Records pertaining to physical or mental examinations and medical treatment of persons confined to any institution are exempt from IPRA. This exception is consistent with HIPPA, the federal law that keeps private most medical documents. NMSA 1978 § 14-2-1-A (1)

The New Mexico Supreme Court expanded the exception to protect employee records pertaining to illness, injury, disability, inability to perform a job task and sick leave. This Court also ruled the exception applied to all records kept by any governmental agency relating to physical or mental illness or medical treatment, not just to persons confined to institutions. State ex rel. Newsome v. Alarid, 90 N.M. 790, 568 P. 2d 1236 (1977)