N.M. Stat. » N.M. Stat. / Chapter 41 / Article 9
New Mexico Statutes

N.M. Stat. § 41-9-6 (2026)

Penalty for violation.

✓ current as of May 2026
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Any disclosure other than that authorized by the Review Organization Immunity Act
of data and information acquired by a review organization or of what transpired at a
review organization meeting is guilty of a petty misdemeanor and shall be punished by
imprisonment for not to exceed six months or by a fine of not more than one hundred
dollars ($100), or both.

History: Laws 1979, ch. 169, § 6.
Notes of Decisions
Cited in 5 cases, 1988–2015 · leading case: Sw. Cmty. Health Servs. v. Smith, 755 P.2d 40 (N.M. 1988).
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Sw. Cmty. Health Servs. v. Smith, 755 P.2d 40 (N.M. 1988). · cites it 2× “See § 41-9-6. Furthermore, we again stress, the confidentiality created by this statute is intended to prevent disclosure in situations extending far beyond the production of evidence in civil litigation.”
Yedidag v. Roswell Clinic Corp., 2013 NMCA 096 (N.M. Ct. App. 2013). · cites it 7× “See § 41-9-6 (providing that any unauthorized disclosure of data or information acquired by a review organization or of what transpired at a review organization meeting is punishable as a petty misdemeanor).”
Yedidag v. Roswell Clinic Corp., 2013 NMCA 96 (N.M. Ct. App. 2013). · cites it 7× “The parties agree that the ROIA does not expressly provide for a private cause of action arising from violation of Section 41-9-5.”
Yedidag v. Roswell linic Corp. (N.M. Ct. App. 2013). · cites it 7× “The parties agree that the ROIA does not expressly provide for a private cause of action arising from violation of Section 41-9-5. In fact, we note that the only remedy expressly identified in the ROIA for Section 41-9-5 violation is criminal in nature.”
Yedidag v. Roswell Clinic Corp. (N.M. 2015). · cites it 2× “Yedidag because without 8 a private cause of action, the minimal criminal penalty provided in Section 41-9-6 of 9 ROIA will not adequately guarantee peer review confidentiality.”
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