A. No member of the board or person working on behalf of the board shall 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 communication made by a person to the board relating to actual or potential disciplinary action shall be confidential communication and are not public records for the purposes of the Public Records Act [Chapter 14, Article 3 NMSA 1978]. All data, communication 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, communication and information acquired by the board relating to an actual disciplinary action taken against a person subject to the provisions of the Counseling and Therapy Practice Act shall be public records, pursuant to the provisions of the Public Records Act.
History: Laws 2005, ch. 210, § 6.
Delayed repeals. — For delayed repeal of this section, see 61-9A-30 NMSA 1978.
Effective dates. — Laws 2005, ch. 210 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 9A - Counseling and Therapy
Section 61-9A-1 - Short title. (Repealed effective July 1, 2028.)
Section 61-9A-2 - Purpose. (Repealed effective July 1, 2028.)
Section 61-9A-3 - Definitions. (Repealed effective July 1, 2028.)
Section 61-9A-4 - License or registration required. (Repealed effective July 1, 2028.)
Section 61-9A-5 - Scopes of practice. (Repealed effective July 1, 2028.)
Section 61-9A-6 - Exemptions. (Repealed effective July 1, 2028.)
Section 61-9A-8 - Department duties. (Repealed effective July 1, 2028.)
Section 61-9A-9 - Board; powers and duties. (Repealed effective July 1, 2028.)
Section 61-9A-11.2 - Repealed.
Section 61-9A-15 - Examinations. (Repealed effective July 1, 2028.)
Section 61-9A-16 - Temporary licensure. (Repealed effective July 1, 2028.)
Section 61-9A-17 to 61-9A-21.1 - Repealed.
Section 61-9A-22 - Licensure by credentials. (Repealed effective July 1, 2028.)
Section 61-9A-23 - License and registration renewal. (Repealed effective July 1, 2028.)
Section 61-9A-24 - License and registration fees. (Repealed effective July 1, 2028.)
Section 61-9A-25 - Fund created. (Repealed effective July 1, 2028.)
Section 61-9A-27 - Privileged communications. (Repealed effective July 1, 2028.)
Section 61-9A-28 - Criminal offender's character evaluation. (Repealed effective July 1, 2028.)
Section 61-9A-29 - Injunctive proceedings. (Repealed effective July 1, 2028.)
Section 61-9A-30 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)