Background

Following years of discussion and planning the NM Statewide Immunization System (SIIS) is about to become a reality. (For more information on the importance and contribution of Immunization Registries, link here.)

Many public and private partners have been convened, decisions have been made, funds have been identified, and staff is being hired. Based upon the experience in many other states, it was agreed that a project of this scope and magnitude should have a clear foundation in state law to identify and charge the responsible agencies, authorize the adoption of regulations, ensure protections for both participants and non-participants, and provide for confidentiality and liability.

Governor Bill Richardson began the 2004 "Short" Session of the New Mexico legislature referencing the importance of childhood immunizations in his State of the State Address. This was followed by a special message from the Governor that prioritized the passage of the Immunization Act and placed it on his "call". Senator Linda Lopez and Representative Gail Beam introduced identical bills into their respective chambers, and the challenge of passing a bill in the 30-day session was officially underway. Each bill was scheduled for an initial hearing in the their respective standing committees-the Senate Public Affairs Committee and the House Consumer and Public Affairs Committee.

• The Department of Health (DOH), in conjunction with the Human Services Department will develop and administer an electronic database containing client immunization information (NM-SIIS) in order to aid medical personnel in providing timely immunization to all New Mexicans.
• The NM DOH is authorized to adopt rules that will govern the implementation and operation of the SIIS.
• Medical care provider participation in NM-SIIS is encouraged, but not mandated. The NMDOH will develop an outreach and training program to ensure providers are able to utilize and benefit from the NM-SIIS, when the time is right. Following successful pilot testing, a reasonable phase-in schedule for provider participation will be developed.
• Access to NM-SIIS will be restricted to medical care providers, managed care organizations, school nurses, and state public health personnel as determined by the Secretary of Health.
• Inclusion of client immunization information in the registry will be voluntary, but consent is implied, so that citizens not wishing to participate will have to 'opt out'. Thirty-seven of 50 states have chosen the 'opt out' approach as a way of facilitating rapid and timely inclusion of immunization information into the database.
• The bill also provides civil liability protection for users of the registry.

Support for the Immunization Act was broad-based, visible, and well mobilized. In the initial hearings, First Lady Barbara Richardson and DOH Secretary, Pat Montoya presented on behalf of the bill. The audience was full of supporters from the NM Immunization Coalition, the Medical Society, the Rotary Club, school nurses, public health associations, and others. There was no noticeable opposition to the Immunization Act. There were questions and discussions, and amendments were adopted to have participation in the Registry be voluntary rather than mandatory by providers, to broaden the liability protections, and to specifically authorize managed care organizations to have access to the data on their enrollees.

These amendments meant that the bills each had to be reviewed in each chamber and ultimately the Immunization Act was voted on several times in each house. In all the committees and full votes of the Senate and House, there was not a single negative vote cast.

On March3, 2004 Governor Bill Richardson, with the First Lady by his side, and surrounded by supporters, signed the Immunization Act into law.

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