SENATE BILL 197

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

David Ulibarri

AN ACT

RELATING TO PUBLIC HEALTH; AMENDING A SECTION OF THE PUBLIC HEALTH ACT TO PROTECT THE CONFIDENTIALITY OF INFORMATION COLLECTED AND MAINTAINED PURSUANT TO DEPARTMENT OF HEALTH MORTALITY REVIEWS.

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

     Section 1. 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] E 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 of the department are subject to the penalty contained in Subsection [F] H of this section if they release or use the information in violation of this section.

          [B.] C. All information voluntarily provided to the [director] secretary or [his] the secretary's agent in connection with studies designated by [him] the secretary as medical research and approved by the secretary [of health and environment], either conducted by or under the authority of the [director] secretary 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.

          D. All information collected and maintained in connection with department of health mortality review activities pursuant to Subsection U of Section 24-1-3 NMSA 1978 shall be confidential.

          [C.] E. 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 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] H of this section if they release or use the information in violation of this section.

          [D.] F. 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.] G. 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.] H. Any person who discloses confidential information in violation of this section is guilty of a petty misdemeanor."

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