N.M. Admin. Code § 16.19.29.10

Current through Register Vol. 35, No. 23, December 10, 2024

Section 16.19.29.10 - DISCLOSURE OF AUDIT TRAIL INFORMATION

A. Audit trail information maintained by the board shall not be subject to the Inspection of Public Records Act, Sections 14-2-1 through 14-2-12 NMSA 1978, and shall be confidential except as provided in Subsection C and D of 16.19.29.10 NMAC.

B. The board shall maintain procedures to ensure that the privacy and confidentiality of patients and patient information collected, recorded, transmitted, and maintained in the PMP is not disclosed to persons except as provided in Subsection C and D of 16.19.29.10 NMAC.

C. Board inspectors may review audit trail information after receiving complaints, and in the course of their enforcement of board administered statutes and regulations.

D. The board shall be authorized to provide audit trail information to the following persons:

(1) state practitioner licensing boards whose licensees have prescriptive authority for controlled substances, including the medical board, board of nursing, board of veterinary medicine, board of dental health care, board of optometry, board of osteopathic medicine, board of acupuncture and oriental medicine, and board of podiatry, as the audit trail information relates to their licensees for the purposes of reviewing compliance with PMP utilization;

(2) practitioner licensing authorities of other states if their licensees practice in this state or prescriptions provided by their licensees are dispensed in this state as the audit trail information relates to their licensees for the purposes of reviewing compliance with PMP utilization requirements;

(3) personnel of the board for purposes of administration and enforcement of this rule or of 16.19.20 NMAC;

(4) the board shall share PMP database data with the department of health for the purpose of tracking inappropriate prescribing and misuse of controlled substances or drug(s) of concern, including drug overdose.

E. Audit trail information shall not be subject to civil subpoena, nor shall such information be disclosed, discoverable, or compelled to be produced in any civil proceeding, nor shall such records be deemed admissible as evidence in any civil proceeding for any reason.

N.M. Admin. Code § 16.19.29.10

16.19.29.10 NMAC - N, 07-15-04; A, 06-11-11, Reserved by New Mexico Register, Volume XXVI, Issue 05, March 16, 2015, eff. 3/22/2015, Amended by New Mexico Register, Volume XXIX, Issue 18, September 25, 2018, eff. 9/25/2018, Amended by New Mexico Register, Volume XXXIV, Issue 04, February 28, 2023, eff. 2/28/2023