Rules & Regulations
This webpage contains materials from the New Mexico Department of Health (NMDOH) rulemakings conducted after 7/1/2017. This page is updated periodically to include new materials from ongoing or concluded rulemakings of the agency. You can view notices, proposed rules, and adopted rules from this webpage.
To view the complete rulemaking record for any rule listed here for which the rulemaking has concluded, please visit the Rule Hearing Search page on the New Mexico Sunshine Portal website. Pursuant to the State Rules Act, the Sunshine Portal includes materials in addition to those listed here.
Records from rulemakings that concluded prior to 7/1/2017 are not available online, but can be obtained by submitting an Inspection of Public Records Act (IPRA) request for records. To learn more about IPRA, please visit the Inspection of Public Records Act section of our website.
Pending Rulemakings
2024
Epidemiology and Response Division
7.4.3 NMAC - Control of Disease and Conditions of Public Health Importance
- Letter to Records and Archives re 7.4.3 NMAC
- NM Records and Archives Notification of Minor, Non-Substantive Correction
- Notice of Minor, Nonsubstantive Correction
2023
Epidemiology and Response Division
Joint Hearing on 7.1.31 NMAC - Statewide Healthcare Claims Database and 7.1.19 NMAC - Violence Intervention Program Fund.
- 7.1.19 NMAC - Proposed Rule Adoption
- Notice of Rule Making Hearing
- 7.1.31 NMAC - Proposed Amendments
- 7.1.31 NMAC - Affidavit of Notice to the Public
- 7.1.31 NMAC - Affidavit of Publication
- 7.1.31 NMAC - Transmittal Form
- 7.1.19 NMAC - Transmittal Form
Public Health Division
16.11.2 NMAC - Certified Nurse - Midwives
- Notice of Public Hearing
- Proposed Replacement Rule 16.11.2 NMAC
- Proposed Replacement Rule Track Changes 16.11.2 NMAC
- Proposed Repeal Rule 16.11.2 NMAC
- Affidavit of Notice to the Public
7.5.3 NMAC - Exemption from Required Immunizations - Amendments to Sections 6, 7, 8, and 9
- Notice of Public Hearing
- Amendments to 7.5.3 Sections 6, 7, 8, and 9
- Exhibit 1-7 - Amendment - Rule 7.5.3 NMAC
- Hearing Officer Report and Recommendation
- Final Amendments & Statement of Reasons for Adoption
Division of Health Improvement
7.30.13 - Crisis Triage Centers
- Emergency Rule Adoption
- Notice of Public Hearing
- Exhibits 1-7
- Hearing Officer Report and Recommendation
- Final Adopted Amendments - 01/18/2024
7.7.3 NMAC - Transmittal Form
2022
Emergency Response Division
7.1.19 NMAC - Violence Intervention Program Fund - Emergency Rule
Epidemiology and Response Division
7.2.2 NMAC - Vital Records and Statistics
- Proposed Replacement - Rule 7.2.2 NMAC
- Proposed Repeal - Rule 7.2.2 NMAC
- Notice of Public Hearing
- Public Comment - Economic Development Division
- Public Comment - Chris Doughty
- Public Comment - Barak Wolff
- Public Hearing for Repeal and Replace of 7 2 2 NMAC 20220920 1431 1
- DOH Response to Public Comment
- Transmittal and Statement of Reasons
- Vital Records and Statistics
Public Health Division
7.4.6 NMAC - Requirements Governing the Harm Reduction/Syringe Exchange Program
- Exhibit 1 - Proposed Replacement - Rule 7.4.6 NMAC
- Exhibit 2 - Proposed Repeal of 7.4.6 NMAC
- Exhibit 3 - Notice of Public Hearing 7.4.6 NMAC
- Exhibit 4 - Affidavit of Notice to the Public 7.4.6 NMAC
- Exhibit 5 - Affidavit of Publication - ABQ Journal
- Exhibit 6 - Affidavit of Publication - SRCA
- Exhibit 7 - Appointment Letter to Hearing Officer
- Exhibit 8 - Public Comment - Economic Development Department
- Exhibit 9 - Public Comment - Paul Gonzales
- Exhibit 10 - Public Comment - Julie Rwan
- Exhibit 11 - Public Comment - Network for Public Health Law
- Exhibit 12 - Public Comment - New Mexico Hospital Association
- Exhibit 13 - Public Comment - D.O.P.E.
