N.M. Stat. Ann. § 24-5-1
History: 1953 Comp., § 12-3-4.1, enacted by Laws 1959, ch. 329, § 1; 1977, ch. 253, § 20; 1985, ch. 21, § 5; 1998, ch. 26, § 1; 2025 (1st S.S.), ch. 5, § 1; 1978 Comp., § 24-5-1, repealed and reenacted by Laws 2025 (1st S.S.), ch. 5, § 8; 2026, ch. 42, § 1.
Repeals. — Laws 2026, ch. 42, § 2 repealed Laws 2025 (1st S.S.), ch.5, § 8 effective May 20, 2026. Laws 2025 (1st S.S.), ch. 5, § 8 would have become effective July 1, 2026.
Cross references. — For department of health, see 9-7-4 NMSA 1978.
For public education department, see Chapter 9, Article 24 NMSA 1978.
The 2026 amendment, effective May 20, 2026, removed a requirement that the rules promulgated by the public health division of the department of health be in accordance with recommendations from certain national professional health associations; in Subsection A, after "recommendations from the department of health" deleted "or the American academy of pediatrics"; in Subsection B, after "in accordance with guidance from" deleted "American academy of family physicians, the American college of obstetricians and gynecologists, the American college of physicians or the".
The 2025 (1st S.S.) amendment, effective December 31, 2025, required the promulgation of rules for the immunization of children attending licensed child care and licensed early childhood care programs to be based on the recommendations of the department of health or the American academy of pediatrics, and required the department of health to recommend immunizations for adults based on guidance from the American academy of family physicians, the American college of obstetricians and gynecologists, the American college of physicians or the department of health; added subsection designation "A"; in Subsection A, after "education" added "department and the early childhood education and care department", after "required of children attending" added "licensed child care and licensed early childhood care programs and", after "parochial schools in the state" added "Rules promulgated pursuant to this subsection shall establish", after "recommendations from the" deleted "advisory committee on immunization practices of the United States", and after "department of health" deleted "and human services and" and added "or"; and added Subsection B.
The 1998 amendment, effective May 20, 1998, in the first sentence, substituted "public health" for "health services", deleted "health and environment" following "division of the", and inserted "of health" near the beginning; substituted the language beginning with "recommendations of the advisory committee" for "recognized standard medical practice in the state" in the second sentence; and substituted "public health" for "health services" in the last sentence.
Claim for defective design of vaccine. — The Public Health Service Act, 42 U.S.C. § 201 et seq., and the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq., and the regulations promulgated thereunder, do not impliedly preempt a state common-law products liability claim for defective design of a pertussis vaccine. MacGillivray v. Lederle Lab. Div., 667 F. Supp. 743 (D.N.M. 1987).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Health § 27; 68 Am. Jur. 2d Schools §§ 277 to 280.
Products liability: Pertussis vaccine manufacturers, 57 A.L.R.4th 911, 98 A.L.R. Fed. 124.
AIDS infection as affecting right to attend public school, 60 A.L.R.4th 15.
Power of court or other public agency to order vaccination over parental religious objection, 94 A.L.R.5th 613.
39A C.J.S. Health and Environment §§ 18, 22; 79 C.J.S. Schools and School Districts §§ 452, 453.