New Mexico Statutes
N.M. Stat. § 61-9-18 (2026)
Privileged communications. (Repealed effective July 1,
✓ current as of May 2026
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2028.)
A licensed psychologist or psychologist associate shall not be examined without the
consent of his client as to any communication made by the client to him or his advice
given in the course of professional employment; nor shall a licensed psychologist's or
psychologist associate's secretary, stenographer, clerk or any person supervised by the
psychologist or psychologist associate be examined without the consent of his employer
concerning any fact the knowledge of which he has acquired in such capacity.
History: 1953 Comp., § 67-30-17, enacted by Laws 1963, ch. 92, § 17; 1983, ch. 334, §
8; 1989, ch. 41, § 18.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-9-19 NMSA 1978.
The 1989 amendment, effective June 16, 1989, twice substituted "licensed
psychologist" for "certified psychologist", and substituted "clerk or any person
supervised by the psychologist or psychologist associate" for "or clerk".
Law reviews. — For case note, "Workers' Compensation Law: A Clinical Psychologist
Is Qualified to Give Expert Medical Testimony Regarding Causation: Madrid v.
University of California, d/b/a Los Alamos National Laboratory," see 18 N.M.L. Rev. 637
(1988).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons
and Other Healers §§ 169, 170.
Privilege, judicial or quasi-judicial proceedings, arising from relationship between
psychiatrist and patient, 44 A.L.R.3d 24.Notes of Decisions
Cited in 4
cases, 1997–2014 · leading case: Eckhardt v. Charter Hosp. of Albuquerque, Inc., 953 P.2d 722 (N.M. Ct. App. 1997).
Eckhardt v. Charter Hosp. of Albuquerque, Inc., 953 P.2d 722 (N.M. Ct. App. 1997). “See NMSA 1978, §§ 61-9-18 (1989) (psychologists and psychologist associates); 61-9A-27 (1993) (mental health counselors and therapists); 61-31-24 (1989) (social workers); cf.”
State v. Strauch, 2014 NMCA 020 (N.M. Ct. App. 2014). “” Section 61-31-24(B) (emphasis added); seeNMSA 1978, § 61-31-1 (2006) (short title); see also NMSA 1978, § 61-9-18 (1989) (describing the privilege afforded to communications made to licensed psychologists or psychologist associates “in the course of [their] professional…”
State v. Strauch, 2014 NMCA 20 (N.M. Ct. App. 2013). “” Section 61-31-24(B) (emphasis added); see NMSA 1978, § 61-31-1 (2006) (short title); see also NMSA 1978, § 61-9-18 (1989) (describing the privilege afforded to communications made to licensed psychologists or psychologist associates “in the course of [their] professional…”
State v. Strauch (N.M. Ct. App. 2013). “” Section 61-31-24(B) (emphasis added); see NMSA 1978, § 61-31-1 (2006) (short title); see also NMSA 1978, § 61-9-18 (1989) (describing the privilege afforded to communications made to licensed psychologists or psychologist associates “in the course of [their] professional…”
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