N.M. Admin. Code § 7.20.11.15

Current through Register Vol. 35, No. 23, December 10, 2024

Section 7.20.11.15 - CRIMINAL RECORDS CHECKS AND CLEARANCES

A. Every program that provides child/adolescent mental health and/or substance abuse services pursuant to these certification requirements, operating in the state of New Mexico, must initiate and provide to the department two completed state-and FBI-approved fingerprint cards for each employee who will serve as direct services staff. The agency must have received the criminal records clearance from the prevention and intervention division of the department prior to the employee's direct, unsupervised contact with clients of the program. Non-compliance with this requirement may result in sanction up to loss of certification as referenced in NMSA 1978 32A-15-3.

B. All agencies must comply with 8.8.3 NMAC Regulations governing criminal records checks.

C. Student trainees in psychiatry, psychology, social work and/or nursing, or other related health, social or human-services disciplines who are enrolled in a clinical training program of a New Mexico state accredited institution of higher learning, and who are under the supervision of a cleared licensed independent practitioner, may be allowed to work with children without direct physical supervision during their enrolled student tenure if the trainee signs a sworn affidavit attesting that he or she has never been convicted of a crime that would disqualify him or her from providing direct services to children.

D. The certification requirements governing criminal records clearances remain in effect while a program is accredited by COA, CARF or JCAHO.

E. If a prospective employee has not lived in the United States continuously for the five years previous to hire, the equivalent of a criminal records clearance is required from any country in which he/she has lived within the last five years, for a period longer than one year.

F. If the agency receives reliable evidence that indicates that an employee or prospective employee poses a potential risk of child abuse, sexual abuse, exploitation, moral turpitude, cruelty, or indifference to children, the agency is in violation of these certification requirements and subject to sanction up to loss of certification if that individual is hired or retained.

G. Upon request by the LCA, the agency will provide a list of employees who are not required to have a criminal records clearance, and the reason why not.

H. Non-compliance with any certification requirement relating to criminal records checks and clearances may result in sanction or loss of certification. In addition to the foregoing, the following certification requirements relate to criminal records checks and clearances:

(1) 16.G.1(f) concerning prospective employee history verification and reference checks;

(2) 16.G.1(h) concerning letters of attestation for employees pending clearances;

(3) 16.G.2 concerning disclosure of arrests/convictions;

(4) 16.H.1-5 concerning staff schedules.

N.M. Admin. Code § 7.20.11.15

7.20.11.15 NMAC - Rp 7 NMAC 20.11.15, 03/29/02