With no explanation, chose the best option from "A", "B", "C" or "D". 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

A: holding that fair use is an affirmative defense
B: 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
C: recognizing laches as an affirmative defense
D: 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
D.