N.M. Admin. Code § 8.8.3.12
Current through Register Vol. 35, No. 23, December 10, 2024
Section 8.8.3.12 - PROHIBITIONSA. Any CYFD licensee who violates these rules is subject to revocation, suspension, sanctions, denial of licensure, certification, or registration; or termination of participation in any other program within the scope of these rules.B. Licensure, certification, registration, or participation in any other program within the scope of these rules is subject to receipt by the licensing authority of a satisfactory background check for the licensee or the licensee's administrator.C. Except as provided in 8.8.3.13 NMAC, licensure, certification, registration, or participation in any other program within the scope of these rules may not be granted by the licensing authority if a background check of the licensee or the licensee's administrator reveals an unreasonable risk.D. A licensee may not retain employment, volunteer service or contract with any direct care provider for whom a background check reveals an unreasonable risk. The BCU shall deliver one copy of the notice of unreasonable risk to the facility or program by U.S. mail and to the licensing authority by facsimile transmission, e-mail, or hand delivery.E. A licensee shall be in violation of these rules if it retains a direct care provider for more than ten working days following the mailing of a notice of background check denial for failure to respond by the BCU.F. A licensee shall be in violation of these rules if it retains any direct care provider inconsistent with Subsection A of 8.8.3.11 NMAC.G. A licensee shall be in violation of these rules if it hires, contracts with, uses in volunteer service, or retains any direct care provider for whom information received from any source including the direct care provider, indicates the provider poses an unreasonable risk to care recipients.H. Any firm, person, corporation, individual, or other entity that violates this section shall be subject to appropriate sanctions up to and including immediate emergency revocation of license or registration pursuant to the rules applicable to that entity or termination of participation in any other program within the scope of these rules.N.M. Admin. Code § 8.8.3.12
8.8.3.12 NMAC - Rp, 8.8.3.12 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, Adopted by New Mexico Register, Volume XXXV, Issue 22, November 19, 2024, eff. 11/20/2024