N.M. Admin. Code § 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.
Notes
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