N.M. Admin. Code § 8.8.3.11

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

Section 8.8.3.11 - COMPLIANCE EXCEPTIONS

A. An applicant may not begin providing services prior to obtaining background check eligibility unless all of the following requirements are met:

(1) the licensee shall send the BCU a completed application form and an electronic fingerprint submission receipt;

(2) until receiving background eligibility, the applicant shall at all times be under direct, physical supervision; and

(3) no more than 45 days shall have passed since the date of the initial application unless the BCU documents good cause shown for an extension.

B. If a direct care provider has a break in employment or transfers employment more than 180 days after the date of an eligibility letter from the BCU, the direct care provider must re-comply with 8.8.3.10 NMAC. A direct care provider may transfer employment for a period of 180 days after the date of an eligibility letter from the BCU without complying with 8.8.3.10 NMAC only if the direct care provider submits a preliminary application that meets the following conditions:

(1) the direct care provider submits a statement swearing under penalty of perjury that they have not been arrested or charged with any crimes, have not been an alleged perpetrator of abuse or neglect, and have not been a respondent in a domestic violence petition;

(2) the direct care provider submits an application that describes the prior and subsequent places of employment and their registration or certification with sufficient detail to allow the BCU to determine if further background checks or a new application is necessary; and

(3) the BCU determines within 15 days that the direct care provider's prior background check is sufficient for the employment or position the direct care provider is going to take.

N.M. Admin. Code § 8.8.3.11

8.8.3.11 NMAC - Rp, 8.8.3.11 NMAC, 03/31/06; A, 04/15/08; 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 XXX, Issue 18, September 24, 2019, eff. 10/1/2019, Adopted by New Mexico Register, Volume XXXV, Issue 22, November 19, 2024, eff. 11/20/2024