- Exhibit 14 - Public Comment - Health Equity Council
- Exhibit 15 - Public Comment - Ashley Charzuk
- Exhibit 16 - Public Comment - Trystiana Trujillo
- Exhibit 17 - Public Comment - Anna Horner
- Proposed Replacement - Rule 7.4.6 NMAC
- Notice of Public Hearing
- Proposed Repeal - Rule 7.4.6 NMAC
- Public Comment - Economic Development Department
- Harm Reduction Regulation Hearing-20220817_090010-Meeting Recording
- DOH Response to Comments for Proposed Rule 7.4.6 NMAC
- NMAC Proposed Rule 7.4.6 Final redline draft
- NMAC Repeal Transmittal Form - Statement of Reasons
- NMAC Replacement Rule - 7.4.6
- NMAC Transmittal Form - Statement of Reasons - Replacement
7.4.8 NMAC - Maternal Mortality and Severe Morbidity Review
- Proposed Rule 7.4.8 NMAC - Maternal Mortality and Severe Morbidity Review
- Notice of Public Hearing
- Public Comment - Economic Development Department
- Public Comment - Melissa Schiff
- Affidavit of Notice to the Public
- Public Comment - NM Hospital Association
- Exhibit 1
- Exhibit 2
- Exhibit 3
- Exhibit 4
- Exhibit 5
- Exhibit 6
- Exhibit 7
- Exhibit 8
- Exhibit 9
- Exhibit 10
- Exhibit 11
- Rulemaking Hearing on 7.4.8 NMAC Maternal Mortality and Severe Morbidity Review 20220726 1500 2
- Exh 12. August 22, 2022 Response to Comments for Proposed Rule 7.4.8 NMAC
- Exh 13. 7.4.8 Final Rule Draft with Redline Changes
- Adopted Rule 7.4.8
- Statement of Reasons for Adopted Rule 7.4.8
- Transmittal Form
2021
Emergency Medical Systems
7.27.2 NMAC-LICENSING OF EMERGENCY MEDICAL SERVICES PERSONNEL and 7.27.11 NMAC-SUPPLEMENTAL LICENSING PROVISIONS
- NMAC Notice of Public Hearing
- NMAC Amendment- 7.27.2
- NMAC Amendment- 7.27.11
- Exhibit 1
- Exhibit 2
- Exhibit 3
- Exhibit 4
- Exhibit 5
- Exhibit 6
- Exhibit 7
- Exhibit 8a
- Exhibit 8b
- EMS Rule Hearing 2021 06 07 09 01 02
- NMAC Hearing Officer's Report
- 7.27.2 NMAC
- 7.27.11 NMAC
- 7.27.2 NMAC Transmittal Form and Statement of Reasons
- 7.27.11 NMAC Transmittal Form and Statement of Reasons
Division of Health Improvement
16.11.3 NMAC- Licensed Midwives
- NMAC 16.11.3 Licensed Midwives - Proposed Replacement
- Notice of Hearing
- 16.11.3 Proposed Rule- Redlined
- NMAC Public Comment - Karen Brown 09-30-21
- NMAC Affidavit of Notice to the Public 16.11.3
- NMAC Affidavit of Publication - ABQ Journal 16.11.3
- NMAC Affidavit of Publication - NM Register 16.11.3
- NMAC Public Comments - Jennie West 16.11.3
- NMAC Public Comments - Karen Brown 16.11.3
- NMAC 16.11.3 - Transmittal Form and Statement of Reasons - Repeal
- NMAC 16.11.3 - Transmittal Form and Statement of Reasons - New Rule
Long Term Care Dementia Training - 7.1.32 NMAC
- Notice of Minor, Nonsubstantive Correction 7.1.32
- Notice of Public Hearing 7.1.32
- 7.1.32 NMAC Proposed Rule Long Term Care Facility Dementia Training
- Public Comments - Linda Siegle 12-09-2021
- Public Comments - Vincente Vargas 12-09-2021
- Public rule hearing Long term care facility dementia training 20211210
