SENATE BILL 232
55th legislature - STATE OF NEW MEXICO - first session, 2021
RELATING TO HEALTH; PROVIDING AN EXEMPTION FROM IMMUNIZATION FOR A CHILD WHOSE PARENT OR GUARDIAN DISALLOWS IMMUNIZATION FOR REASONS OF CONSCIENCE.
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 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; or
(4) an affidavit or written affirmation from the child's parent or legal guardian that the child's parent or legal guardian does not permit the administration of vaccine or other immunizing agent for reasons of conscience.
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."
- 2 -