Law note · New Mexico

Genetic Information Privacy Act

cite NMSA 1978 Secs. 24-21-1 to 24-21-7 stage IMMINENT commencement not set reviewed 2026-08-28

No person may obtain genetic information or samples for genetic analysis from an individual, or perform genetic analysis or collect, retain, transmit, or use genetic information, without first obtaining the individual's or their authorized representative's informed, written consent, subject to nine numbered exceptions covering law enforcement, newborn screening, de-identified use, medical repositories, and research.

Person is not limited to government or insurers; a separate section prohibits genetic discrimination specifically by insurers. Enacted in 1998 (House Bill 331) and amended in 2015 (House Bill 369, which replaced person with individual in the penalties subsection); the enrolled bill text for neither version prints an explicit commencement sentence, so no effective_date is recorded here.

What it asks of an app

  • Obtain a person's informed, written consent before obtaining their genetic information or samples for genetic analysis, or before performing genetic analysis or collecting, retaining, transmitting, or using their genetic information, unless a statutory exception applies.
  • Expect an individual whose rights under this Act are violated to be able to sue directly for damages or other relief, in addition to Attorney General or district attorney enforcement.

When LexLint raises it

Declared activities: crawls_web, trains_models

Primary source: official New Mexico enrolled bill text
House Bill 331 of 1998, as amended by House Bill 369 of 2015, New Mexico Legislature. The codified section numbers cannot be verified against this source: New Mexico's codified-statute portal (nmonesource.com) is client-rendered and returns no text at any crawler tier including STEALTH_PLUS (#7952), and the enrolled bill prints neither its own bill number nor the NMSA numbers its sections became, so the citation anchors appear nowhere in it. The section-by-section correspondence was verified by hand: each "SECTION N" of the bill maps 1:1 onto the codified section of the same ordinal.

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