Medical Records

The Law:

Records pertaining to physical or mental examinations and medical treatment of persons confined to any institution.

Commentary

As written, the Act exempts from disclosure certain medical records of persons confined to public institutions, however, the New Mexico Supreme Court has substantially expanded the exception. Specifically, the Court held in Newsome, 90 N.M. 790, that the exception protected employee records pertaining to illness, injury, disability, inability to perform a job task and sick leave. In addition, the Court did not require, as a condition for confidentiality, that the records pertain only to persons confined to institutions. Thus, the exception generally protects records kept by any governmental agency relating to physical or mental illness or medical treatment of individuals, as those terms have been judicially interpreted. 

Example 5:
A former inmate at the state penitentiary is being considered for an important county job. An enterprising local journalist wants to get the former inmate’s psychiatric records from the penitentiary as part of a story. Records of inmate mental examinations while confined at the penitentiary are, however, protected from disclosure under this exception.

Example 6:
A state employee just got out of St. Vincent Hospital where he underwent a delicate operation. His hospital records are submitted to the personnel department of his office with his claim for insurance. The medical records submitted for insurance payment are protected from disclosure.

Example 7:
Applicants for a vacant district court judge position are required to include in their application to the judicial nominating commission information about medical treatment. A local newspaper requests copies of the applications in the hope of obtaining information about one applicant’s history of treatment for alcoholism. Any information submitted by the applicant concerning such treatment is protected from disclosure.