HB 279 — HEALTHCARE PRIVACY & SAFETY PROTECTIONS

w l n d 18 [G.] J.

"health care group purchaser" means a = = 19 a l person who is licensed, certified or otherwise authorized or i a e r 20 permitted by the New Mexico Insurance Code to pay for or a t m m 21 purchase health care on behalf of an identified individual or d r e 22 group of individuals, regardless of whether the cost of c e s k 23 coverage or services is paid for by the purchaser or the e a n b 24 persons receiving coverage or services, and includes a u [ contractor or an employee of a health care group purchaser;

.232920.4GLG - 4 - [H.] K.

"health care information" means any information, whether oral or recorded in any form or medium, related to the past, present or future physical or mental health or condition of an individual;

the provision of health care to an individual;

or the past, present or future payment for the provision of health care to an individual, and includes health care claims and other administrative data from a provider, a health care institution, a health care group purchaser or an electronic health care service provider;

[I.] L.

"health care institution" means an institution, facility or agency licensed, certified or otherwise authorized or permitted by law to provide health care in the ordinary course of business and includes a contractor or an employee of a health care institution;

M.

"health care service plan" means a plan that arranges for the provision of health care to subscribers or e t 17 enrollees, or for the payment or reimbursement of any part of w l n d 18 the cost for that health care, in return for a prepaid or = = 19 a l periodic charge paid by or on behalf of the subscribers or i a e r 20 enrollees and includes a contractor or an employee of the a t m m 21 health care service plan;

d r e 22 [J.] N.

"health information exchange" means an c e s k 23 arrangement among persons participating in a defined secure e a n b 24 electronic network service, such as a regional health u [ information organization, that allows the sharing of health .232920.4GLG - 5 - care information about individual patients among different health care institutions or unaffiliated providers, and includes a contractor or an employee of a health information exchange.

The use of an electronic medical record system by a health care provider, by or within a health care institution or by an organized health care arrangement as defined by the federal Health Insurance Portability and Accountability Act of 1996 does not constitute a health information exchange;

[K.] O.

"information" means data, including text, images, sounds and codes and computer programs, software and databases;

P.

"medical record" means any record of an individual patient's health care information that may contain demographic information;

Q.

"protected health care activity" means:

(1) seeking, receiving or providing e t 17 reproductive health care or gender-affirming health care;

or w l n d 18 (2) assisting an individual who is seeking, = = 19 a l receiving or providing reproductive health care or gender- i a e r 20 affirming health care, including by providing information, a t m m 21 transportation, lodging or material support;

d r e 22 [L.] R.

"provider" means an individual who is c e s k 23 licensed, certified or otherwise authorized or permitted by law e a n b 24 to provide health care in the ordinary course of business or u [ practice of a profession;

.232920.4GLG - 6 - [M.] S.

"record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

[N.] T.

"record locator service" means an information service that contains demographic information and the location of health care information of a specified individual across different health care institutions or unaffiliated providers that participate in the service and includes a contractor or an employee of a record locator service.

The use of an electronic medical record system by a health care provider or by an organized health care arrangement as defined by the federal Health Insurance Portability and Accountability Act of 1996 does not constitute a record locator service;

[and] U.

"reproductive health care" means psychological, e t 17 behavioral, surgical, pharmaceutical or medical care, services w l n d 18 or supplies that relate to the human reproductive system.

= = 19 a l "Reproductive health care" includes services related to:

i a e r 20 (1) abortion;

a t m m 21 (2) pregnancy prevention;

d r e 22 (3) managing the loss of a pregnancy;

c e s k 23 (4) prenatal, perinatal and postpartum health;

e a n b 24 (5) managing perimenopause and menopause;

u [ (6) managing fertility and infertility;

.232920.4GLG - 7 - (7) treating cancers of the reproductive system;

and (8) preventing sexually transmitted infections;

and [O.] V.

"treatment" means the provision, coordination or management of health care and related services by one or more providers, including the coordination or management of health care by a provider with a third party;

consultation between providers relating to an individual;

or the referral of an individual for health care from one provider to another." SECTION 3.

Section 24-14B-6 NMSA 1978 (being Laws 2009, Chapter 69, Section 6, as amended) is amended to read:

"24-14B-6.

USE AND DISCLOSURE OF ELECTRONIC HEALTH CARE INFORMATION.-- A.

