TITLE 7 HEALTH
CHAPTER 4 DISEASE CONTROL (EPIDEMIOLOGY)
PART 3 CONTROL OF DISEASE AND
CONDITIONS OF PUBLIC HEALTH SIGNIFICANCE
7.4.3.1 ISSUING AGENCY: New
Mexico Department of Health.
[7.4.3.1 NMAC -
Rp, 7.4.3.1 NMAC, 04/30/2009]
7.4.3.2 SCOPE: All
physicians, laboratories, health care professionals, and other persons having
knowledge of diseases or conditions covered by these regulations.
[7.4.3.2 NMAC -
Rp, 7.4.3.2 NMAC, 04/30/2009]
7.4.3.3 STATUTORY AUTHORITY:
These provisions set forth herein are promulgated by the secretary of
the department of health by authority of NMSA 1978 Section 9-7-6(E) and in
conformity with the Public Health Act, particularly NMSA 1978 Sections 24-1-3C,
24-1-7, and 24-1-15 and pursuant to the Hospital-Acquired Infection Act, NMSA
1978, Sections 24-29-1 through 24-29-6.
Administration and enforcement of these rules are the responsibility of
the epidemiology and response division of the department of health.
[7.4.3.3 NMAC -
Rp, 7.4.3.3 NMAC, 04/30/2009; A, 02/29/2012]
7.4.3.4 DURATION:
Permanent.
[7.4.3.4 NMAC -
Rp, 7.4.3.4 NMAC, 04/30/2009]
7.4.3.5 EFFECTIVE DATE: April
30, 2009, unless a later date is cited at the end of a section.
[7.4.3.5 NMAC -
Rp, 7.4.3.5 NMAC, 04/30/2009]
7.4.3.6 OBJECTIVE: The
essential objective of these rules is the control of disease and conditions of
public health significance through the prompt identification of disease,
notification of responsible health authorities, and institution of preventive
and ameliorative measures.
[7.4.3.6 NMAC -
Rp, 7.4.3.6 NMAC, 04/30/2009]
7.4.3.7 DEFINITIONS: As
used in these provisions, the following terms shall have the meaning given to
them, except where the context clearly requires otherwise.
A. “Acute care
hospital” means a hospital providing emergency services, in-patient medical and
nursing care for acute illness, injury, surgery or obstetrics; ancillary
services such as pharmacy, clinical laboratory, radiology, and dietary are
required for acute care hospitals.
B. “Cancer” means
all malignant neoplasms and in situ neoplasms and all intracranial neoplasms,
regardless of the tissue of origin.
C. “Carrier” means
an infected person or animal that harbors a specific infectious agent without
clinical symptoms and that serves as a potential source of infection for
humans.
D. “Condition of
public health significance” means a condition dangerous to public health or
safety.
E. “Designee” means
an agency or instititution designated by the department of health to receive
reports of notifiable conditions on its behalf for the purpose of public health
surveillance.
F. “Disease” means
an illness, including those caused by infectious agents or their toxic products
which may be transmitted to a susceptible host.
G. “Division” means
the epidemiology and response division of the department of health, P.O. Box
26110, Santa Fe, NM 87502-6110.
H. “Health care
professional” means any licensed doctor of medicine or osteopathy, nurse,
physician’s assistant, midwife, veterinarian or other licensed health care
provider.
I. “Isolation,
detention or quarantine” means the complete separation or partial restriction
of movement and association in such manner and for such period to prevent the
direct and indirect transmission of the infectious agent.
J. “Laboratory”
means the scientific laboratory division of the department of health or any
other laboratory which performs diagnostic tests on specimens obtained from New
Mexico sources for diseases and conditions covered by these rules.
K. “Notifiable
condition” means a disease or condition of public health significance required
by statute or these rules to be reported to the department of health.
L. “Other person”
includes but is not limited to: laboratory staff; an official in charge of any
health facility; hospital records or administrative personnel; the principal or
person in charge of any private or public school, or child care center;
teachers and school nurses; and a householder or any other person, in the
absence of a health care professional having direct knowledge of a disease or
condition of public health significance.
M. “Regional or
local public health office” means a public health office designated by the
public health division of the department of health.
N. “Report” means a
notification to the department of health pursuant to these rules.
O. “Specimen” means
any material derived from humans or animals for examination for diagnosis,
prevention or treatment of any disease or condition of public health
significance.
