HB0466

HOUSE BILL 466

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Rod Montoya and Rebecca Dow and Harlan Vincent and Mark Duncan and Andrea Reeb

AN ACT

RELATING TO CHILDREN; ENACTING THE HORMONE THERAPY AND PUBERTY BLOCKER CHILD PROTECTION ACT; PROHIBITING CERTAIN MEDICAL PROCEDURES FOR MINORS; PROHIBITING KNOWINGLY DISTRIBUTING HORMONES OR PUBERTY BLOCKERS TO MINORS; REQUIRING PARENTAL NOTIFICATION BY A HEALTH CARE PROVIDER OR A PUBLIC BODY IF A MINOR TAKES GENDER-AFFIRMING ACTION; PROVIDING ENFORCEMENT AND PENALTIES; PROVIDING A PRIVATE RIGHT OF ACTION; AMENDING THE REPRODUCTIVE AND GENDER-AFFIRMING HEALTH CARE FREEDOM ACT; REQUIRING PARENTAL NOTICE AND CONSENT FOR MINORS; ADDING DEFINITIONS; REQUIRING PARENTAL NOTIFICATIONS; PROVIDING THAT A PARENT OF A MINOR MAY BRING A CLAIM UNDER THAT ACT AGAINST A PUBLIC BODY OR AN INDIVIDUAL; INCLUDING PARENTS AMONG THOSE WITH A PRIVATE RIGHT OF ACTION UNDER THAT ACT; PROVIDING PENALTIES FOR VIOLATION OF THAT ACT BY A LICENSED HEALTH CARE PROVIDER; AMENDING THE REPRODUCTIVE AND GENDER-AFFIRMING HEALTH CARE PROTECTION ACT; PROHIBITING THAT ACT'S APPLICABILITY TO MINORS EXCEPT FOR REQUIRED PARENTAL NOTIFICATIONS AND CERTAIN REPRODUCTIVE HEALTH CARE ACTIVITIES WITH PARENTAL CONSENT.

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

SECTION 1. A new section of Chapter 24 NMSA 1978 is enacted to read:

"[NEW MATERIAL] SHORT TITLE.--Sections 1 through 8 of this act may be cited as the "Hormone Therapy and Puberty Blocker Child Protection Act"."

SECTION 2. A new section of Chapter 24 NMSA 1978 is enacted to read:

"[NEW MATERIAL] DEFINITIONS.--As used in the Hormone Therapy and Puberty Blocker Child Protection Act:

A. "congenital defect" means a physical or chemical abnormality present in a minor that is inconsistent with the normal development of a human being of the minor's sex, including abnormalities caused by a medically verifiable disorder of sex development, but does not include gender dysphoria, gender identity disorder, gender incongruence or any mental condition, disorder, disability or abnormality;

B. "gender-affirming action" means an act by a minor that is intended to change that minor's sex or change how others perceive the minor's sex, including the minor:

(1) using pronouns inconsistent with the minor's sex;

(2) changing the minor's name or asking to be called by a name other than the minor's given name that, based on generally accepted norms, is inconsistent with that minor's sex; or

(3) requesting counseling, mental health or medical services or the use of medical equipment in order to support the minor's gender identity or desire to live or present as a different sex;

C. "health care provider" means an individual or entity licensed in this state to administer or provide health care services;

D. "hormone" means an androgen or estrogen;

E. "medical procedure" means conduct including:

(1) surgically removing, modifying, altering or entering into an individual's body tissue, cavities or organs; or

(2) prescribing, administering or dispensing any puberty blocker or hormone to an individual;

F. "minor" means an individual who is younger than eighteen years of age but does not include an emancipated minor;

G. "parent" means a biological, legal or adoptive parent of a minor or the minor's legal guardian;

H. "parental notification" means a written document notifying a parent of a matter concerning that parent's minor as required pursuant to the Hormone Therapy and Puberty Blocker Child Protection Act prepared by a health care provider or a public body and sent:

(1) in a manner that requires a signature acknowledging receipt of the document; and

(2) to at least one parent of the minor;

I. "precocious puberty" means when a child's sexual development begins before the typical age;

J. "puberty blocker" means a drug or device that, when administered to a minor, suppresses the production of hormones in the minor's body in order to stop, delay or suppress pubertal development;

K. "public body" means a state or local government, an advisory board, a commission, an agency or an entity created by the constitution of New Mexico or a branch of government, including a health care provider or entity acting on behalf of or within the scope of the authority of a public body, that receives public funding and includes political subdivisions, special tax districts, school districts and institutions of higher education; and

L. "sex" means an individual's immutable characteristics of the human reproductive system that define the individual as male or female, as determined by anatomy and genetics existing in that individual at the time of birth."