A provider, a health care institution, a health e t 17 information exchange, [or] a health care group purchaser or an w l n d 18 electronic health care service provider shall not use or = = 19 a l disclose health care information in an individual's electronic i a e r 20 medical record to another person without the consent of the a t m m 21 individual except as allowed by state or federal law.

d r e 22 B.

A provider, a health care institution, [or] a c e s k 23 health care group purchaser or an electronic health care e a n b 24 service provider may disclose demographic information and u [ information about the location of an individual's electronic .232920.4GLG - 8 - medical records to a record locator service in accordance with state or federal law.

A provider or health care institution participating in a health information exchange using a record locator service shall not have access to demographic information, information about the location of the individual's electronic medical records or information in an individual's electronic medical record except in connection with the treatment of the individual or as permitted by the consent of the individual or as otherwise permitted by state or federal law.

A healthparty informationthat exchangeomits or ansubmits electronica medicalfalse recordattestation systempursuant operatingto inthis thesection stateshall thatbe electronicallysubject storesto orthe maintainse electronict medical17 records,jurisdiction health-insurance-relatedof claims,the paymentscourts or other administrative data on behalf of anthis electronicstate healthin care service provider, a providersuit orfor adamages, health care service plan e t 17 shall, on or before July 1, 2028, develop capabilities, w l n d 18 policiespenalties andor proceduresboth thatarising allowout forof andthe ensureomission thator thefalse = = 19 aattestation. l health information exchange or electronic medical record i a e r 20 system:

aA tcourt mshall massess 21a (1)statutory allowspenalty segregation of anten individual'sa dl ri a e 22r health20 carethousand informationdollars related($10,000) toper reproductiveviolation healthif carethe andcourt cfinds ethe sa kt 23m gender-affirmingm health21 careomission fromor thefalse restattestation ofwas themade individual'sintentionally, ed ar ne b22 24knowingly, healthwillingly careor information;recklessly.

uc [e (2)s allowsk for23 anD. individual to provide .232920.4GLG - 9 - written authorization to allow or disallow access to the individual's segregated records related to reproductive health care and gender-affirming health care;

andA (3)covered limitsentity accessor privilegesbusiness ofassociate, aas usere ofa electronicn medicalb records24 systemsdefined thatin containthe medicalfederal recordsHealth relatedInsurance toPortability reproductive health care and gender-affirmingu health[ careAccountability toAct onlyof those1996 personsand orrelated entitiesregulations, foroperating whom.233920.1 the- individual2 has- providedHHHC/HB written279 authorizationin forthe access.state shall:

[C.](1) D.not release an individual's reproductive health care or gender-affirming health care information in response to a foreign request, including a foreign subpoena, summons or other civil, criminal or regulatory inquiry or investigation request, if the covered entity or business associate knows or has reason to believe that the request is based on another state's law that interferes with a protected health care activity or with a person's rights under the Reproductive and Gender-Affirming Health Care Freedom Act or the Reproductive and Gender-Affirming Health Care Protection Act, unless:

A(a) recordthe locatorindividual servicewhose shallhealth maintaincare aninformation auditis logthe subject of personsthe obtainingrequest, accesssubpoena, tosummons, informationinquiry inor theinvestigation recordrequest locatorconsents service,to whichthe auditrelease logof shallthe contain,individual's athealth acare minimum,information; information on:

(1)or thee identityt 17 (b) release of the personhealth obtainingcare accessw tol then information;d 18 information is ordered by a court of competent jurisdiction or = = 19 otherwise required by federal or state law;

a l i a e r 20 (2) themake identitya ofreasonable theeffort to notify an a t m m 21 individual whose health care information wasis obtained;the subject of a d r e 22 request described in Paragraph (1) of this subsection of the c e s k 23 existence of the request within thirty days of receipt of the e a n b 24 request;

eand tu 17[ (3) themake locationa fromreasonable whicheffort to notify each .233920.1 - 3 - HHHC/HB 279 provider that rendered reproductive health care or gender- affirming health care as documented in the health care information wsought lin nthe drequest 18described wasin obtained;Paragraph (1) of this subsection of the existence of the request within thirty days of receipt of the request.

=E. = 19 a l (4) the specific information obtained;

andA icovered aentity eor rbusiness 20associate, (5)as defined in the datefederal thatHealth theInsurance Portability and Accountability Act of 1996, shall not be subject to civil, criminal or administrative liability or professional disciplinary action for refusing to disclose health care information wasin aaccordance twith mSubsection mD 21of obtained.this section." SECTION 2.

d r e 22 [D.] E.

