New Mexico Register / Volume XXXVII,
Issue 2 / January 27, 2026
TITLE 7 HEALTH
CHAPTER 5 VACCINES
AND IMMUNIZATIONS
PART 5 NEW
MEXICO STATEWIDE IMMUNIZATION REGISTRY
7.5.5.1 ISSUING
AGENCY: Public Health Division, Department of Health.
[7.5.5.1 NMAC - Rp, 7.5.5.1 NMAC 1/27/2026]
7.5.5.2 SCOPE: These regulations govern the use of the New
Mexico statewide immunization registry, a computerized repository of
immunization information maintained by the New Mexico department of health.
[7.5.5.2
NMAC - Rp, 7.5.5.1 NMAC 1/27/2026]
7.5.5.3 STATUTORY
AUTHORITY: The requirements set forth herein are
promulgated by the secretary of the department of health pursuant to the
authority granted under Subsection E of Section 9-7-6 NMSA 1978, Sections 24-5-7
through 24-5-15 NMSA 1978, Subsection R of Section 24-1-3 NMSA 1978, and
Section 24-1-21 NMSA.
[7.5.5.3
NMAC - Rp, 7.5.5.3 NMAC 1/27/2026]
7.5.5.4 DURATION: Permanent.
[7.5.5.4
NMAC - Rp, 7.5.5.4 NMAC 1/27/2026]
7.5.5.5 EFFECTIVE
DATE: January 27, 2026, unless a later date is
cited at the end of a section.
[7.5.5.5
NMAC - Rp, 7.5.5.5 NMAC 1/27/2026]
7.5.5.6 OBJECTIVE: The objective of this rule is to describe
implementation and maintenance, submission, reporting, participation, and
limits on access to the registry portion of the New Mexico immunization program.
[7.5.5.6
NMAC - Rp, 7.5.5.6 NMAC 1/27/2026]
7.5.5.7 DEFINITIONS:
A. Definitions
beginning with “A”: “Authorized user” means a person to
whom the division has provided account credentials authorizing that person to access
to the registry.
B. Definitions
beginning with “B”: [RESERVED]
C. Definitions beginning with “C”: “CDC” means centers for disease control
and prevention, the federal agency responsible for monitoring and protecting the
United States of America from health, safety, and security threats related to
diseases.
D. Definitions
beginning with “D”:
(1) “Data elements” means the information required to be
entered into the registry by providers as specified in these regulations or by
official division publication.
(2) "Department"
means the department of health.
(3) “Division” means the department of
health, public health division.
E. Definitions beginning with “E”: [RESERVED]
F. Definitions beginning with “F”: [RESERVED]
G. Definitions beginning with “G”: “Government issued identification” means a legible, current credentialing
document issued by a local, state or federal government entity that includes a
photo.
H. Definitions beginning with “H”: “Health information exchange” means an
arrangement that allows the sharing of health care information about individual
patients among different health care institutions or unaffiliated providers.
I. Definitions beginning with “I”: “Immunization” means treatment of an
individual with either a vaccine licensed by the U.S. food and drug administration
for immunization and distribution in the United States, or an immune globulin
product licensed by the U.S. food and drug administration and used for the
purposes of producing or enhancing an immune response.
J. Definitions beginning with “J”: [RESERVED]
K. Definitions beginning with “K”: [RESERVED]
L. Definitions beginning with “L”: [RESERVED]
M. Definitions beginning with “M”: [RESERVED]
N. Definitions beginning with “N”:
(1) “NDC” means National Drug Code.
(2) "NMDOH" means the New Mexico department of health.
(3) "NMSIIS"
means the New Mexico statewide immunization information system.
O. Definitions beginning with “O”: [RESERVED]
P. Definitions beginning with “P”:
(1) “Patient”
means any person offered an immunization.
