SENATE BILL 81

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Martin Hickey

 

 

 

 

 

AN ACT

RELATING TO IMMUNIZATION; ALLOWING PHYSICIAN ASSISTANTS OR CERTIFIED NURSE PRACTITIONERS TO CERTIFY THAT IMMUNIZATION IS DETRIMENTAL TO THE PHYSICAL CONDITION OF A CHILD.

 

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

     SECTION 1. Section 24-5-3 NMSA 1978 (being Laws 1959, Chapter 329, Section 3, as amended) is amended to read:

     "24-5-3. EXEMPTION FROM IMMUNIZATION.--

          A. Any minor child through [his] the child's parent or guardian may file with the health authority charged with the duty of enforcing the immunization laws:

                (1) a certificate of a [duly] licensed physician, a physician assistant or a certified nurse practitioner stating that the physical condition of the child is such that immunization would seriously endanger the life or health of the child; [or]

                (2) [affidavits] an affidavit or written affirmation from an officer of a recognized religious denomination that [such] the child's parents or guardians are bona fide members of a denomination whose religious teaching requires reliance upon prayer or spiritual means alone for healing; or

                (3) [affidavits] an affidavit or written affirmation from [his] the child's parent or legal guardian that [his] the parent's or legal guardian's religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agent.

          B. Upon filing and approval of such certificate, [affidavits] affidavit or affirmation, the child is exempt from the legal requirement of immunization for a period not to exceed nine months on the basis of any one certificate, [affidavits] affidavit or affirmation."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

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