt of the request for hearing.
(4)
Hearing venue:
The hearing
				shall be held in Santa Fe, New Mexico.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 4 - VACCINE PURCHASING FUND › Section 7.5.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations govern the procedures for establishing and
				  administrating a statewide vaccine purchasing program to purchase vaccines for
				  all children in New Mexico (NM), including children eligible for the vaccines
				  for children program and insured children.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 4 - VACCINE PURCHASING FUND › Section 7.5.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to Sections 24-5A-1 through
				  24-5A-9 of the Vaccine Purchasing Act, NMSA 1978; Section
				  9-7-6
				  of the Department of Health Act, NMSA 1978; and Section
				  24-1-3
				  of the Public Health Act, NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 4 - VACCINE PURCHASING FUND › Section 7.5.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  administer a statewide vaccine purchasing program to:
A. expand access to childhood immunizations
				recommended by the advisory committee on immunization practices;
B. maintain and improve immunization
				rates;
C. facilitate the
				acquisition by providers of vaccines for childhood immunizations recommended by
				the advisory committee on immunization practices; and
D.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.