N.M. Admin. Code § 16.19.4.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.19.4.8 - DEFINING GROSS IMMORALITY

Gross immorality shall constitute a felony conviction of a crime involving a disqualifying criminal conviction. "Conviction" means either a plea of guilty or nolo contendere, or any other full adjudication on the merits by a court of competent jurisdiction, including but not limited to a trial. A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence.

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

(1) Section 30-2-1 NMSA 1978 "Murder";

(2) Sections 30-9-1 and 30-9-11 to 30-9-13 NMSA 1978, Criminal sexual offenses, including of a minor and enticement of a child;

(3) Sections 30-37-2 to 30-37-3.3 NMSA 1978, Sexually oriented material harmful to minors, including child solicitation by electronic communication device and criminal sexual communication with a child;

(4) Sections 30-6A-3 to 30-6A-4 NMSA 1978, Sexual exploitation of children, including prostitution;

(5) Section 30-16-2 NMSA 1978 "Robbery";

(6) Section 30-16-6 NMSA 1978 "Fraud";

(7) Section 30-16-8 NMSA 1978 "Embezzlement";

(8) Section 30-16-9 NMSA 1978 "Extortion";

(9) Section 30-16-10 NMSA 1978 "Forgery";

(10) Section 30-16-11 NMSA 1978 "Receiving stolen property";

(11) Section 30-16-24.1 NMSA 1978 "Theft of identity; obtaining identity by electronic fraud";

(12) Section 30-16-30 NMSA 1978 "Dealing in credit cards of another";

(13) Section 30-16-31 NMSA 1978 "Forgery of a credit card";

(14) Section 30-16-33 NMSA 1978 "Fraudulent use of a credit card";

(15) Section 30-28-3 NMSA 1978 "Criminal solicitation";

(16) Section 30-42-4 NMSA 1978 "Engaging in a pattern of racketeering activity";

(17) Sections 30-44-4 to 30-44-7 NMSA 1978, Offenses related to Medicaid Fraud;

(18) Sections 30-47-4 to 30-47-6 NMSA 1978, Abuse or neglect of a care facility resident, exploitation of a care facility resident's property;

(19) Section 30-51-4 NMSA 1978 "Money laundering";

(20) Section 30-52-1 NMSA 1978 "Human trafficking";

(21) Section 24-26-12 NMSA 1978 "Intentionally hampering, obstructing, tampering with or destroying a monitoring device or a recording made by a monitoring device installed in a facility pursuant to the Patient Care Monitoring Act" (Sections 24-26-1 to 24-26-12 NMSA 1978);

(22) Section 27-5-12 NMSA 1978 Making false statement in claim for payment under Indigent Hospital and County Health Care Act (Chapter 27, Article 5 NMSA 1978);

(23) Section 66-8-102 NMSA 1978 "Fourth or subsequent conviction for driving under the influence of intoxicating liquor or drugs";

B. Unless otherwise specified by law, the board shall not consider a criminal conviction as part of an application for licensure unless the conviction in question is one of the disqualifying criminal convictions listed in Subsection A of this Section 16.19.4.8 NMAC. Any decision by the Board to take action against an applicant or licensee on the basis of a disqualifying criminal conviction shall occur in conformance with the Uniform Licensing Act.

C. Nothing in this section prevents the board from denying an application or disciplining a licensee on the basis of the licensee or applicant's conduct to the extent that such conduct violated the Pharmacy Act (Chapter 61, Article 11 NMSA 1978), the Drug Device and Cosmetic Act (Chapter 26, Article 1 NMSA 1978), the Controlled Substances Act (Chapter 30, Article 31 NMSA 1978), the Imitation Controlled Substances Act (Chapter 30, Article 31A NMSA 1978), or the Drug Precursor Act (Chapter 30, Article 31B NMSA 1978), or similar act of another state or of the United States, or pursuant to the Impaired Health Care Provider Act (Chapter 61, Article 7 NMSA 1978), or the Impaired Pharmacists Act (Chapter 61, Article 11 NMSA 1978), 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. Proceedings shall occur in conformance with the Uniform Licensing Act (Chapter 61, Article 1 NMSA 1978).

D. Notwithstanding Subsection C of this Section, in connection with an application for licensure, 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 this section.

N.M. Admin. Code § 16.19.4.8

03-01-93; 16.19.4.8 NMAC - Rn, 16 NMAC 19.4.8, 03-30-02, Amended by New Mexico Register, Volume XXXII, Issue 22, November 30, 2021, eff. 11/30/2021