SB 230/a DISCLOSURE OF CERTAIN HEALTH INFO

Sen Greg Nibert

Actions: [4] SCC/SHPAC/SJC-SCC [7] SCC referral removed- ref SHPAC/SJC-SHPAC [9] DP/a-SJC [10] DP [12] fl/a- PASSED/S (38-0) [14] HJC-HJC [15] DP - PASSED/H (62-3) SGND BY GOV (Feb. 29) Ch. 31.

Scheduled: Not Scheduled

 Senate Bill 230 (SB 230) amends a section of the Children's Mental Health and Developmental Disabilities Act (MHDDA); amends a section of the Mental Health and Developmental Disabilities Code (MHDDC); and provides for additional disclosure of confidential information. 

 Senate Bill 230 (SB 230) amends Section 32A-6A-24 NMSA 1978 to allow for additional disclosure of confidential information to:

•	a governmental agency, its agent or a state educational institution;
•	a duly organized state or county association of licensed physicians or dentists;
•	a licensed health facility or staff committees of such a facility for the purpose of research.

The age limit of fourteen is removed from the statement that for a child (less than fourteen years of age), authorization from the child or legal guardian is not required (in certain cases). 

 Currently, an age limit of fourteen is established for the waiver of authorization from the child or guardian for the release of information in certain cases. If the bill does not pass, this stipulation will remain. Further, the additional provisions for disclosure of confidential information will not be made, and existing restrictions will stay in place. 

 Amended February 10, 2024 in the Senate Health and Public Affairs Committee

SHPACa/SB 230: The Senate Health and Public Affairs Committee’s amendment to Senate Bill 230 (SB 230) is as follows:

1. On page 4, line 18, before "for", insert "is,". 

2. On page 4, line 19, strike "is". 

3. On page 4, line 22, strike the comma and insert in lieu thereof "or". 

4. On page 9, line 23, strike the comma and insert in lieu thereof "or".


Amended February 13, 2024 in the Senate Floor

SFa/SB 230: The Senate Floor’s first amendment to Senate Bill 230 (SB 230) makes the following changes:

1. On page 5, line 2, before the period, insert "and any federal regulations governing institutional review boards". 

2. On page 10, line 3, before the period, insert "and any federal regulations governing institutional review boards".

 

 House Bill 175 (HB 175) – Sharing of Certain CYFD Information