New Mexico Administrative Code

Public Health Division, Department of Health.

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…

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 provi…

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…

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 lice…

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 departme…

Permanent.

November 27, 2013, unless a later date is cited at the end of a section or paragraph.

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 certificat…

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 prac…

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 …

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 th…

Public Health Division, Department of Health.

A. 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 childre…

A. Money in the fund shall be expended only for the purposes specified in the Vaccine Purchasing Act, by warrant issued by the secretary of finance and administration pursuant to vouchers approved by the secretary of health. B. The fund shall be audited in the same manner as othe…

The fund shall not be used: A. for the purchase, storage, and distribution of vaccines for children who are eligible for the vaccines for children program; B. for administrative expenses associated with the statewide vaccine purchasing program; or C. to pass through a federally n…

A.Each health insurer or group health plan shall have the right to request an initial administrative review of their invoice by the department in the event of a dispute over the invoice amount only. Any other grievances shall be initiated with the office of the superintendent pur…

A. A health insurer aggrieved pursuant to the Vaccine Purchasing Act may request an informal hearing or an administrative review with the office of the superintendent pursuant to their rules. The health insurer shall notify the immunization program manager if they are pursuing an…

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.

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.

Permanent.

August 28, 2015, unless a later date is cited at the end of a section.

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 th…

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. "Depart…

The department shall: A. purchase vaccines for children in New Mexico, including children eligible for the vaccines for children program and insured children; B. invoice each health insurer and group health plan to reimburse the department for the cost of vaccines provided direct…

To avoid duplication of payment, any providers who administer vaccines are prohibited from billing health insurers and group health plans for the cost of any vaccine which was provided to them by the department.

Public Health Division, Department of Health.

A. All data elements shall be reported to the registry in a manner and format approved by the division. B. Direct reporting: (1) Authorized users may directly review and submit data elements electronically through the registry website interface using individual account credential…

A. At the time an immunization is offered or administered, if a patient, or a minor's parent or legal guardian notifies the provider that s/he chooses to decline participation in the registry or does not wish to have a specific immunization recorded in the registry, the provider …

A. At the time an immunization is offered, the provider shall notify the patient of the procedures to review and correct information contained in the registry. B. A patient, or a minor patient's parent or guardian, who wishes to review the patient's registry immunization record m…

A. To remove a record from NMSIIS, a patient must submit by mail or hand delivery to the department a completed decision to remove NMSIIS record form. The decision to remove form can be obtained from a provider or printed from the department website at https://nmhealth.org/about/…

A. Access to the information in the registry shall be limited to primary care physicians, nurses, pharmacists, managed care organizations, school nurses, and other appropriate health care providers including nurse practitioners and physician assistants, or public health entities …

A. If the division receives a complaint or otherwise learns of noncompliance of a provider relating to these rules, an investigation will be initiated. B. Upon completion of the investigation, the division will issue an investigative report substantiating or not substantiating th…

A. A provider is in noncompliance if they fail to follow any of these regulations. B. If noncompliance is substantiated, the department will issue the provider a written report of deficiencies which shall include a plan of correction. (1) The provider must correct any deficiencie…

A. If a provider wishes to appeal the issuance of a civil monetary penalty, the provider must submit a written request for an administrative review within 10 working days from the date of issuance of the civil monetary penalty. B. An administrative review will be conducted by an …

A. If the provider wishes to appeal the result of the administrative review, the provider must submit a written request to the division within 10 working days from the date of issuance of the assigned bureau chief or designee's written decision. B. Hearing process: (1) Hearing wi…

These regulations govern the use of the New Mexico statewide immunization registry, a computerized repository of immunization information maintained by the New Mexico department of health.

The requirements set forth herein are promulgated by the secretary of the department of health pursuant to the authority granted under Subsection E of Section 9-7-6 NMSA 1978, Sections 24-5-7 through 24-5-15 NMSA 1978, Subsection R of Section 24-1-3 NMSA 1978, and Section 24-1-21…

Permanent.

October 30, 2018, unless a later date is cited at the end of a section.

The objective of this rule is to describe implementation and maintenance, submission, reporting, participation, and limits on access to the registry portion of the New Mexico immunization program.

A. "Authorized user" means a person to whom the division has provided account credentials authorizing that person to access to the registry. B. "CDC" means centers for disease control and prevention, the federal agency responsible for monitoring and protecting the United States o…

The department is responsible for establishing guidelines as necessary regarding the implementation and maintenance of the registry.

A. Providers shall report all data elements to the registry for all immunizations they administer to a patient unless the patient or the patient's parent or guardian informs the provider that the patient declines to participate in the registry or does not wish to include a partic…

New Mexico Environmental Improvement Board.

A. In addition to meeting the applicable requirements of 7.6.2.8 NMAC, with the exception of Section 5-203.12 of the food code, temporary food establishments shall comply with the requirements specified in this section. B. The regulatory authority may impose additional requiremen…

A. Food processing plant permit requirements. (1) All food processing plants shall comply with all applicable provisions of 7.6.2.8 NMAC. (2) No person shall operate a food processing plant without a permit issued by the regulatory authority. (3) When a food establishment has an …

A. In addition to complying with the requirements specified in 7.6.2.11 NMAC, food processing plants that produce jerky shall comply with the requirements specified in this section. B. Food processing plants that produce jerky shall have the appropriate approved equipment to meas…

A. In addition to meeting the requirements specified in 7.6.2.11 NMAC, food processing plants that produce bottled drinking water shall comply with the requirements specified in this section. B. Bottled drinking water processing operational requirements and standards.(1) The bott…

Adoption of national shellfish sanitation program (NSSP) guide for control of molluscan shellfish. Except as otherwise provided, the 2017 NSSP guide for control of molluscan shellfish is hereby adopted and incorporated in its entirety.