[7.4.3.7 NMAC -
Rp, 7.4.3.7 NMAC, 04/30/2009; A, 02/29/2012; A, 06/15/2016]
7.4.3.8 NOTIFIABLE CONDITIONS:
A. Declaration of
notifiable conditions: The division shall periodically issue a list of
notifiable conditions according to reporting category designated as 7.4.3.13
NMAC. The list shall be reviewed on a
regular basis and revised as necessary.
Diseases shown in 7.4.3.13 NMAC are declared notifiable conditions as of
the effective date.
B. Official
listing: The list of notifiable conditions shall be issued in a quick reference
format and shall show that it is the current official list and shall specify
its effective date. The division shall
routinely supply the current official list to health care professionals and
health facilities and to other persons or entities on request.
C. Reporting of
notifiable conditions: Reporting will be by means of the following:
(1) the
division’s 24-hour telephone number as listed in the report, “New Mexico epidemiology,” the division’s
newsletter or by direct telephone contact with the regional or local public
health office;
(2) the
division’s toll-free telephone receiving and recording system telephone number
listed in the report “New Mexico epidemiology”;
(3) for
specified conditions, reporting to the address/phone number published on the
printed form of the “list of notifiable conditions”;
(4) written
report to the division; or
(5) electronic
transmission, which includes facsimile and computer data transfers.
D. Reporting
requirements - health care professionals: Every health care professional
treating any person or animal having or suspected of having any notifiable
condition shall report the condition within the time and in the manner set out
in the list of notifiable conditions.
E. Reporting
requirements - laboratories: All laboratories performing diagnostic tests for
any notifiable condition shall report all positive findings within the time and
in the manner set out in the list.
Reports shall include the name of the reporting laboratory, the
patient’s name, date of birth/age, and address, the date of clinical diagnosis,
if known, and the health care professional or hospital requesting the test.
F. Reporting
requirement - other persons: Any other person, including all persons listed in
Subsection L of 7.4.3.7 NMAC of these rules, having knowledge of any person
having or suspected of having a notifiable condition, shall immediately report
the condition to the division.
G. Conditions of
public health significance: Any person, including health care professionals and
persons listed in Subsection L of 7.4.3.7 NMAC of these rules, having knowledge
of a notifiable condition shall immediately report the condition to the
division.
[7.4.3.8 NMAC -
Rp, 7.4.3.8 NMAC, 04/30/2009; A, 02/29/2012]
7.4.3.9 CONTROL OF DISEASE AND
CONDITIONS OF PUBLIC HEALTH SIGNIFICANCE:
A. Responsibility
for protection of public health: The department of health may take such
measures as are deemed necessary and proper for the protection of the public
health.
B. Coordination
among agencies: The department of health shall coordinate the efforts of other
concerned or interested federal, state and local agencies and shall cooperate
with local health care professionals and health care facilities.
C. Imposition of
isolation or quarantine: The department of health may establish or require
isolation or quarantine of any animal, person, institution, community or
region.
D. Case incidence
in schools or health facilities: Where any case of communicable disease occurs
or is likely to occur in a public, private, or parochial school, child care
facility, or in a health care facility, the department of health may require
the school or facility to:
(1) exclude
infected persons and non-immune persons, whether students, patients, employees
or other persons;
(2) close
and discontinue operations if there is likelihood of an epidemic.
E. Refusal of
voluntary treatment, detention or observation: When a person who is actively
infectious with a threatening communicable disease refuses voluntary treatment,
detention or observation, the department of health may seek a court order to
detain the person pursuant to Section 24-1-15 NMSA 1978 of the Public Health
Act until the person is no longer a contagious threat to the public or the
person voluntarily complies with appropriate treatment and contagion
precautions.
F. Other public
health orders: The department of health may issue orders for the testing of
particular populations or groups of persons or animals to identify carriers of
disease, including immigrants, travelers, students or preschoolers and others
who have been at risk of transmission or exposure. The department of health may
require that all tests be done under the control of the scientific laboratory
division or by a laboratory approved for that purpose.
G. Enforcement of
public health orders: Any order issued by the department of health under the
Public Health Act or these rules shall be enforceable as provided by law and
violation is punishable in accordance with Section 24-1-21 NMSA 1978.
H. Medical records:
To carry out its duties to investigate and control disease and conditions of
public health significance, the department of health or designee shall have
access to all medical records of persons with, or suspected of having,
notifiable diseases or conditions of public health significance. The department
of health is a “public health authority” as defined by the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) and the Privacy Rule. The
department of health is authorized to receive protected health information
without patient authorization for purposes of public health surveillance,
investigation and interventions and as otherwise required by law. The division
or designee may periodically review medical records to ensure the completeness
and quality of reporting.
