N.M. Admin. Code § 16.19.1.12 - PROTECTED ACTIONS AND COMMUNICATIONS
A. All written and oral communication made by
any person to the board or any committee of the board relating to actual or
potential disciplinary action, which includes complaints made to the board or
the committee, shall be confidential communications and are not public records
for the purposes of the Inspection of Public Records Act [Chapter 14, Article 2
NMSA 1978]. All data, communications and information acquired, prepared or
disseminated by the board or a committee relating to actual or potential
disciplinary action or its investigation of complaints shall not be disclosed
except to the extent necessary to carry out the purposes of the board or the
committee or in a judicial appeal from the actions of the board or the
committee or in a referral of cases made to law enforcement agencies, national
database clearinghouses or other licensing boards.
B. Information contained in complaint files
is public information and subject to disclosure when the board or the committee
acts on a complaint and issues a notice of contemplated action or reaches a
settlement prior to the issuance of a notice of contemplated action.
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