N.M. Admin. Code § 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.
Notes
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No prior version found.