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HOUSE BILL 466
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Rod Montoya and Rebecca Dow and Harlan Vincent and Mark Duncan
and Andrea Reeb
AN ACT
RELATING TO CHILDREN; ENACTING THE HORMONE THERAPY AND PUBERTY
BLOCKER CHILD PROTECTION ACT; PROHIBITING CERTAIN MEDICAL
PROCEDURES FOR MINORS; PROHIBITING KNOWINGLY DISTRIBUTING
HORMONES OR PUBERTY BLOCKERS TO MINORS; REQUIRING PARENTAL
NOTIFICATION BY A HEALTH CARE PROVIDER OR A PUBLIC BODY IF A
MINOR TAKES GENDER-AFFIRMING ACTION; PROVIDING ENFORCEMENT AND
PENALTIES; PROVIDING A PRIVATE RIGHT OF ACTION; AMENDING THE
REPRODUCTIVE AND GENDER-AFFIRMING HEALTH CARE FREEDOM ACT;
REQUIRING PARENTAL NOTICE AND CONSENT FOR MINORS; ADDING
DEFINITIONS; REQUIRING PARENTAL NOTIFICATIONS; PROVIDING THAT A
PARENT OF A MINOR MAY BRING A CLAIM UNDER THAT ACT AGAINST A
PUBLIC BODY OR AN INDIVIDUAL; INCLUDING PARENTS AMONG THOSE
WITH A PRIVATE RIGHT OF ACTION UNDER THAT ACT; PROVIDING
PENALTIES FOR VIOLATION OF THAT ACT BY A LICENSED HEALTH CARE
PROVIDER; AMENDING THE REPRODUCTIVE AND GENDER-AFFIRMING HEALTH
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CARE PROTECTION ACT; PROHIBITING THAT ACT'S APPLICABILITY TO
MINORS EXCEPT FOR REQUIRED PARENTAL NOTIFICATIONS AND CERTAIN
REPRODUCTIVE HEALTH CARE ACTIVITIES WITH PARENTAL CONSENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 24 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] SHORT TITLE.--Sections 1 through 8 of this
act may be cited as the "Hormone Therapy and Puberty Blocker
Child Protection Act"."
SECTION 2. A new section of Chapter 24 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Hormone
Therapy and Puberty Blocker Child Protection Act:
A. "congenital defect" means a physical or chemical
abnormality present in a minor that is inconsistent with the
normal development of a human being of the minor's sex,
including abnormalities caused by a medically verifiable
disorder of sex development, but does not include gender
dysphoria, gender identity disorder, gender incongruence or any
mental condition, disorder, disability or abnormality;
B. "gender-affirming action" means an act by a
minor that is intended to change that minor's sex or change how
others perceive the minor's sex, including the minor:
(1) using pronouns inconsistent with the
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minor's sex;
(2) changing the minor's name or asking to be
called by a name other than the minor's given name that, based
on generally accepted norms, is inconsistent with that minor's
sex; or
(3) requesting counseling, mental health or
medical services or the use of medical equipment in order to
support the minor's gender identity or desire to live or
present as a different sex;
C. "health care provider" means an individual or
entity licensed in this state to administer or provide health
care services;
D. "hormone" means an androgen or estrogen;
E. "medical procedure" means conduct including:
(1) surgically removing, modifying, altering
or entering into an individual's body tissue, cavities or
organs; or
(2) prescribing, administering or dispensing
any puberty blocker or hormone to an individual;
F. "minor" means an individual who is younger than
eighteen years of age but does not include an emancipated
minor;
G. "parent" means a biological, legal or adoptive
parent of a minor or the minor's legal guardian;
H. "parental notification" means a written document
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notifying a parent of a matter concerning that parent's minor
as required pursuant to the Hormone Therapy and Puberty Blocker
Child Protection Act prepared by a health care provider or a
public body and sent:
(1) in a manner that requires a signature
acknowledging receipt of the document; and
(2) to at least one parent of the minor;
I. "precocious puberty" means when a child's sexual
development begins before the typical age;
J. "puberty blocker" means a drug or device that,
when administered to a minor, suppresses the production of
hormones in the minor's body in order to stop, delay or
suppress pubertal development;
K. "public body" means a state or local government,
an advisory board, a commission, an agency or an entity created
by the constitution of New Mexico or a branch of government,
including a health care provider or entity acting on behalf of
or within the scope of the authority of a public body, that
receives public funding and includes political subdivisions,
special tax districts, school districts and institutions of
higher education; and
L. "sex" means an individual's immutable
characteristics of the human reproductive system that define
the individual as male or female, as determined by anatomy and
genetics existing in that individual at the time of birth."
