reglab/housing_qa huggingface dataset:
NM Stat § 14-6-1 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 6 - Health and Hospital Records|Section 14-6-1 - Health information; confidentiality; immunity from liability for furnishing.

A. All health information that relates to and identifies specific individuals as patients is strictly confidential and shall not be a matter of public record or accessible to the public even though the information is in the custody of or contained in the records of a governmental agency or its agent, a state educational institution, a duly organized state or county association of licensed physicians or dentists, a licensed health facility or staff committees of such facilities. B. A custodian of information classified as confidential in Subsection A may furnish the information upon request to a governmental agency or its agent, a state educational institution, a duly organized state or county association of licensed physicians or dentists, a licensed health facility or staff committees of such facilities, and the custodian furnishing the information shall not be liable for damages to any person for having furnished the information. C. Statistical studies and research reports based upon confidential information may be published or furnished to the public, but these studies and reports shall not in any way identify individual patients directly or indirectly nor in any way violate the privileged or confidential nature of the relationship and communications between practitioner and patient. D. This section does not affect the status of original medical records of individual patients and the rules of confidentiality and accessibility applicable to these records continue in force. This section does not affect the status of vital statistical records of the health and environment department. History: 1953 Comp., § 12-18-1, enacted by Laws 1971, ch. 137, § 1, and recompiled as 1953 Comp., § 12-25-6, by Laws 1972, ch. 51, § 9; 1977, ch. 253, § 37. ANNOTATIONSCompiler's notes. — Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department, referred to in this section, and enacted a new 9-7-4 NMSA 1978, which created the department of health. Laws 1991, ch. 25, § 4 created the department of environment. Cross references. — For use of medical records by medical review commission, see 41-5-15, 41-5-16 NMSA 1978. Law reviews. — For article, "Disclosure of Medical Information - Criminal Prosecution of Medicaid Fraud in New Mexico," see 9 N.M. L. Rev. 321 (1979). For note, "Evidence: Protecting Privileged Information A New Procedure for Resolving Claims of the Physician-Patient Privilege in New Mexico Pina v. Espinoza", see 32 N.M. L. Rev. 453 (2002). Am. Jur. 2d, A.L.R. and C.J.S. references. — 81 Am. Jur. 2d Witnesses §§ 262 et seq., 417, 434. Physician-patient privilege as extending to patient's medical or hospital records, 10 A.L.R.4th 552. 97 C.J.S. Witnesses §§ 293 to 314.
NM Stat § 14-6-2 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 6 - Health and Hospital Records|Section 14-6-2 - Hospital records; retention.

A. Unless provided otherwise in this section, a hospital shall retain and preserve all records directly relating to the care and treatment of a patient for a period of ten years following the last discharge of the patient. Retention and preservation of such records in microfilm or other photographically reproduced form shall be deemed compliance with this subsection and such reproduced and retained copies shall be deemed originals for the purposes of the rules of evidence promulgated by the supreme court of New Mexico. B. Laboratory test records and reports may be destroyed one year after the date of the test recorded or reported therein provided that one copy is placed in the patient's record. If a copy of the laboratory test records and reports is not placed in the patient's record, they may not be destroyed for a period of four years from the date of the test recorded or reported. C. X-ray films may be destroyed four years after the date of exposure, if there are in the hospital record written findings of a radiologist who has read such x-ray films. At any time after the third year after the date of exposure, and upon proper identification, the patient may recover his own x-ray films as may be retained pursuant to this section. Such written radiological findings shall be retained as provided in Subsection A of this section. D. At any time after the retention periods specified in Subsections A, B and C of this section, the hospital may, without thereby incurring liability, destroy such records, by burning, shredding or other effective method in keeping with the confidential nature of their contents; provided, however, that destruction of such records must be in the ordinary course of business and no record shall be destroyed on an individual basis. E. For the purposes of this section, "hospital" means an institution for the reception and care of the ill or infirm which is licensed by the health and social services department [department of health]. History: 1953 Comp., § 12-34-24, enacted by Laws 1977, ch. 371, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1977, ch. 253, § 5, abolished the health and social services department, and Laws 1977, ch. 253, § 4, established the health and environment department under former 9-7-4 NMSA 1978. Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978 and enacted a new 9-7-4 NMSA 1978, which created the department of health. Am. Jur. 2d, A.L.R. and C.J.S. references. — Medical malpractice: presumption or inference from failure of hospital or doctor to produce relevant medical records, 69 A.L.R.4th 906.
NM Stat § 14-6-3 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 6 - Health and Hospital Records|Section 14-6-3 - Access to medical records by applicants for disability benefits; violations.

