N.M. Admin. Code § 7.34.3.18

Current through Register Vol. 35, No. 22, November 19, 2024

Section 7.34.3.18 - QUALIFIED PATIENT, PRIMARY CAREGIVER, AND MEDICAL PROVIDER CONFIDENTIALITY

The department shall maintain a confidential file containing the names and contact information of the persons who have either applied for or received a registry identification card, as well as the names and contact information of certifying and diagnosing providers.

A. Patient applicants and qualified patients: Names and contact information regarding a qualified patient or patient-applicant shall be confidential and shall not be subject to disclosure, except:

(1) to employees or agents of the department as necessary to perform the duties of the department pursuant to the provisions of this rule and the act;

(2) to employees of New Mexico state or local law enforcement agencies, for the purpose of verifying that a person is lawfully enrolled in the medical cannabis program, or in the event that the medical cannabis program manager or designee has reason to believe that a qualified patient or patient-applicant may have violated an applicable law; and

(3) as provided in the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996 and applicable state and federal regulations.

B. Primary caregivers and certifying providers: Names and contact information regarding a primary caregiver or medical provider shall be confidential and shall not be subject to disclosure, except:

(1) to applicable licensing bodies, for the purpose of verifying the practitioner's licensure status, or in the event that the medical cannabis program manager or designee has reason to believe that a practitioner may have violated licensing requirements or an applicable law;

(2) to employees of New Mexico state or local law enforcement agencies, in the event that the medical cannabis program manager or designee has reason to believe that a primary caregiver or medical provider may have violated an applicable law; and

(3) as provided in the federal HIPAA of 1996 and applicable state and federal regulations.

N.M. Admin. Code § 7.34.3.18

7.34.3.18 NMAC - Rp, 7.34.3.16 NMAC, 12/30/2010

Amended by New Mexico Register, Volume XXVI, Issue 04, February 27, 2015, eff. 2/27/2015