Current through Register Vol. 35, No. 18, September 24, 2024
A.
Prohibition on employment: A care provider shall not hire or
continue the employment or contractual services of any applicant, caregiver or
hospital caregiver for whom the care provider has received notice of a
disqualifying conviction, except as provided in Subsection B of this section.
(1) In cases where the criminal history
record lists an arrest for a crime that would constitute a disqualifying
conviction and no final disposition is listed for the arrest, the authority
will attempt to notify the applicant, caregiver or hospital caregiver and
request information from the applicant, caregiver or hospital caregiver within
timelines set forth in the authority's notice regarding the final disposition
of the arrest. Information requested by the authority may be evidence, for
example, a certified copy of an acquittal, dismissal or conviction of a lesser
included crime.
(2) An applicant's,
caregiver's or hospital caregiver's failure to respond within the required
timelines regarding the final disposition of the arrest for a crime that would
constitute a disqualifying conviction shall result in the applicant's,
caregiver's or hospital caregiver's temporary disqualification from employment
as a caregiver or hospital caregiver pending written documentation submitted to
the authority evidencing the final disposition of the arrest. Information
submitted to the authority may be evidence, for example, of the certified copy
of an acquittal, dismissal or conviction of a lesser included crime. In
instances where the applicant, caregiver or hospital caregiver has failed to
respond within the required timelines the authority shall provide notice by
certified mail that an employment clearance has not been granted. The care
provider shall then follow the procedure of Subsection A of 8.370.5.9
NMAC.
(3) The authority will not
make a final determination for an applicant, caregiver or hospital caregiver
with a pending potentially disqualifying conviction for which no final
disposition has been made. In instances of a pending potentially disqualifying
conviction for which no final disposition has been made, the authority shall
notify the care provider, applicant, caregiver or hospital caregiver by
certified mail that an employment clearance has not been granted. The care
provider shall then follow the procedure of Subsection A of 8.370.5.9
NMAC.
B.
Employment
pending reconsideration determination: At the discretion of the care
provider, an applicant, caregiver or hospital caregiver whose nationwide
criminal history record reflects a disqualifying conviction and who has
requested administrative reconsideration may continue conditional supervised
employment pending a determination on reconsideration.
C.
Notice of final determination of
disqualification: Upon receipt of a notice of final determination of
disqualification a care provider shall:
(1)
immediately and permanently remove an applicant, caregiver or hospital
caregiver from any position of employment that meets the definition of an
applicant, caregiver or hospital caregiver as set forth in Subsections D and K
of 8.370.5.7 NMAC; and
(2) notify
the authority by letter within 14 calendar days, as determined by the postmark,
of the date and type of action taken to satisfy the removal requirements of as
set forth in Paragraph (1) of Subsection C of this section via written
documentation signed by an authorized agent of the care provider.
