N.M. Admin. Code § 16.23.17.10

Current through Register Vol. 36, No. 1, January 14, 2025

Section 16.23.17.10 - CRIMINAL CONVICTIONS

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

(1) conviction for a felony violation of the Controlled Substances Act, 30-31 NMSA 1978;

(2) conviction of a felony involving intentionally violent acts, use of a deadly weapon, criminal sexual exploitation or contact; and

(3) conviction of a felony involving Medicaid billing, Medicare billing, or health insurance billing related fraud.

B. The department shall not consider the fact of 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.

C. The department shall not deny, suspend or revoke a license 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 department from denying an application or disciplining a licensee on the basis of an individual's conduct to the extent that such conduct violates the Respiratory Care Act or the Impaired Health Care Provider 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 licensure, the department 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 rule.

N.M. Admin. Code § 16.23.17.10

Adopted by New Mexico Register, Volume XXXIII, Issue 06, March 22, 2022, eff. 4/21/2022