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SECTION 3. A new section of Chapter 24 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] PROHIBITED CONDUCT--MEDICAL PROCEDURES
CONDUCTED ON MINORS.--
A. Except as provided in Subsection B or C of this
section, a health care provider or a public body shall not
knowingly perform or offer to perform on a minor, or administer
or offer to administer to a minor, a medical procedure if the
purpose of the performance or administration of the medical
procedure is to:
(1) enable the minor to identify with, or live
or present as, a purported identity inconsistent with that
minor's sex; or
(2) treat the minor's purported discomfort or
distress from a discordance between the minor's sex and the
minor's asserted or perceived identity.
B. It is not a violation of Subsection A of this
section if the performance or administration of the medical
procedure on the minor is to treat the minor's congenital
defect, precocious puberty, disease or physical injury.
C. It is not a violation of Subsection A of this
section if the performance or administration of the medical
procedure on the minor began prior to the effective date of the
Hormone Therapy and Puberty Blocker Child Protection Act and
the performance or administration of the medical procedure
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concludes on or before December 31, 2025; provided, however,
that:
(1) the health care provider or public body
treating the minor shall provide written certification that, in
the health care provider's medical judgment or the medical
judgment of the public body and based upon the facts known to
the health care provider or the public body at the time, ending
the medical procedure would be harmful to the minor. The
certification shall include the findings supporting the
certification and shall be included in the minor's medical
record; and
(2) the health care provider or public body
shall not perform or administer a subsequent medical procedure
that is different from the medical procedure performed prior to
the effective date of the Hormone Therapy and Puberty Blocker
Child Protection Act if the sole purpose of the subsequent
medical procedure is to:
(a) enable the minor to identify with,
or live or present as, a purported identity inconsistent with
the minor's sex; or
(b) treat purported discomfort or
distress from a discordance between the minor's sex and the
minor's asserted or perceived identity.
D. For purposes of this section, "disease" does not
include gender dysphoria, gender identity disorder, gender
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incongruence or any mental condition, disorder, disability or
abnormality.
E. It is not a defense to legal liability incurred
as a result of a violation of this section that the minor or a
parent of the minor consented to the medical procedure that
constitutes the violation.
F. This section supersedes any common law rule
regarding a minor's ability to consent to a medical procedure
that is performed or administered for the purpose of:
(1) enabling the minor to identify with, or
present or live as, a purported identity inconsistent with the
minor's sex; or
(2) treating purported discomfort or distress
from a discordance between the minor's sex and the minor's
perceived or asserted identity.
G. A minor upon whom a medical procedure pursuant
to Subsection A of this section is performed or administered
shall not be liable for violating the Hormone Therapy and
Puberty Blocker Child Protection Act.
H. Nothing in the Hormone Therapy and Puberty
Blocker Child Protection Act prohibits or restricts the
licensed practice of psychology, psychiatry, counseling or
social work in this state."
SECTION 4. A new section of Chapter 24 NMSA 1978 is
enacted to read:
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"[NEW MATERIAL] PROHIBITION--DISTRIBUTION OF HORMONES OR
PUBERTY BLOCKERS TO A MINOR.--An individual, a health care
provider or a public body shall not knowingly provide a hormone
or a puberty blocker to a minor if the provision of the hormone
or puberty blocker is not lawfully permitted pursuant to the
Hormone Therapy and Puberty Blocker Child Protection Act."
