A. A motion seeking a qualified protective order shall accompany each petition for an order authorizing assisted outpatient treatment.
B. In considering the motion, the court shall determine which parties to the proceeding and their attorneys are authorized to receive, subpoena and transmit protected health information pertaining to the respondent for purposes of the proceeding. If the petitioner is a party identified in Paragraph (1), (2) or (3) of Subsection B of Section 4 [43-1B-4 NMSA 1978] of the Assisted Outpatient Treatment Act, the court may bar or limit the disclosure of the respondent's protected health information.
C. Covered entities shall only disclose protected health information pertaining to the respondent in accordance with the court's order, except as otherwise provided by state and federal health care privacy laws.
D. Parties and their attorneys are only authorized to use the protected health information of the respondent as directed by the court's order.
E. Within forty-five days after the later of the exhaustion of all appeals or the date on which the respondent is no longer receiving assisted outpatient treatment, the parties and their attorneys and any person or entity in possession of protected health information received from a party or the party's attorney in the course of the proceeding shall destroy all copies of protected health information pertaining to the respondent, except that counsel are not required to secure the return or destruction of protected health information submitted to the court.
F. Nothing in the order controls or limits the use of protected health information pertaining to the respondent that comes into the possession of a party or the party's attorney from a source other than a covered entity.
G. Nothing in the court's order shall authorize any party to obtain medical records or information through means other than formal discovery requests, subpoenas, depositions or other lawful process, or pursuant to a patient authorization.
History: Laws 2016, ch. 84, § 5.
ANNOTATIONSCompiler's notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, but were renumbered by the compiler.
Repeals. — Laws 2020, ch. 44, § 3, effective May 20, 2020, repealed Laws 2016, ch. 84, § 17, which would have repealed §§ 43-1B-1 to 43-1B-14 NMSA 1978, effective July 1, 2021.
Effective dates. — Laws 2016, ch. 84, § 18 made Laws 2016, ch. 84 effective July 1, 2016.