I. Confidentiality
of reports: All notifiable condition reports are confidential. Disclosure to
any person of report information, except for disclosure for the purpose of
prevention, treatment or control, is prohibited unless disclosure is required
by law.
J. Research use of
notifiable condition data: Researchers authorized by the division or its
designee who certify to the satisfaction of the division that confidentiality
of data will be maintained in accordance with applicable state and federal
confidentiality requirements, may conduct studies utilizing notifiable
condition data, including studies of the sources and causes of conditions of
public health significance, evaluations of the cost, quality, efficacy and
appropriateness of screening, diagnostic, therapeutic, rehabilitative and
preventive services and programs relating to conditions of public health
significance and other clinical or epidemiologic research.
[7.4.3.9 NMAC -
Rp, 7.4.3.9 NMAC, 04/30/2009; A, 02/29/2012; A, 06/15/2016]
7.4.3.10 EMERGENCY DEPARTMENT REPORTING:
A. Reporting
requirements: Hospitals shall report all
emergency department visits electronically to the department of health in such
a format, with such data elements and in accordance with such standards of
quality, timeliness and completeness as established by the department of
health.
B. Confidentiality:
All emergency department visit reports
are confidential. Disclosure to any
person of report information, except for disclosure of a notifiable condition
for the purpose of prevention or control of diseases and other health
conditions, is prohibited unless disclosure is required by law.
[7.4.3.10 NMAC -
Rp, 7.4.3.10 NMAC & 7.4.3.11 NMAC, 04/30/2009]
7.4.3.11 HEALTHCARE-ASSOCIATED INFECTION
REPORTING: Acute care hospitals only will submit data to the New Mexico department
of health using the centers for disease control and prevention national
healthcare safety network (NHSN) and confer rights to access the data to the
New Mexico department of health for central line-associated bloodstream
infections and clostridium difficile infections. All carbapenem-resistant enterobacteriaceae and
carbapenem-resistant pseudomonas aeroginosa cases, including
non-healthcare-associated, will be reported to the New Mexico department of
health.
[7.4.3.11 NMAC - N, 02/29/2012; A, 06/15/2016]
7.4.3.12 REPEALER:
These requirements repeal and replace all previous rules, particularly
rules governing the control of communicable disease of November 11, 1952, rules
governing the reporting of notifiable disease of June 29, 1974 and rules
governing the control of disease and conditions of public health significance
of 1980.
[7.4.3.12 NMAC -
Rp, 7.4.3.12 NMAC, 04/30/2009; 7.4.3.12 NMAC - Rn, 7.4.3.11 NMAC, 02/29/2012]
7.4.3.13 NOTIFIABLE
DISEASES OR CONDITIONS IN NEW MEXICO:
A. All reports
including electronic laboratory reports of notifiable conditions, must include:
(1) the
disease or condition being reported;
(2) patient’s
name, date of birth/age, gender, race/ethnicity, address, patient telephone
numbers, and occupation;
(3) physician
or licensed healthcare professional name and telephone number; and
(4) healthcare
facility or laboratory name and telephone number, if applicable.
B. Laboratory or
clinical samples for conditions marked with (*) are required to be sent to the
scientific laboratory division.
C. Emergency
reporting of diseases or conditions: The following diseases, confirmed or
suspected, require immediate reporting by telephone to the epidemiology
and response division at (505) 827-0006.
(1) Infectious
diseases:
(a) anthrax*;
(b) avian
or novel influenza*;
(c) bordetella
species (including pertussis)*;
(d) botulism
(any type)*;
(e) cholera*;
(f) diphtheria*;
(g) haemophilus
influenzae invasive infections*;
(h) measles;
(i) Middle
East respiratory syndrome;
(j) meningococcal
infections, invasive*;
(k) plague*;
(l) poliomyelitis,
paralytic and non-paralytic;
(m) rabies;
(n) rubella
(including congenital);
(o) severe
acute respiratory syndrome (SARS)*;
(p) smallpox*;
(q) tularemia*;
(r) typhoid
fever*;
(s) viral
hemorrhagic fever;
(t) yellow
fever.
(2) Other
conditions:
(a) suspected
foodborne illness in two or more unrelated persons*;
(b) suspected
waterborne illness or conditions in two or more unrelated persons*;
(c) illnesses
or conditions suspected to be caused by the intentional or accidental release
of biologic or chemical agents*;
(d) acute
illnesses or conditions of any type involving large numbers of persons in the
same geographic area;
(e) severe
smallpox vaccine reaction;
(f) other
illnesses or conditions of public health significance.
(3) Infectious
diseases in animals:
(a) anthrax;
(b) plague;
(c) rabies;
(d) tularemia.
