N.M. Code R. § 16.12.12.10

Current through Register Vol. 35, No. 8, April 23, 2024

Section 16.12.12.10 - CRIMINAL CONVICTIONS

A. Convictions for any of the following felony offenses, or their equivalents in any other jurisdiction, are disqualifying criminal convictions that may disqualify an applicant from receiving or retaining a license or certificate issued by the board:

(1) homicide;

(2) aggravated assault, aggravated battery, kidnapping, false imprisonment, human trafficking, or other crimes of violence against persons;

(3) robbery, larceny, burglary, extortion, receiving stolen property, possession of burglary tools, unlawful taking of a motor vehicle, or other crimes involving theft or appropriation of personal property or funds;

(4) rape, criminal sexual penetration, criminal sexual contact, incest, indecent exposure, child solicitation, or other crimes constituting sexual offenses;

(5) driving under the influence of intoxicating liquor or drugs;

(6) trafficking controlled substances;

(7) crimes involving child abuse or neglect;

(8) fraud, forgery, money laundering, embezzlement, credit card fraud, counterfeiting, financial exploitation, or other crimes of altering any instrument affecting the rights or obligations of another;

(9) making a false statement under oath or in any official document;

(10) evasion of a lawful debt or obligation, including but not limited to tax obligations; or

(11) an attempt, solicitation or conspiracy involving any of the felonies in this subsection.

B. The board shall not consider the fact of a criminal conviction as part of an application for a license or certificate unless the conviction in question is one of the disqualifying criminal convictions listed in Subsection A of this rule.

C. The board shall not deny, suspend or revoke a license or certificate on the sole basis of a criminal conviction unless the conviction in question is one of the disqualifying criminal convictions listed in Subsection A of this rule.

D. Nothing in this rule prevents the board from denying an application or disciplining a licensee or certificate holder on the basis of an individual's conduct to the extent that such conduct violated the Nursing Practice Act, regardless of whether the individual was convicted of a crime for such conduct or whether the crime for which the individual was convicted is listed as one of the disqualifying criminal convictions listed in Subsection A of this rule.

E. In connection with an application for a license or certificate, the board shall not use, distribute, disseminate, or admit into evidence at an adjudicatory proceeding criminal records of any of the following:

(1) an arrest not followed by a valid conviction;

(2) a conviction that has been sealed, dismissed, expunged or pardoned;

(3) a juvenile adjudication; or

(4) a conviction for any crime other than the disqualifying criminal convictions listed in Subsection A of 16.12.12.10 NMAC.

N.M. Code R. § 16.12.12.10

Adopted by New Mexico Register, Volume XXXII, Issue 22, November 30, 2021, eff. 12/30/2021