The audit log shall be made available by a c e s k 23 health information exchange on the request of an individual e a n b 24 whose health care information is the subject of the audit log;

u [ provided, however, that the audit log made available to the .232920.4GLG - 10 - individual shall include only information related to that individual.

The audit log shall be made available to the requesting individual annually for a fee not to exceed twenty- five cents ($.25) per page as established by the [department of] health care authority.

[E.] F.

A record locator service shall provide a mechanism under which individuals may exclude their demographic information and information about the location of their electronic medical records from the record locator service.

A person operating a record locator service or a health information exchange that receives an individual's request to exclude all of the individual's information from the record locator service is responsible for removing that information from the record locator service within thirty days.

An individual's request for exclusion of information shall be in writing and shall include a waiver of liability for any harm e t 17 caused by the exclusion of the individual's information.

w l n d 18 [F.] G.

When information in an individual's = = 19 a l electronic medical record is requested using a record locator i a e r 20 service or a health information exchange:

a t m m 21 (1) the requesting provider or health care d r e 22 institution shall warrant that the request is for the treatment c e s k 23 of the individual, is permitted by the individual's written e a n b 24 authorization or is otherwise permitted by state or federal u [ law;

and .232920.4GLG - 11 - (2) the person disclosing the information may rely upon the warranty of the person making the request that the request is for the treatment of the individual, is permitted with the consent of the individual or is otherwise permitted by state or federal law.

H.

Notwithstanding any other provision of law, a provider, a health care service plan, a health care group purchaser, a health information exchange or an electronic health care service provider shall:

(1) not release an individual's health care information in response to a request, including a foreign subpoena, summons or other civil, criminal or regulatory inquiry or investigation request, if the provider, health care service plan, health care group purchaser, health information exchange or electronic health care service provider knows or has reason to believe that the request is based on another e t 17 state's law that interferes with a protected health care w l n d 18 activity or with a person's rights under the Reproductive and = = 19 a l Gender-Affirming Health Care Freedom Act or the Reproductive i a e r 20 and Gender-Affirming Health Care Protection Act;

a t m m 21 (2) notify an individual whose health care d r e 22 information is the subject of a request described in Paragraph c e s k 23 (1) of this subsection of the existence of the request within e a n b 24 thirty days of receipt of the request;

and u [ (3) notify each provider that rendered .232920.4GLG - 12 - reproductive health care or gender-affirming health care as documented in the health care information sought in a request described in Paragraph (1) of this subsection of the existence of the request within thirty days of receipt of the request.

I.

A provider, a health care service plan, a health care group purchaser, a health information exchange or an electronic health care service provider shall not be subject to any civil, criminal or administrative liability or professional disciplinary action for refusing to disclose health care information in accordance with Subsection H of this section.

[G.] J.

Notwithstanding any other provision of law, information in an individual's electronic medical record may be disclosed:

(1) to a provider that has a need for information about the individual to treat a condition that poses an immediate threat to the life of any individual and e t 17 that requires immediate medical attention;

w l n d 18 (2) except as provided in the Electronic = = 19 a l Medical Records Act, to a record locator service or a health i a e r 20 information exchange for the development and operation of the a t m m 21 record locator service and the health information exchange;

and d r e 22 (3) to a provider, health care institution or c e s k 23 health care group purchaser for treatment, payment or health e a n b 24 care operation activities, in compliance with the federal u [ Health Insurance Portability and Accountability Act of 1996 and .232920.4GLG - 13 - the regulations promulgated pursuant to that act, and if applicable, in compliance with 42 U.S.C.

Section 290dd-2 and the regulations promulgated pursuant to that section.

[H.] K.

For the purposes of this section, "health care operation activities" includes administrative, financial, legal and quality improvement activities of a covered entity that are necessary to conduct business and to support the core functions of treatment and payment and are limited to the activities listed in the definition of "health care operations" at 45 C.F.R.

164.501." SECTION 4.

Section 24-14B-7 NMSA 1978 (being Laws 2009, Chapter 69, Section 7) is amended to read:

"24-14B-7.

