Confidentiality and Data Privacy – N.M. Code R. § 16.27.18.17

Confidentiality and Data Privacy

All mental health counselors, therapists, and alcohol and drug counselors may not disclose confidential information pertaining to a client. A licensee must inform the client of limitations on confidentiality. The licensee should continue to treat information as confidential even after the relationship with the client has ended.

Disclosure With Consent

A client may give informed written consent to disclosure of their treatment information. A parent or guardian must consent to disclosure of information on behalf of a client who is under the age of consent.

Disclosure Without Consent

Substance abuse treatment information may be disclosed if “necessary to protect against a clear and substantial risk of imminent serious harm being inflicted by the client on the client or another person(s).” If the counselor is a defendant in a civil, criminal, or disciplinary action arising from the treatment, confidential information from the client may be disclosed in that action. Confidential information may be disclosed for purpose of reporting the abuse of children and vulnerable adults. Information may be disclosed for purposes of supervision, teaching, research or other published reports, provided that patient identifying information is disguised.

All patient records must be retained for no less than 6 years after the last medical service was rendered. Such medical records must include information relating to the diagnosis, fee arrangement, any test results, and the results of formal consultations, among other requirements.