N.M. Admin. Code § 16.27.1.18

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

Section 16.27.1.18 - 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 board:

(1) physical harm to another;

(2) sexual harm to another;

(3) alcohol or drug related offenses;

(4) white collar crimes;

(5) financial crimes;

(6) property crimes; or

(7) any conviction that could qualify as a violation under the New Mexico counseling and therapy Practice board's code of ethics outlined within 16.27.18 NMAC.

B. Having one of the above listed convictions may result in your application or license going before the board for review. The board may require a hearing before determining if the application or license should be denied, suspended, revoked, approved, or renewed.

C. The board 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.

D. The board 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 section.

E. Nothing in this rule prevents the board from denying an application or disciplining a licensee on the basis of an individual's conduct to the extent that such conduct violated the Counseling and Therapy 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 section.

F. 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 § 16.27.1.18

Adopted by New Mexico Register, Volume XXXII, Issue 22, November 30, 2021, eff. 11/30/2021