SECTION 5. A new section of Chapter 24 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] GENDER-AFFIRMING ACTION BY MINOR--HEALTH
CARE PROVIDER OR PUBLIC BODY--PARENTAL NOTIFICATION
REQUIREMENT.--A health care provider or public body shall
provide parental notification to at least one parent of a minor
no later than seven calendar days after the health care
provider or public body observes or has reasonable cause to
believe that the parent's minor has taken a gender-affirming
action while in the presence of the health care provider or
while on the premises of the public body or while interacting
with individuals employed by or representing the health care
provider or public body."
SECTION 6. A new section of Chapter 24 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] PRIVATE RIGHT OF ACTION.--
A. Except as provided in Subsection B of this
section, a minor or the parent of a minor injured as a result
of a violation of the Hormone Therapy and Puberty Blocker Child
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Protection Act may bring a civil cause of action for
appropriate relief, including temporary, preliminary or
permanent injunctive relief, compensatory or punitive damages
and reasonable attorney fees, court costs and expenses, against
the health care provider or other person alleged to have
violated that act; provided, however, the parent of a minor
injured as a result of a violation of that act may not bring a
civil cause of action against a health care provider or another
person if the parent consented on behalf of the minor to the
action that constitutes the violation.
B. The parent or next of kin of a deceased minor
may bring a wrongful death action against a health care
provider, an individual or a public body alleged to have
violated the Hormone Therapy and Puberty Blocker Child
Protection Act if:
(1) the minor's death is the result of the
physical or emotional harm inflicted upon the minor as a result
of the violation; and
(2) the parent of the minor did not consent on
behalf of the minor to the conduct that constituted the
violation.
C. In an action brought against a health care
provider pursuant to this section, if the plaintiff prevails,
the plaintiff shall provide a certified copy of the final
judgment in favor of the plaintiff to the licensing authority
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responsible for the regulation of the health care provider's
license. Upon receipt of the certified final judgment in favor
of the plaintiff, pursuant to the provisions of the Uniform
Licensing Act, the licensing authority shall:
(1) issue a notice of contemplated action for
revocation of the health care provider's license if the final
judgment includes a finding that the health care provider
knowingly violated the Hormone Therapy and Puberty Blocker
Child Protection Act; or, if the final judgment does not
include a finding that the health care provider knowingly
violated that act, the licensing authority shall issue a notice
of contemplated action for suspension of the health care
provider's license for a period of up to two years; and
(2) send the health care provider a copy of
the notice of contemplated action along with information
regarding the process to file for a hearing before the
licensing authority to contest the contemplated action.
D. For purposes of this section, "compensatory
damages" may include:
(1) reasonable economic losses caused by the
emotional, mental or physical effects of the violation,
including:
(a) the cost of counseling,
hospitalization and any other medical expenses connected with
treating the harm caused by the violation;
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(b) any out-of-pocket costs of the minor
paid by the minor to the health care provider or public body
for the prohibited medical procedure; or
(c) any loss of income caused by the
violation; or
(2) noneconomic damages caused by the
violation, including psychological and emotional anguish.
E. An action commenced pursuant to the Hormone
Therapy and Puberty Blocker Child Protection Act shall be
brought:
(1) within thirty days from the date the minor
reaches eighteen years of age; or
(2) if the minor is deceased, within ten years
of the minor's death."
SECTION 7. A new section of Chapter 24 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] ENFORCEMENT--PENALTIES.--
A. The attorney general or a district attorney may
institute a civil action in district court if the attorney
general or district attorney has reasonable cause to believe
that a violation has occurred or to prevent a violation of the
Hormone Therapy and Puberty Blocker Child Protection Act.
B. In any action brought pursuant to this section,
the court may award appropriate relief, including temporary,
preliminary or permanent injunctive relief. The court may
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assess a civil penalty for a violation of the Hormone Therapy
and Puberty Blocker Child Protection Act in the amount of five
thousand dollars ($5,000) or actual damages resulting from each
violation, whichever is greater."
