and allow or require a health-care provider to make a disclosure. Health-care providers must report actual or suspected cases of child neglect or abuse. See NMSA 1978, § 32A-4-3(A) (1997). Such reports are not subject to the psychotherapist-patient privilege insofar as they are communications that the therapist is “required by statute to report to a public employee or state agency.” See Rule 11-504(D)(4), NMRA 1997. There is an exception for disclosures which are necessary to protect against dangers that patients may pose to themselves or others. See §§ 61-9A-27(B), 61-31-24(B) (allowing for disclosure of confidential information that reveals contemplation of crime or harmful act or indicates that person was victim of crime required to be reported by law); Clinger, 446 N.Y.S.2d at 805 (<HOLDING>). Rule 11-504(D) also lists specific exceptions
holding that fair use is an affirmative defense recognizing that necessity of disclosing information to protect against danger that patient poses to himself or others may provide affirmative defense to wrongful disclosure claim holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure  contained enough information to enable the government to pursue an investigation against the defendant recognizing laches as an affirmative defense recognizing the affirmative defense of usury