New Mexico § 24-1-20 - Records confidential

§ 24-1-20. Records confidential

A. The files and records of the department giving identifying information about individuals

who have received or are receiving from the department treatment, diagnostic services

or preventive care for diseases, disabilities or physical injuries, are confidential

and are not open to inspection except where permitted by rule of the department, as

provided in Subsection C of this section and to the secretary of health and environment

[secretary of health] or to an employee of the health and environment department [department

of health] authorized by the secretary to obtain such information, but the information

shall only be revealed for use in connection with a governmental function of the secretary

or the authorized employee. Both the secretary and the employees are subject to the penalty contained in Subsection

F of this section if they release or use the information in violation of this section. B. All information voluntarily provided to the director or his agent in connection

with studies designated by him as medical research and approved by the secretary of

health and environment [secretary of health], either conducted by or under the authority

of the director for the purpose of reducing the morbidity or mortality from any cause

or condition of health, is confidential and shall be used only for the purposes of

medical research. The information shall not be admissible as evidence in any action of any kind in

any court or before any administrative proceeding or other action. C. The human services [health care authority] department and the office of the state

long-term care ombudsman shall have prompt access to all files and records in the

possession of the licensing and certification bureau of the department that are related

to any health facility investigation. Officers and employees of those agencies with such access are subject to the penalty

in Subsection F of this section if they release or use the information in violation

of this section. D. The files and records of the department are subject to subpoena for use in any

pending cause in any administrative proceeding or in any of the courts of the state,

unless otherwise provided by law. E. No person supplying information to the department for use in a research project

or any cooperating person in a research project shall be subject to any action for

damages or other relief as a result of that activity. F. Any person who discloses confidential information in violation of this section

is guilty of a petty misdemeanor.