SECTION 8. A new section of Chapter 24 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] SEVERABILITY.--If any part or application
of the Hormone Therapy and Puberty Blocker Child Protection Act
is held invalid, the remainder of its application to other
situations or persons shall not be affected."
SECTION 9. Section 24-34-2 NMSA 1978 (being Laws 2023,
Chapter 11, Section 2) is amended to read:
"24-34-2. DEFINITIONS.--As used in the Reproductive and
Gender-Affirming Health Care Freedom Act:
A. "adult" means an individual who is eighteen
years of age or older;
B. "emancipated minor" means an individual who is
sixteen years of age or older who:
(1) has entered into a valid marriage;
(2) is on active duty with any of the armed
services in the United States; or
(3) has received a declaration of emancipation
pursuant to the Emancipation of Minors Act;
[A.] C. "gender-affirming health care" means
psychological, behavioral, surgical, pharmaceutical and medical
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care, services and supplies provided to support [a person's ] an
adult's or emancipated minor's gender identity;
D. "health care provider" means an individual or
entity licensed in this state to administer or provide health
care services;
E. "minor" means an individual who is younger than
eighteen years of age;
F. "parent" means a biological, legal or adoptive
father or mother or legal guardian of another person;
G. "parental consent" means a notarized written
document that is signed by at least one parent of a minor and
provides permission for a public body to:
(1) engage or meet with, contact or speak to
or provide information to the minor regarding reproductive
health care; or
(2) provide the minor with access to
reproductive health care;
H. "parental notification" means a written document
notifying a parent of a matter concerning that parent's minor
as required pursuant to the Reproductive and Gender-Affirming
Health Care Freedom Act that is prepared by a health care
provider or a public body and is sent:
(1) in a manner that requires a signature
acknowledging receipt of the document; and
(2) to at least one parent of the minor;
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[B.] I. "public body" means a state or local
government, an advisory board, a commission, an agency or an
entity created by the constitution of New Mexico or any branch
of government, including an individual or entity acting on
behalf of or within the scope of the authority of a public
body, that receives public funding [including ] and includes
political subdivisions, special tax districts, school districts
and institutions of higher education; and
[C.] J. "reproductive health care" means
psychological, behavioral, surgical, pharmaceutical and medical
care, services and supplies that relate to the human
reproductive system [including ] but does not include gender-
affirming health care. "Reproductive health care" services
include services related to:
(1) preventing a pregnancy;
(2) abortion;
(3) managing a pregnancy loss;
(4) prenatal, birth, perinatal and postpartum
health;
(5) managing perimenopause and menopause;
(6) managing fertility;
(7) treating cancers of the reproductive
system; or
(8) preventing or treating sexually
transmitted infections."
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SECTION 10. Section 24-34-3 NMSA 1978 (being Laws 2023,
Chapter 11, Section 3) is amended to read:
"24-34-3. PUBLIC BODY PROHIBITED ACTION--MINORS--PARENTAL
NOTIFICATION AND CONSENT .--
A. A public body [or an entity or individual acting
on behalf of or within the scope of the authority of a public
body] shall not discriminate against a [person ] health care
provider, an adult or an emancipated minor based on that
[person's] health care provider's, adult's or emancipated
minor's use of or refusal to use reproductive health care or
gender-affirming health care services.
B. A public body [or an entity or individual acting
on behalf of or within the scope of the authority of a public
body] shall not deny, restrict or interfere with a [person's ]
health care provider's, an adult's or an emancipated minor's
ability to access or provide reproductive health care or
gender-affirming health care within the medical standard of
care.
C. A public body [or an entity or individual acting
on behalf of or within the scope of the authority of a public
body] shall not deprive, through prosecution, punishment or
other means, [a person's ] an adult's or an emancipated minor's
ability to act or refrain from acting during the [person's ]
adult's or emancipated minor's pregnancy based on the
potential, actual or perceived effect on the pregnancy.
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D. A public body [or an entity or individual acting
on behalf of or within the scope of the authority of a public
body] shall not impose or continue in effect any law,
ordinance, policy or regulation that violates or conflicts with
the provisions of the Reproductive and Gender-Affirming Health
Care Freedom Act.