SECTION 3. A new section of Chapter 24 NMSA 1978 is enacted to read:

"[NEW MATERIAL] PROHIBITED CONDUCT--MEDICAL PROCEDURES CONDUCTED ON MINORS.--

A. Except as provided in Subsection B or C of this section, a health care provider or a public body shall not knowingly perform or offer to perform on a minor, or administer or offer to administer to a minor, a medical procedure if the purpose of the performance or administration of the medical procedure is to:

(1) enable the minor to identify with, or live or present as, a purported identity inconsistent with that minor's sex; or

(2) treat the minor's purported discomfort or distress from a discordance between the minor's sex and the minor's asserted or perceived identity.

B. It is not a violation of Subsection A of this section if the performance or administration of the medical procedure on the minor is to treat the minor's congenital defect, precocious puberty, disease or physical injury.

C. It is not a violation of Subsection A of this section if the performance or administration of the medical procedure on the minor began prior to the effective date of the Hormone Therapy and Puberty Blocker Child Protection Act and the performance or administration of the medical procedure concludes on or before December 31, 2025; provided, however, that:

(1) the health care provider or public body treating the minor shall provide written certification that, in the health care provider's medical judgment or the medical judgment of the public body and based upon the facts known to the health care provider or the public body at the time, ending the medical procedure would be harmful to the minor. The certification shall include the findings supporting the certification and shall be included in the minor's medical record; and

(2) the health care provider or public body shall not perform or administer a subsequent medical procedure that is different from the medical procedure performed prior to the effective date of the Hormone Therapy and Puberty Blocker Child Protection Act if the sole purpose of the subsequent medical procedure is to:

(a) enable the minor to identify with, or live or present as, a purported identity inconsistent with the minor's sex; or

(b) treat purported discomfort or distress from a discordance between the minor's sex and the minor's asserted or perceived identity.

D. For purposes of this section, "disease" does not include gender dysphoria, gender identity disorder, gender incongruence or any mental condition, disorder, disability or abnormality.

E. It is not a defense to legal liability incurred as a result of a violation of this section that the minor or a parent of the minor consented to the medical procedure that constitutes the violation.

F. This section supersedes any common law rule regarding a minor's ability to consent to a medical procedure that is performed or administered for the purpose of:

(1) enabling the minor to identify with, or present or live as, a purported identity inconsistent with the minor's sex; or

(2) treating purported discomfort or distress from a discordance between the minor's sex and the minor's perceived or asserted identity.

G. A minor upon whom a medical procedure pursuant to Subsection A of this section is performed or administered shall not be liable for violating the Hormone Therapy and Puberty Blocker Child Protection Act.

H. Nothing in the Hormone Therapy and Puberty Blocker Child Protection Act prohibits or restricts the licensed practice of psychology, psychiatry, counseling or social work in this state."

SECTION 4. A new section of Chapter 24 NMSA 1978 is enacted to read:

"[NEW MATERIAL] PROHIBITION--DISTRIBUTION OF HORMONES OR PUBERTY BLOCKERS TO A MINOR.--An individual, a health care provider or a public body shall not knowingly provide a hormone or a puberty blocker to a minor if the provision of the hormone or puberty blocker is not lawfully permitted pursuant to the Hormone Therapy and Puberty Blocker Child Protection Act."

SECTION 5. A new section of Chapter 24 NMSA 1978 is

enacted to read:

"[NEW MATERIAL] GENDER-AFFIRMING ACTION BY MINOR--HEALTH CARE PROVIDER OR PUBLIC BODY--PARENTAL NOTIFICATION REQUIREMENT.--A health care provider or public body shall provide parental notification to at least one parent of a minor no later than seven calendar days after the health care provider or public body observes or has reasonable cause to believe that the parent's minor has taken a gender-affirming action while in the presence of the health care provider or while on the premises of the public body or while interacting with individuals employed by or representing the health care provider or public body."