D. Routine
reporting of diseases or conditions:
(1) Infectious
diseases (report case within 24 hours to epidemiology and response division by
fax at 505-827-0013 or by phone at 505-827-0006; or contact the local health
office).
(a) arboviral
disease;
(b) brucellosis;
(c) campylobacter
infections*;
(d) chikungunya
virus disease;
(e) clostridium
difficile*;
(f) coccidioidomycosis;
(g) Colorado
tick fever;
(h) cryptosporidiosis;
(i) cysticercosis;
(j) cyclosporiasis;
(k) dengue;
(l) E.
coli 0157:H7 infections*;
(m) E.
coli, shiga-toxin producing (STEC) infections*;
(n) encephalitis,
other;
(o) giardiasis;
(p) group
A streptococcal invasive infections*;
(q) group
B streptococcal invasive infections*;
(r) Hansen’s
disease/leprosy;
(s) hantavirus
pulmonary syndrome;
(t) hemolytic
uremic syndrome;
(u) hepatitis
A, acute;
(v) hepatitis
B, acute or chronic;
(w) hepatitis
C, acute or chronic;
(x) hepatitis
E, acute;
(y) influenza-associated
pediatric death;
(z) influenza,
laboratory confirmed hospitalization only;
(aa) legionnaires’
disease;
(bb) leptospirosis;
(cc) listeriosis*;
(dd) lyme
disease;
(ee) malaria;
(ff) mumps;
(gg) necrotizing fasciitis*;
(hh) psittacosis;
(ii) q
fever;
(jj) relapsing
fever;
(kk) Rocky
Mountain spotted fever;
(ll) salmonellosis*;
(mm) shigellosis*;
(nn) St.
Louis encephalitis infections;
(oo) streptococcus
pneumoniae, invasive infections*;
(pp) tetanus;
(qq) trichinellosis;
(rr) toxic
shock syndrome;
(ss) varicella;
(tt) vibrio
infections*;
(uu) west
nile virus infections;
(vv) western
equine encephalitis infections;
(ww) yersinia
infections*.
(2) Infectious
diseases in animals (report case within 24 hours to epidemiology and response
division at 505-827-0006; or contact the local health office).
(a) arboviral,
other;
(b) brucellosis;
(c) psittacosis;
(d) west
nile virus infections.
(3) Tuberculosis*.
Report suspect or confirmed cases to NM department of health tuberculosis
program by fax at 505-827-0163 or by phone at 505-827-2471 or 505-827-2473:
active disease within 24 hours; infection within 72 hours.
(4) Sexually
transmitted diseases. Report to infectious disease bureau - STD program, NM
department of health, P.O. Box 26110, Santa Fe, NM 87502-6110, fax
505-476-3638; or call 505-476-3636.
(a) chancroid;
(b) chlamydia
trachomatis infections;
(c) gonorrhea;
(d) syphilis.
(5) HIV
(human immunodeficiency virus) and AIDS (acquired immunodeficiency syndrome).
Report to HIV and hepatitis epidemiology program, 1190 St. Francis Dr., N1350,
Santa Fe, NM 87502, fax 505-476-3544 or call 505-476-3515.
(a) all
confirmed positive HIV antibody tests (screening test plus confirmatory test);
(b) all
tests for HIV RNA or HIV cDNA (‘-viral load tests-’);
(c) all
tests to detect HIV proteins;
(d) all
positive HIV cultures;
(e) all
HIV genotype tests;
(f) all
CD4 lymphocyte tests (count and percent);
(g) opportunistic
infections, cancers and any other test or condition indicative of HIV or AIDS.
(6) Occupational
illness and injury. Report to epidemiology and response division, NM department
of health, P.O. Box 26110, Santa Fe, NM 87502-6110; or call 505-827-0006.
(a) asbestosis;
(b) coal
worker’s pneumoconiosis;
(c) hypersensitivity
pneumonitis;
(d) mesothelioma;
(e) noise
induced hearing loss;
(f) occupational
asthma;
(g) occupational
burn hospitalization;
(h) occupational
injury death;
(i) occupational
pesticide poisoning;
(j) occupational
traumatic amputation;
(k) silicosis;
(l) other
illnesses or injuries related to occupational exposure.
(7) Health
conditions related to environmental exposures and certain injuries. Report to
epidemiology and response division, NM department of health, P.O. Box 26110,
Santa Fe, NM 87502-6110; or call 505-827-0006.
