Current through Register Vol. 35, No. 18, September 24, 2024
The department shall maintain a confidential file containing
the names and contact information of the persons who have either applied for or
received a registry identification card, as well as the names and contact
information of certifying and diagnosing providers.
A.
Patient applicants and qualified
patients: Names and contact information regarding a qualified patient or
patient-applicant shall be confidential and shall not be subject to disclosure,
except:
(1) to employees or agents of the
department as necessary to perform the duties of the department pursuant to the
provisions of this rule and the act;
(2) to employees of New Mexico state or local
law enforcement agencies, for the purpose of verifying that a person is
lawfully enrolled in the medical cannabis program, or in the event that the
medical cannabis program manager or designee has reason to believe that a
qualified patient or patient-applicant may have violated an applicable law;
and
(3) as provided in the federal
Health Insurance Portability and Accountability Act (HIPAA) of 1996 and
applicable state and federal regulations.
B.
Primary caregivers and certifying
providers: Names and contact information regarding a primary caregiver
or medical provider shall be confidential and shall not be subject to
disclosure, except:
(1) to applicable
licensing bodies, for the purpose of verifying the practitioner's licensure
status, or in the event that the medical cannabis program manager or designee
has reason to believe that a practitioner may have violated licensing
requirements or an applicable law;
(2) to employees of New Mexico state or local
law enforcement agencies, in the event that the medical cannabis program
manager or designee has reason to believe that a primary caregiver or medical
provider may have violated an applicable law; and
(3) as provided in the federal HIPAA of 1996
and applicable state and federal regulations.
