N.M. Code R. § 7.29.5.10

Current through Register Vol. 35, No. 9, May 7, 2024

Section 7.29.5.10 - COMMUNITY HEALTH WORKER CERTIFICATION

A. Initial certification:

(1) All applicants for initial certification in New Mexico shall:

(a) submit to the department a completed application in a form specified by the department to include verification that applicant has met the eligibility requirements;

(b) submit to the department the designated application fee; and

(c) if an applicant otherwise meets the eligibility requirements, then in accordance with this rule, submit a request to the department of public safety (DPS) or a DPS vendor for a state and national criminal history screening. The results of the criminal history screening shall be received by the department before a certificate can be issued.

(2) Eligibility requirements for applicants who were practicing CHWs before the effective date of the Community Health Workers Act:

(a) proof that applicant is at least 18 years of age; and

(b) verification of proficiency in the core competencies through training or experience, signed by a current or former supervisor; and

(c) two letters of reference; and

(d) documentation of 2,000 hours of work or volunteer experience as a CHW in the two years prior to application, or documentation of at least half-time paid or volunteer employment as a CHW in the five years prior to application.

(3) Eligibility requirements for applicants who were not practicing CHWs before the effective date of the Community Health Workers Act, or who otherwise do not meet the criteria for grandfathering by waiver of minimum training and experience requirements based on practice before the effective date of the Community Health Workers Act:

(a) proof that applicant is at least 18 years of age; and

(b) proof of completion of a department-approved training program that contains an examination component for each of the core competencies; and

(c) at least a high school diploma or certificate of high school equivalency.

(4) Applicants may be certified at the following levels:

(a) generalist: an applicant who provides proof of completion of a department-approved training program that contains an examination component for each of the core competencies, or an applicant who meets the requirements for certification through grandfathering;

(b) specialist I: an applicant who meets the requirements for a generalist and who demonstrates additional education or training in at least one specialty area;

(c) specialist II: an applicant who meets the requirements for a generalist and who demonstrates additional education or training in at least two specialty areas;

(d) specialist III: an applicant who meets the requirements for a generalist and who demonstrates additional education or training in three or more specialty areas;

(e) specialty areas include but are not limited to basic clinical support skills, heart health, chronic disease, behavioral health, maternal and child health or developmental disabilities.

(5) The department shall issue certificates to applicants who satisfy the requirements of this rule, unless the application is disapproved.

(6) Certificates shall be valid for two years from the date of issuance. A CCHW shall carry the CCHW certificate and present it upon request.

B. Recertification: An applicant for recertification shall:

(1) Submit to the department a completed application in a form specified by the department to include proof of current certification.

(2) Submit to the department the designated application fee.

(3) Provide proof of completion of at least 30 hours of department-approved continuing education.

(4) Every other recertification period (every four years), if an applicant otherwise meets the eligibility requirements, then in accordance with this rule, submit a request to DPS or a DPS vendor for a current state and national criminal history screening.

C. Reinstatement after lapse, suspension, or revocation:

(1) The requirements for reinstatement of a certificate that has lapsed for one year or less are the same as those for recertification, with the payment of fees as identified for reinstatement after lapse in Subsection F of 7.29.5.10 NMAC and, if required as part of recertification, then in accordance with this rule, submission of a request to DPS or a DPS vendor for a current state and national criminal history screening.

(2) The requirements for reinstatement of a certificate that has lapsed more than one year prior to the application date are the same as those for an initial application.

(3) The requirements for reinstatement of a certificate that has been suspended or revoked are the same as those for recertification, provided that the term of suspension has been completed or terminated or approval of reinstatement after revocation has been granted. Applicant shall pay the designated fees for reinstatement after suspension or revocation in Subsection F of 7.29.5.10 NMAC and, in accordance with this rule, submit a request to DPS or a DPS vendor for a current state and national criminal history screening.

D. Disapproval:

(1) The department may disapprove an application if an applicant has not met the eligibility requirements as defined by the department or has submitted an incomplete application. The department shall send a notice of disapproval with the reasons why the applicant was disapproved and the requirements necessary to reapply.

(2) An applicant whose application has been disapproved under Paragraph (1) of Subsection D of 7.29.5.10 NMAC may not appeal the disapproval. The applicant shall be permitted to reapply and shall submit a current and complete application that meets the designated requirements within 60 days of receipt of the notice of disapproval. If the re-submitted application is received by the program within the 60 days, no new application fee is required. If the re-submitted application is received after the 60 days, applicant shall be required to pay the application fee designated in this rule.

E. Application processing:

(1) Applications, including associated fees, shall be sent to the department's office of community health workers.

(2) The department shall review applications on a rolling basis. Applicants shall be notified in writing within 30 working days of receipt of the application by the department whether their application has been approved or disapproved.

(3) If an application has been disapproved, applicants shall be notified of their ability to reapply pursuant to Paragraph (2) of Subsection D of 7.29.5.10 NMAC.

(4) If an application has been approved, then applicants shall be directed to complete a state and national criminal history screening. For applicants with no criminal history, or with no history of felony convictions, the department shall issue a certificate within 10 working days of receipt of the criminal history screening results.

(5) Applications with an associated criminal history shall be referred to the certification review committee and reviewed according to the procedure set forth in this rule.

F. Fees:

(1) The department shall charge the following fees for certification or approval services.

(a) initial certification: generalist $45

(b) initial certification: specialist I $55

(c) initial certification: specialist II $65

(d) initial certification: specialist III $75

(e) recertification for any level $45

(f) reinstatement after lapse $75

(g) reinstatement after suspension or revocation $100

(h) education, training, or continuing education program approval $300

(i) program approval renewal $200

(2) If an applicant is certified as a generalist, prior to his or her recertification the applicant may apply to be a specialist at any level and pay the difference between the specialist fee and the generalist fee.

(3) Payment of fees: Payment of fees will be accepted in a form specified by the department. Fees are not refundable.

(4) Use of fees: The department shall apply any fee it collects under these rules to cover the costs of administering the community health worker certification program established pursuant to the Community Health Workers Act.

G. Unauthorized practice:

(1) In order to use the title "certified community health worker," the initials "CCHW" or other designation indicating that the individual is a certified community health worker, an individual shall be certified pursuant to the provisions of the Community Health Workers Act and these rules.

(2) To ensure compliance, the department may issue cease-and-desist orders to persons violating the provisions of the Community Health Workers Act or these rules.

(3) A CCHW shall engage only in those activities authorized pursuant to the Community Health Workers Act and these rules. While engaging in practice as a CCHW, an individual shall not engage in or perform any act or service for which another professional certificate, license or other legal authority is required unless he or she holds the relevant professional certificate, license or other legal authority to perform that act or service.

N.M. Code R. § 7.29.5.10

Adopted by New Mexico Register, Volume XXVI, Issue 02, January 30, 2015, eff. 1/30/2015