SENATE BILL 262
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Cisco McSorley
AN ACT
RELATING TO MEDICAL RECORDS; REQUIRING A LAW ENFORCEMENT AGENCY SEEKING A PATIENT'S MEDICAL RECORDS TO SECURE A SUBPOENA; PROVIDING FOR NOTICE TO THE PATIENT OR THE PATIENT'S LEGAL REPRESENTATIVE; AMENDING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 14-6-1 NMSA 1978 (being Laws 1971, Chapter 137, Section 1, as amended) is amended to read:
"14-6-1. HEALTH INFORMATION--CONFIDENTIALITY--IMMUNITY FROM LIABILITY FOR FURNISHING.--
A. All health information that relates to and identifies specific individuals as patients is strictly confidential and shall not be a matter of public record or accessible to the public even though the information is in the custody of or contained in the records of a governmental agency or its agent, a state educational institution, a duly organized state or county association of licensed physicians or dentists, a licensed health facility or staff committees of such facilities.
B. A custodian of information classified as confidential in Subsection A of this section may furnish the information upon request to a governmental agency or its agent, a state educational institution, a duly organized state or county association of licensed physicians or dentists, a licensed health facility or staff committees of such facilities, and the custodian furnishing the information shall not be liable for damages to any person for having furnished the information. In a criminal action, a patient's medical records may be provided to a law enforcement agency only upon the issuance of a subpoena by a court of competent jurisdiction and the provision of proper notice by the law enforcement agency seeking the patient's medical records to the patient or the patient's legal representative.
C. Statistical studies and research reports based upon confidential information may be published or furnished to the public, but these studies and reports shall not in any way identify individual patients directly or indirectly [nor] or in any way violate the privileged or confidential nature of the relationship and communications between practitioner and patient.
D. This section does not affect the status of original medical records of individual patients, and the rules of confidentiality and accessibility applicable to these records continue in force. This section does not affect the status of vital statistical records of the department of health [and environment department]."
Section 2. Section 24-1-20 NMSA 1978 (being Laws 1973, Chapter 359, Section 20, as amended) is amended to read:
"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:
(1) where permitted by rule of the department;
(2) as provided in Subsection [C] D of this section; and
(3) to the secretary [of health and environment] or to an employee of the [health and environment] department 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.
B. Both the secretary and the employees are subject to the penalty contained in Subsection [F] G of this section if they release or use the information in violation of this section.
[B.] C. 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], 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.] D. The human services 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 of health 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] G of this section if they release or use the information in violation of this section.
[D.] E. 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. In a criminal action, a patient's medical records may be provided to a law enforcement agency only upon the issuance of a subpoena by a court of competent jurisdiction and the provision of proper notice by the law enforcement agency seeking the patient's medical records to the patient or the patient's legal representative.
[E.] F. 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.] G. Any person who discloses confidential information in violation of this section is guilty of a petty misdemeanor."
Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.
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