2021 New Mexico Statutes
Chapter 24 - Health and Safety
Article 5 - Immunization
Section 24-5-3 - Exemption from immunization.

Universal Citation: NM Stat § 24-5-3 (2021)

A. Any minor child through his 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 or written affirmation from an officer of a recognized religious denomination that such 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 or written affirmation from his parent or legal guardian that his 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 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 or affirmation.

History: 1953 Comp., § 12-3-4.3, enacted by Laws 1959, ch. 329, § 3; 1979, ch. 42, § 1.


Section is controlling as to children attending public, private or parochial schools. 1962 Op. Att'y Gen. No. 62-05.

Chiropractors do not qualify as physicians for the purposes intended by this section. 1959 Op. Att'y Gen. No. 59-96.

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