LIABILITY.--If an individual requests to exclude all of the individual's information from the record locator service pursuant to Subsection [E] F of Section [6 of the Electronic Medical Records Act] 24-14B-6 NMSA 1978, the e t 17 record locator service, health information exchange, health w l n d 18 care institution or provider shall not be liable for any harm = = 19 a l to the individual caused by the exclusion of the individual's i a e r 20 information." a t m m 21 SECTION 5.

A new section of the Electronic Medical d r e 22 Records Act, Section 24-14B-11 NMSA 1978, is enacted to read:

c e s k 23 "24-14B-11.

[NEW MATERIAL] ENFORCEMENT.-- e a n b 24 A.

A health information exchange or an electronic u [ medical record system determined to be in violation of the .232920.4GLG - 14 - Electronic Medical Records Act shall be:

(1) subject to injunctive relief to cease or correct the violation;

(2) liable for a civil penalty of not more than two thousand five hundred dollars ($2,500) for each negligent violation;

or (3) liable for a civil penalty of not more than ten thousand dollars ($10,000) for each intentional violation.

B.

The attorney general or a district attorney may institute a civil action in district court if the attorney general or district attorney has reasonable cause to believe that a violation of the Electronic Medical Records Act has occurred or to prevent a violation of that act." SECTION 6.

A new section of the Electronic Medical Records Act, Section 24-14B-12 NMSA 1978, is enacted to read:

e t 17 "24-14B-12.

[NEW MATERIAL] VIOLATIONS--REMEDIES.--In w l n d 18 addition to any other remedies available by law, an individual = = 19 a l who claims to have suffered a loss or a deprivation of a right i a e r 20 under the Electronic Medical Records Act may maintain an action a t m m 21 to establish liability and to recover damages and equitable or d r e 22 injunctive relief in a New Mexico district court." c e s k 23 SECTION 7.

Section 24-35-1 NMSA 1978 (being Laws 2023, e a n b 24 Chapter 167, Section 1) is amended to read:

u [ "24-35-1.

SHORT TITLE.--[Sections 1 through 8 of this .232920.4GLG - 15 - act] Chapter 24, Article 35 NMSA 1978 may be cited as the "Reproductive and Gender-Affirming Health Care Protection Act"." SECTION 8.

Section 24-35-6 NMSA 1978 (being Laws 2023, Chapter 167, Section 6) is amended to read:

"24-35-6.

HEIGHTENED PROTECTION FOR ELECTRONICALLY TRANSMITTED INFORMATION RELATED TO A PROTECTED HEALTH CARE ACTIVITY.-- A.

For purposes of this section, "third party" means an individual or entity who transmits information related to a protected health care activity, in the normal course of business, in an electronic format.

"Third party" does not mean a covered entity or business associate as defined by the federal Health Insurance Portability and Accountability Act of 1996 and related regulations.

B.

It shall be a violation of the Reproductive and e t 17 Gender-Affirming Health Care Protection Act to request from a w l n d 18 third party, or for a third party to transmit, information = = 19 a l related to an individual's or entity's protected health care i a e r 20 activity with the intent to:

a t m m 21 (1) identify or track an individual engaged in d r e 22 a protected health care activity;

c e s k 23 [(1)] (2) harass, humiliate or intimidate that e a n b 24 individual or entity;

u [ [(2)] (3) incite another to harass, humiliate .232920.4GLG - 16 - or intimidate that individual or entity;

[(3)] (4) cause that individual to reasonably fear for that individual's own or family members' safety;

[(4)] (5) cause that individual to suffer unwanted physical contact or injury;

[(5)] (6) cause that individual to suffer substantial emotional distress;

or [(6)] (7) deter, prevent, sanction or penalize an individual or entity for engaging in a protected health care activity.

C.

This section shall not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of New Mexico." SECTION 9.

"[NEW MATERIAL] HEALTH AND LOCATION DATA PRIVACY.-- e t 17 A.

Except as provided in this section, it is w l n d 18 unlawful to geofence a health care facility or the offices and =e =t 1917 a l treatment rooms or other facilities of a private licensed iw al en rd 2018 provider of reproductive health care or gender-affirming health a= t= m19 m 21 care to:

da rl i a e 22r 20 (1) identify or track a person engaged in a ca et sm km 2321 protected health care activity;

ed ar ne b22 24 (2) collect, use, disclose, sell, share or uc [e s k 23 retain personal data from a person engaged in a protected .232920.4GLGe -a 17n -b 24 health care activity;

or u [ (3) send notifications or advertisements to a .233920.1 - 4 - HHHC/HB 279 person related to the person's personal data or the person's reproductive health care or gender-affirming health care.