(2) “Provider” means an individual or organization
required to submit information to the registry pursuant to Section 24-5-8 NMSA
1978 including physicians,
nurses, pharmacists, nurse practitioners, physician's assistants and other
health care providers authorized by the division.
Q. Definitions beginning with “Q”: [RESERVED]
R. Definitions beginning with “R”: “Registry”
means the New Mexico statewide immunization information system (NMSIIS), a
computerized repository of immunization information maintained by the New
Mexico department of health.
S. Definitions beginning with “S”: [RESERVED]
T. Definitions beginning with “T”: [RESERVED]
U. Definitions beginning with “U”: [RESERVED]
V. Definitions beginning with “V”: “Vaccines
for children program" or "VFC” means the program operated by the division that
provides federally funded vaccines to children ages 0-18 years who are
uninsured, on medicaid, or are Alaska Native/American
Indian.
W. Definitions
beginning with “W”: [RESERVED]
X. Definitions beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[7.5.5.7 NMAC - Rp, 7.5.5.7 NMAC 1/27/2026]
7.5.5.8 IMPLEMENTATION
AND MAINTENANCE OF THE REGISTRY: The department is responsible for establishing
guidelines as necessary regarding the implementation and maintenance of the
registry.
[7.5.5.8
NMAC - Rp, 7.5.5.8 NMAC 1/27/2026]
7.5.5.9 REPORTING
REQUIREMENTS:
A. Providers shall report all data elements to the registry
for all immunizations they administer to a patient unless the patient or the
patient’s parent or guardian informs the provider that the patient declines to
participate in the registry or does not wish to include a particular
immunization in the registry.
B. Providers shall report all data
elements to the registry within 10 days of administering an immunization. A provider may request an extension of 20 days
from the division for large immunization events. Permission for extensions for these events are
at the discretion of the division and providers must obtain pre-approval.
C. The following are
the minimum data elements that must be reported to the registry:
(1) Vaccination information, including:
(a) name
of vaccine;
(b) administering
provider location/clinic;
(c) manufacturer
of vaccine;
(d) lot/serial
number of vaccine;
(e) funding
source of vaccine;
(f) expiration
date of vaccine;
(g) NDC
number of vaccine;
(h) date
of administration of vaccine;
(i) dosage administered to patient;
(j) body
site and route of administration.
(2) Patient
demographic information, including:
(a) last
name;
(b) first
name;
(c) middle name, if
applicable;
(d) gender;
(e) date
of birth;
(f) insurance
status;
(g) insurance
information;
(h) mailing
address;
(i) physical address;
(j) phone
number (including area code);
(k) race; and
(l) ethnicity.
D. Providers will be notified through an
official memo by the division of any additional required data elements for
reporting not already included herein. Any
included data elements published through an official memo to providers are
incorporated herein by reference as required data elements.
[7.5.5.9
NMAC - Rp, 7.5.5.9 NMAC 1/27/2026]
7.5.5.10 SUBMISSION
OF REPORTS OF IMMUNIZATION TO THE REGISTRY:
A. All data elements
shall be reported to the registry in a manner and format approved by the
division.
B. Direct reporting:
(1) Authorized
users may directly review and submit data elements electronically through the
registry website interface using individual account credentials assigned by the
division.
(2) Each
user may only use their individual account credentials assigned to the authorized
user.
(3) Authorized
user account credentials may not be shared.
C. Data exchange
reporting:
(1) Providers
with electronic systems that are compatible with the division's data exchange
program may request to receive approval to utilize the compatible system for
reporting the required data elements.
(2) Providers
using data exchange reporting must utilize the file format approved by the
division and are responsible for all associated costs.
(3) Providers
using data exchange reporting must update their systems to maintain
compatibility with the divisions data exchange program as necessary to maintain
the integrity of the data transfers.
D. A health
information exchange may exchange information with the registry on behalf of a
provider. When a health information
exchange operates in this manner, the exchange is subject to the same rules as
the provider.
