HOUSE BILL 585

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Karen C. Bash and William B. Pratt and Daymon Ely

AN ACT

RELATING TO MEDICAL INVESTIGATIONS; REQUIRING ACCESS TO HEALTH RECORDS DURING AN INVESTIGATION; PROVIDING FOR CONFIDENTIALITY OF HEALTH INFORMATION EXCEPT AS NEEDED TO COMPLETE AN INVESTIGATING REPORT OR DEATH CERTIFICATE; CLARIFYING THE EXTENT OF SUBPOENA POWER OF A STATE, DISTRICT OR DEPUTY MEDICAL INVESTIGATOR DURING AN INVESTIGATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 24-11-9 NMSA 1978 (being Laws 1961, Chapter 91, Section 6, as amended) is amended to read:

     "24-11-9. ACCESS TO HEALTH RECORDS REQUIRED--SUBPOENA--OATH.--[The]

          A. A person in possession of electronic or physical copies of medical or mental health records, radiologic images or other medical studies relevant to an investigation being performed pursuant to Chapter 24, Article 11 NMSA 1978 shall allow access to those records in the format in which they are maintained to a state, district or deputy medical investigator who is performing an investigation pursuant to Chapter 24, Article 11 NMSA 1978.

          B. A state, district or deputy medical investigator shall keep confidential the information collected pursuant to Subsection A of this section, except as needed to complete reports and death certificates issued pursuant to Chapter 24, Article 11 NMSA 1978.

          C. When conducting an investigation pursuant to Chapter 24, Article 11 NMSA 1978, a state, district or deputy medical investigator may:

                (1) administer oaths and [may] issue [a subpoena] subpoenas to compel [the] attendance of any witness; [and]

                (2) issue subpoenas duces tecum to require a witness to produce any books, records, documents, files or other things under the control of the person served; and

                (3) issue subpoenas for the production of [evidence by any necessary witness, and the subpoena may be enforced in the district court. Any subpoena] confidential medical records, mental health records, drug and alcohol abuse records and other relevant information from health care providers, including physicians, hospitals, nursing homes, rehabilitation facilities and residential care facilities.

          D. A subpoena shall assert with reasonable certainty:

                (1) the nature of the information required;

                (2) the time and place the information is to be produced;

                (3) whether the subpoena requires the attendance of the person subpoenaed or only the production of documents or other tangible objects; and

                (4) the consequences of failure to obey the subpoena.

          E. A subpoena shall be served:

                (1) at least three days prior to the required appearance or production;

                (2) by personal service upon the person to be subpoenaed or by certified mail addressed to the person at the person's last known address. If a subpoena is served by certified mail, proof of service shall be deemed an affidavit of mailing; and

                (3) without cost, if served by [the sheriff or any deputy or by any member of the New Mexico state police] local or state law enforcement authorities.

          F. After proper service of a subpoena, if the person served neglects or refuses to comply with the subpoena, a state, district or deputy medical investigator may apply to a district court of competent jurisdiction for an order to compel compliance. Failure of the person to comply with the district court's order shall be punishable by the court under its powers of contempt."

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