A statement signed under penalty of perjury made by a person authorized to enter into an agreement on behalf of a third party that receives personal data that affirms that personal data received will not be used for a purpose prohibited by Subsection B of this section shall be prima facie e t 17 evidence that the personal data was not sold or shared in w l n d 18 violation of Subsection B of this section.

=e =t 1917 a l D.

Nothing in this section shall be construed to iw al en rd 2018 prohibit a person that owns, operates, manages or otherwise a= t= m19 m 21 provides services to an in-person health care facility from da rl i a e 22r 20 geofencing the facility's own location, including offices and ca et sm km 2321 treatment rooms of a private licensed health care provider:

ed ar ne b22 24 (1) to provide necessary health care services, uc [e s k 23 including the use of location-based alarm devices to monitor .232920.4GLGe -a 18n -b 24 newborns and memory-impaired individuals;

or u [ (2) for the purpose of providing security .233920.1 - 5 - HHHC/HB 279 services to protect patients, staff or property.

e t 17 H.

w l n d 18 (1) "collect" means to rent, gather, obtain, =e =t 1917 a l receive or access by any means a person's personal data, iw al en rd 2018 including receiving a person's personal data directly from the a= t= m19 m 21 person, actively or passively, or by observing the person's da rl i a e 22r 20 behavior;

ca et sm km 2321 (2) "geofence" means any technology that ed ar ne b22 24 enables spatial or location detection to establish a virtual uc [e s k 23 boundary around, and detect an individual's presence within, a .232920.4GLGe -a 19n -b 24 precise geolocation;

u [ (3) "personal data" means information, .233920.1 - 6 - HHHC/HB 279 including derived data, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable natural person, and includes:

e t 17 (e) data describing or revealing the w l n d 18 past, present or future mental or physical health or condition =e =t 1917 a l or status of a natural person;

iw al en rd 2018 (f) data revealing gender, gender a= t= m19 m 21 identity, sex or sexual orientation;

da rl i a e 22r 20 (g) religious affiliation;

ca et sm km 2321 (h) union membership;

or ed ar ne b22 24 (i) precise geolocation;

uc [e s k 23 (4) "precise geolocation" means a geographic .232920.4GLGe -a 20n -b 24 area that is equal to or less than the area of a circle with a u [ radius of two thousand feet as derived from a device that is .233920.1 - 7 - HHHC/HB 279 used or intended to be used to locate a person;

and (5) "share" means to provide, rent, release, disclose, disseminate, make available, transfer or otherwise communicate, whether orally, in writing or by electronic or other means, a person's personal data, regardless of whether monetary or other consideration is provided for the data." SECTION 10.3.

(1) acute care general hospitals throughout New Mexico operate emergency departments and provide vital emergency medical services to patients requiring immediate e t 17 medical care;

and w l n d 18 (2) federal and state laws require hospitals =e =t 1917 a l that operate an emergency department to provide certain iw al en rd 2018 emergency services and care to any person, regardless of that a= t= m19 m 21 person's ability to pay.

Accordingly, these hospitals da rl i a e 22r 20 encounter significant financial losses when treating uninsured ca et sm km 2321 or underinsured patients.

ed ar ne b22 24 B.

uc [e s k 23 (1) "emergency medical condition"condition": means:

.232920.4GLGe -a 21n -b 24 (a) means a medical or behavioral health u [ condition manifesting itself by acute symptoms of sufficient .233920.1 - 8 - HHHC/HB 279 severity, including severe pain, such that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect that the absence of immediate medical attention may result in:

(b) withmeans respectinadequate time to effectuate a safe transfer of a pregnant person who is experiencing contractions,contractions inadequate time to effectuate a safe transfer to another facility before delivery,delivery or that transferring the patient experiencing contractions may pose a threat to the health or safety of the patient,patient; and includes:

active(c) labor;includes, when the absence of immediate medical attention could reasonably be expected to result in placing the health of a patient in serious jeopardy, serious impairment to bodily functions or serious dysfunction of any bodily organ or part, a complication resulting from:

an1) e t 17 pregnancy, including ectopic pregnancy;

a2) complicationpregnancy resultingloss; from pregnancy;

pregnancy3) loss;w l n d 18 attempted termination of pregnancy;

attempted4) terminationstill ofbirth; pregnancy;

risk5) tofetal future= fertility;= 19 demise;

previable,6) pretermrisk orto prematurefuture rupturefertility; of e t 17 membranes;

risk7) previable, preterm or a l i a e r 20 premature rupture of infection;membranes;

cervical8) insufficiency;risk of infection;

and9) w l n d 18 emergent hypertensive disorders when the absence of immediate = = 19 a l medical attention could reasonably be expected to result in i a e r 20 placing the health of the patient in serious jeopardy, serious a t m m 21 impairmentcervical toinsufficiency; bodily functions or serious dysfunction of any d r e 22 bodily organ or part;

andor c10) eemergent shypertensive kdisorders; 23 (c) any other condition a health care e a n b 24 practitioner acting within the practitioner's lawful scope of u [ practice determines, in the practitioner's reasonable medical .232920.4GLG - 22 - judgment, to be an emergency medical condition;

d r e 22 and c e s k 23 (d) means any other condition a health e a n b 24 care practitioner acting within the practitioner's lawful scope u [ of practice determines, in the practitioner's reasonable .233920.1 - 9 - HHHC/HB 279 medical judgment, to be an emergency medical condition;

and w l n d 18 (4) "stabilize" means to provide medical = = 19 a l treatment that may be necessary to ensure, within reasonable a l i a e r 20 medical probability, that no material deterioration of the a t m m 21 patient's condition, serious impairment of bodily functions or d r e 22 dysfunction of any bodily organ or part or a threat to the c e s k 23 patient's life is likely to result from or occur during the e a n b 24 transfer or discharge of the patient.

The authority shall issue a license to an acute- .232920.4GLG.233920.1 - 2310 - HHHC/HB 279 care or general hospital or a limited services hospital that agrees to:

(c) the transfer of a patient to another medical facility in accordance with the hospital's written policies and procedures for transferring a patient to an e t 17 appropriate facility when the patient's medical status w l n d 18 indicates the need for emergency care that the facility cannot = = 19 a l provide;

a l i a e r 20 (d) the provision of an abortion or a t m m 21 sterilization procedures when a patient has an emergency d r e 22 medical condition and an abortion or sterilization procedures c e s k 23 are necessary to stabilize the patient and the provision of e a n b 24 which is within the capability of the staff and facilities u [ available at the facility;

and .232920.4GLG.233920.1 - 2411 - HHHC/HB 279 (e) other services as determined by the authority;

w l n d 18 (a) a hospital may appeal the = = 19 a l determination of the authority as a final agency decision as a l i a e r 20 provided in Section 39-3-1.1 NMSA 1978;

e a n b 24 and u [ (6) require a health care provider to disclose .232920.4GLG.233920.1 - 2512 - HHHC/HB 279 a financial interest before referring a patient to the hospital." SECTION 11.4.

Practitioners licensed in this state may = = 19 a l prescribe, provide samples of and dispense any dangerous drug a l i a e r 20 to a patient where there is a valid practitioner-patient a t m m 21 relationship.

It is the duty e a n b 24 of every licensed physician, dentist, veterinarian, pharmacist u [ or person holding a limited license issued under Subsection B .232920.4GLG.233920.1 - 2613 - HHHC/HB 279 of Section 61-11-14 NMSA 1978, when dispensing any dangerous drug, to mark on the dispensing container the name of the patient, the date dispensed, the name and address of the person dispensing the drug, the name and strength of the drug, expiration date where applicable, adequate directions for use and the prescription number when applicable.

If a practitioner makes such a request, the w l n d 18 dispensing container shall not be marked with the prescribing = = 19 a l practitioner's personal name or address.

a l i a e r 20 [C.] D.

