Records; confidentiality.

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A. Pursuant to the federal act, the department shall establish and enforce rules governing the custody, use and preservation of the records, papers, files and communications to restrict the use or disclosure of information contained in those documents concerning participants.

B. It is unlawful for a person, body, association, firm, corporation or other agency outside the department to solicit, disclose, receive or make use of or authorize, knowingly permit, participate in or acquiesce in the use of a name or list of names of participants for commercial or political purposes.

C. A person, body, association, firm, corporation or other agency that willfully or knowingly violates a provision of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for a definite term not to exceed sixty days or both.

History: Laws 1998, ch. 8, § 17 and Laws 1998, ch. 9, § 17.

ANNOTATIONS

Cross references. — For meaning of "federal act", see 27-2B-3 NMSA 1978.

Duplicate laws. — Laws 1998, ch. 8, § 17 and Laws 1998, ch. 9, § 17 enacted identical new sections.


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