(a) Environmental
exposures:
(i) all pesticide poisoning;
(ii) arsenic in urine greater than 50
micrograms/liter;
(iii) carbon
monoxide poisoning;
(iv) infant
methemoglobinemia;
(v) lead (all blood levels);
(vi) mercury in urine greater than 3
micrograms/liter or mercury in blood greater than 5 micrograms/liter;
(vii) uranium
in urine greater than 0.2 micrograms/liter or 0.2 micrograms/gram creatinine;
(viii) other suspected environmentally-induced
health conditions.
(b) Injuries:
(i) drug
overdose;
(ii) firearm
injuries;
(iii) fracture
due to fall among older adults;
(iv) traumatic
brain injuries.
(8) Adverse
vaccine reactions. Report to vaccine adverse events reporting system,
http://www.vaers.hhs.org. Send copy of report to immunization program vaccine
manager, NM department of health, P.O. Box 26110, Santa Fe, NM 87502-6110; fax
505-827-1741.
(9) Healthcare-associated
infections.
(a) Acute
care hospitals only report through NHSN and confer rights to NM department of
health.
(i) central
line-associated bloodstream infections (CLABSI) events;
(ii) clostridium
difficile infections.
(b) Report
all infections, including non-healthcare-associated, within 24 hours to
epidemiology and response division by fax at 505-827-0013 or by phone at
505-827-0006.
(i) carbapenem-resistant
enterobacteriaceae*;
(ii) carbapenem-resistant
pseudomonas aeruginosa*.
(10) Cancer.
Report to designee. Report all malignant and in situ neoplasms and all
intracranial neoplasms, regardless of the tissue of origin, using the
prevailing standards promulgated by the national cancer institute, the centers
for disease control and prevention, the North American association of central
cancer registries, and the American college of surgeons.
(11) Human
papillomavirus (HPV). Laboratories report the following tests to designee:
(a) papanicolaou
test results (all results);
(b) cervical,
vulvar and vaginal pathology results (all results);
(c) HPV
test results (all results).
(12) Birth
defects.
(a) Report
to epidemiology and response division, NM department of health, P.O. Box 26110,
Santa Fe, NM 87502-6110; or call 505-827-0006.
(b) All
birth defects diagnosed by age 4 years, including:
(i) defects
diagnosed during pregnancy;
(ii) defects
diagnosed on fetal deaths;
(iii) defects
found in chromosome testing on amniotic fluid, chorionic villus sampling and
products of conception for trisomy 13, trisomy 18 and trisomy 21.
(13) Genetic
and congenital hearing screening. Report to children’s medical services, 2040
S. Pacheco, Santa Fe, NM 87505; or call 505-476-8868.
(a) neonatal
screening for congenital hearing loss (all results);
(b) suspected
or confirmed congenital hearing loss in one or both ears;
(c) all
conditions identified through statewide newborn genetic screening;
(d) newborn
critical congenital heart defects screening (all results).
[7.4.3.13 NMAC -
Rn & A, 7.4.3.12 NMAC, 02/29/2012; A, 06/15/2016]
HISTORY OF 7.4.3 NMAC:
Pre-NMAC History: The material
in this part was derived from that previously filed with the commission of public
records - state records center and archives:
HSSD 72-3,
Regulations Governing The Reporting Of Notifiable Diseases, filed 10/4/72.
HSSD 74-16,
Regulations Governing The Reporting Of Notifiable Diseases, filed 7/30/74.
HED-79-4 (HSD), Regulations
Governing The Control Of Disease And Conditions Of Public Health Significance,
filed 12/20/79.
History of Repealed Material: 7
NMAC 4.3, Control of Disease and Conditions of Public Health Significance
(filed 10/31/96), repealed 8/15/2003.
7.4.3 NMAC,
Control of Disease and Conditions of Public Health Significance (filed July 31,
2003), repealed 04/30/2009.
Other History:
HED-79-4 (HSD),
Regulations Governing The Control Of Disease And Conditions Of Public Health
Significance (filed 12/20/79) was renumbered, reformatted, and amended into the
first version of the New Mexico Administrative code as 7 NMAC 4.3, Control of
Disease and Conditions of Public Health Significance, effective 10/31/96.
7 NMAC 4.3,
Control of Disease and Conditions of Public Health Significance, filed 10/16/96
was replaced by the second version of
the New Mexico Administrative code as 7.4.3 NMAC, Control of Disease and
Conditions of Public Health
Significance, effective 8/15/2003.
7.4.3 NMAC,
Control of Disease and Conditions of Public Health Significance (filed July 31,
2003) was replaced by 7.4.3 NMAC, Health, Disease Control (Epidemiology),
Control of Disease and Conditions of Public Health Significance, effective 04/30/2009.