SECTION 6. A new section of Chapter 24 NMSA 1978 is enacted to read:

"[NEW MATERIAL] PRIVATE RIGHT OF ACTION.--

A. Except as provided in Subsection B of this section, a minor or the parent of a minor injured as a result of a violation of the Hormone Therapy and Puberty Blocker Child Protection Act may bring a civil cause of action for appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory or punitive damages and reasonable attorney fees, court costs and expenses, against the health care provider or other person alleged to have violated that act; provided, however, the parent of a minor injured as a result of a violation of that act may not bring a civil cause of action against a health care provider or another person if the parent consented on behalf of the minor to the action that constitutes the violation.

B. The parent or next of kin of a deceased minor may bring a wrongful death action against a health care provider, an individual or a public body alleged to have violated the Hormone Therapy and Puberty Blocker Child Protection Act if:

(1) the minor's death is the result of the physical or emotional harm inflicted upon the minor as a result of the violation; and

(2) the parent of the minor did not consent on behalf of the minor to the conduct that constituted the violation.

C. In an action brought against a health care provider pursuant to this section, if the plaintiff prevails, the plaintiff shall provide a certified copy of the final judgment in favor of the plaintiff to the licensing authority responsible for the regulation of the health care provider's license. Upon receipt of the certified final judgment in favor of the plaintiff, pursuant to the provisions of the Uniform Licensing Act, the licensing authority shall:

(1) issue a notice of contemplated action for revocation of the health care provider's license if the final judgment includes a finding that the health care provider knowingly violated the Hormone Therapy and Puberty Blocker Child Protection Act; or, if the final judgment does not include a finding that the health care provider knowingly violated that act, the licensing authority shall issue a notice of contemplated action for suspension of the health care provider's license for a period of up to two years; and

(2) send the health care provider a copy of the notice of contemplated action along with information regarding the process to file for a hearing before the licensing authority to contest the contemplated action.

D. For purposes of this section, "compensatory damages" may include:

(1) reasonable economic losses caused by the emotional, mental or physical effects of the violation, including:

(a) the cost of counseling, hospitalization and any other medical expenses connected with treating the harm caused by the violation;

(b) any out-of-pocket costs of the minor paid by the minor to the health care provider or public body for the prohibited medical procedure; or

(2) noneconomic damages caused by the violation, including psychological and emotional anguish.

E. An action commenced pursuant to the Hormone Therapy and Puberty Blocker Child Protection Act shall be brought:

(1) within thirty days from the date the minor reaches eighteen years of age; or

(2) if the minor is deceased, within ten years of the minor's death."

SECTION 7. A new section of Chapter 24 NMSA 1978 is enacted to read:

"[NEW MATERIAL] ENFORCEMENT--PENALTIES.--

A. The attorney general or a district attorney may

institute a civil action in district court if the attorney

general or district attorney has reasonable cause to believe

that a violation has occurred or to prevent a violation of the

Hormone Therapy and Puberty Blocker Child Protection Act.

B. In any action brought pursuant to this section, the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief. The court may assess a civil penalty for a violation of the Hormone Therapy and Puberty Blocker Child Protection Act in the amount of five thousand dollars ($5,000) or actual damages resulting from each violation, whichever is greater."

SECTION 8. A new section of Chapter 24 NMSA 1978 is enacted to read:

"[NEW MATERIAL] SEVERABILITY.--If any part or application of the Hormone Therapy and Puberty Blocker Child Protection Act is held invalid, the remainder of its application to other situations or persons shall not be affected."

SECTION 9. Section 24-34-2 NMSA 1978 (being Laws 2023, Chapter 11, Section 2) is amended to read:

"24-34-2. DEFINITIONS.--As used in the Reproductive and Gender-Affirming Health Care Freedom Act:

A. "adult" means an individual who is eighteen years of age or older;

B. "emancipated minor" means an individual who is sixteen years of age or older who:

(1) has entered into a valid marriage;

(2) is on active duty with any of the armed services in the United States; or

(3) has received a declaration of emancipation pursuant to the Emancipation of Minors Act;

[A.] C. "gender-affirming health care" means psychological, behavioral, surgical, pharmaceutical and medical care, services and supplies provided to support [a person's] an adult's or emancipated minor's gender identity;

D. "health care provider" means an individual or entity licensed in this state to administer or provide health care services;

E. "minor" means an individual who is younger than eighteen years of age;

F. "parent" means a biological, legal or adoptive father or mother or legal guardian of another person;

G. "parental consent" means a notarized written document that is signed by at least one parent of a minor and provides permission for a public body to:

(1) engage or meet with, contact or speak to or provide information to the minor regarding reproductive health care; or

(2) provide the minor with access to reproductive health care;

H. "parental notification" means a written document notifying a parent of a matter concerning that parent's minor as required pursuant to the Reproductive and Gender-Affirming Health Care Freedom Act that is prepared by a health care provider or a public body and is sent:

(1) in a manner that requires a signature acknowledging receipt of the document; and

(2) to at least one parent of the minor;

[B.] I. "public body" means a state or local government, an advisory board, a commission, an agency or an entity created by the constitution of New Mexico or any branch of government, including an individual or entity acting on behalf of or within the scope of the authority of a public body, that receives public funding [including] and includes political subdivisions, special tax districts, school districts and institutions of higher education; and

[C.] J. "reproductive health care" means psychological, behavioral, surgical, pharmaceutical and medical care, services and supplies that relate to the human reproductive system [including] but does not include gender-affirming health care. "Reproductive health care" services include services related to:

(1) preventing a pregnancy;

(2) abortion;

(3) managing a pregnancy loss;

(4) prenatal, birth, perinatal and postpartum health;

(5) managing perimenopause and menopause;

(6) managing fertility;

(7) treating cancers of the reproductive system; or

(8) preventing or treating sexually transmitted infections."

SECTION 10. Section 24-34-3 NMSA 1978 (being Laws 2023, Chapter 11, Section 3) is amended to read:

"24-34-3. PUBLIC BODY PROHIBITED ACTION--MINORS--PARENTAL NOTIFICATION AND CONSENT.--

A. A public body [or an entity or individual acting on behalf of or within the scope of the authority of a public body] shall not discriminate against a [person] health care provider, an adult or an emancipated minor based on that [person's] health care provider's, adult's or emancipated minor's use of or refusal to use reproductive health care or gender-affirming health care services.

B. A public body [or an entity or individual acting on behalf of or within the scope of the authority of a public body] shall not deny, restrict or interfere with a [person's] health care provider's, an adult's or an emancipated minor's ability to access or provide reproductive health care or gender-affirming health care within the medical standard of care.

C. A public body [or an entity or individual acting on behalf of or within the scope of the authority of a public body] shall not deprive, through prosecution, punishment or other means, [a person's] an adult's or an emancipated minor's ability to act or refrain from acting during the [person's] adult's or emancipated minor's pregnancy based on the potential, actual or perceived effect on the pregnancy.

D. A public body [or an entity or individual acting on behalf of or within the scope of the authority of a public body] shall not impose or continue in effect any law, ordinance, policy or regulation that violates or conflicts with the provisions of the Reproductive and Gender-Affirming Health Care Freedom Act.

E. A health care provider or a public body shall:

(1) provide parental notification to at least one parent of a minor before engaging or meeting with, contacting or speaking to or providing information to the minor regarding the use of or access to reproductive health care; and

(2) obtain parental consent at least fourteen days prior to engaging or meeting with, contacting or speaking to or providing information to the minor regarding the use of or access to reproductive health care.

F. A health care provider or a public body:

(1) shall not provide gender-affirming health care to a minor;

(2) shall not engage or meet with, contact or speak to or provide information to a minor regarding the use of or access to gender-affirming health care; and

(3) if contacted by a minor seeking information about or access to gender-affirming health care, shall, within seven calendar days from the initial date of contact with the minor, provide parental notification to at least one parent of the minor advising the parent that the minor was seeking information about or access to gender- affirming health care.

[E.] G. Nothing in the Reproductive and Gender-Affirming Health Care Freedom Act shall be construed to require a health care provider [or entity] to provide care:

(1) that the health care provider [or entity] does not otherwise provide or have a duty to provide under state or federal law;

(2) when the provision of service is against the medical judgment of the treating health care provider while acting within the standard of care; or

(3) when an [individual] adult or emancipated minor does not provide payment or a source of payment for the service when it is required in the ordinary course of business, unless the health care provider has a duty to provide services under state or federal law, regardless of the ability to pay.

[F.] H. Nothing in the Reproductive and Gender-Affirming Health Care Freedom Act shall be construed to require a managed care organization or health insurance company to cover claims that are not otherwise required to be covered by the terms and conditions of an insurance contract, managed care contract or state or federal law."

