Policies, Protocols & Procedures
Policy as addressed in the New Mexico Statutes Annotated (NMSA). Under HIPAA (45 CFR § 164.502(g))., a parent/guardian generally has access to their child’s medical records. However, an exception is made if the minor consents to care that does not require parental/guardian consent under state law. Most providers take the position that if the minor can consent for the service, then they have the right to confidentiality and control access to and disclosure of medical records for those services (as below).