N.M. Admin. Code § 16.36.4.9

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

Section 16.36.4.9 - DISQUALIFYING 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) murder;

(2) aggravated assault;

(3) assault with intent to commit a violent felony;

(4) aggravated battery inflicting great bodily harm or with a deadly weapon;

(5) kidnapping;

(6) abandonment of a child resulting in death or great bodily harm;

(7) abuse of child;

(8) negligent abuse of a child resulting in death;

(9) intentional abuse of a child 12 to 18 years old resulting in death;

(10) sexual exploitation of children;

(11) sexual exploitation of children by prostitution;

(12) criminal sexual penetration;

(13) criminal sexual contact;

(14) criminal sexual contact of a minor;

(15) aggravated indecent exposure;

(16) criminal sexual communication with a child;

(17) human trafficking;

(18) willfully or knowingly failing to comply with the registration or verification requirements of the Sex Offender Registration and Notification Act;

(19) willfully or knowingly providing false information when complying with the registration or verification requirements of the Sex Offender Registration and Notification Act;

(20) sex offender who fails to comply with SORNA re moving to another state;

(21) failure to comply with proclamation of the governor;

(22) practicing medicine without a license;

(23) forgery;

(24) fraud;

(25) aggravated escape from the custody of the children, youth and families department;

(26) bringing contraband into a juvenile detention facility or juvenile correctional facility;

(27) tampering with public records;

(28) delivering drug paraphernalia to a person under eighteen years of age and who is at least three years the person's junior;

(29) intentionally selling an imitation controlled substance to a person under the age of eighteen years; and

(30) selling or giving alcoholic beverages to minors, and possession of alcoholic beverages by minors.

B. 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 rule.

C. 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 rule.

D. 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 Body Art Safe 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 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 rule.

N.M. Admin. Code § 16.36.4.9

Adopted by New Mexico Register, Volume XXXII, Issue 01, January 11, 2022, eff. 2/3/2022