State Immunization Laws for Healthcare
Workers and Patients

Immunization Administration Requirements
For State: NM

** Click on each result to read the abridged text of the state immunization law.

Patient Type Vaccine Requirement
Hospital Employees  Hepatitis B[1] No 
  Influenza[2] No 
  MMR[3] Ensure[172]
  Varicella[4] No 
  Pneumococcal[5] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[6] No 
Hospital Inpatients  Influenza[7] No 
  Pneumococcal[8] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[9] No 
Individual Providers' Patients  Any Immunization[10] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[11] No 
Ambulatory Care Facilities Employees  Any Immunization[12] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[13] No 
Ambulatory Care Facilities Patients  Any Immunization[14] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[15] No 
Correctional Inmates and Residents  Any Immunization[16] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[17] No 
Developmentally Disabled Facility Residents  Any Immunization[18] Ensure[173]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[19] Yes – (R)[174]
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[1] Does the jurisdiction require that any hospitals offer hepatitis B vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with hepatitis B vaccine?

[2] Does the jurisdiction require that any hospitals offer influenza vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with influenza vaccine?

[3] Does the jurisdiction require that any hospitals offer measles/mumps/rubella (MMR) vaccine (or any component thereof) to any employees of the hospital, or ensure that any such employees are vaccinated with MMR vaccine?

[4] Does the jurisdiction require that any hospitals offer varicella vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with varicella vaccine?

[5] Does the jurisdiction require that any hospitals offer pneumococcal polysaccharide vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with pneumococcal polysaccharide vaccine?  Top of Page

[6] If any hospitals are required to ensure that any hospital employees are vaccinated with hepatitis B, influenza, MMR, varicella or pneumococcal vaccine, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?

[7] Does the jurisdiction require that any hospitals offer any inpatients of the hospital influenza vaccine, or ensure that any inpatients are vaccinated with influenza vaccine?

[8] Does the jurisdiction require that any hospitals offer any inpatients of the hospital pneumococcal polysaccharide vaccine, or ensure that any inpatients are vaccinated with pneumococcal polysaccharide vaccine?

[9] If any hospitals are required to ensure that any hospital inpatients are vaccinated with influenza or pneumococcal vaccines, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?  Top of Page

[10] Does the jurisdiction require that any individual healthcare providers offer any vaccinations to any patients, or ensure that any patients are vaccinated with any vaccines?

[11] If any individual providers are required to ensure that any of their patients are vaccinated with any vaccines, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?

[12] Does the jurisdiction require that any ambulatory care facilities offer any vaccinations to any employees, or ensure that any employees are vaccinated with any vaccines?

[13] If any ambulatory care facilities are required to ensure that any employees are vaccinated with any vaccines, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?  Top of Page

[14] Does the jurisdiction require that any ambulatory care facilities offer any vaccinations to any patients, or ensure that any patients are vaccinated with any vaccines?

[15] If any ambulatory care facilities are required to ensure that any patients are vaccinated with any vaccines, does the jurisdiction provide for any medical, religious or philosophical exemptions to such administration requirements?

[16] Does the jurisdiction require that any correctional facilities or juvenile detention centers offer any vaccinations to any inmates or juveniles, or ensure that any inmates or juveniles are vaccinated with any vaccines?

[17] If any correctional centers or juvenile detention centers are required to ensure that any inmates or juveniles are vaccinated with any vaccines, does the jurisdiction provide for any medical, religious or philosophical exemptions to such administration requirements?  Top of Page

[18] Does the jurisdiction require that any residential facilities for the developmentally disabled or mentally retarded offer any residents any vaccinations, or ensure that any residents are vaccinated with any vaccines?

[19] If any residential facilities for the developmentally disabled or mentally retarded are required to ensure that any residents are vaccinated with any vaccines, does the jurisdiction provide for any medical, religious or philosophical exemptions to such administration requirements?

[172] For New Mexico requirements, see N.M. Admin. Code tit. 7, § 7.7.2.21, relating to “acute care, limited services, and special hospitals.” N.M. Admin. Code tit.7, § 7.7.2.21 provides that vaccination or confirmed immunity against rubella shall be required for everyone having direct contact with rubella patients, pediatric patients, or female patients of childbearing age. No individual without documented vaccination against rubella or immunity to rubella may be placed in a position where he/she has direct contact with rubella patients, pediatric patients or female patients of childbearing age. N.M. Admin. Code tit. 7, § 7.7.2.7 defines “acute care hospitals” as a hospital providing emergency services, in-patient medical and nursing care for acute illness, injury, surgery or obstetrics; ancillary services such as pharmacy, clinical laboratory, radiology, and dietary are required for acute-care hospitals. N.M. Admin. Code tit. 7, § 7.7.2.7 defines “limited services hospitals” as a hospital that limits admissions according to medical or surgical specialty, type of disease or medical condition, or a hospital that limits its inpatient hospital services to surgical services or invasive diagnostic treatment procedures; a limited services hospital must have emergency services, inpatient medical and nursing care for acute illness, injury, and surgery, and must offer ancillary services including pharmacy, clinical laboratory, radiology, and dietary. N.M. Admin. Code tit. 7, § 7.7.2.7 defines “special hospitals” as a hospital that treats patients that have diagnosis-related group classifications for two-thirds of all its patients that fall into no more than two major diagnosis categories, or if at least two-thirds of its patients are classified in a specific diagnosis category; an example of a special hospital is a psychiatric or rehabilitation hospital.

[173] For New Mexico requirements, see N.M. Admin. Code tit. 7, § 7.8.3.41, relating to “residential shelter care facilities for children,” and N.M. Admin. Code tit. 7, § 7.26.2.86, relating to “intermediate care facilities for the mentally retarded.” N.M. Admin. Code tit.7, § 7.8.3.41 provides that each child in the facility must be immunized according to the immunization schedule of the New Mexico Health Department, Public Health Division. When an immunization record cannot be obtained for the child at the time of admission or within 30 days after admission, the facility shall arrange for immunizations required by the Department of Health. Note that children’s crisis shelters may accept children with no immunization record. N.M. Admin. Code tit. 7, § 7.26.2.86 provides that the facility must have preventative health services for clients that include immunizations, using as a guide the recommendations of the Public Health Service Advisory Committee on Immunization Practices and of the Committee on the Control of Infectious Diseases of the American Academy of Pediatrics.  Top of Page

[174] For New Mexico, for religious exemptions to the immunization requirements of N.M. Admin. Code tit.7, § 7.8.3.41, see N.M. Admin. Code tit.7, § 7.8.3.41, providing that exemptions on religious or other grounds are only accepted if approved by the Department of Health. While this provision is meant to restrict exemptions, the existence of such restrictions suggests that, under some circumstances, religious exemptions are possible. However, no statute or regulation affirmatively provides for religious, philosophical or medical exemptions to immunization requirements.

Disclaimer: The purpose of this database is to provide researchers, policymakers, and state and local public health practitioners with descriptive information concerning state immunization-related law. No part of this legal analysis involves providing legal advice or answering specific questions of law on behalf of any person or organization.

 

Page last reviewed: November 19, 2014