Rights of retention-N.M. Stat. Ann. § 24-21-5

There can be no retention of a patient’s genetic information without the patient’s informed written consent, and all genetic information must be destroyed at the request of the patient. However, genetic information may be retained if necessary for a criminal investigation, authorized by a court order, authorized by a research protocol, or obtained under the Genetic Information Privacy Act, Section 3, Subsection C. All insurers are exempt from this section for purposes of ordinary course of business. Insurers must, however, notify in writing the applicant that the genetic information may be used in the insurer’s ordinary course of business.