Section 61-9A-7.1 - Actions of board; immunity; certain records not public records. (Repealed effective July 1, 2016.)
61-9A-7.1. Actions of board; immunity; certain records not public records. (Repealed effective July 1, 2016.)
A. No member of the board or person working on behalf of the board shall be civilly liable or subject to civil damages for any good-faith action undertaken or performed within the proper functions of the board.
B. All written and oral communication made by a person to the board relating to actual or potential disciplinary action shall be confidential communication and are not public records for the purposes of the Public Records Act [14-3-1 NMSA 1978]. All data, communication and information acquired by the board relating to actual or potential disciplinary action shall not be disclosed except:
(1) to the extent necessary to carry out the board's functions;
(2) as needed for judicial review of the board's actions; or
(3) pursuant to a court order issued by a court of competent jurisdiction.
C. Notwithstanding the provisions of Subsection B of this section, at the conclusion of an actual disciplinary action by the board, all data, communication and information acquired by the board relating to an actual disciplinary action taken against a person subject to the provisions of the Counseling and Therapy Practice Act shall be public records, pursuant to the provisions of the Public Records Act.