SECTION 11. Section 24-34-4 NMSA 1978 (being Laws 2023, Chapter 11, Section 4) is amended to read:

"24-34-4. ENFORCEMENT--PENALTIES.--

A. The attorney general or a district attorney may institute a civil action in district court if the attorney general or district attorney has reasonable cause to believe that a violation has occurred or to prevent a violation of the Reproductive and Gender-Affirming Health Care Freedom Act from occurring.

B. In any action brought under Subsection A of this section, the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief. The court may assess a civil penalty for a violation of the Reproductive and Gender-Affirming Health Care Freedom Act in the amount of five thousand dollars ($5,000) or actual damages resulting from each violation, whichever is greater.

C. Claims pursuant to the Reproductive and Gender- Affirming Health Care Freedom Act may be brought against public bodies [and entities acting in the course and scope of authority of a public body], but not against an individual, except that a parent of a minor may bring a claim against any health care provider for violation of that act."

SECTION 12. Section 24-34-5 NMSA 1978 (being Laws 2023, Chapter 11, Section 5) is amended to read:

"24-34-5. PRIVATE RIGHT OF ACTION.--

A. A person, including a parent of a minor, claiming to be aggrieved by a violation of the Reproductive and Gender-Affirming Health Care Freedom Act may maintain an action in district court for appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damages or punitive damages, or the sum of five thousand dollars ($5,000) for each violation of the Reproductive and Gender-Affirming Health Care Freedom Act, whichever is greater.

B. In any action brought pursuant to [Subsection A of] this section, the court shall award a prevailing plaintiff reasonable attorney fees and costs to be paid by the defendant.

C. Claims pursuant to the Reproductive and Gender-Affirming Health Care Freedom Act may be brought against public bodies [and entities acting in the course and scope of authority of a public body], but not against an individual, except that a parent of a minor may bring a claim against any health care provider.

D. In an action brought against a health care provider pursuant to Subsection C of this section by a parent of a minor, if the plaintiff prevails, the plaintiff shall provide a certified copy of the final judgment in favor of the plaintiff to the licensing authority responsible for the regulation of the health care provider's license. Upon receipt of the certified final judgment in favor of the plaintiff, pursuant to the requirements of the Uniform Licensing Act, the licensing authority shall:

(1) issue a notice of contemplated action for revocation of the health care provider's license if final judgment includes a finding of gross negligence or willful or egregious misconduct, or if the final judgment does not include a finding of gross negligence or willful or egregious misconduct, the licensing authority shall issue a notice of contemplated action for suspension of the health care provider's license for a period of up to two years; and

(2) send the health care provider a copy of the notice of contemplated action along with the information regarding the process to file for a hearing before the licensing authority to contest the contemplated action."

SECTION 13. Section 24-35-2 NMSA 1978 (being Laws 2023, Chapter 167, Section 2) is amended to read:

"24-35-2. DEFINITIONS.--As used in the Reproductive and Gender-Affirming Health Care Protection Act:

A. "adult" means an individual who is eighteen years of age or older;

B. "emancipated minor" means an individual who is sixteen years of age or older who:

(1) has entered into a valid marriage;

(2) is on active duty with any of the armed services in the United States; or

(3) has received a declaration of emancipation pursuant to the Emancipation of Minors Act;

[A.] C. "gender-affirming health care" means psychological, behavioral, surgical, pharmaceutical and medical care, services and supplies provided to support an individual's gender identity;

D. "health care provider" means an individual or entity licensed to administer or provide health care services in this state pursuant to Chapter 61 NMSA 1978 by a board, commission or agency that administers a profession or occupation that is licensed to administer or provide health care or health-care-related services;

E. "minor" means a child who is younger than eighteen years of age and is not an emancipated minor;

F. "minor with parental consent" means a child who is younger than eighteen years of age and whose parent has provided a public body or health care provider with a notarized written document signed by at least one parent of the minor that provides permission to a public body or a health care provider to:

(1) engage or meet with, contact or speak or provide information to the minor regarding a reproductive health care activity; or

(2) provide the minor with access to a reproductive health care activity;

G. "parent" means a biological, legal or adoptive parent of a minor or the minor's legal guardian;

[B.] H. "protected health care activity" means:

(1) an adult, an emancipated minor or a health care provider seeking access to, providing or receiving reproductive health care or gender-affirming health care; or

