8.370.5 NMAC — Caregivers Criminal History Screening Requirements

What this rule requires your agency to do

• 1Upon receipt of a notice of final determination of disqualification, a care provider shall immediately and permanently remove the person from any covered position and notify the authority by letter within 14 calendar days of the action taken (8.370.5.9.C).(8.370.5 NMAC — Caregivers Criminal History Screening Requirements)
• 2All applicants offered employment and all employed/contracted caregivers and hospital caregivers must consent to a nationwide and statewide criminal history screening upon offer of employment or entering a contractual relationship; care providers shall submit all fees and application information (8.370.5.8.A).(8.370.5 NMAC — Caregivers Criminal History Screening Requirements)
• 3A care provider shall not hire or continue the employment/contractual services of any applicant/caregiver/hospital caregiver for whom it has received notice of a disqualifying conviction, except pending reconsideration at the provider's discretion (8.370.5.9.A–B).(8.370.5 NMAC — Caregivers Criminal History Screening Requirements)
• 4A caregiver applying within 12 months of a most-recent nationwide screening listing no disqualifying convictions need only apply for a statewide screening upon offer/contract (8.370.5.8.B).(8.370.5 NMAC — Caregivers Criminal History Screening Requirements)
• 5Care providers shall submit all fees and pertinent application information for every applicant/caregiver/hospital caregiver no later than 20 calendar days from the first day of employment or effective date of the contractual relationship (8.370.5.8.F).(8.370.5 NMAC — Caregivers Criminal History Screening Requirements)
• 6Application to obtain a nationwide criminal history record must include photo personal-identification meeting immigration/nationality act employment eligibility, a signed authorization for release of information, three complete readable sets of fingerprint cards in black ink, and the specified fee (8.370.5.8.D).(8.370.5 NMAC — Caregivers Criminal History Screening Requirements)
• 7Care providers shall maintain documentation for all employees and contractors evidencing compliance, including evidence of each person's clearance/pending reconsideration/disqualification and documented basis for any determination that a worker is exempt from screening (8.370.5.8.G).(8.370.5 NMAC — Caregivers Criminal History Screening Requirements)
• 8Applicants/caregivers/hospital caregivers with a disqualifying conviction may request informal administrative reconsideration within 14 calendar days of the authority's notice (8.370.5.10.A–B); disqualifying convictions are the felonies listed in 8.370.5.11 (homicide; drug trafficking; kidnapping/false imprisonment/aggravated assault or battery; sexual offenses; adult abuse/neglect/exploitation; child abuse/neglect; robbery/larceny/fraud/forgery/embezzlement etc.; and attempts/solicitation/conspiracy thereof).(8.370.5 NMAC — Caregivers Criminal History Screening Requirements)