E. A health care provider or a public body shall:
(1) provide parental notification to at least
one parent of a minor before engaging or meeting with,
contacting or speaking to or providing information to the minor
regarding the use of or access to reproductive health care; and
(2) obtain parental consent at least fourteen
days prior to engaging or meeting with, contacting or speaking
to or providing information to the minor regarding the use of
or access to reproductive health care.
F. A health care provider or a public body:
(1) shall not provide gender-affirming health
care to a minor;
(2) shall not engage or meet with, contact or
speak to or provide information to a minor regarding the use of
or access to gender-affirming health care; and
(3) if contacted by a minor seeking
information about or access to gender-affirming health care,
shall, within seven calendar days from the initial date of
contact with the minor, provide parental notification to at
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least one parent of the minor advising the parent that the
minor was seeking information about or access to gender-
affirming health care.
[E.] G. Nothing in the Reproductive and Gender-
Affirming Health Care Freedom Act shall be construed to require
a health care provider [or entity ] to provide care:
(1) that the health care provider [or entity ]
does not otherwise provide or have a duty to provide under
state or federal law;
(2) when the provision of service is against
the medical judgment of the treating health care provider while
acting within the standard of care; or
(3) when an [individual ] adult or emancipated
minor does not provide payment or a source of payment for the
service when it is required in the ordinary course of business,
unless the health care provider has a duty to provide services
under state or federal law, regardless of the ability to pay.
[F.] H. Nothing in the Reproductive and Gender-
Affirming Health Care Freedom Act shall be construed to require
a managed care organization or health insurance company to
cover claims that are not otherwise required to be covered by
the terms and conditions of an insurance contract, managed care
contract or state or federal law."
SECTION 11. Section 24-34-4 NMSA 1978 (being Laws 2023,
Chapter 11, Section 4) is amended to read:
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"24-34-4. ENFORCEMENT--PENALTIES.--
A. The attorney general or a district attorney may
institute a civil action in district court if the attorney
general or district attorney has reasonable cause to believe
that a violation has occurred or to prevent a violation of the
Reproductive and Gender-Affirming Health Care Freedom Act from
occurring.
B. In any action brought under Subsection A of this
section, the court may award appropriate relief, including
temporary, preliminary or permanent injunctive relief. The
court may assess a civil penalty for a violation of the
Reproductive and Gender-Affirming Health Care Freedom Act in
the amount of five thousand dollars ($5,000) or actual damages
resulting from each violation, whichever is greater.
C. Claims pursuant to the Reproductive and Gender-
Affirming Health Care Freedom Act may be brought against public
bodies [and entities acting in the course and scope of
authority of a public body ], but not against an individual,
except that a parent of a minor may bring a claim against any
health care provider for violation of that act ."
SECTION 12. Section 24-34-5 NMSA 1978 (being Laws 2023,
Chapter 11, Section 5) is amended to read:
"24-34-5. PRIVATE RIGHT OF ACTION.--
A. A person, including a parent of a minor ,
claiming to be aggrieved by a violation of the Reproductive and
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Gender-Affirming Health Care Freedom Act may maintain an action
in district court for appropriate relief, including temporary,
preliminary or permanent injunctive relief, compensatory
damages or punitive damages, or the sum of five thousand
dollars ($5,000) for each violation of the Reproductive and
Gender-Affirming Health Care Freedom Act, whichever is greater.
B. In any action brought pursuant to [Subsection A
of] this section, the court shall award a prevailing plaintiff
reasonable attorney fees and costs to be paid by the defendant.
C. Claims pursuant to the Reproductive and Gender-
Affirming Health Care Freedom Act may be brought against public
bodies [and entities acting in the course and scope of
authority of a public body ], but not against an individual,
except that a parent of a minor may bring a claim against any
health care provider.
