New Mexico Curandero Referral and Intake Forms: A Guide to Privacy Laws

New Mexico law identifies culturally traditional healing practices, including practices by a curandera, as complementary and alternative health care services. For practitioners covered by the Unlicensed Health Care Practice Act, the law requires a practitioner disclosure statement and a written patient acknowledgment before services begin. It does not prescribe a standard curandero intake or referral form. New Mexico Senate Bill 135 and the Unlicensed Health Care Practice Act provide the relevant statutory framework.

What New Mexico law requires curanderas to disclose before providing services

Before providing services, a practitioner covered by the Act must give the patient an information document in plain language the patient understands. If the patient cannot read, the information may be given orally in a language the patient understands. The Act has exceptions, including for certain services provided within the scope of employment or under the direction of a licensed health care facility or provider.

The practitioner disclosure statement must include:

• The practitioner’s name, title, business address, and telephone number.
• A statement that the practitioner is not licensed by New Mexico as a health care practitioner.
• A statement that the services are complementary or alternative to services provided by New Mexico-licensed health care practitioners.
• The nature and expected results of the services.
• The practitioner’s relevant degrees, education, training, experience, or other qualifications.
• Fees per unit of service, the billing method, and notice of the patient’s right to reasonable notice of changes in services or charges.
• Notice of the patient’s right to current information about the assessment, recommendations, expected duration of services, and access to their records and written information from those records.
• A statement that patient records and transactions are confidential unless the patient authorizes release in writing or disclosure is otherwise provided by law.
• A statement that the patient has a right to coordinated transfer when the service provider changes.
• The department’s name, address, and telephone number, and notice that the patient may file a complaint with the department.

These are disclosure requirements, not a general medical-treatment consent checklist. The Act also prohibits covered practitioners from making a specific conventional medical diagnosis or recommending that a patient stop treatment prescribed by a licensed practitioner. The enacted Act contains the disclosure duties and restrictions.

What information should a curandero intake form collect

The Act specifies what the pre-service information document must say, but it does not set out a required intake-form template or mandatory intake fields. Keep the two documents distinct: the disclosure document explains the practitioner’s role, services, fees, rights, and confidentiality practices; an intake form gathers information useful for the requested service.

As a practical starting point, an intake form may collect:

• The patient’s name and preferred contact details, plus a date of birth when needed to distinguish records.
• The patient’s reason for seeking services, recorded in their own words.
• Relevant health information the patient chooses to share, such as current medications, allergies, or conditions that may affect the requested service.
• The services requested and any communication, language, or accessibility needs.
• Emergency contact details, if appropriate and with the patient’s understanding of how they may be used.
• Whether the patient wants a referral or coordinated transfer, and any separate permission needed to share information.

These are practical suggestions, not a state-mandated checklist. Collect information that is relevant to the service, explain why you are asking for it, and avoid inviting the patient to rely on the form for a conventional diagnosis. Include a clear confidentiality statement so patients understand how confidential patient records will be handled.

How to document patient acknowledgment and retain records

The practitioner must obtain a written patient acknowledgment stating that the patient received a copy of the information document. If the patient cannot write, the practitioner may obtain an oral acknowledgment witnessed by a third party. The patient must receive a copy of the written acknowledgment, and the practitioner must maintain it for three years. Section 5 of the enacted Act sets out these requirements.

For a clear record, keep the version of the disclosure document provided, the date and language in which it was given, and the patient’s acknowledgment. If acknowledgment is oral, documenting the date and witness is a useful way to show how the requirement was met. These documentation steps are practical safeguards; the statute specifically requires the acknowledgment, a copy for the patient, and three-year retention of that acknowledgment.

The three-year period in this provision applies to the acknowledgment; it should not be treated as a general retention period for every patient record. The Act separately requires confidentiality. Limit access to records to people who need it for authorized work, use secure storage, and establish a record-retention and secure-destruction policy appropriate to the practitioner’s other legal obligations.

When written authorization is needed to release patient information

For a practitioner covered by the Unlicensed Health Care Practice Act, written authorization is the default before confidential patient information is released. The Act requires the disclosure document to explain that records and transactions are confidential unless the patient authorizes release in writing or disclosure is otherwise provided by law. It also prohibits revealing confidential patient information without the patient’s written consent. The Act’s confidentiality provisions describe this rule.

