New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 4 - PHARMACIST › Section 16.19.4.8 - DEFINING GROSS IMMORALITY

Current through Register Vol. 35, No. 13, July 16, 2024
Gross immorality shall constitute a felony conviction of a
				  crime involving a disqualifying criminal conviction. "Conviction" means either
				  a plea of guilty or nolo contendere, or any other full adjudication on the
				  merits by a court of competent jurisdiction, including but not limited to a
				  trial. A copy of the record of conviction certified by the clerk of the court
				  entering the conviction is conclusive evidence.
A. Convictions for any of the following
				offenses, or their equivalents in any other jurisdiction, are disqualifying
				criminal convictions that may result in license suspension, or disqualify a
				licensee or applicant from receiving or retaining a license issued by the
				board:
(1) Section
				30-2-1 NMSA 1978
				"Murder";
(2) Sections
				30-9-1 and
				30-9-11 to
				30-9-13 NMSA 1978, Criminal sexual
				offenses, including of a minor and enticement of a child;
(3) Sections
				30-37-2 to
				30-37-3.3 NMSA 1978, Sexually
				oriented material harmful to minors, including child solicitation by electronic
				communication device and criminal sexual communication with a child;
(4) Sections
				30-6A-3 to
				30-6A-4 NMSA 1978, Sexual
				exploitation of children, including prostitution;
(5) Section
				30-16-2 NMSA 1978
				"Robbery";
(6) Section
				30-16-6 NMSA 1978
				"Fraud";
(7) Section
				30-16-8 NMSA 1978
				"Embezzlement";
(8) Section
				30-16-9 NMSA 1978
				"Extortion";
(9) Section
				30-16-10 NMSA 1978
				"Forgery";
(10) Section
				30-16-11 NMSA 1978 "Receiving
				stolen property";
(11) Section
				30-16-24.1 NMSA 1978 "Theft of
				identity; obtaining identity by electronic fraud";
(12) Section
				30-16-30 NMSA 1978 "Dealing in
				credit cards of another";
(13)
				Section 30-16-31 NMSA 1978 "Forgery of a
				credit card";
(14) Section
				30-16-33 NMSA 1978 "Fraudulent use
				of a credit card";
(15) Section
				30-28-3 NMSA 1978 "Criminal
				solicitation";
(16) Section
				30-42-4 NMSA 1978 "Engaging in a
				pattern of racketeering activity";
(17) Sections
				30-44-4 to
				30-44-7 NMSA 1978, Offenses
				related to Medicaid Fraud;
(18)
				Sections 30-47-4 to
				30-47-6 NMSA 1978, Abuse or
				neglect of a care facility resident, exploitation of a care facility resident's
				property;
(19) Section
				30-51-4 NMSA 1978 "Money
				laundering";
(20) Section
				30-52-1 NMSA 1978 "Human
				trafficking";
(21) Section
				24-26-12 NMSA 1978 "Intentionally
				hampering, obstructing, tampering with or destroying a monitoring device or a
				recording made by a monitoring device installed in a facility pursuant to the
				Patient Care Monitoring Act" (Sections
				24-26-1 to
				24-26-12 NMSA 1978);
(22) Section
				27-5-12 NMSA 1978 Making false
				statement in claim for payment under Indigent Hospital and County Health Care
				Act (Chapter 27, Article 5 NMSA 1978);
(23) Section
				66-8-102 NMSA 1978 "Fourth or
				subsequent conviction for driving under the influence of intoxicating liquor or
				drugs";