A. The board shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of the Controlled Substances Act, it may register public agencies, institutions of higher education and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear directly on misuse and abuse of controlled substances.
B. The board may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.
C. The board may authorize the possession and distribution of controlled substances by persons engaged in research. Such authorization shall contain the conditions and terms of the research to be conducted. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization.
D. A practitioner engaged in medical practice or research shall not be required to furnish the name or identity of a patient or research subject to the board, nor may he be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner is obligated to keep confidential.
History: 1953 Comp., § 54-11-39, enacted by Laws 1972, ch. 84, § 39.
Cross references. — For confidentiality of health information involving specific individuals, see 14-6-1 NMSA 1978.
Structure 2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 31 - Controlled Substances
Section 30-31-1 - Short title.
Section 30-31-2 - Definitions.
Section 30-31-3 - Duty to administer.
Section 30-31-4 - Nomenclature.
Section 30-31-5 - Schedules; criteria.
Section 30-31-7 - Schedule II.
Section 30-31-8 - Schedule III.
Section 30-31-9 - Schedule IV.
Section 30-31-10 - Schedule V.
Section 30-31-11 - Regulations.
Section 30-31-12 - Registration requirements.
Section 30-31-13 - Registrations.
Section 30-31-14 - Revocation and suspension of registration.
Section 30-31-15 - Order to show cause.
Section 30-31-16 - Records of registrants.
Section 30-31-17 - Order forms.
Section 30-31-18 - Prescriptions.
Section 30-31-19 - Distributions by manufacturers or distributors.
Section 30-31-20 - Trafficking controlled substances; violation.
Section 30-31-21 - Distribution to a minor.
Section 30-31-22 - Controlled or counterfeit substances; distribution prohibited.
Section 30-31-23 - Controlled substances; possession prohibited.
Section 30-31-24 - Controlled substances; violations of administrative provisions.
Section 30-31-25 - Controlled substances; prohibited acts.
Section 30-31-26 - Penalties under other laws.
Section 30-31-27 - Bar to prosecution.
Section 30-31-27.1 - Overdose prevention; limited immunity.
Section 30-31-28 - Conditional discharge for possession as first offense.
Section 30-31-29 - Probationary period.
Section 30-31-30 - Powers of enforcement personnel.
Section 30-31-31 - Administrative inspections and warrants.
Section 30-31-32 - Administrative inspections.
Section 30-31-33 - Injunctions.
Section 30-31-34 - Forfeitures; property subject.
Section 30-31-35 - Forfeiture; procedure.
Section 30-31-36 - Summary forfeiture.
Section 30-31-37 - Burden of proof.
Section 30-31-38 - Cooperative duties of board.
Section 30-31-40 - Research; confidentiality.
Section 30-31-41 - Anabolic steroids; possession; distribution; penalties; notice.