New Mexico Register / Volume XXXIII, Issue 24 / December 27, 2022

This is an amendment of 16.2.12 NMAC, Sections 19 and 20, effective 12/27/2022.

16.2.12.19 FAILURE TO KEEP RECORDS: Pursuant to Paragraph (5) of Subsection A of Section 61-14A-17 NMSA 1978, a doctor of oriental medicine, temporary licensee, extern, educational program or applicant for approval of an educational program shall be guilty of unprofessional conduct who fails to keep written records reflecting the course of treatment of the patient for a period of at least seven years from the date of each service.

[16.2.12.19 NMAC - Rp, 16.2.12.19 NMAC, 2/11/2022; A, 12/27/2022]

16.2.12.20 FAILURE TO PROVIDE RECORDS TO PATIENT: Pursuant to the Act, Paragraph (5) of Subsection A of Section 61-14A-17 NMSA 1978, a doctor of oriental medicine, temporary licensee, extern, educational program or applicant for approval of an educational program shall be guilty of unprofessional conduct who fails to make available to a patient or client, upon request, copies of patient records in their possession, or under their control that have been prepared for and paid for by the patient or client. The patient records must be provided to the patient or client within 30 days of the written request, except as authorized or required by the Federal (Health Insurance Portability and Accountability Act (HIPAA).

[16.2.12.20 NMAC - Rp, 16.2.12.20 NMAC, 2/11/2022; A, 12/27/2022]