This
rule was filed as 7 NMAC 5.3
TITLE 7 HEALTH
CHAPTER 5 VACCINATIONS
AND IMMUNIZATIONS
PART 3 RELIGIOUS
EXEMPTION FROM SCHOOL IMMUNIZATION
7.5.3.1 ISSUING
AGENCY: Public Health Division Department of Health
[10/31/96;
Recompiled 10/31/01]
7.5.3.2 SCOPE: These regulations govern children seeking
exemptions from any of the immunizations required for public, private,
parochial elementary and secondary schools, as well as all those pupils in
early childhood education facilities under the New Mexico department of
education, and all children in licensed preschool or child care centers, except
for those children who have been legally exempted from these immunizations
including: diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps,
rubella and hepatitis B.
[10/31/96;
Recompiled 10/31/01]
7.5.3.3 STATUTORY
AUTHORITY: This regulation has been promulgated by the
secretary of the department of health under the authority of Section 9-7-6,
24-1-3(N) and Section 24-5-3 NMSA,1980 Enforcement of this regulation is the
responsibility of the public health division of the NM department of health.
[01/14/76,
10/31/96, 10/31/96; recompiled 10/31/01]
7.5.3.4 DURATION: Permanent.
[10/31/96;
Recompiled 10/31/01]
7.5.3.5 EFFECTIVE
DATE: October 31, 1996, unless a later date is
cited at the end of a Section or Paragraph.
[10/31/96;
Recompiled 10/31/01]
[Compiler’s
note: The words or paragraph, above, are no longer applicable. Later dates are now cited only at the end of
sections, in the history notes appearing in brackets.]
7.5.3.6 OBJECTIVE: The objective is to establish standards and
procedures for obtaining exemptions for children whose duly licensed physician
attests that any of the required immunizations would seriously endanger the
life or health of the child or whose parent or legal guardian attests that
their religious beliefs prohibit the administration of immunizing agents.
[10/31/96;
Recompiled 10/31/01]
7.5.3.7 DEFINITIONS:
A. "Administrative authority"
means the superintendent, principal, or the designee of such person.
B. "Director of the public health division"
organization hierarchy that the immunization program is located.
C. "Public health division regulations" mean those
regulations adopted by the public health division pursuant to the authority
granted in Section 24-5-1 to 24-5-6 NMSA 1978 Comp., and including an
immunization schedule.
D. "Licensed physician" means physician licensed to
practice medicine or osteopathic medicine in New Mexico, another state or
territory.
E. "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 schedule effective at date of
enrollment.
F. "Satisfactory evidence of commencement of and
completion of immunization" means satisfactory evidence of a person having
begun the process of immunizations, certificate or record signed by a duly
licensed physician or other recognized 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. Persons
enrolling in schools or early childhood educational facilities, and all
children in licensed preschool or child care centers who have begun the process
of immunizations shall have one months [sic] following the date of enrollment
to complete the required immunizations and submit satisfactory evidence of
completing the required immunizations or have continued the process of the required
series.
G. "Satisfactory evidence of immunization" means a
statement, certificate or record signed by a duly licensed physician or other
recognized licensed health facility stating that the required immunizations
have been given to the person.
[10/31/96;
Recompiled 10/31/01]
7.5.3.8 EXEMPTIONS
FROM IMMUNIZATION REQUIREMENT:
A. Exemption by membership in recognized
religious denomination: Any parent or guardian belonging to a recognized
religious denomination whose religious teaching requires reliance upon prayer
or spiritual means alone for healing and who seek exemption from the compulsory
student immunization requirements of Section 24-5-2 NMSA 1978 for their child
shall present affidavits from an officer of the denomination stating that the
parents or guardians are bona fide members of the recognized denomination and
the religious teaching of the domination requires upon prayer or spiritual
means alone for healing. 7.1.1 [sic] Upon filing such affidavit, the child is
exempt from legal requirement for a period not to exceed nine (9) months on the
basis of any one certificate.
B. Exemption by certification of
religious objection: A parent or guardian who cannot obtain an affidavit from
an officer of a recognized denomination as described in Section 7-1 [sic], but
whose religious beliefs, held either individually or jointly with others, do
not permit the administration of vaccine or other immunizing agents, may apply
for an exemption from immunization by submitting a certificate of conscientious
objection to immunization.
C. The certificate must be signed in the
presence of a notary public.
D. Upon presentation of a notarized
certificate to the principal of the school to which a child seeks enrollment,
the principal shall allow the either approved or disapproved by the director of
the public health division.
E. The director of the public health
division or a qualified designee may disapprove a certificate for failure to
fully complete it or for failure to allege beliefs and practices sufficient to
warrant an exemption from immunizations for religious reasons consistent with
the legislative intention of Section 24-5-3, as explained in opinion of the
attorney general no.75-69, dated December 8, 1975.
F. Every principal receiving a
certificate of conscientious objection to immunization shall deliver the
certificate to the superintendent of schools for the district by which the
principal is employed within seven (7) days of the time the certificate has
been received. The superintendent shall
note on his or her records that a religious exemption has been claimed on
behalf of each child so claiming and shall forward the original certificate to
the director of public dealth division within seven (7) days of the time it has
been received from the school principal.
G. Within sixty (60) days of receipt of a
certificate of conscientious objection to immunization, the director of the
public health division, or the designee shall review the certificate to
determine whether the certificate has been duly completed and notarized. The
public health division shall investigate as may be appropriate to ascertain
that the exemption is a bona fide claim of religious beliefs and practices. The
public health director or the designee shall advise in writing the parents or
guardian of the subject child, and the superintendent of the school district
which the child is attending, and the principal of the school at which the
child has been conditionally enrolled that the claimed religious exemption has
been approved or disapproved. In the case of disapproval of a claim to
religious exemption, the director of the public health division or designee
shall state the reasons in the letter of notification.
H. Every parent or guardian of a child
whose claim on behalf of that child for religious exemption from the student
immunization requirements is disapproved by the director of the public division
shall have the right to pursue an administrative appeal from such disapproval.
The manner and method of administrative appeal shall be determined by the
secretary of the New Mexico department of health.
[01/14/76,
10/31/96; Recompiled 10/31/01]
HISTORY
OF 7.5.3 NMAC:
Pre-NMAC
History: The material in this Part was
derived from that previously filed with the State Records Center:
HSSD
76-1, Religious Exemption From School Immunization, 1/14/76.
History
of Repealed Material: [RESERVED]