New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 17 - MANAGEMENT OF MEDICAL RECORDS › Section 16.10.17.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Electronic
				medical billing" means all data defined in Subsection D of this section that is
				kept by computer hard drive or disk, server hard drives or other media which is
				printer capable upon request.
B.
				"Electronic medical records" means all information contained in Subsection E of
				this section that is kept by computer hard drive or disk, server hard drives or
				other media, which is printer capable upon request.
C. "Group practice" means an association of
				providers who practice jointly. Providers need not be of the same specialty;
				however, they shall practice under a common entity. Group practice does not
				include any government agency or non-profit organization that employs
				providers.
D. "Medical billing"
				means all data kept by a physician to procure payment including, but not
				limited to, claims processing, forms, submissions, correspondence, and
				accounting ledgers.
E. "Medical
				record" means all information maintained by a physician relating to the past,
				present or future physical or mental health of a patient, and for the provision
				of health care to a patient. This information includes, but is not limited to:
				the physician's notes; reports and summaries; x-rays and laboratory results;
				other diagnostic test results. A patient's complete medical record includes
				information generated and maintained by the physician, as well as information
				provided to the physician by the patient, by any other physician who has
				consulted with or treated the patient, and other information acquired by the
				physician about the patient in connection with the provision of health care to
				the patient. Medical record does not include medical billing, insurance forms
				or correspondence related thereto.
F. "Established physician- or physician
				assistant-patient relationship" means a relationship between a physician or
				physician assistant and a patient that is for the purpose of maintaining the
				patient's well-being. At a minimum, this relationship is established by an
				interactive encounter between patient and physician or physician assistant
				involving an appropriate history and physical or mental status examination
				sufficient to make a diagnosis and to provide, prescribe or recommend
				treatment, with the informed consent from the patient and availability of the
				physician or physician assistant or coverage for the patient for appropriate
				follow-up care. A medical record must be generated by the encounter.
G. "Psychotherapy notes" means notes recorded
				in any medium by a health care provider who is a mental health professional
				documenting or analyzing the contents of conversation during a private
				counseling session or a group, joint, or family counseling session and that are
				separated from the rest of the individual's medical record. Psychotherapy notes
				exclude information that is found in the medical record, including medication
				prescription and monitoring, counseling session start and stop times, the
				modalities and frequencies of treatment furnished, results of clinical tests
				and any summary of the following items: diagnosis, functional status, the
				treatment plan, symptoms, prognosis and progress to date. To meet the
				definition of psychotherapy notes, the information must be separated from the
				rest of the individual's medical record.