N.M. Admin. Code § 8.8.3.10

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

Section 8.8.3.10 - COMPLIANCE

A. Compliance with these rules is a condition of licensure, registration, certification or renewal, or continuation of same or participation in any other program or contract within the scope of these rules.

B. The licensee is required to:

(1) submit an electronic fingerprint submission receipt and the required forms for all direct care providers, or any employee, contractor, volunteer, or student intern present while care recipients are present, or other adult as required by the applicable rules prior to the commencement of service, whether as employee, contractor, or volunteer;

(2) verify the employment history of any prospective direct care provider by contacting references and prior employers/agencies to elicit information regarding the reason for leaving prior employment or service; the verification shall be documented and available for review by the licensing authority;

(3) provide such other information BCU employees determine to be necessary; and

(4) maintain documentation of all applications, correspondences, and eligibility relating to the required background checks; in the event that the licensee does not have a copy of an applicant's eligibility documentation and upon receipt of a written request for a copy, the BCU may issue duplicate eligibility documentation to the original licensee provided that the request for duplicate eligibility documentation is made within one year of the applicant's eligibility date.

C. If there is a need for any further information from an applicant at any stage of the process, the BCU shall request the information in writing from the applicant. If the BCU does not receive the requested information within 15 calendar days of the date of the request, the BCU shall deny the application and send a notice of background check denial for failure to respond.

D. Any person who knowingly makes a materially false statement in connection with these requirements will be denied eligibility.

N.M. Admin. Code § 8.8.3.10

8.8.3.10 NMAC - Rp, 8.8.3.10 NMAC, 03/31/06; A, 07/31/09; A, 05/31/11, Amended by New Mexico Register, Volume XXVI, Issue 14, July 30, 2015, eff. 7/30/2015, Adopted by New Mexico Register, Volume XXVII, Issue 18, September 30, 2016, eff. 10/1/2016, Amended by New Mexico Register, Volume XXXI, Issue 13, July 14, 2020, eff. 7/14/2020, Adopted by New Mexico Register, Volume XXXV, Issue 22, November 19, 2024, eff. 11/20/2024