- Public Comments - Linda Serrato 12-10-2021
- Public Comments - Vicente Vargas 12-10-2021
- NMAC 7.1.32 - Transmittal Form and Statement of Reasons - New Rule
Medical Cannabis Program
NMAC 7.34.2.7, 7.34.3, 7.34.4.28
- NMAC Notice of Public Hearing
- NMAC Proposed Rule 7.34.2.7
- NMAC Proposed Rule 7.34.3
- NMAC Proposed Rule 7.34.4.28
- NMAC Affidavit of Notice to the Public 7.34.2.7, 7.34.3, 7.34.4.28
- NMAC Affidavit of Notice to the Public - NM Register 7.34.2.7, 7.34.3, 7.34.4.28
- Exhibit 1
- Exhibit 2
- Exhibit 3
- Exhibit 4
- Exhibit 5
- Exhibit 6
- Exhibit 7
- Exhibit 8
- Exhibit 9
- Exhibit 10
- NMAC Public Comments - Caffre Rodriguez & Safa
- NMAC Letter to CE Regarding Public Comments
- NMAC Report of Hearing Officer 01-18-2022
- NMAC Amended Rule 7.34.2
- NMAC Amended Rule 7.34.3
- NMAC Amended Rule 7.34.4
2020
Certified Nurse-Midwives - 16.11.2
- NMAC Summary of Purpose for Repeal and Replacement
- NMAC Notice of Public Hearing 16.11.2
- NMAC Proposed Rule 16.11.2
- NMAC Proposed Rule 16.11.2- Redlined for Comparison
- NMAC Public Comments - Chris Mechels 9-18-20
- NMAC Public Comment - Julie Gorwoda 09-27-20
- NMAC Public Comments - Chris Mechels 10-05-20
- NMAC Public Comments - Shondra Roeuny 10-26-20
- NMAC Public Comments - Marshall Martinez 10-26-20
- Audio of Rule Hearing Meeting for October 26th, 2020
- NMAC Proposed Rule 16.11.2 -11/05/2020
- NMAC Proposed Rule 16.11.2- Redlined for Comparison - 11/05/2020
- NMAC Revisions based on Public Comment
- NMAC Replacement Rule
- NMAC Transmittal Form and Statement of Reasons- Replacement Rule
- NMAC Transmittal Form and Statement of Reasons- Repeal
Division of Health Improvement
7.8.2 NMAC - Assisted Living Facilities for Adults
Emergency Rule
Rule Hearing for Proposed Rule
- NMAC 7.8.2 ALF Rule Hearing
- NMAC 7.8.2 - Notice of Public Hearing
- Proposed Amendment - 7.8.2
- 7.8.2 Comparison
- NMAC Public Comments - Chris Mechels 8-25-20
- NMAC Public Comments - Chris Mechels 8-26-20
- NMAC Public Comments - Chris Mechels 09-21-20
- NMAC Public Comment - Chris Mechels 09-25-20
- NMAC Letter to Hearing Officer Re: Safety Requirements
- NMAC Amended Rule
- NMAC Transmittal Form and Justification Letter
7.28.2 NMAC - Requirements for Home Health Agencies
Proposed Rule
- NMAC Notice of Public Hearing 7.28.2
- NMAC Proposed Rule 7.28.2
- 7.28.2 Proposed Rule-Redlined for Comparison
- NMAC Public Comments - Chris Mechels
- NMAC Public Comments - Chris Mechels
- NMAC Public Comments - Chris Mechels
- NMAC Public Comments - AANP Frank Harrington
- NMAC Public Comments - Chris Mechels
- NMAC Public Comments - Linda Siegle
- NMAC Public Comments - Chris Mechels
- NMAC Public Comments -Disability Rights New Mexico
- Response to Hearing Officer's Request for Additional Explaination for NMDOH amendment to 7.28.2
- NMAC Letter to Hearing Officer- Response to Public Comments
- NMAC 7.28.2
- NMAC 7.28.2 Transmittal and Statement of Reasons New Rule
