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NMSA 1978, Chapter 29, Article 17 — Caregivers Criminal History Screening Act (§§ 29-17-2 to 29-17-5)

New MexicostatuteNew Mexico Legislature (statute; administered by Health Care Authority / formerly Department of Health)· effective 2023-06-16

What this rule requires your agency to do

  • 1A care provider shall maintain records evidencing compliance with the requirements of this section with respect to all applicants and caregivers employed on or after May 20, 1998 (§ 29-17-5.H).(NMSA 1978, Chapter 29, Article 17 — Caregivers Criminal History Screening Act (§§ 29-17-2 to 29-17-5))
  • 2Providers shall submit a set of fingerprints of applicants, caregivers and hospital caregivers to the department of health for a nationwide criminal history screening (§ 29-17-5.A).(NMSA 1978, Chapter 29, Article 17 — Caregivers Criminal History Screening Act (§§ 29-17-2 to 29-17-5))
  • 3No caregiver or hospital caregiver may be employed by a care provider unless the caregiver or hospital caregiver first has submitted to a request for a nationwide criminal history screening prior to beginning employment; a caregiver shall apply for statewide criminal history screening when applying within twelve months of the most recent nationwide screening (§ 29-17-5.C).(NMSA 1978, Chapter 29, Article 17 — Caregivers Criminal History Screening Act (§§ 29-17-2 to 29-17-5))
  • 4Failure to comply is grounds for the state agency having enforcement authority to impose appropriate administrative sanctions and penalties (§ 29-17-5.L).(NMSA 1978, Chapter 29, Article 17 — Caregivers Criminal History Screening Act (§§ 29-17-2 to 29-17-5))
  • 5Except as provided in the reconsideration subsection, a care provider shall not employ an applicant or continue to employ a caregiver or hospital caregiver whose nationwide criminal history screening record reflects a disqualifying conviction of a crime specified in Subsection D (§ 29-17-5.E; disqualifying crimes listed in § 29-17-5.D).(NMSA 1978, Chapter 29, Article 17 — Caregivers Criminal History Screening Act (§§ 29-17-2 to 29-17-5))
  • 6All criminal history records obtained under this section are confidential and shall not be used or disclosed except as permitted; disclosure in violation is a misdemeanor (§ 29-17-5.I).(NMSA 1978, Chapter 29, Article 17 — Caregivers Criminal History Screening Act (§§ 29-17-2 to 29-17-5))

Applies to: personal care

Requires care providers to submit fingerprints for and obtain nationwide (and, where applicable, statewide) criminal history screening of all caregivers and hospital caregivers before/during employment, bars employment of those with disqualifying felony convictions, and imposes recordkeeping and administrative sanctions for noncompliance.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.