E. To decrease
duplication of patient records and duplicate vaccines, the division may utilize
other information sources to populate the registry and perform data quality
activities, such as birth certificates, adoption decrees, paper shot records,
or medicaid enrollment information.
[7.5.5.10
NMAC - Rp, 7.5.5.10 NMAC 1/27/2026]
7.5.5.11 PROCEDURES TO DECLINE PARTICIPATION:
(1) The
patient and the provider shall document the patient's opt-out decision using a
form provided by the division, or the provider's own form provided the same
information as the division's form is included.
(2) The
provider will store all opt-out documentation in an accessible, orderly system
so that in the event of a public health emergency, the department can review
the opt-out data to inform emergency responses.
B. Patients must
complete the opt-out process with each healthcare provider that offers
immunization services to the patient, each time immunization services are
provided. If the patient declines
participation for certain immunizations only, the patient must complete the opt-out
process for each immunization for which the patient opts out.
[7.5.5.11
NMAC - Rp, 7.5.5.11 NMAC 1/27/2026]
7.5.5.12 PROCEDURES FOR REVIEWING AND
CORRECTING PATIENT RECORDS:
A. At
the time an immunization is offered, the provider shall notify the patient of
the procedures to review and correct information contained in the registry.
B. A
patient, or a minor patient's parent or guardian, who wishes to review the
patient’s registry immunization record may request a copy from the patient’s
provider or from a department public health office, or through a department-approved
online portal.
C. If a patient
requests to correct any information in the registry, the patient shall submit a
request to the division, the NMSIIS help desk, to a department public health
office, or to the patient's provider. The
request shall identify the patient and the information to be corrected.
D. All requests for
corrections must be accompanied by a copy of patient identification. If a patient is a minor, the request must be
accompanied by a certified copy of the patient's birth certificate and a copy
of identification for the submitter or the parent/guardian of the requesting
patient. If the requester is a non-parent
legal guardian, the guardian must also submit a copy of the guardian’s legal
appointment of guardianship.
E. If a patient
requests to change the registry’s record of the patient’s date of birth, the
patient must present a birth certificate or other legal documentation to verify
the patient’s correct date of birth. All
such requests must be submitted to division staff via the NMSIIS help desk. Information on how to contact the NMSIIS help
desk can be found on the NMSIIS webpage https://www.nmhealth.org/about/phd/idb/imp/siis/.
F. If the department
bureau of vital records and health statistics provided the date of birth for a
patient, the patient’s date of birth may not be changed except through
notification by vital records or a court order.
G. Only division
staff with appropriate registry access are permitted to change a patient's name
or date of birth on a patient record.
(1) Appropriate
documentation as required by this section must be presented to division staff
to have the patient's name changed, or spelling corrected or changed.
(2) If
a court order for adoption requires a name change, the request for change must
be submitted to division staff via the NMSIIS help desk and must include copies
of the patient's legal documentation supporting the request.
H. If a patient
requests to change any other information in the registry, supporting materials
such as medical records, should be attached to the patient's written request.
I. The division may
make a change if the change is supported by appropriate documentation.
J. If the patient
cannot be uniquely identified in the registry, or if the request is
insufficiently supported, the division will contact the patient to obtain
additional information.
K. Upon making a determination, the division will notify the
requestor of that decision. If the
request is denied, the division will notify the patient of the reason(s) for
denial. If the request is approved, the division
will record the change in the registry.
[7.5.5.12
NMAC - Rp, 7.5.5.12 NMAC 1/27/2026]
7.5.5.13 PROCEDURES TO WITHDRAW CONSENT AND REMOVE INFORMATION
FROM REGISTRY:
A. To
remove a record from NMSIIS, a patient must submit by mail or hand delivery to
the department a completed decision to remove NMSIIS record form. The decision to remove form can be obtained
from a provider or printed from the department website at
https://nmhealth.org/about/phd/idb/imp/siis/.