It is the e a n b 24 duty of all pharmacists to keep an accurate record of all u [ disposals, which record shall be open to inspection by an .232920.4GLG.233920.1 - 2714 - HHHC/HB 279 enforcement officer of this state.

provided that = = 19 a l records requirements do not apply to the administration of a a l i a e r 20 drug to a patient upon whom the practitioner personally a t m m 21 attends;

u [ (1) as a refill if it is marked by the issuing .232920.4GLG.233920.1 - 2815 - HHHC/HB 279 practitioner to indicate that the prescription is not to be refilled;

and 4) w l n d 18 amount dispensed if different from the amount indicated on the = = 19 a l original prescription.

a l i a e r 20 [H.] I.

provided, that if such .232920.4GLG.233920.1 - 2916 - HHHC/HB 279 drugs bear the legend:

A pharmacist may dispense a quantity not to = = 19 a l exceed a ninety-day supply of a dangerous drug by combining a l i a e r 20 valid fills when:

When the practitioner indicates on the .232920.4GLG.233920.1 - 3017 - HHHC/HB 279 original prescription calling for dangerous drugs that it may be filled "prn", the pharmacist may fill it within the limits of the dosage directions for a period of twelve months;

As used in this section, "fill" means a e t 17 dispensing of a drug for the first time or as a refill." w l n d 18 SECTION 12.5.

Section 40-13B-2 NMSA 1978 (being Laws 2018, = = 19 a l Chapter 40, Section 2) is amended to read:

a l i a e r 20 "40-13B-2.

"applicant" means a person who submits an u [ application to participate in the confidential substitute .232920.4GLG.233920.1 - 3118 - HHHC/HB 279 address program;

"protected health care provider" means a natural w l n d 18 person engaged in athe protectedprovision of reproductive health care activityor as defined = = 19 agender-affirming lhealth care as defined in the Reproductive and Gender-Affirminga Healthl Care Protection i a e r 20 ActGender-Affirming throughHealth theCare person'sProtection provisionAct; of or aid in the provision a t m m 21 of reproductive health care or gender-affirming health care;

da rt em 22m 21 [H.] I.

"public record" means "public records", as cd r e s22 k 23 defined in the Inspection of Public Records Act;

and c e as nk b23 24 [I.] J.

"residential address" means the street ue [a n b 24 address where an applicant or participant resides or will .232920.4GLGu [ relocate." .233920.1 - 3219 - relocate."HHHC/HB 279 SECTION 13.6.

[The] An application e t 17 assistant's signature shall serve as recommendation that the we lt n17 d 18 applicant participate in the confidential substitute address =w =l 19n ad l18 program.

An application submitted by a protected health care i= a= e19 r 20 provider shall only require the provider's signature confirming a tl mi ma 21e r 20 the provider's status as a protected health care provider.

da rt em 22m 21 C.

An application shall be signed and dated by the cd r e s22 k 23 applicant and, if applicable, the application assistant and c e as nk b23 24 shall include:

ue [a n b 24 (1) the applicant's name;

.232920.4GLGu -[ 33 - (2) the applicant's statement that the .233920.1 - 20 - HHHC/HB 279 applicant fears for the safety of the applicant, the applicant's child or another person in the applicant's household because of a threat of immediate or future harm;

(6) the names and ages of those persons in the e t 17 applicant's household who will also be participants in the we lt n17 d 18 program if the applicant is admitted into the program.

Each =w =l 19n ad l18 person in an applicant's household listed in the application i= a= e19 r 20 shall be considered a separate participant in the program;

a tl mi ma 21e r 20 (7) the applicant's residential and delivery da rt em 22m 21 addresses, if different, the confidentiality of which the cd r e s22 k 23 applicant seeks to protect;

c e as nk b23 24 (8) the applicant's telephone number and email ue [a n b 24 address;

and .232920.4GLGu -[ 34 - (9) the applicant's statement under penalty of .233920.1 - 21 - HHHC/HB 279 perjury that the information contained in the application is true." SECTION 14.7.

e t 17 (b) designate a confidential substitute we lt n17 d 18 address that shall be used in place of the participant's =w =l 19n ad l18 residential or delivery address by state and local government i= a= e19 r 20 agencies;

a tl mi ma 21e r 20 (c) receive mail and deliveries sent to da rt em 22m 21 a participant's confidential substitute address and forward the cd r e s22 k 23 mail and deliveries to the participant's delivery address at no c e as nk b23 24 charge to the participant;

ue [a n b 24 (d) accept service of process, notice or .232920.4GLGu -[ 35 - demand that is required or permitted by law to be served on the .233920.1 - 22 - HHHC/HB 279 participant and immediately forward the process, notice or demand to the participant's delivery address at no charge to the participant;

Service made pursuant to the provisions of this e t 17 section is perfected three days after it is accepted by the we lt n17 d 18 secretary of state." =w =l 19n ad l18 SECTION 15.8.