- NMAC 7.28.2 Transmittal and Statement of Reasons Repeal
Office of the Secretary
7.1.30 - Administrative Hearings for Civil Monetary Penalties Issued Pursuant to PHERA
Emergency Rule
- Emergency Rule 7.1.30 - Administrative Hearings for Civil Monetary Penalties Issued Pursuant to PHERA
- NMAC Transmittal Form and Justification Letter
Proposed Rule
- Notice of Public Hearing
- Proposed Rule 7.1.30 NMAC – Revised
- Affidavit of Publication ( Hearing 2020-06-23)
- Affidavit of Publication ( Hearing 2020-06-23)
- NMAC Public Comments - Amy Dunlap
- NMAC Public Comments - Chris Mechels
- NMAC Public Comments - Chris Mechels
- NMAC Public Comments - Chris Mechels
- NMAC Public Comments - Chris Mechels
- NMAC Public Comments - Jeanne Tatum
- NMAC Public Comments - Chris Mechels
- NMAC Public Comments - Chris Mechels
- NMAC Public Comments - Dana Dunlap
- NMAC Public Comments - Zach Cook
- NMAC Public Comments - Chris Mechels
- Exhibit 1
- Exhibit 2
- Exhibit 3
- Exhibit 4
- Exhibit 5
- Exhibit 6
- Exhibit 7
- Exhibit 8
- Exhibit 9
- Letter to Hearing Officer (7-29-20)
- Email from Hearing Officer – Will Accept Public Responses Until 8-4-20
- Video of Rule Hearing Meeting for July 23rd, 2020 - Part 1
- Video of Rule Hearing Meeting for July 23rd, 2020 - Part 2
- NMAC Public Comments - Chris Mechels
- NMAC Public Comments - Amy Dunlap
- NMAC Public Comments - Dana Dunlap
- Report of Hearing Officer (8-20-20)
- NMAC Transmittal Form and Justification Letter
- NMAC 7.1.30 Final Rule
- Notice of Nonsubstantive Corrections
Emergency Medical Systems
7.27.11.12 NMAC , "COVID-19 Public Health Emergency; Approved Deviations from EMS Rules.
Medical Cannabis Program
7.34.4.28 - Reciprocity - Emergency Amendment
- 7.34.4 - Billing Information Sheet Approved
- 7.34.4 - Amendment Approved
- Purchase Order
- Affidavit of Notice to the Public (2020-10-08)
- NMAC Transmittal Form and Justification Letter
7.34.4.28 - Reciprocity - Rule Hearing
- NMAC Amendment
- NMAC Notice of Hearing
- NMAC Summary of MCP Rule Amendments
- NMAC Letter of Appointment of Hearing Officer
- Affidavit of Notice to the Public (2020-10-27)
- NMAC Public Comments - Johanna Nelson
- Exhibit 1
- Exhibit 2
- Exhibit 3
- Exhibit 4
- Exhibit 5
- Exhibit 6
- Exhibit 7
- Exhibit 8
- Exhibit 10
- 7.34.4.28 Medical Cannabis Rule Hearing 12/04/2020
- NMAC Public Comments for 7.34.4.28
- NMAC Letter to CTE in Response to Public Comments 7.34.4.28 + MCAB 01-12-2021
- HRG Report and Letter
- NMAC Ameded Rule 7.34.4.28
- NMAC Transmittal Form and Statement of Reasons for Amended Rule 7.34.4.28
2019
Medical Cannabis Program — NMAC 7.34.4, 7.34.2.7, 7.34.3.7
- NMAC Proposed Repeal and Amendments - 2019 - MCP - Public Notice
- Letter Appointing Hearing Officer
- Proposed Amendment 7.34.2.7
- Proposed Amendment 7.34.3.7
- Proposed Repeal and Replacement 7.34.4
- 7.34.2.7 Comparison
- 7.34.3.7 Comparison
- 7.34.4 Comparison
- Summary of Rule Changes
