New Mexico Register / Volume XXXVII,
Issue 6 / March 24, 2026
NOTICE
OF PUBLIC HEARING
The
New Mexico Department of Health will hold a public hearing on the proposed
repeal and replacement of rule 7.4.3 NMAC, “Control of Disease and
Conditions of Public Health Significance.” The hearing will be held on April 30, 2026, at
10:00 a.m. via the Microsoft Teams Internet-based video conferencing system,
and via telephone. Members of the public who wish to submit public comment
regarding the proposed repeal and replacement of the rule will be able to do so
via video conference and via telephone during the course of the hearing, and by
submitting written comment.
The Department
proposes to repeal and replace the entirety of rule 7.4.3 NMAC, to incorporate various
new and modified provisions, including but not limited to provisions concerning:
* Additional language on Statutory Authority
(section 3);
* Definitions (section 7);
* Methods and requirements to report notifiable
conditions (section 8);
* Addition of sentinel surveillance of
infectious and non-infectious diseases or conditions that are not already included
under section 13 and details about the requirements for sentinel surveillance
to be initiated (section 9)
* Listing of required emergency department
visit variables (section 10);
* Move Healthcare Associated Infections to
section 13 where the other notifiable conditions are listed (section 11);
* Add new notifiable conditions and modify
certain existing notifiable conditions to update terminology or provide current
laboratory test requirements (tuberculosis is one example) (section 13);
The purpose of the
proposed repeal and replacement of 7.4.3 NMAC is to implement the Public Health
Act. Administration and enforcement of
these rules are the responsibility of the Epidemiology and Response Division of
the Department of Health, under Section 24-1-3, which authorizes the department
to “investigate, control and abate the causes of disease, especially epidemics,
sources of mortality and other conditions of public health,” and to “maintain
and enforce rules for the control of communicable diseases deemed to be
dangerous to public health.” 7.4.3 NMAC has not been updated since 2016 and
therefore requires extensive updates to allow the department to effectively address
its duties.
The legal
authority authorizing the proposed repeal and replacement of the rule by the
Department is at the Department of Health Act, Subsection E of Section 9-7-6
NMSA 1978, which authorizes the secretary of the department of health to
“...make and adopt such reasonable and procedural rules and regulations as may
be necessary to carry out the duties of the department and its divisions” and to
“maintain and enforce such rules as may be necessary to carry out the
provisions of the Public Health Act and to publish the rules.” (Public Health Act Section 24-1-3). And by the authority of and in conformity
with the Public Health Act, Subsections B through G, Q through S, Y and Z of
Section 24-1-3, NMSA 1978, Sections 24-1-7, 24-1-15, 24-1-15.2, 24-1-15.3, and
24-1-36, NMSA 1978 and pursuant to the Hospital-Acquired Infection Act,
Sections 24-29-1 through 24-29-6, NMSA 1978.
A free copy of
the full text of the proposed repeal and replacement can be obtained online
from the New Mexico Department of Health’s website at http://nmhealth.org/about/asd/cmo/rules/ or by contacting the Department
using the contact information below.
The public hearing will be conducted to receive public
comment on the proposed repeal and replacement.
Any interested member of the public may attend the hearing and may
submit data, views, or arguments on the proposed rule either orally or in
writing during the hearing.
To access the hearing via the Internet: please go to https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting, then enter the following meeting i.d.
code and passcode where indicated on the screen: meeting i.d.
code 219 293 526 532 36 and passcode Py3c8pF6 and then click the “Join a
meeting” button.
To access the hearing by telephone: please call (888)
506-1357 and enter phone conference i.d. 217586114#
All comments will be recorded.
Written public
comment regarding the proposed rule can be submitted either by e-mail to Jacob
Clark at jacob.clark@doh.nm.gov, or U.S. postal mail to the following address:
Jacob Clark
NMDOH OGC
P.O. Box 26110
1190 St.
Francis Dr., Suite N-4095
Santa Fe, NM
87502-6110
Written
comments must be received by the close of the public rule hearing on April 30,
2026. All written comments will be
published on the agency website at https://www.nmhealth.org/about/asd/cmo/rules/ within 3 days of receipt, and will
be available at the New Mexico Department of Health for public inspection.
If you are an
individual with a disability who is in need of special
assistance or accommodations to attend or participate in the hearing, please
contact Jacob Clark by telephone at (505) 827-2997. The Department requests at
least ten (10) days’ advance notice to provide special accommodation.