A. All records or information containing protected health information relating to the respondent, including all pleadings and other documents filed in the matter, social records, diagnostic evaluations, psychiatric or psychologic reports, videotapes, transcripts and audio recordings of interviews and examinations, recorded testimony and the assisted outpatient treatment plan that was produced or obtained as part of a proceeding pursuant to the Assisted Outpatient Treatment Act, shall be confidential and closed to the public.

B. The records described in Subsection A of this section may only be disclosed to the parties and:

1. (1) court personnel;
2. (2) court-appointed special advocates;
3. (3) attorneys representing parties to the proceeding;
4. (4) surrogate decision-makers;
5. (5) peace officers requested by the court to perform any duties or functions related to the respondent as deemed appropriate by the court;
6. (6) qualified professionals and providers involved in the evaluation or treatment of the respondent;
7. (7) public health authorities or entities conducting public health surveillance or research, if authorized by law; and
8. (8) any other person or entity, by order of the court, having a legitimate interest in the case or the work of the court.

History: Laws 2016, ch. 84, § 14.

ANNOTATIONS

Compiler’s notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, but were renumbered by the compiler.

Repeals. — Laws 2020, ch. 44, § 3, effective May 20, 2020, repealed Laws 2016, ch. 84, § 17, which would have repealed §§ 43-1B-1 to 43-1B-14 NMSA 1978, effective July 1, 2021.

Effective dates. — Laws 2016, ch. 84, § 18 made Laws 2016, ch. 84 effective July 1, 2016.