SENATE BILL 238

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Gregg Schmedes

AN ACT

RELATING TO PUBLIC HEALTH; ELIMINATING THE SECRETARY OF HEALTH'S POWER TO ISOLATE AND QUARANTINE CERTAIN INDIVIDUALS DURING A STATE OF PUBLIC HEALTH EMERGENCY; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 12-10A-13 NMSA 1978 (being Laws 2003, Chapter 218, Section 13, as amended) is amended to read:

     "12-10A-13. VACCINATION AND TREATMENT.--

          A. During a state of public health emergency, a qualified person authorized by the secretary of health may vaccinate persons to prevent infection by a threatening communicable disease and to protect against the spread of that disease.

          [B. To protect against the spread of a threatening communicable disease, the secretary of health may isolate or quarantine a person who is unable or unwilling for reasons of health, religion or conscience to undergo vaccination pursuant to the standards and procedures set forth in the Public Health Emergency Response Act.

          C.] B. A qualified person authorized by the secretary of health may vaccinate a minor less than eighteen years of age, unless the minor or the minor's duly authorized representative presents a certificate issued by a duly licensed physician or an advanced practice registered nurse, certified nurse-midwife or physician assistant working within that person's scope of practice that states that the minor's physical condition is such that the vaccination would seriously endanger the minor's life or health.

          [D.] C. During a state of public health emergency, in order to provide treatment to a person who is exposed to or infected with a threatening communicable disease:

                (1) treatment may be administered by a public health official;

                (2) treatment shall be approved pursuant to appropriate regulations promulgated by the federal food and drug administration; and

                (3) the secretary of health may isolate or quarantine a person who is unable or unwilling, for reasons of health, religion or conscience, to undergo treatment pursuant to the standards and procedures set forth in the Public Health Emergency Response Act."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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