A. For purposes of this section, “third party” means an individual or entity who transmits information related to a protected health care activity, in the normal course of business, in an electronic format. “Third party” does not mean a covered entity or business associate as defined by the federal Health Insurance Portability and Accountability Act of 1996 and related regulations.

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B. It shall be a violation of the Reproductive and Gender-Affirming Health Care Protection Act to request from a third party, or for a third party to transmit, information related to an individual’s or entity’s protected health care activity with the intent to:

(1)     harass, humiliate or intimidate that individual or entity;

(2)     incite another to harass, humiliate or intimidate that individual or entity; (3)     cause that individual to reasonably fear for that individual’s own or family members’ safety;

(4)     cause that individual to suffer unwanted physical contact or injury; (5)     cause that individual to suffer substantial emotional distress; or

(6)     deter, prevent, sanction or penalize an individual or entity for engaging in a protected health care activity.

C. This section shall not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of New Mexico.