B. The patient's request to remove
information must be accompanied by a copy of patient identification. If the patient is a minor, the request must be
accompanied by a copy of the patient's birth certificate and a copy of
identification for the submitter or parent/guardian of the patient. If the requester is a guardian, a copy of the
legal appointment of guardianship will be required.
C. Upon receipt of
the request, or upon receipt of any requested additional information, the division
shall delete the patient's record from the registry. The division shall notify the patient when the
record is deleted.
[7.5.5.13
NMAC - Rp, 7.5.5.13 NMAC 1/27/2026]
7.5.5.14 LIMITS ON ACCESS TO THE REGISTRY:
A. Access
to the information in the registry shall be limited to primary care physicians,
nurses, pharmacists, managed care organizations, school nurses, and other
appropriate health care providers including nurse practitioners and physician
assistants, or public health entities as designated by the secretary of health.
A managed care organization may only
access information for its enrollees.
B. Requests for
access to the registry shall be made by a provider in writing to the division
and access shall be determined by the division.
C. No person or
automated system may access or attempt to access the registry without approval
from the division.
D. At the division's
discretion, access may be modified.
E. A patient, or a
patient's parent or guardian if the patient is under the age of 18, may access
the patient’s records.
[7.5.5.14
NMAC - Rp, 7.5.5.14 NMAC 1/27/2026]
7.5.5.15 COMPLAINT INVESTIGATIONS:
A. If
the division receives a complaint or otherwise learns of noncompliance of a provider
relating to these rules, an investigation will be initiated.
B. Upon completion
of the investigation, the division will issue an investigative report
substantiating or not substantiating the alleged noncompliance.
[7.5.5.15
NMAC - Rp, 7.5.5.15 NMAC 1/27/2026]
7.5.5.16 SANCTIONS AND NONCOMPLIANCE:
A. A provider is in noncompliance if they fail to follow any of
these regulations.
B. If
noncompliance is substantiated, the department will issue the provider a
written report of deficiencies which shall include a plan of correction.
(1) The provider must correct any
deficiencies identified in the department’s plan of correction within a fixed
period of time.
(2) The
period of time for a provider to correct deficiencies will be reasonably determined
by the division and be based on the circumstances of the noncompliance. The time period will be specified in the plan
of correction.
C. Upon
expiration of the correction date as stated in the plan of correction, pursuant
to Section 24-1-21 NMSA the division may impose a separate civil monetary
penalty of one hundred dollars ($100) for each repeated instance of
noncompliance, including, but not limited to each invalid or improper entry. The division shall issue a written report
detailing the repeated non-compliance and the civil monetary penalty. The civil monetary penalty shall not exceed
five thousand dollars ($5,000) per report.
[7.5.5.16
NMAC - Rp, 7.5.5.16 NMAC 1/27/2026]
7.5.5.17 ADMINISTRATIVE REVIEW:
A. If a provider
wishes to appeal the issuance of a civil monetary penalty, the provider must
submit a written request for an administrative review within 10 working days
from the date of issuance of the civil monetary penalty.
B. An administrative
review will be conducted by an assigned division bureau chief or designee
within 30 days of the request for review. Additional time to conduct the administrative
review may be granted if requested by the provider and good cause is shown.
(1) The
provider may request a paper administrative review, limited to records and a
written appeal, or may appear in person or through an advocate of the provider’s
choice and present evidence to refute the results of the investigation and the
reason for the issuance of the civil monetary penalty during an administrative
review.
(2) The
assigned bureau chief or designee will complete their review and either
overturn, modify, or uphold the civil monetary penalty in a written decision within
10 days of the completion of the administrative review.
[7.5.5.17 NMAC - Rp, 7.5.5.17 NMAC 1/27/2026]
7.5.5.18 ADMINISTRATIVE HEARING:
A. If
the provider wishes to appeal the result of the administrative review, the provider
must submit a written request to the division within 10 working days from the
date of issuance of the assigned bureau chief or designee's written decision.