D. In an action brought against a health care
provider pursuant to Subsection C of this section by a parent
of a minor, if the plaintiff prevails, the plaintiff shall
provide a certified copy of the final judgment in favor of the
plaintiff to the licensing authority responsible for the
regulation of the health care provider's license. Upon receipt
of the certified final judgment in favor of the plaintiff,
pursuant to the requirements of the Uniform Licensing Act, the
licensing authority shall:
(1) issue a notice of contemplated action for
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revocation of the health care provider's license if final
judgment includes a finding of gross negligence or willful or
egregious misconduct, or if the final judgment does not include
a finding of gross negligence or willful or egregious
misconduct, the licensing authority shall issue a notice of
contemplated action for suspension of the health care
provider's license for a period of up to two years; and
(2) send the health care provider a copy of
the notice of contemplated action along with the information
regarding the process to file for a hearing before the
licensing authority to contest the contemplated action ."
SECTION 13. Section 24-35-2 NMSA 1978 (being Laws 2023,
Chapter 167, Section 2) is amended to read:
"24-35-2. DEFINITIONS.--As used in the Reproductive and
Gender-Affirming Health Care Protection Act:
A. "adult" means an individual who is eighteen
years of age or older;
B. "emancipated minor" means an individual who is
sixteen years of age or older who:
(1) has entered into a valid marriage;
(2) is on active duty with any of the armed
services in the United States; or
(3) has received a declaration of emancipation
pursuant to the Emancipation of Minors Act;
[A.] C. "gender-affirming health care" means
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psychological, behavioral, surgical, pharmaceutical and medical
care, services and supplies provided to support an individual's
gender identity;
D. "health care provider" means an individual or
entity licensed to administer or provide health care services
in this state pursuant to Chapter 61 NMSA 1978 by a board,
commission or agency that administers a profession or
occupation that is licensed to administer or provide health
care or health-care-related services;
E. "minor" means a child who is younger than
eighteen years of age and is not an emancipated minor;
F. "minor with parental consent" means a child who
is younger than eighteen years of age and whose parent has
provided a public body or health care provider with a notarized
written document signed by at least one parent of the minor
that provides permission to a public body or a health care
provider to:
(1) engage or meet with, contact or speak or
provide information to the minor regarding a reproductive
health care activity; or
(2) provide the minor with access to a
reproductive health care activity;
G. "parent" means a biological, legal or adoptive
parent of a minor or the minor's legal guardian;
[B.] H. "protected health care activity" means:
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(1) an adult, an emancipated minor or a health
care provider seeking access to, providing or receiving
reproductive health care or gender-affirming health care; or
(2) assisting an [individual ] adult, an
emancipated minor or a health care provider who is seeking
access to, receiving or providing reproductive health care or
gender-affirming health care, including providing:
(a) information;
(b) transportation;
(c) lodging; or
(d) material support;
[C.] I. "public body" means a state or local
government, an advisory board, a commission, an agency or an
entity created by the constitution of New Mexico or a branch of
government, including a health care provider or an entity
acting on behalf of or within the scope of the authority of a
public body, that receives public funding [including ] and
includes political subdivisions, special tax districts, school
districts and institutions of higher education; [and ]
[D.] J. "reproductive health care" means
psychological, behavioral, surgical, pharmaceutical and medical
care, services and supplies that relate to the human
reproductive system [including ] but does not include
gender-affirming health care services. "Reproductive health
care" services include services related to:
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(1) preventing a pregnancy;
(2) abortion;
(3) managing a pregnancy loss;
(4) prenatal, birth, perinatal and postpartum
health;
(5) managing perimenopause and menopause;
(6) managing infertility;
(7) treating cancers of the reproductive
system; or
(8) preventing sexually transmitted
infections; and
K. "sex" means an individual's immutable
characteristics of the human reproductive system that define
the individual as male or female, as determined by anatomy and
genetics existing in that individual at the time of birth ."
SECTION 14. Section 24-35-3 NMSA 1978 (being Laws 2023,
Chapter 167, Section 3) is amended to read:
"24-35-3. PUBLIC BODY--PROHIBITED RELEASE OF INFORMATION
RELATED TO A PROTECTED HEALTH CARE ACTIVITY.--
A. A public body [or an individual or entity acting
on behalf of or within the scope of the authority of a public
body] shall not release information or use resources available
to it in furtherance of a foreign investigation or proceeding
that seeks to impose civil or criminal liability or
professional disciplinary action upon an [individual ] adult, an
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emancipated minor or [entity] a health care provider for
engaging in a protected health care activity.
