2017 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 10 - Osteopathic Medicine
Section 61-10-5.1 - Board communication; protected actions. (Repealed effective July 1, 2022.)
61-10-5.1. Board communication; protected actions. (Repealed effective July 1, 2022.)
A. A report to the board regarding actual or potential disciplinary action, including a complaint, shall be a confidential communication and is not a public record for the purposes of the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978].
B. Any data, communication or information that the board acquires, prepares or disseminates relating to actual or potential disciplinary action or its investigation of a complaint shall not be disclosed except to the extent necessary to:
(1) carry out the duties of the board;
(2) make a judicial appeal of a board action; or
(3) refer a case to a law enforcement agency, a national database clearinghouse or another licensing board.
C. Information contained in a complaint filed with the board may be disclosed when the board or a court acts on a complaint and:
(1) issues a notice of contemplated action; or
(2) reaches a settlement before issuing a notice of contemplated action.
D. A person shall not be subject to any civil damages or criminal prosecution for providing information to the board, whether as a report, a complaint or as testimony.
History: Laws 2016, ch. 90, 21.