Section 40-13B-5 NMSA 1978 (being Laws 2018, i= a= e19 r 20 Chapter 40, Section 5, as amended) is amended to read:

a tl mi ma 21e r 20 "40-13B-5.

AGENCIES--USE OF CONFIDENTIAL SUBSTITUTE da rt em 22m 21 ADDRESS--PUBLIC RECORDS.-- cd r e s22 k 23 A.

c e as nk b23 24 (1) contact each agency that requests or uses ue [a n b 24 an address;

and .232920.4GLGu -[ 36 - (2) provide the agency with a copy of the .233920.1 - 23 - HHHC/HB 279 participant's confidential substitute address identification card.

A participant's residential or delivery address, e t 17 telephone number and email address that are maintained by an we lt n17 d 18 agency are not public records and shall not be disclosed =w =l 19n ad l18 pursuant to the Inspection of Public Records Act while a person i= a= e19 r 20 is a participant." a tl mi ma 21e r 20 SECTION 16.9.

Section 40-13B-7 NMSA 1978 (being Laws 2018, da rt em 22m 21 Chapter 40, Section 7, as amended) is amended to read:

cd r e s22 k 23 "40-13B-7.

PARTICIPANT DECERTIFICATION.-- c e as nk b23 24 A.

A participant shall be decertified from the ue [a n b 24 confidential substitute address program if:

.232920.4GLGu -[ 37 - (1) the participant submits a request to .233920.1 - 24 - HHHC/HB 279 withdraw from the confidential substitute address program to the secretary of state;

If the secretary of state determines that one or more of the causes for decertification provided in Subsection A of this section exist, the secretary of state shall send notice e t 17 of the participant's decertification to the participant's we lt n17 d 18 delivery and residential addresses and shall attempt to notify =w =l 19n ad l18 the participant by telephone and email.

The participant shall i= a= e19 r 20 be given ten days from the date of decertification to appeal a tl mi ma 21e r 20 the decertification.

da rt em 22m 21 C.

A person who is decertified from the cd r e s22 k 23 confidential substitute address program shall not continue to c e as nk b23 24 use the person's confidential substitute address.

ue [a n b 24 D.

For six months after a participant has been .232920.4GLGu -[ 38 - decertified, the secretary of state shall forward mail and .233920.1 - 25 - HHHC/HB 279 deliveries to an address provided by the former participant.

Upon receipt of mail and deliveries pursuant to this subsection, a former participant shall provide an updated address to the sender." SECTION 17.10.

A person or agency that receives a participant's residential address, delivery address, telephone number or email address pursuant to a court order shall not in turn disclose that e t 17 information unless pursuant to a court order or unless the we lt n17 d 18 person who was a participant has been decertified.

=w =l 19n ad l18 B.

The secretary of state shall maintain the i= a= e19 r 20 confidentiality of all records relating to an applicant for or a tl mi ma 21e r 20 participant in the confidential substitute address program da rt em 22m 21 while the person is a participant and shall:

cd r e s22 k 23 (1) store all tangible copies of program c e as nk b23 24 records in locked equipment;

ue [a n b 24 (2) store all electronic copies of program .232920.4GLGu -[ 39 - records in a password-protected system;

.233920.1 - 26 - HHHC/HB 279 (3) restrict access to all program records to secretary of state staff members who are approved to access the records as provided in this section;

and e t 17 (3) complete forty hours of training, we lt n17 d 18 including a domestic violence training course provided by the =w =l 19n ad l18 children, youth and families department and sexual assault i= a= e19 r 20 training provided by the department of health or the crime a tl mi ma 21e r 20 victims reparation commission or its successor.

da rt em 22m 21 D.

The secretary of state shall appoint a person to cd r e s22 k 23 be the administrator of the election component of the c e as nk b23 24 confidential substitute address program with respect to all ue [a n b 24 participants and in accordance with the Intimate Partner .232920.4GLGu -[ 40 - Violence Survivor Suffrage Act.

The administrator shall meet .233920.1 - 27 - HHHC/HB 279 the requirements of Subsection C of this section, and administration of the Intimate Partner Violence Survivor Suffrage Act shall conform to the requirements of Subsections A and B of this section and Subsection E of Section 40-13B-5 NMSA 1978." - 4128 - 98 1110 1312 1514 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .232920.4GLG.233920.1