(2) assisting an [individual] adult, an emancipated minor or a health care provider who is seeking access to, receiving or providing reproductive health care or gender-affirming health care, including providing:

(a) information;

(b) transportation;

(d) material support;

[C.] I. "public body" means a state or local government, an advisory board, a commission, an agency or an entity created by the constitution of New Mexico or a branch of government, including a health care provider or an entity acting on behalf of or within the scope of the authority of a public body, that receives public funding [including] and includes political subdivisions, special tax districts, school districts and institutions of higher education; [and]

[D.] J. "reproductive health care" means psychological, behavioral, surgical, pharmaceutical and medical care, services and supplies that relate to the human reproductive system [including] but does not include gender-affirming health care services. "Reproductive health care" services include services related to:

(1) preventing a pregnancy;

(2) abortion;

(3) managing a pregnancy loss;

(4) prenatal, birth, perinatal and postpartum health;

(5) managing perimenopause and menopause;

(6) managing infertility;

(7) treating cancers of the reproductive system; or

(8) preventing sexually transmitted infections; and

K. "sex" means an individual's immutable characteristics of the human reproductive system that define the individual as male or female, as determined by anatomy and genetics existing in that individual at the time of birth."

SECTION 14. Section 24-35-3 NMSA 1978 (being Laws 2023, Chapter 167, Section 3) is amended to read:

"24-35-3. PUBLIC BODY--PROHIBITED RELEASE OF INFORMATION RELATED TO A PROTECTED HEALTH CARE ACTIVITY.--

A. A public body [or an individual or entity acting on behalf of or within the scope of the authority of a public body] shall not release information or use resources available to it in furtherance of a foreign investigation or proceeding that seeks to impose civil or criminal liability or professional disciplinary action upon an [individual] adult, an emancipated minor or [entity] a health care provider for engaging in a protected health care activity.

B. A public body [or an individual or entity acting on behalf of or within the scope of the authority of a public body] that receives a request for information related to a protected health care activity shall notify the [individual] adult, emancipated minor or [entity] health care provider that is the subject of the information request and shall move to modify or quash the subpoena to prevent the release of protected health care activity information. Any request for information related to a protected health care activity shall be made in writing.

C. The provisions of this section shall not apply if the [individual] adult, emancipated minor or [entity] health care provider that is the subject of the investigation or proceeding provides affirmative written consent to release the requested information.

D. A public body that receives a request for information related to the reproductive health care activities of a minor with parental consent:

(1) shall not release information or use resources available to the public body in furtherance of a foreign investigation or proceeding that seeks to impose civil or criminal liability upon a minor with parental consent for engaging in reproductive health care activities;

(2) shall notify in writing within seven calendar days of receiving the request for information at least one parent of the minor with parental consent who is the subject of the request; and

(3) shall as soon as practicable move to quash the subpoena to prevent the release of the minor with parental consent's reproductive health care activity.

[D.] E. This section shall not apply to an investigation or proceeding in which the conduct subject to potential liability would be subject to liability under the laws of this state."

SECTION 15. Section 24-35-4 NMSA 1978 (being Laws 2023, Chapter 167, Section 4) is amended to read:

"24-35-4. FOREIGN SUBPOENAS AND SUMMONSES.--

A. A party shall not submit a foreign subpoena or summons for discovery or a witness to provide testimony related to an interstate investigation or proceeding that seeks to impose civil or criminal liability or professional disciplinary action related to a protected health care activity unless the requesting party submits an attestation, signed under the penalty of perjury, that the foreign subpoena or summons relates to an out-of-state action for which the same claim exists under the laws of this state.

B. An [individual] adult, an emancipated minor, a minor with parental consent or the parent of a minor with parental consent or [entity] a health care provider served with a subpoena that is in violation of this section shall notify the issuing court and the moving party of the defect and shall not comply with the subpoena until the defect is cured by order of the issuing court.

C. A party that omits or submits a false attestation pursuant to this section shall be subject to the jurisdiction of the courts of this state in a suit for damages, penalties or both arising out of the omission or false attestation. A court shall assess a statutory penalty of ten thousand dollars ($10,000) per violation if the court finds the omission or false attestation was made intentionally, knowingly, willingly or recklessly."

