All records of the department are public records unless the record is exempted under state or federal law or regulation. The following constitute a common listing of sources of exemptions which may pertain to a department record; it is not intended to be exclusive and failure to specifically list an otherwise applicable source of law establishing an exemption does not affect the applicability of the exemption. The following may not be included in the department's public records:

1. A. Medical or confidential records under:

   (1) the Inspection of Public Records Act, Section 14-2-1(A) NMSA 1978;

   (2) the Hospital Records Provisions of Section 14-6-1 NMSA 1978;

   (3) the Community Mental Health Services Act, Section 23-7-12(E) NMSA 1978;

   (4) the Drug Abuse Treatment Act, Section 26-2-12 and 14 NMSA 1978;

   (5) the Mental Health and Developmental Disabilities Code, Section 43-1-19 NMSA 1978;

   (6) the Alcohol Abuse Treatment Act, Section 43-2-11 NMSA 1978;

   (7) the Children's Mental Health and Developmental Disabilities Act, Section 32A-6-15 NMSA 1978;

   (8) the Review Organization Immunity Act, Section 41-9-5 NMSA 1978;

   (9) the Public Health Act, Section 24-1-9.4 and 20 NMSA 1978;

   (10) the Vital Records Act, Section 24-14-27 NMSA 1978;

   (11) Confidentiality of Alcohol and Drug Abuse Patient Records, 42 U.S.C. Section 290dd-2 and 290ee-3; and 42 CFR 2.1 to 2.67;

   (12) HIV Test Act, Section 24-2B-1 et seq. NMSA 1978;

   (13) DWI Tests Results, Section 24-11-6 NMSA 1978;

   (14) Health Information Systems Act, Section 24-14A-8 NMSA 1978;

   (15) the Health Maintenance Organization Law, Section 59A-46-26 and 27 NMSA 1978.

2. B. Other sources of law which may affect whether a record is a public record include:

   (1) Public Health Act, Section 24-1-5(M) NMSA 1978;

   (2) Juvenile Records Provisions of Section 32A-2-32; 32A-3B-22; and 32A-4-33 NMSA 1978;

   (3) Traffic Safety Act, Section 66-7-507 and 508 NMSA 1978;

   (4) provisions of Medicaid Law and Regulation, including but not limited to, 42 U.S.C. Section 1396a (a) and 42 CFR Section 431.300.

3. C. Records subject to attorney-client privilege; or, records that are attorney work product; or, records to which privileges recognized under New Mexico law apply.
4. D. Letters of reference concerning employment, licensing or permits.
5. E. Letters or memorandums which are matters of opinion in personnel files or students' cumulative files.
6. F. Law enforcement records that reveal confidential sources, methods, information or individuals accused but not charged with a crime.
7. G. Documents covered by the Confidential Materials Act, Section 14-3A-1 to 2 NMSA 1978.
8. H. Documents not otherwise exempted under state or federal law or regulations and for which a strong public policy exists for nondisclosure under Newsome v. Alarid, 90 N.M. 790, 568 P.2d 1236 (1977).

9. I. Information or a record that comes into the possession of the department through the department's normal course of business or through its lawful operations, and which information or record would otherwise be exempt or confidential under applicable law, does not lose its exempt or confidential status because of the department's possession of such information or record.

   [10/31/96; Recompiled 10/31/01]

   HISTORY OF 7.1.3 NMAC:

   Pre-NMAC History: The material in this Part was derived from that previously filed with the State Records Center:

   HED 78-11-1, Regulations - Governing Public Access to Department Records, 11/21/78.

   History of Repealed Material: [RESERVED]