Current through Register Vol. 35, No. 18, September 24, 2024
A.
Authority; use of criminal history information: The emergency
medical services (EMS) bureau is authorized to obtain the criminal history
records of applicants and licensees, and to exchange fingerprint data directly
with the federal bureau of investigation, department of public safety (DPS) and
any other law enforcement agency or organization. The EMS bureau shall require
fingerprinting of applicants and licensees for the purposes of this section.
Information regarding felonies may form the basis of a denial, suspension or
revocation of licensure, and other disciplinary action when the conviction
relates directly to the profession or the practice of emergency medical
services.
B.
Procedure for
applicants and licensees:
(1) If an
applicant or licensee otherwise meets the application and eligibility
requirements, then the bureau shall require the applicant or licensee to submit
a request to the federal bureau of investigation, DPS or a DPS designated
vendor for a current criminal history screening through the national crime
information center ("NCIC"). The applicant or licensee shall undergo the
criminal history screening when first applying for either initial or renewal
licensure after the effective date of this rule, and every four years
thereafter.
(2) The department
shall provide applicants and licensees with the department's originating agency
identification (ORI) number for the purposes of criminal history
screening.
(3) An applicant or
licensee shall provide to DPS or a DPS designated vendor a criminal background
screening request, fingerprints, and supporting documentation including an
authorization for release of information to the department in accordance with
the procedures of DPS or the DPS designated vendor.
(4) DPS or the DPS designated vendor will
review state records and also transmit the fingerprints to the federal bureau
of investigation for a national screening. The results of the screening will be
made available to the department for review.
(5) Applicants and licensees shall bear any
costs associated with ordering or conducting criminal history screening. Fees
are determined by and payable to DPS or a DPS designated vendor. Fees cannot be
waived by the department.
(6) The
EMS bureau may, within its discretion, waive the criminal history screening
requirements of this section for an applicant or licensee who has submitted to,
and provided proof of, an equivalent criminal history screening through DPS or
through the DPS designated vendor within the previous nine months and was found
to have no criminal convictions.
(7) The EMS bureau shall comply with
applicable confidentiality requirements of the DPS and the federal bureau of
investigation regarding the handling and dissemination of criminal history
information.
C.
EMS
bureau review of criminal history screening information:
(1) The EMS bureau shall conduct a review of
applicants and licensees with an associated history of felonies. The bureau may
require the submission of additional information in writing from the applicant
or licensee in order to determine whether to pursue disciplinary action. Such
information may include (but not be limited to) evidence of acquittal or
dismissal, information concerning conviction of a lesser included crime, or
evidence of rehabilitation.
(2) The
Criminal Offender Employment Act, Section
28-2-1
et seq., NMSA 1978 shall govern any consideration of criminal
records required or permitted by this section. In accordance with Section
28-2-4
NMSA 1978 of that act, the following provisions shall apply:
If an applicant or licensee has been convicted of a felony,
and if that conviction relates directly to the profession or the practice of
emergency medical services, the department may deny, suspend, or revoke
licensure, or take other disciplinary action, on the basis of the
conviction(s). The burden of proof shall rest with the applicant or licensee to
prove that he or she has been sufficiently rehabilitated.
(3) Factors that may be considered by the EMS
bureau in determining whether to pursue disciplinary action against a licensee
or applicant on the basis of the individual's criminal history may include, but
shall not be limited to:
(a) the total number
of convictions;
(b) the time
elapsed since the most recent conviction;
(c) the circumstances and severity of the
crime(s), including whether drugs or violence were involved;
(d) activities evidencing rehabilitation,
including but not limited to completion of probation and completion of drug or
alcohol rehabilitation programs;
(e) any false or misleading statements made
by the applicant or licensee in an application or other materials;
and
(f) evidence concerning whether
an applicant or licensee poses a risk of harm to the health and safety of
patients or the public.
(4) An applicant or licensee whose license is
denied, suspended, or revoked, or who is otherwise made the subject of a
contemplated disciplinary action based on information obtained in a criminal
history background screening, shall be entitled to review the information
obtained pursuant to this section and to appeal the decision pursuant to the
Uniform Licensing Act, Section
61-1-1
et seq.,NMSA 1978, in accordance with department
rules.