A. Within thirty days of receiving a request from a patient or former patient who is applying for benefits based on social security disability or who is appealing a denial of such benefits or from an authorized representative of such a patient or former patient, a health care provider shall furnish the requestor with a copy of that patient's medical records. A fee as established by the department of health, may be charged by the health care provider to the requestor for the copies or for the service in obtaining the records. B. A request made pursuant to Subsection A of this section shall include a statement or document from the agency that administers the benefits that confirms the application or appeal. C. As used in this section: (1) "health care provider" means a person who is licensed, certified or otherwise authorized by law to provide or render health care in the ordinary course of business or practice of a profession and includes a facility employing, or contracting with, such a person; and (2) "medical records" means information in a medical or mental health patient file, including drug or alcohol treatment records, medical reports, clinical notes, nurses' notes, history of injury, subjective and objective complaints, test contents and results, interpretations of tests, reports and summaries of interpretations of tests and other reports, diagnoses and prognoses, bills, invoices, referral requests, consultative reports and reports of services requested by the health care provider. D. Nothing in this section shall be interpreted to grant access for a patient or patient's representative to medical records that are otherwise protected by law. E. The department of health shall enforce the provisions of this section and may impose a civil penalty in an amount not to exceed one hundred dollars ($100) for a violation of this section. The department may promulgate rules necessary for the implementation and enforcement of the provisions of this section, including a fee schedule by obtaining records as provided in Subsection A of this section for a patient who has a financial ability to pay. History: Laws 1999, ch. 206, § 1.
NM Stat § 14-7-1 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 7 - Financial Institution Records|Section 14-7-1 - Requiring notice of intent to gain access to records of financial institutions.

A. At least seven days prior to a state agency, board or commission requesting or gaining access to or copies of the records of a person, corporation, company or organization maintained by a bank, savings and loan association, small loan company or other similar financial institution, the agency, board or commission shall notify by certified or registered mail the person, corporation, company or other organization of its intent to gain access or acquire such records. B. The requirement of notice set forth in Subsection A of this section shall not apply to the audit of, compliance monitoring of or preparation of reports concerning any bank, savings and loan association, small loan company or other similar financial institution by a state agency, when conducted pursuant to the agency's statutory directive. C. The provisions of Subsection A of this section shall not apply to requests for records made pursuant to an administrative subpoena. In such instances, at least twenty-four hours' notice shall be given to the person, corporation, company or organization. History: 1953 Comp., § 48-10-13, enacted by Laws 1977, ch. 291, § 1; 2007, ch. 86, § 1. ANNOTATIONSThe 2007 amendment, effective November 1, 2007, provided that the notice requirement does not apply to compliance monitoring or preparation of reports concerning financial institutions by a state agency. Am. Jur. 2d, A.L.R. and C.J.S. references. — 73 C.J.S. Public Administrative Law and Procedure §§ 77 to 79, 82, 83.
NM Stat § 14-7-2 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 7 - Financial Institution Records|Section 14-7-2 - Requirements of state agencies, boards and commissions prior to access to a financial institution's records.

A. Prior to a state agency, board or commission receiving access to or copies of the records of a person, corporation, company or organization maintained by a bank, savings and loan association, small loan company or other similar financial institution, the agency, board or commission shall: (1) allow the institution forty-eight hours to comply with an administrative subpoena; (2) allow the institution to provide authenticated copies of original records rather than the original copies in response to an administrative subpoena; and (3) pay the institution the reasonable cost of production of such records including both the cost of materials and wages. B. The provisions of Subsection A of this section shall not apply to the audit of any bank, savings and loan association, small loan company or other similar financial institution by a state agency when conducted pursuant to the agency's statutory directive. History: 1953 Comp., § 48-10-14, enacted by Laws 1977, ch. 337, § 1.
NM Stat § 14-8-1 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 8 - Recording|Section 14-8-1 - County clerks to be recorders.

