New Mexico Immunization Requirements

Updated January 1994

Authority: Health and Safety, N.M. Star. Ann. §§ 24-5-1 to 6.

General Rule: 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 of the 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 process is accomplished in the prescribed manner. A%fS § 24-5-1. Exception section is controlling as to children attending public, private or parochial schools. 1961-62 Op. Atty Gen.No. 62-5.

Exceptions: There are two general categories of exemptions, which are good for nine months:

Medical. The parent or guardian may file a certificate from a doctor 'stating that the physical condition of the child is such that immunization would seriously endanger the life or health of the child.' NMS § 24-5-3.A(l).

Religious. ARMS § 24-5-3.A(2) and (3)

1) The parent or guardian may file an affidavit from an officer of a recognized religious denomination that such parents are bona fide members whose religious teaching requires reliance upon prayer or spiritual means alone for healing; or

2) File affidavits that his religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agents.

Responsibility of Parents: 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. NMS § 24-5-1. 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 of the department of health. NMS § 24-5-4. Violation of any provisions relating to the immunization of school children is a misdemeanor. NMS § 24-5-6.


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