SECTION 16. Section 24-35-5 NMSA 1978 (being Laws 2023, Chapter 167, Section 5) is amended to read:

"24-35-5. ABUSIVE LITIGATION--INTERFERENCE WITH A PROTECTED HEALTH CARE ACTIVITY--CIVIL ACTIONS.--

A. For purposes of this section, "abusive litigation" means legal action initiated to deter, prevent, sanction or penalize an individual or entity for engaging in a protected health care activity by initiating a legal action in another state where civil or criminal liability is based on engaging in a protected health care activity in this state or attempting to enforce an order or judgment issued in connection with such legal action.

B. An [individual] adult, an emancipated minor, a minor with parental consent or [entity] a health care provider claiming to be aggrieved by abusive litigation may file an action in district court and seek relief pursuant to Section [8 of the Reproductive and Gender-Affirming Health Care Protection Act] 24-35-8 NMSA 1978, as well as the amount of a judgment issued in connection with the abusive litigation.

C. This section shall not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of New Mexico."

SECTION 17. Section 24-35-6 NMSA 1978 (being Laws 2023, Chapter 167, Section 6) is amended to read:

"24-35-6. HEIGHTENED PROTECTION FOR ELECTRONICALLY TRANSMITTED INFORMATION RELATED TO A PROTECTED HEALTH CARE ACTIVITY.--

A. For purposes of this section, "third party" means an individual or entity who transmits information related to a protected health care activity, in the normal course of business, in an electronic format. "Third party" does not mean a covered entity or business associate as defined by the federal Health Insurance Portability and Accountability Act of 1996 and related regulations.

B. It shall be a violation of the Reproductive and Gender-Affirming Health Care Protection Act to request from a third party, or for a third party to transmit, information related to [an individual's] any protected health care activity of an adult, an emancipated minor or [entity's protected health care activity] a health care provider or information related to the reproductive health care activity of a minor with parental consent with the intent to:

(1) harass, humiliate or intimidate that [individual] adult, emancipated minor, minor with parental consent or [entity] health care provider;

(2) incite another to harass, humiliate or intimidate that [individual] adult, emancipated minor, minor with parental consent or [entity] health care provider;

(3) cause that [individual] adult, emancipated minor, minor with parental consent or health care provider to reasonably fear for [that individual's own or family members'] the safety of:

(a) that adult or that adult's family;

(b) that emancipated minor or that emancipated minor's family;

(d) that health care provider or that health care provider's family;

(4) cause that [individual] adult, emancipated minor, minor with parental consent or health care provider to suffer unwanted physical contact or injury;

(5) cause that [individual] adult, emancipated minor, minor with parental consent or health care provider to suffer substantial emotional distress; [or]

(6) deter, prevent, sanction or penalize an [individual] adult, an emancipated minor or [entity] a health care provider for engaging in a protected health care activity; or

(7) deter, prevent, sanction or penalize a minor with parental consent or the parent of that minor for the minor engaging in a reproductive health care activity.

C. This section shall not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of New Mexico."

SECTION 18. Section 24-35-8 NMSA 1978 (being Laws 2023, Chapter 167, Section 8) is amended to read:

"24-35-8. PRIVATE RIGHT OF ACTION.--

A. An [individual] adult, an emancipated minor, a minor with parental consent or that minor's parent or [entity] a health care provider claiming to be aggrieved by a violation of the Reproductive and Gender-Affirming Health Care Protection Act may file an action in district court for appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damages or punitive damages, or for the sum of ten thousand dollars ($10,000) per violation, whichever is greater. Claims may be brought against a public body or third party that intentionally, knowingly, willingly or recklessly released information related to a protected health care activity.

B. In an action brought against a health care

provider pursuant to this section by a parent of a minor, if the plaintiff prevails, the plaintiff shall provide a certified copy of the final judgment in favor of the plaintiff to the licensing authority responsible for the regulation of the health care provider's license. Upon receipt of the certified final judgment in favor of the plaintiff, pursuant to the requirements of the Uniform Licensing Act, the licensing authority shall:

(1) issue a notice of contemplated action for

revocation of the health care provider's license if the final judgment includes a finding of gross negligence, knowingly violating or willful or egregious misconduct, or if the final judgment does not include a finding of gross negligence, knowingly violating or willful or egregious misconduct, issue a notice of contemplated action for suspension of the health care provider's license for a period of up to two years; and

[B.] C. In an action brought pursuant to [Subsection A of] this section, the district court shall award a prevailing plaintiff reasonable attorney fees and costs."

SECTION 19. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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