New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 5 - CAREGIVERS CRIMINAL HISTORY SCREENING REQUIREMENTS › Section 8.370.5.8 - CAREGIVER AND HOSPITAL CAREGIVER EMPLOYMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
The responsibility
				for compliance with the requirements of the act applies to both the care
				provider and to all applicants, caregivers and hospital caregivers. All
				applicants for employment to whom an offer of employment is made or caregivers
				and hospital caregivers employed by or contracted to a care provider must
				consent to a nationwide and statewide criminal history screening, as described
				in Subsections D, E and F of this section, upon offer of employment or at the
				time of entering into a contractual relationship with the care provider. Care
				providers shall submit all fees and pertinent application information for all
				applicants, caregivers or hospital caregivers as described in Subsections D, E
				and F of this section. Pursuant to Section 29-17-5 NMSA 1978 (amended) of the
				act, a care provider's failure to comply is grounds for the state agency having
				enforcement authority with respect to the care provider to impose appropriate
				administrative sanctions and penalties.
B.
Exception:
A caregiver or
				hospital caregiver applying for employment or contracting services with a care
				provider within 12 months of the caregiver's or hospital caregiver's most
				recent nationwide criminal history screening which list no disqualifying
				convictions shall only apply for a statewide criminal history screening upon
				offer of employment or at the time of entering into a contractual relationship
				with the care provider. At the discretion of the care provider a nationwide
				criminal history screening, additional to the required statewide criminal
				history screening, may be requested.
C.
Conditional employment:
Applicants, caregivers, and hospital caregivers who have submitted all
				completed documents and paid all applicable fees for a nationwide and statewide
				criminal history screening may be deemed to have conditional supervised
				employment pending receipt of written notice given by the authority as to
				whether the applicant, caregiver or hospital caregiver has a disqualifying
				conviction.
D.
Application:
In order for a nationwide criminal history record to
				be obtained and processed, the following shall be submitted to the authority on
				forms provided by the authority.
(1) A form
				containing personal identification which has a photograph of the person and
				which meets the requirements for employment eligibility in accordance with the
				immigration and nationality act as amended. A reasonable xerographic copy of a
				drivers license photograph will suffice under Subsection D of 8.370.5.8
				NMAC.
(2) A signed authorization
				for release of information form.
(3) Three complete sets of readable
				fingerprint cards or other authority approved media acceptable to the
				department of public safety and the federal bureau of investigation submitted
				using black ink.
(4) The fee
				specified by the authority for the nationwide and statewide criminal history
				screening investigation shall not exceed $74. Of which, $24 shall be applied
				for the federal bureau of investigation nationwide criminal history screening,
				seven dollars shall be applied for the statewide criminal history screening.
				The remaining application fee shall be applied to cover costs incurred by the
				authority to support activities required by the act and these rules. The fees
				will not be applied to any other activity or expense undertaken by the
				authority.
(5) If the applicant,
				caregiver or hospital caregiver must submit another readable set of fingerprint
				cards upon notice that the fingerprint cards previously submitted were found
				unreadable, as determined by the federal bureau of investigation or department
				of public safety, the submission of a second set of fingerprint cards is
				required, a separate fee will not be charged. A fee shall be charged for
				submission of a third and subsequent fingerprint sets.
(6) If the applicant, caregiver or hospital
				caregiver has a physical or medical condition which prevents the applicant,
				caregiver or hospital caregiver from producing readable fingerprints using
				commonly available fingerprinting techniques, the applicant, caregiver or
				hospital caregiver shall submit the fingerprint cards with a notarized
				affidavit signed by the applicant, caregiver, hospital caregiver, returned to
				the authority within 14 calendar days, as determined by the postmark, which
				provides:
(a) identification of the applicant,
				caregiver or hospital caregiver; and
(b) an explanation of, or a statement
				describing, the applicant's, caregiver's or hospital caregiver's good faith
				efforts to supply readable fingerprints; and
(c) the physical or medical reason that
				prevents the applicant, caregiver or hospital caregiver from producing readable
				fingerprints using commonly available fingerprinting techniques;
(d) an applicant, caregiver or hospital
				caregiver meeting the conditions of this paragraph and who has resided in the
				state of New Mexico for less than 10 years must also submit a 10 year work
				history in addition to the required affidavits.
(7) All documentation submitted to the
				authority for the purposes of criminal history screening and for the purposes
				set forth in 8.370.5.9 NMAC and 8.370.5.10 NMAC shall become the sole property
				of the authority with the exception of fingerprint cards which shall be
				destroyed upon clearance by both the federal bureau of investigation and
				department of public safety. All other submitted documentation shall be
				retained by the authority for a period of one year from the final date of
				closure and thereafter shall be archived.