New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 23 - RESPIRATORY CARE PRACTITIONERS
Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS
Section 16.23.17.10 - CRIMINAL CONVICTIONS

Universal Citation: 16 NM Admin Code 16.23.17.10

Current through Register Vol. 35, No. 18, September 24, 2024

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.

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