Senate passes bill aimed at shielding abortion providers under NM open records law

SANTA FE — Records containing personal identifying information about certain New Mexico abortion providers would be exempted from the state’s open records law under a bill approved Monday by the state Senate.

Backers of the legislation, Senate Bill 57, which passed on a party-line 26-16 vote, called the step necessary due to threats to providers in a state with among the least restrictions on abortion services in the country.

“Asking for an exemption is a big deal,” said Senate Majority Leader Peter Wirth, D-Santa Fe, during Monday’s debate. “What these folks face is also a big deal.”

But Republican senators pushed back against the legislation, saying it could be used to keep confidential statistics and data about how many abortions are performed in New Mexico.

“New Mexicans rightfully deserve to know how their taxpayer dollars are being spent,” said Senate Minority Whip Pat Woods, R-Broadview. “This bill aims to directly contradict that.”

New Mexico lawmakers in 2021 voted to repeal a state abortion ban that had been largely dormant for decades.

That repeal proved impactful when the U.S. Supreme Court a year later overturned the landmark Roe v. Wade ruling that had legalized abortion nationwide.

While other neighboring states subsequently enacted bans on abortion services, an estimated 21,000 abortions were performed in New Mexico in 2023. Patients coming to the state from Texas made up about 70% of that number, according to a study from the Guttmacher Institute.

New Mexico’s Inspection of Public Records Act already allows for public records dealing with trade secrets, medical examinations and the identities of certain crime victims to be kept confidential.

But some anti-abortion advocates have talked openly about obtaining 911 calls as part of their campaign to gather information about abortion facilities.

The legislation advancing at the Roundhouse would add a new exemption related to records containing “personal identifying information or sensitive information” related to medical providers employed by a public body who perform abortion services.

It would only apply to doctors at the University of New Mexico Center for Reproductive Health, since the state’s other abortion clinics are private and are not subject to the state’s open records laws, Wirth said.

Several first-term Senate Democrats spoke in favor of the bill during Monday’s debate, with Sen. Angel Charley of Acoma citing statistics showing an increase in stalking of abortion providers.

Sen. Cindy Nava, D-Albuquerque, said the bill would address a “gap in provider safety” amid requests for records dealing with their travel plans and other information.

Another senator, Joseph Cervantes, D-Las Cruces, said one of his daughters is studying obstetrics in Texas and might eventually return to New Mexico to practice.

If she does, he said her personal identifying information should not be publicly accessible.

“I accept that risk, but she shouldn’t have to,” Cervantes said.

The bill now advances to the House of Representatives with less than three weeks left in the 60-day legislative session.