The county clerks of the different counties of this state shall be ex officio recorders in their respective counties. History: Laws 1855-1856, p. 18, § 1; C.L. 1865, ch. 88, § 1; C.L. 1884, § 429; C.L. 1897, § 776; Code 1915, § 4779; C.S. 1929, § 118-101; 1941 Comp., § 13-101; 1953 Comp., § 71-1-1; 2011, ch. 134, § 4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The 1915 Code compilers substituted "county clerks" for "clerks of the probate courts," apparently to correspond with N.M. Const., art. VI, § 22, providing that the county clerk shall act as probate clerk until otherwise provided by law. The 2011 amendment, effective July 1, 2011, made a stylistic change. Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Records and Recording Laws §§ 81, 83. 76 C.J.S. Records § 9 et seq.
NM Stat § 14-8-2 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 8 - Recording|Section 14-8-2 - County clerk; duty as recorder.

It is the duty of the county clerk to maintain permanently all documents that by law should be recorded. History: Laws 1855-1856, p. 18, § 2; C.L. 1865, ch. 88, § 2; C.L. 1884, § 430; C.L. 1897, § 777; Code 1915, § 4780; C.S. 1929, § 118-102; 1941 Comp., § 13-102; 1953 Comp., § 71-1-2; 2011, ch. 134, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For durability of records, see 14-8-7, 14-8-8 NMSA 1978. The 2011 amendment, effective July 1, 2011, required county clerks to maintain permanent records of documents that by law should be recorded. Applicability to boundary commission orders. — No specific language in the statutes regarding filing of boundary commission orders concerning annexation (Section 3-7-15(E) or 3-7-16(A) NMSA 1978) brings either statute within the requirement of recordation contained in Section 14-8-2; "filing" — used in the former statutes — and "recording" as those terms as known to the law are not synonymous. Town of Hurley v. N.M. Mun. Boundary Comm'n, 1980-NMSC-083, 94 N.M. 606, 614 P.2d 18. Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Records and Recording Laws §§ 84 to 86, 132, 133. 76 C.J.S. Records § 9 et seq.
NM Stat § 14-8-3 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 8 - Recording|Section 14-8-3 - Recording books.

When used in Chapter 14, Articles 1 through 5 and 8 through 10 NMSA 1978, "book" includes microfilm and digitized documents. History: 1953 Comp., § 71-1-2.1, enacted by Laws 1963, ch. 52, § 1; 2011, ch. 134, § 6. ANNOTATIONSCross references. — For microfilming of records, see 14-1-4 to 14-1-6 NMSA 1978. For provisions relating to reproduction on film under the Public Records Act, see 14-3-15 NMSA 1978. The 2011 amendment, effective July 1, 2011, included digitized documents in the definition of "book".
NM Stat § 14-8-5 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 8 - Recording|Section 14-8-5 - [Mining location notices; recording.]

All recordings of unacknowledged mining location notices and amended or additional notices made pursuant to Sections 69-3-1, 69-3-2, 69-3-12 or 69-3-21 [repealed] NMSA 1978, and the record thereof in the office of the county clerk, are hereby confirmed and made valid, the provisions of Section 14-8-4 NMSA 1978 notwithstanding; provided, however, existing or intervening rights of others are not affected. Hereafter, such notices need not be acknowledged but may be filed, recorded and considered of record if properly signed by the locator. History: 1953 Comp., § 71-1-3.1, enacted by Laws 1971, ch. 202, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1981, ch. 310, § 7 repealed 69-3-21 NMSA 1978, effective May 20, 1981.
NM Stat § 14-8-7 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 8 - Recording|Section 14-8-7 - Standards; durability requirements.

