N.M. Admin. Code § 16.63.13.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.63.13.9 - DISQUALIFYING CRIMINAL CONVICTIONS

A. Felony 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 board:

(1) homicide, manslaughter, great bodily harm, wounding, or maiming;

(2) trafficking, trafficking in, unlawful distribution of, or possession of controlled substances;

(3) human trafficking, stalking, kidnapping, false imprisonment, assault, aggravated assault, battery, or aggravated battery;

(4) rape, criminal sexual penetration, criminal sexual contact, incest, indecent exposure, sexual exploitation, or other related felony sexual offenses;

(5) crimes involving adult abuse, neglect or financial exploitation;

(6) crimes involving child abuse, neglect, abandonment or solicitation;

(7) crimes involving robbery, larceny, theft, extortion, burglary, bribery, fraud, forgery, embezzlement, breaking and entering, damage to property, identity theft, arson, perjury, false pretenses, credit card fraud, or receiving stolen property;

(8) practicing medicine without a license;

(9) failure to comply with a proclamation of the governor;

(10) crimes involving the unlawful possession, use, discharge, or sale of a firearm, weapon, or explosives;

(11) furnishing or bringing contraband or drugs into a prion, jail, or juvenile detention facility;

(12) driving under the influence of intoxicating liquor, substances or drugs;

(13) an attempt, solicitation, or conspiracy involving any of the felonies in this subsection.

B. The board 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 rule.

C. The board 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 board from denying an application or disciplining a licensee on the basis of an individual's conduct to the extent that such conduct violated the Social Work Practice 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 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 rule.

N.M. Admin. Code § 16.63.13.9

Adopted by New Mexico Register, Volume XXXIII, Issue 05, March 8, 2022, eff. 3/13/2022