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Disclosure of information - N.M. Stat. Ann. § 43-1-19
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Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
Disclosure With Consent:
A patient may consent to the disclosure of information relating to their mental health. A patient’s written authorization must contain the following:
· The patient’s signature
· A statement regarding the client’s right to examine and copy the information to be disclosed
· The intended recipient
· A description of the manner in which the disclosed information is intended to be used
· To an insurer for purposes of securing payment
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
· To a provider, to the extent necessary for purposes of practicing, employing, or training the provider on the patient’s behalf
· “To protect against a clear and substantial risk of imminent serious physical injury or death inflicted by the client on the client’s self or another”
· To the patient’s primary caregiver, and the disclosure is limited to the information necessary to ensure continuity of care
Current as of June 2015