It is the duty of county clerks in this state in recording all instruments of writing that by law they are required to record to do so by a method that ensures permanency and durability. The county clerk of each county in the state shall provide, at the expense of the clerk's respective county, such books or technology as may be necessary and suitable in which to record notices, affidavits and other documents. History: Laws 1923, ch. 114, § 1; C.S. 1929, § 118-114; 1941 Comp., § 13-105; 1953 Comp., § 71-1-5; 2011, ch. 134, § 9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For protection of records, see 14-3-13 NMSA 1978. For provision that recording books include microfilm, see 14-8-3 NMSA 1978. The 2011 amendment, effective July 1, 2011, required county clerks to use a method of recording that ensures the permanency and durability of recorded instruments. Am. Jur. 2d, A.L.R. and C.J.S. references. — Photostatic or other method of recording instrument, 57 A.L.R. 159. Mutilations, alterations, and deletions as affecting admissibility in evidence of public record, 28 A.L.R.2d 1443. 76 C.J.S. Records 9 et seq.
NM Stat § 14-8-8 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 8 - Recording|Section 14-8-8 - Repealed.

History: Laws 1923, ch. 114, § 2; C.S. 1929, § 118-115; 1941 Comp., § 13-106; 1953 Comp., § 71-1-6; repealed by Laws 2011, ch. 134, § 24.ANNOTATIONSRepeals. — Laws 2011, ch. 134, § 24 repealed 14-8-8 NMSA 1978, as enacted by Laws 1923, ch. 114, § 2, relating to noncompliance with durability requirements and penalties, effective July 1, 2011. For provisions of former section, see the 2010 NMSA 1978 on NMOneSource.com.
NM Stat § 14-8-9 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 8 - Recording|Section 14-8-9 - Security of books of record; delivery to successors.

It is the duty of the county clerks to keep their books of record well secured, and when they leave office as clerks, they shall deliver them complete to their successors, including all necessary keys, combinations and passwords. History: Laws 1855-1856, p. 18, § 4; C.L. 1865, ch. 88, § 4; C.L. 1884, § 432; C.L. 1897, § 779; Code 1915, § 4782; C.S. 1929, § 118-104; 1941 Comp., § 13-107; 1953 Comp., § 71-1-7; 2011, ch. 134, § 10. ANNOTATIONSThe 2011 amendment, effective July 1, 2011, required county clerks to deliver keys, combinations and passwords to their successors.
NM Stat § 14-8-10 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 8 - Recording|Section 14-8-10 - County clerks; failure to perform duties as recorder.

For failure to comply with the responsibilities and duties in Chapter 14, Article 8 NMSA 1978, each county clerk is responsible on the clerk's official bond for damages suffered by the injured party. History: Laws 1855-1856, p. 18, § 5; C.L. 1865, ch. 88, § 5; C.L. 1884, § 433; C.L. 1897, § 780; Code 1915, § 4783; C.S. 1929, § 118-105; 1941 Comp., § 13-108; 1953 Comp., § 71-1-8; Laws 1965, ch. 97, § 1; 2011, ch. 134, § 11. ANNOTATIONSCross references. — For provision requiring fees to be paid in advance of filing or recording, see 14-8-15 NMSA 1978. The 2011 amendment, effective July 1, 2011, eliminated the former list of recording fees. Fee for certificate and seal controlling. — This section is controlling and in direct conflict with 14-8-13 NMSA 1978, and the fee which it sets out for each certificate and seal to documents recorded is the proper fee to be charged by county clerks. 1967 Op. Att'y Gen. No. 67-53. County clerks must charge for certified copies of public records requested by the American Red Cross. 1943 Op. Att'y Gen. No. 43-4221.
NM Stat § 14-8-11 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 8 - Recording|Section 14-8-11 - Repealed.

History: Laws 1939, ch. 179, § 1; 1941 Comp., § 13-109; 1953 Comp., § 71-1-9; 1978 Comp., § 14-8-11, repealed by Laws 2011, ch. 134, § 24.ANNOTATIONSRepeals. — Laws 2011, ch. 134, § 24 repealed 14-8-11 NMSA 1978, as enacted by Laws 1939, ch. 179, § 1, relating to standard form of instruments, effective July 1, 2011. For provisions of former section, see the 2010 NMSA 1978 on NMOneSource.com.
NM Stat § 14-8-12 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 8 - Recording|Section 14-8-12 - Repealed.

