New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.15 - CRIMINAL RECORDS CHECKS AND CLEARANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every program that provides
				child/adolescent mental health and/or substance abuse services pursuant to
				these certification requirements, operating in the state of New Mexico, must
				initiate and provide to the department two completed
s
tate-and
				FBI-approved fingerprint cards for each employee who will serve as direct
				services staff. The agency must have received the criminal records clearance
				from the prevention and intervention division of the department prior to the
				employee's direct, unsupervised contact with clients of the program.
				Non-compliance with this requirement may result in sanction up to loss of
				certification as referenced in NMSA 1978 32A-15-3.
B. All agencies must comply with 8.8.3 NMAC
				Regulations governing criminal records checks.
C. Student trainees in psychiatry,
				psychology, social work and/or nursing, or other related health, social or
				human-services disciplines who are enrolled in a clinical training program of a
				New Mexico state accredited institution of higher learning, and who are under
				the supervision of a cleared licensed independent practitioner, may be allowed
				to work with children without direct physical supervision during their enrolled
				student tenure if the trainee signs a sworn affidavit attesting that he or she
				has never been convicted of a crime that would disqualify him or her from
				providing direct services to children.
D. The certification requirements governing
				criminal records clearances remain in effect while a program is accredited by
				COA, CARF or JCAHO.
E. If a
				prospective employee has not lived in the United States continuously for the
				five years previous to hire, the equivalent of a criminal records clearance is
				required from any country in which he/she has lived within the last five years,
				for a period longer than one year.
F. If the agency receives reliable evidence
				that indicates that an employee or prospective employee poses a potential risk
				of child abuse, sexual abuse, exploitation, moral turpitude, cruelty, or
				indifference to children, the agency is in violation of these certification
				requirements and subject to sanction up to loss of certification if that
				individual is hired or retained.
G.
				Upon request by the LCA, the agency will provide a list of employees who are
				not required to have a criminal records clearance, and the reason why
				not.
H. Non-compliance with any
				certification requirement relating to criminal records checks and clearances
				may result in sanction or loss of certification. In addition to the foregoing,
				the following certification requirements relate to criminal records checks and
				clearances:
(1) 16.G.1(f) concerning
				prospective employee history verification and reference checks;
(2) 16.G.1(h) concerning letters of
				attestation for employees pending clearances;
(3) 16.G.2 concerning disclosure of
				arrests/convictions;
(4) 16.H.1-5
				concerning staff schedules.