Release of Medical Records – N.M. Code R. § 16.10.17.8

New Mexico regulations provide that physicians must release medical records to patients or other physicians upon a legal request for the record.  If the record is property of an independent organization, the physician should act as the patient’s advocate in helping make the request for the record. Medical records may not be withheld if there is an unpaid bill for treatment or services.  The physician may charge a reasonable fee for copying the medical record in the amount of $30 for the first 15 pages and $.25 for each page after.  Psychotherapy notes must be kept separate from a patient’s medical record and can be withheld from the patient.  The patient has no right to read, amend or have access to psychotherapy notes.  Release of the psychotherapy notes to another physician requires the explicit consent of the patient.