History: Laws 1939, ch. 179, § 2; 1941 Comp., § 13-110; Laws 1941, ch. 22, § 1; 1953 Comp., § 71-1-10; Laws 1953, ch. 51, § 1; 1955, ch. 213, § 1; 1957, ch. 95, § 1; 1959, ch. 253, § 2; 1977, ch. 179, § 5; 1979, ch. 185, § 1; 1980, ch. 48, § 1; 1985, ch. 122, § 1; 1978 Comp., § 14-2-12, repealed by Laws 2008, ch. 66, § 3.ANNOTATIONSRepeals. — Laws 2008, ch. 66, § 3 repealed 14-8-12 NMSA 1978, as enacted by Laws 1939, ch. 179, § 2, relating to recording fees when instrument was not photocopied, effective May 14, 2008. For provisions of former section, see the 2007 NMSA 1978 on NMOneSource.com.
NM Stat § 14-8-12.1 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 8 - Recording|Section 14-8-12.1 - Temporary provision; validation.

Any instrument received for recording after June 16, 1977 and before the effective date of this act and which would have been validly filed but for the provisions of Laws 1979, Chapter 185, Section 1, Subsection D or Laws 1977, Chapter 179, Section 5, Subsection D shall be conclusively presumed to have been validly filed on the date received for recording. History: Laws 1980, ch. 48, § 2. ANNOTATIONSCompiler's notes. — The phrase "effective date of the act" means February 28, 1980, the effective date of Laws 1980, Chapter 48. Laws 1979, ch. 185, § 1, Subsection D, and Laws 1977, ch. 179, § 5, Subsection D, both referred to in this section, both amended 14-8-12D NMSA 1978, which was deleted by Laws 1985, ch. 122, § 1. Cross references. — For effect of filing for record, see 14-9-4 NMSA 1978.
NM Stat § 14-8-12.2 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 8 - Recording|Section 14-8-12.2 - County clerk recording and filing fund; uses.

A. A "county clerk recording and filing fund" is established in each county. B. Expenditures from the county clerk recording and filing fund shall be determined annually by the county clerk and approved by the board of county commissioners.C. Expenditures from the county clerk recording and filing fund may be expended only:(1) to rent, purchase, lease or lease-purchase recording equipment and for supplies, training and maintenance for such equipment;(2) to rent, purchase, lease or lease-purchase vehicles associated with all regular duties in the county clerk's office and for supplies, training and maintenance for such vehicles, provided that the county clerk shall report annually to the board of county commissioners the usage, mileage and necessity of any vehicle acquired pursuant to this paragraph;(3) for technical assistance or for training associated with all regular duties of the county clerk's office; or(4) for staff travel associated with all regular duties of the county clerk's office pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. History: 1978 Comp., § 14-8-12.2, enacted by Laws 1985, ch. 122, § 2; 1987, ch. 288, § 1; 1994, ch. 28, § 1; 1995, ch. 26, § 1; 2002, ch. 97, § 1; 2008, ch. 66, § 1; 2011, ch. 134, § 12; 2019, ch. 130, § 2. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, removed an allowed expenditure from the county clerk recording and filing fund; and in Subsection C, deleted Paragraph C(2) and redesignated former Paragraphs C(3) through C(5) as Paragraphs C(2) through C(4), respectively.The 2011 amendment, effective July 1, 2011, eliminated the former list of recording fees and authorized payment of staff travel from the county clerk recording and filing fund. The 2008 amendment, effective May 14, 2008, in Subsection C, deleted the former limitation on expenditures of the county clerk recording and filing fund and added Subsection E. The 2002 amendment, effective May 15, 2002, in the last sentence of Subsection B, raised the maximum equipment recording fee and deleted an exception for class A counties. The 1995 amendment, effective June 16, 1995, in the second sentence of Subsection C, inserted "rent" and "lease or lease-purchase" and added the language beginning "and for staff" at the end of the sentence. The 1994 amendment, effective May 18, 1994, designated the previously undesignated language as Subsection A, added Subsections B to D and made minor stylistic changes. The 1987 amendment, effective June 19, 1987, increased the fees from three dollars and one dollar to five dollars and two dollars respectively, and added "of the same instrument" at the end of the section.