0001|                               AN ACT
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0002| RELATING TO HEALTH; CHANGING REPORTING REQUIREMENTS IN CERTAIN
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0003| CIRCUMSTANCES.
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0004| 
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0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0006|      Section 1.  Section 24-2B-6 NMSA 1978 (being Laws 1989, Chapter
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0007| 227, Section 6) is amended to read:
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0008|      "24-2B-6.  CONFIDENTIALITY.--No person or the person's agents or
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0009| employees who require or administer the test shall disclose the
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0010| identity of any person upon whom a test is performed or the result of
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0011| such a test in a manner which permits identification of the subject of
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0012| the test, except to the following persons:
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0013|           A.  the subject of the test or the subject's legally
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0014| authorized representative, guardian or legal custodian;
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0015|           B.  any person designated in a legally effective release of
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0016| the test results executed prior to or after the test by the subject of
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0017| the test or the subject's legally authorized representative;
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0018|           C.  an authorized agent, a credentialed or privileged
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0019| physician or employee of a health facility or health care provider if
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0020| the health care facility or health care provider itself is authorized
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0021| to obtain the test results, the agent or employee provides patient
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0022| care or handles or processes specimens of body fluids or tissues and
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0023| the agent or employee has a need to know such information;
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0024|           D.  the department of health in accordance with reporting
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0025| requirements established by regulation;
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0001|           E.  a health facility or health care provider which
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0002| procures, processes, distributes or uses:
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0003|                (1)  a human body part from a deceased person, with
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0004| respect to medical information regarding that person;
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0005|                (2)  semen provided prior to the effective date of the
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0006| Human Immunodeficiency Virus Test Act for the purpose of artificial
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0007| insemination;
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0008|                (3)  blood or blood products for transfusion or
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0009| injection; or
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0010|                (4)  human body parts for transplant with respect to
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0011| medical information regarding the donor or recipient;
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0012|           F.  health facility staff committees or accreditation or
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0013| oversight review organizations which are conducting program
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0014| monitoring, program evaluation or service reviews, so long as any
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0015| identity remains confidential; 
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0016|           G.  authorized medical or epidemiological researchers who
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0017| may not further disclose any identifying characteristics or
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0018| information; and
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0019|           H.  for purposes of application or reapplication for
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0020| insurance coverage, an insurer or reinsurer upon whose request the
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0021| test was performed."                               
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