2016 New Mexico Statutes
Chapter 22 - Public Schools
Article 10A - School Personnel Act
Section 22-10A-34 - Communicable diseases; prohibited employment; penalty.
22-10A-34. Communicable diseases; prohibited employment; penalty.
A. No person afflicted with a communicable disease in a transmissible stage dangerous to the health of students shall be employed in a public or private school in this state.
B. The department of health after consultation with the public education department shall adopt and issue regulations designating those communicable diseases in a transmissible stage that are dangerous to the health of students.
C. Each person employed in a public or private school, including bus drivers, shall present to the governing authority of the school where employed, upon initial employment, a certificate from a licensed physician or an advanced practice registered nurse, certified nurse-midwife or physician assistant working within that person's scope of practice stating that the person is free from all communicable diseases in a transmissible stage dangerous to the health of students.
D. The certificate from a licensed physician or an advanced practice registered nurse, certified nurse-midwife or physician assistant working within that person's scope of practice shall be according to a form prescribed by the department of health and approved by the public education department. The certificate shall be obtained from a licensed physician or an advanced practice registered nurse, certified nurse-midwife or physician assistant working within that person's scope of practice not more than ninety days prior to the date of employment.
E. Any person violating the provisions of this section by not obtaining a certificate from a licensed physician or an advanced practice registered nurse, certified nurse-midwife or physician assistant working within that person's scope of practice as required is guilty of a petty misdemeanor.
History: 1953 Comp., 77-8-7, enacted by Laws 1967, ch. 16, 112; 1977, ch. 45, 1; 1993, ch. 226, 26; 1978 Comp., 22-10-10, recompiled as 22-10A-34 by Laws 2003, ch. 153, 72; 2015, ch. 116, 3.
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