- 7.34.4 Comparison Revised
- 7.34.4 Revised
- Affidavit of Notice to the Public (Hearing 2019-11-22)
- Affidavit of Publication ( Hearing 2019-11-22)
- Notice of Hearing (2019-11-22)
- Notice of Non Display (2019-11-22)
- Sign-In Sheet (Hearing 2019-11-22)
- Notice of 2nd Public Hearing (2020-01-16)
- Proposed Amendment 7.34.2.7 2nd Public Hearing (2020-01-16)
- Proposed Amendment 7.34.3.7 2nd Public Hearing (2020-01-16)
- Proposed Repeal and Replacement 7.34.4 2nd Public Hearing (2020-01-16)
- 7.34.2.7 NMAC Comparison 2nd Public Hearing (2020-01-16)
- 7.34.3.7 NMAC Comparison 2nd Public Hearing (2020-01-16)
- 7.34.4 NMAC Comparison 2nd Public Hearing (2020-01-16)
- 7.34.4 Comparison Revised 2nd Hearing (2020-01-16)
- 7.34.4 Revised 2nd Hearing (2020-01-16)
- Summary of Rule Changes (2020-01-16)
- Affidavit of Notice to the Public (Hearing 2020-01-16)
- Affidavit of Publication (Hearing 2020-01-16)
- Sign-In Sheet (Hearing 2020-01-16)
- Public Comments (2020-01-21)
- Reciprocity Rule Adoption (2020-02-13)
- Lettter to Craig Erickson (2020-02-18)
- Report and Recommendation ( Hearing 2020-02-21)
- Statement of Reasons for Adoption (2020-06-10)
- 7.34.2 Amendment Adoption (2020-06-11)
- 7.34.3 Amendment Adoption (2020-06-11)
- 7.34.4 Repeal Adoption (2020-06-11)
- 7.34.4 Replacement Adoption (2020-06-11)
Medical Cannabis Program — NMAC 7.34.4.14
Epidemiology & Response Division — NMAC 7.30.5
Epidemiology & Response Division — NMAC 7.30.14
2018
Certified Nurse Midwives — NMAC 16.11.2
- NMAC Rule Repeal - 2018 - MWP - Public Notice
- Proposed 16.11.2
- Adopted 16.11.2 (Effective 06/25/2019)
Statewide Immunization Registry — NMAC 7.5.5
Crisis Triage Centers — NMAC 7.30.13
Comprehensive Behavioral Health Standards — NMAC 7.20.2
Concluded Rulemakings
2021
Epidemiology and Response Division
7.1.31. NMAC - Statewide Healthcare Claims Database
- NMAC Public Comment- Think NM
- NMAC Letter of Public Hearing
- NMAC Letter of Appointment of Hearing Officer
- NMAC Public Comment - United Healthcare
- Exh 1 - 7.1.31 NMAC - Proposed Rule
- Exh 2 - Appendix to Proposed Rule - APCD-CDL-Version 1.1 with Errata - Feb 2020
- Exh 3 - Notice of Public Hearing
- Exh 4 - Affidavit of Publication - ABQ Journal
- Exh 5 - Affidavit of Publication - NM Register
- Exh 6 - Declaration of Notice to the Public
- Exh 7 - Letter of Appointment of Hearing Officer
- Exh 8 - Written Public Comments
- NMAC Public Comment - BCBSNM
- Exh 9 - Letter to Craig Erickson- Response
- Exh 10 - 7.1.31 with Integrated Comments
- NMAC New Rule - 7.1.31
- NMAC Transmittal and Statement of Reasons - 7.1.31
2020
Division of Health Improvement
7.8.4 NMAC-General Requirements for Boarding Homes
- Proposed Rule 7.8.4 NMAC- General Requirements for Boarding Homes
- DOH Notice of Public Hearing
- Notice of Supplemental Internet Public Hearing Access
- Second Notice of Supplemental Public Hearing Access
- Affidavit of Supplemental Notice to the Public