B. Hearing process:
(1) Hearing
will be conducted by a hearing officer appointed by the secretary.
(2) Hearings
shall be conducted in Santa Fe, New Mexico, unless the appellant can show
significant hardship sufficient to require the case be held in a different
location.
(3) Due
to federal and state laws regarding the confidentiality of protected health
information, all hearings held pursuant to this section shall be closed to the
public.
(4) The
hearing shall be recorded on audio recording equipment. The hearing officer shall maintain the
recording. No other recordings may be made except with the permission of the
hearing officer.
(5) Any
hearing provided for in this rule may be held telephonically, with the consent
of the parties.
(6) A
request for a telephonic hearing must be made no later than 10 business days
prior to the date of the hearing; notice of the telephonic hearing shall be
given to all parties and shall include all necessary telephone numbers;
(6) The
department shall schedule and hold the hearing no later than 60 calendar days
from the date the department receives the appellant's request for hearing. The hearing officer may extend the 60-day time
period for good cause shown, or the parties may extend that period by mutual
agreement.
(7) The
department shall issue notice of the hearing at least fifteen days prior to the
scheduled date of the hearing. The
notice shall include a statement of the time, place, and nature of the hearing.
(9) An
appellant's failure to appear at the hearing at the date and time noticed shall
constitute a default unless good cause for the failure to appear is shown.
(10) All
parties shall be given the opportunity to respond and present evidence and
argument on relevant issues.
(11) A
party may be represented by a person licensed to practice law in New Mexico or
a non-lawyer representative or may represent himself or herself.
(12) The
hearing officer shall create a record of the proceedings which shall include
the following:
(a) all
pleadings, motions, and rulings;
(b) evidence
and briefs received or considered;
(c) a
statement of any matters officially noticed;
(d) offers
of proof, objections, and rulings thereon;
(e) proposed
findings and conclusions; and
(f) any
action recommended by the hearing officer.
(13) Unless
the hearing officer determines a different procedure is appropriate, the hearing
officer shall conduct the hearing as follows:
(a) opening
statements by the appellant and the department;
(b) upon
conclusion of the opening statements, the department shall present its case;
(c) upon
conclusion of the departments case, the appellant may present his or her case;
(d) upon
conclusion of either party's case, the opposing party may present rebuttal
evidence; and
(e) after
presentation of the evidence by the parties, the parties may present closing arguments.
(14) The
rules of evidence as applied in courts do not apply in the proceedings; any
relevant evidence shall be admitted; irrelevant, immaterial, or unduly
repetitious evidence may be excluded.
(15) The department
shall be required to prove its case by a preponderance of the evidence.
(16) The
parties may submit briefs including findings of fact and conclusions of law for
consideration by the hearing officer. All
briefs must be submitted 15 days after the conclusion of the hearing.
(17) No
later than 30 calendar days after the last submission by a party, the hearing
officer shall prepare and submit to the secretary a written recommendation of
action to be taken by the secretary; the recommendation shall propose
sustaining, reversing, or modifying the proposed action of the department.
(18) The
secretary shall issue a final written decision accepting or rejecting the
hearing officer's recommendation in whole or in part no later than 30 calendar
days after receipt of the hearing examiner's recommendation; the final decision
shall identify final action taken. Service
of the secretary's final decision shall be made upon the appellant by
registered or certified mail.
[7.5.5.18
NMAC - Rp, 7.5.5.18 NMAC 1/27/2026]
History of 7.5.5 NMAC:
[RESERVED]
History of Repealed Material: 7.5.5 NMAC - New Mexico Statewide Immunization Registry, filed 10/11/2018
Repealed effective 1/27/2026.
Other: 7.5.5 NMAC - New Mexico Statewide Immunization Registry, filed 10/11/2018
Replaced by 7.5.5 NMAC - New Mexico Statewide Immunization Registry, effective 1/27/2026.