B. A public body [or an individual or entity acting
on behalf of or within the scope of the authority of a public
body] that receives a request for information related to a
protected health care activity shall notify the [individual ]
adult, emancipated minor or [entity] health care provider that
is the subject of the information request and shall move to
modify or quash the subpoena to prevent the release of
protected health care activity information. Any request for
information related to a protected health care activity shall
be made in writing.
C. The provisions of this section shall not apply
if the [individual] adult, emancipated minor or [entity] health
care provider that is the subject of the investigation or
proceeding provides affirmative written consent to release the
requested information.
D. A public body that receives a request for
information related to the reproductive health care activities
of a minor with parental consent:
(1) shall not release information or use
resources available to the public body in furtherance of a
foreign investigation or proceeding that seeks to impose civil
or criminal liability upon a minor with parental consent for
engaging in reproductive health care activities;
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(2) shall notify in writing within seven
calendar days of receiving the request for information at least
one parent of the minor with parental consent who is the
subject of the request; and
(3) shall as soon as practicable move to quash
the subpoena to prevent the release of the minor with parental
consent's reproductive health care activity.
[D.] E. This section shall not apply to an
investigation or proceeding in which the conduct subject to
potential liability would be subject to liability under the
laws of this state."
SECTION 15. Section 24-35-4 NMSA 1978 (being Laws 2023,
Chapter 167, Section 4) is amended to read:
"24-35-4. FOREIGN SUBPOENAS AND SUMMONSES.--
A. A party shall not submit a foreign subpoena or
summons for discovery or a witness to provide testimony related
to an interstate investigation or proceeding that seeks to
impose civil or criminal liability or professional disciplinary
action related to a protected health care activity unless the
requesting party submits an attestation, signed under the
penalty of perjury, that the foreign subpoena or summons
relates to an out-of-state action for which the same claim
exists under the laws of this state.
B. An [individual] adult, an emancipated minor, a
minor with parental consent or the parent of a minor with
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parental consent or [entity] a health care provider served with
a subpoena that is in violation of this section shall notify
the issuing court and the moving party of the defect and shall
not comply with the subpoena until the defect is cured by order
of the issuing court.
C. A party that omits or submits a false
attestation pursuant to this section shall be subject to the
jurisdiction of the courts of this state in a suit for damages,
penalties or both arising out of the omission or false
attestation. A court shall assess a statutory penalty of ten
thousand dollars ($10,000) per violation if the court finds the
omission or false attestation was made intentionally,
knowingly, willingly or recklessly."
SECTION 16. Section 24-35-5 NMSA 1978 (being Laws 2023,
Chapter 167, Section 5) is amended to read:
"24-35-5. ABUSIVE LITIGATION--INTERFERENCE WITH A
PROTECTED HEALTH CARE ACTIVITY--CIVIL ACTIONS.--
A. For purposes of this section, "abusive
litigation" means legal action initiated to deter, prevent,
sanction or penalize an individual or entity for engaging in a
protected health care activity by initiating a legal action in
another state where civil or criminal liability is based on
engaging in a protected health care activity in this state or
attempting to enforce an order or judgment issued in connection
with such legal action.
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B. An [individual] adult, an emancipated minor, a
minor with parental consent or [entity] a health care provider
claiming to be aggrieved by abusive litigation may file an
action in district court and seek relief pursuant to Section [8
of the Reproductive and Gender-Affirming Health Care Protection
Act] 24-35-8 NMSA 1978, as well as the amount of a judgment
issued in connection with the abusive litigation.
C. This section shall not apply to a lawsuit or
judgment entered in another state that is based on conduct for
which a cause of action exists under the laws of New Mexico."