- Public Comments from Shela Silverman
- Public Comments from Ombudsman
- Public Comments from Elizabeth Montoya Typed
- Public Comments from Elizabeth Montoya Handwritten
- Public Comments from DRNM
- Public Comments from ALTSD
- Audio of Rule Hearing Meeting for March 24th, 2020
- Video of Rule Hearing Meeting for March 24th, 2020
- Adopted Rule 7.8.4 NMAC - General Requirements for Boarding Homes
Public Health Division
7.9.2 NMAC - Requirements for Long Term Care Facilities
7.9.2 NMAC - Emergency Rule - Requirements for Long Term Care Facilities
2019
Division of Health Improvement NMAC 7.8.4
Epidemiology & Response Division — NMAC 7.2.2
- NMAC Rule Change - 2019 - ERD - Public Notice (7.2.2)
- NCTE Supporting Comments
- TGRCNM Supporting Comments
- Hearing Officer Appointment
- Proposed 7.2.2 Final Draft
- Proposed 7.2.2 Strikethrough Reference
- Proposed 7.2.2 Repeal and Replace Document
- Affidavit of Notice
- Affidavit of Publication
- Adopted Replacement
- Adopted Repeal
- Hearing Officer’s Report
- Proposed 7.2.2 NMAC
- Proposed 7.2.2 NMAC Redlined
- Proposed 7.2.2 Repeal Text
- NMAC 7.2.2 Official Recording
- EQNM Supporting Comments
- NCFTE Supporting Comments
- TGRCN Supporting Comments
- NMDOH Posting of Notice
- Hearing Officer Letter
- NM Register Notice
- Rulemaking Hearing Notice
- Hearing Sign in sheet
- Sunshine Portal Notice
Medical Cannabis Program — NMAC 7.34.x
- NMAC Rule Change - 2019 - MCP - Public Notice
- Notice of Minor Nonsubstantive Corrections
- Adopted 7.34.2 Amendments — (Effective 08/27/2019)
- Adopted 7.34.3 Amendments — (Effective 08/27/2019)
- Adopted 7.34.4 Amendments — (Effective 08/27/2019)
- Hearing Officer's Report
- Response to Hearing Officer
- Correspondence from Hearing Officer
- Proposed 7.34.2
- Proposed 7.34.3
- Proposed 7.34.4
- Summary of Proposed Amendments
- Cannabis Patients Survey Report
- Cannabis Producers Survey Report
- Freedman & Koski Report
- O’Donnell Report
- R. Greenleaf Report
- Order of 11/1/18 in case no. D-101-CV-2016-01971
- Materials from 3/1/19 Emergency Amendment to 7.34.4.8 NMAC
- Letter Appointing Hearing Officer
- Affidavit of Notice
- Notices in NM Register and Abq Journal
- Public Comments
Medical Cannabis Program — NMAC 7.34.4.8
2017
Health Information System Public Access Website — NMAC 7.1.29
- NMAC Rule Change - 2017 - HIS - Public Notice
- Proposed 7.1.29
- Transmittal Forms
- Hearing Officer Report
- Statement of Reasons
- Adopted 7.1.29 (Effective 12/26/2017)
Emergency Medical Systems — NMAC 7.27.x
- NMAC Rule Change - 2017 - EMS - Public Notice
- Proposed 7.27.2
- Proposed 7.27.6
- Proposed 7.27.8
- Proposed 7.27.11
- Proposed 7.27.13
- Transmittal Forms
- Hearing Officer Report
- Statement of Reasons
- Adopted 7.27.2 (Effective 12/12/2017)
- Adopted 7.27.6 (Effective 12/12/2017)
- Adopted 7.27.8 (Effective 12/12/2017)
- Adopted 7.27.11 (Effective 12/12/2017)
- Adopted 7.27.13 (Effective 12/12/2017)