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.
Delayed repeals — Laws 2021, ch. 54, § 49 repealed 61-10-5.1 NMSA 1978, effective July 1, 2022.
Effective dates. — Laws 2016, ch. 90, § 30 made Laws 2016, ch. 90, § 21 effective July 1, 2016.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 10 - Osteopathic Medicine
Section 61-10-1.1 - Short title. (Repealed effective July 1, 2022.)
Section 61-10-1.2 - Definitions. (Repealed effective July 1, 2022.)
Section 61-10-2 - Criminal offender's character evaluation. (Repealed effective July 1, 2022.)
Section 61-10-3 - License. (Repealed effective July 1, 2022.)
Section 61-10-4 - Other schools not affected. (Repealed effective July 1, 2022.)
Section 61-10-5.1 - Board communication; protected actions. (Repealed effective July 1, 2022.)
Section 61-10-6 - Licensure; requirements. (Repealed effective July 1, 2022.)
Section 61-10-6.1 - Fees. (Repealed effective July 1, 2022.)
Section 61-10-7 - Temporary license; qualifications. (Repealed effective July 1, 2022.)
Section 61-10-8 - Professional education. (Repealed effective July 1, 2022.)
Section 61-10-10 - Examination. (Repealed effective July 1, 2022.)
Section 61-10-11 - License issued. (Repealed effective July 1, 2022.)
Section 61-10-11.1 - Telemedicine license. (Repealed effective July 1, 2022.)
Section 61-10-11.5 - Responsibility. (Repealed effective July 1, 2022.)
Section 61-10-12 - License without examination. (Repealed effective July 1, 2022.)
Section 61-10-15 - Refusal and revocation of license. (Repealed effective July 1, 2022.)
Section 61-10-16 - Penalties. (Repealed effective July 1, 2022.)
Section 61-10-16.1 - Practicing without license; penalty. (Repealed effective July 1, 2022.)
Section 61-10-17 - Records. (Repealed effective July 1, 2022.)
Section 61-10-19 - Renewal of license; certificate; fee. (Repealed effective July 1, 2022.)
Section 61-10-20 - Post-graduate educational requirements. (Repealed effective July 1, 2022.)
Section 61-10-22 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2022.)