A. A member of the board or person working on behalf of the board shall not be civilly liable or subject to civil damages for any good faith action undertaken or performed within the proper functions of the board.
B. All written and oral communications made by a person to the board relating to actual or potential disciplinary action shall be confidential communications and are not public records for the purposes of the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978]. All data, communications and information acquired by the board relating to actual or potential disciplinary action shall not be disclosed except:
(1) to the extent necessary to carry out the board's functions;
(2) as needed for judicial review of the board's actions; or
(3) pursuant to a court order issued by a court of competent jurisdiction.
C. Notwithstanding the provisions of Subsection B of this section, at the conclusion of an actual disciplinary action by the board, all data, communications and information acquired by the board relating to an actual disciplinary action taken against a person subject to the provisions of the Professional Psychologist Act shall be public records pursuant to the provisions of the Inspection of Public Records Act.
History: Laws 1996, ch. 54, § 12; 2003, ch. 428, § 7.
Delayed repeals. — For delayed repeal of this section, see 61-9-19 NMSA 1978.
The 2003 amendment, effective July 1, 2003, in Subsections B and C, inserted "Inspection of" preceding "Public Records Act".
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-9-1 - Short title. (Repealed effective July 1, 2028.)
Section 61-9-3 - Definitions. (Repealed effective July 1, 2028.)
Section 61-9-4 - Criminal offender's character evaluation. (Repealed effective July 1, 2028.)
Section 61-9-4.1 - License required. (Repealed effective July 1, 2028.)
Section 61-9-5 - State board of examiners; psychology fund. (Repealed effective July 1, 2028.)
Section 61-9-6 - Board; meeting; powers. (Repealed effective July 1, 2028.)
Section 61-9-7 - Fees; license renewal. (Repealed effective July 1, 2028.)
Section 61-9-8 - Records. (Repealed effective July 1, 2028.)
Section 61-9-9 - Licensure of psychologists without examination. (Repealed effective July 1, 2028.)
Section 61-9-10 - Licensure of psychologists from other areas. (Repealed effective July 1, 2028.)
Section 61-9-10.1 - Provisional and temporary licensure. (Repealed effective July 1, 2028.)
Section 61-9-11 - Licensure; examination. (Repealed effective July 1, 2028.)
Section 61-9-11.2 - Criminal background checks. (Repealed effective July 1, 2028.)
Section 61-9-12 - License. (Repealed effective July 1, 2028.)
Section 61-9-13 - Denial, revocation or suspension of license. (Repealed effective July 1, 2028.)
Section 61-9-14 - Violation and penalties. (Repealed effective July 1, 2028.)
Section 61-9-15 - Injunctive proceedings. (Repealed effective July 1, 2028.)
Section 61-9-16 - Scope of act. (Repealed effective July 1, 2028.)
Section 61-9-17 - Drugs; medicines. (Repealed effective July 1, 2028.)
Section 61-9-17.2 - Prescribing practices. (Repealed effective July 1, 2028.)
Section 61-9-18 - Privileged communications. (Repealed effective July 1, 2028.)
Section 61-9-19 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)