SECTION 17. Section 24-35-6 NMSA 1978 (being Laws 2023,
Chapter 167, Section 6) is amended to read:
"24-35-6. HEIGHTENED PROTECTION FOR ELECTRONICALLY
TRANSMITTED INFORMATION RELATED TO A PROTECTED HEALTH CARE
ACTIVITY.--
A. For purposes of this section, "third party"
means an individual or entity who transmits information related
to a protected health care activity, in the normal course of
business, in an electronic format. "Third party" does not mean
a covered entity or business associate as defined by the
federal Health Insurance Portability and Accountability Act of
1996 and related regulations.
B. It shall be a violation of the Reproductive and
Gender-Affirming Health Care Protection Act to request from a
third party, or for a third party to transmit, information
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related to [an individual's ] any protected health care activity
of an adult, an emancipated minor or [entity's protected health
care activity] a health care provider or information related to
the reproductive health care activity of a minor with parental
consent with the intent to:
(1) harass, humiliate or intimidate that
[individual] adult, emancipated minor, minor with parental
consent or [entity] health care provider ;
(2) incite another to harass, humiliate or
intimidate that [individual ] adult, emancipated minor, minor
with parental consent or [entity] health care provider ;
(3) cause that [individual ] adult, emancipated
minor, minor with parental consent or health care provider to
reasonably fear for [that individual's own or family members' ]
the safety of:
(a) that adult or that adult's family;
(b) that emancipated minor or that
emancipated minor's family;
(c) that minor with parental consent or
the family of that minor with parental consent; or
(d) that health care provider or that
health care provider's family ;
(4) cause that [individual ] adult, emancipated
minor, minor with parental consent or health care provider to
suffer unwanted physical contact or injury;
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(5) cause that [individual ] adult, emancipated
minor, minor with parental consent or health care provider to
suffer substantial emotional distress; [or ]
(6) deter, prevent, sanction or penalize an
[individual] adult, an emancipated minor or [entity] a health
care provider for engaging in a protected health care activity;
or
(7) deter, prevent, sanction or penalize a
minor with parental consent or the parent of that minor for the
minor engaging in a reproductive health care activity .
C. This section shall not apply to a lawsuit or
judgment entered in another state that is based on conduct for
which a cause of action exists under the laws of New Mexico."
SECTION 18. Section 24-35-8 NMSA 1978 (being Laws 2023,
Chapter 167, Section 8) is amended to read:
"24-35-8. PRIVATE RIGHT OF ACTION.--
A. An [individual] adult, an emancipated minor, a
minor with parental consent or that minor's parent or [entity]
a health care provider claiming to be aggrieved by a violation
of the Reproductive and Gender-Affirming Health Care Protection
Act may file an action in district court for appropriate
relief, including temporary, preliminary or permanent
injunctive relief, compensatory damages or punitive damages, or
for the sum of ten thousand dollars ($10,000) per violation,
whichever is greater. Claims may be brought against a public
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body or third party that intentionally, knowingly, willingly or
recklessly released information related to a protected health
care activity.
B. In an action brought against a health care
provider pursuant to this section by a parent of a minor, if
the plaintiff prevails, the plaintiff shall provide a certified
copy of the final judgment in favor of the plaintiff to the
licensing authority responsible for the regulation of the
health care provider's license. Upon receipt of the certified
final judgment in favor of the plaintiff, pursuant to the
requirements of the Uniform Licensing Act, the licensing
authority shall:
(1) issue a notice of contemplated action for
revocation of the health care provider's license if the final
judgment includes a finding of gross negligence, knowingly
violating or willful or egregious misconduct, or if the final
judgment does not include a finding of gross negligence,
knowingly violating or willful or egregious misconduct, issue a
notice of contemplated action for suspension of the health care
provider's license for a period of up to two years; and
(2) send the health care provider a copy of
the notice of contemplated action along with the information
regarding the process to file for a hearing before the
licensing authority to contest the contemplated action.
[B.] C. In an action brought pursuant to
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[Subsection A of] this section, the district court shall award
a prevailing plaintiff reasonable attorney fees and costs."
SECTION 19. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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