State-specific breach notification rules, medical records retention periods, PDMP requirements, and mandatory reporting obligations for medical practices operating in New Mexico.
Notification deadline
45 calendar days
Notification must be made no later than 45 calendar days following discovery of breach. AG must be notified if 1,000+ New Mexico residents affected.
AG notification threshold
1000+ affected individuals
Notify: AG
Harm analysis required
Penalty range
Up to $25,000 per violation under Unfair Practices Act
| Record type | Retention period | Measured from |
|---|---|---|
| General medical | 10 years | Last treatment |
Check required
All controlled substances
Check frequency
Every prescription
Delegation allowed
Penalty range
Licensing board discipline; civil penalties up to $5,000 per violation
Exemptions
Hospice patients, cancer treatment, ≤48 hour supply in ER, inpatient hospital administration
Mandated reporters
All persons including healthcare professionals who know or have reasonable suspicion of child abuse
Report to
Children, Youth and Families Department (CYFD) or local law enforcement
Timeline
Within 24 hours
Penalty for failure
Misdemeanor, up to $1,000 fine and/or 1 year jail
Immunity provision
Good faith reporters immune from civil and criminal liability under NMSA 32A-4-3
Mandated reporters
All persons including healthcare professionals
Report to
Adult Protective Services, Aging and Long-Term Services Department
Timeline
Within 24 hours
Penalty for failure
Misdemeanor, up to $1,000 fine
Immunity provision
Good faith reporters immune from civil and criminal liability
Mandated reporters
Healthcare providers treating injuries from suspected criminal violence
Report to
Local law enforcement
Timeline
Immediately / as soon as possible
Immunity provision
Good faith reporters immune from civil liability
Mandated reporters
Physicians, laboratories, and healthcare facility administrators
Report to
New Mexico Department of Health, Epidemiology and Response Division
Timeline
Within 24 hours
Penalty for failure
Misdemeanor, up to $1,000 fine
Immunity provision
Good faith reporters immune from civil liability
Mandated reporters
All healthcare providers treating gunshot wounds or stab wounds
Report to
Local law enforcement
Timeline
Immediately / as soon as possible
Penalty for failure
Petty misdemeanor
Immunity provision
Good faith reporters immune from civil and criminal liability
GuardWell tracks New Mexico-specific breach deadlines, PDMP requirements, retention periods, and mandatory reporting obligations automatically.
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