As a practical safeguard, use a written authorization for release that identifies the patient, the recipient, the information to be shared, and the purpose of the disclosure. Keep the authorization with the relevant records and share only information appropriate to the stated purpose. The Unlicensed Health Care Practice Act does not provide a detailed authorization-form template.

HIPAA does not automatically apply to every curandero. It applies to HIPAA-covered entity and business associates; a health care provider generally becomes a HIPAA-covered entity by conducting certain specified transactions electronically. HIPAA permits covered providers to disclose information for treatment in circumstances where authorization is not required, but more protective state privacy rules may also apply. Do not assume a HIPAA permission by itself overrides New Mexico’s written-consent rule; identify the specific law that permits a disclosure without authorization. See HHS guidance on who must comply with HIPAA, HHS guidance on treatment disclosures, and HHS guidance on more protective state law.

How New Mexico electronic medical record consent rules apply

New Mexico’s Electronic Medical Records Act addresses use and disclosure of health care information in electronic medical records by the entities covered by that law. Its general rule is that the information may not be used or disclosed to another person without the individual’s consent, except as allowed by state or federal law. The 2021 law amending the Electronic Medical Records Act identifies exceptions that include disclosure to a provider who needs information to treat an immediate life-threatening condition and certain treatment, payment, and health care operations disclosures subject to federal law and, where applicable, federal substance-use-disorder confidentiality requirements.

For a request through a record locator service or health information exchange, the requesting provider or institution must warrant that the request is for treatment, is permitted by written authorization, or is otherwise allowed by law. This is relevant to electronic medical record disclosure consent, but it does not create one universal consent form for every electronic record or every practitioner.

The Electronic Medical Records Act also recognizes an electronic medical record or electronic signature when a law or rule requires a medical record to be in writing or requires a signature pertaining to a medical record. Using an electronic signature does not remove the need to capture the patient’s consent where applicable or to follow the confidentiality rules governing the disclosure. New Mexico Senate Bill 278 contains these electronic-record provisions.

What referral forms should include and what state law does not require

The Unlicensed Health Care Practice Act gives patients a right to coordinated transfer when their complementary or alternative health care provider changes. It does not prescribe a standard curandero referral form or a universal list of required referral fields. A referral form can support coordination, but it should not be mistaken for the separate disclosure document or a release authorization.

For a useful referral, consider including the patient’s identifying and contact information; the receiving practitioner or facility; the reason for referral in the patient’s or practitioner’s non-diagnostic terms; the relevant services or information being requested; and a way for the receiving provider to contact the referring practitioner. Before sending confidential information, obtain written authorization unless a specific law permits the disclosure without it. Limit the information shared to what is appropriate for the referral.

New Mexico law also prohibits covered complementary and alternative health care practitioners from engaging in fee splitting or kickbacks for referrals. Keep referral decisions focused on the patient’s needs, explain the practitioner’s role accurately, and document the patient’s choice and any information-sharing permission. In short, the law requires a pre-service disclosure, a retained acknowledgment, and confidentiality—not a particular intake or referral form.

FAQs.

Does New Mexico require a specific curandero intake form?

No specific curandero intake-form template is prescribed by the Unlicensed Health Care Practice Act. The Act does require covered practitioners to provide a pre-service information document with specified disclosures and obtain a patient acknowledgment of receipt.

What must a New Mexico curandero disclose before providing services?

The practitioner must provide their identity and contact information, explain that they are not licensed as a New Mexico health care practitioner, describe the complementary or alternative services and their expected results, disclose relevant qualifications and fees, explain patient rights regarding information and records, state confidentiality terms and the right to coordinated transfer, and provide department complaint information.

How long must practitioners retain a patient acknowledgment?

A practitioner covered by the Act must maintain the acknowledgment for three years and give the patient a copy. This specific retention requirement applies to the acknowledgment; it does not itself establish a general retention period for every patient record.

When may a curandero share patient information without written authorization?

Only when a specific state or federal law permits or requires disclosure. The Electronic Medical Records Act includes certain exceptions, such as information needed by a provider to treat an immediate life-threatening condition, if the Act applies to the practitioner and record. Because confidentiality rules can depend on the practitioner, information, and circumstances, written authorization is the safer default for referrals and other disclosures.