New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 21 - UNPROFESSIONAL CONDUCT › Section 16.16.21.12 - DISQUALIFYING CRIMINAL CONVICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Convictions for any of the following felony offenses, or their equivalents in
				any other jurisdiction, are disqualifying criminal convictions that may
				disqualify an applicant from receiving or retaining a license issued by the
				board:
(1) murder;
(2) manslaughter;
(3) aggravated assault;
(4) assault with intent to commit a violent
				felony;
(5) aggravated battery
				inflicting great bodily harm or with deadly weapon;
(6) second or subsequent conviction of
				stalking;
(7) aggravated
				stalking;
(8) false
				imprisonment;
(9) amendment of
				child resulting in death or great bodily harm;
(10) abuse of a child;
(11) negligent abuse of a child resulting in
				death;
(12) intentional abuse of a
				child 12 to 18 years old resulting in death;
(13) intentional abuse of a child less than
				12 years old resulting in death;
(14) contributing to the delinquency of a
				minor;
(15) sexual exploitation of
				children;
(16) sexual exploitation
				of children by prostitution;
(17)
				accepting the earnings of a prostitute;
(18) promoting prostitution;
(19) criminal sexual penetration;
(20) criminal sexual contact;
(21) criminal sexual contact of a
				minor;
(22) aggravated indecent
				exposure;
(23) bigamy;
(24) incest;
(25) breaking and entering;
(26) larceny;
(27) robbery;
(28) burglary;
(29) aggravated burglary;
(30) fraud;
(31) embezzlement;
(32) extortion;
(33) forgery;
(34) receiving stolen property;
(35) falsely obtaining services or
				accommodations;
(36) improper sale,
				disposal, removal or concealing of encumbered property;
(37) theft of identity;
(38) theft of a credit card by taking or
				retaining possession of card taken;
(39) fraudulent transfer or receipt of a
				credit card;
(40) dealing in credit
				cards of another;
(41) forgery of a
				credit card;
(42) fraudulent
				signing of credit cards or sales slips or agreements;
(43) certain fraudulent acts by merchants or
				their employees;
(44) possession of
				four or more incomplete credit cards or machinery, plates or other
				contrivance;
(45) unlawful taking
				of a vehicle or motor vehicle;
(46)
				embezzlement of a vehicle or motor vehicle;
(47) fraudulently obtaining a vehicle or
				motor vehicle;
(48) receiving or
				transferring a stolen vehicle or motor vehicle;
(49) arson or negligent arson;
(50) aggravated arson;
(51) cruelty to animals or extreme cruelty to
				animals;
(52) second conviction for
				use of telephone to terrify, intimidate, threaten, harass, annoy or
				offend;
(53) aggravated fleeing a
				law enforcement officer;
(54)
				tampering with evidence;
(55)
				aggravated assault upon a peace officer;
(56) assault with intent to commit a violent
				felony upon a peace officer;
(57)
				battery upon a peace officer;
(58)
				aggravated battery upon a peace officer;
(59) assisting in assault upon peace
				officer;
(60) disarming a peace
				officer;
(61) paying or receiving
				public money for services not rendered;
(62) making or permitting false public
				voucher;
(63) unlawful interest in
				a public contract;
(64) bribery of
				public officer or public employee;
(65) demanding or receiving bribe by public
				officer or public employee;
(66)
				bribery or intimidation of a witness;
(67) retaliation against a witness;
(68) acceptance of a bribe by a
				witness;
(69) perjury;
(70) tampering with public records;
(71) attempt to commit a felony;
(72) conspiracy;
(73) criminal solicitation;
(74) intentionally trafficking controlled
				substances;
(75) intentionally
				distributing a controlled substance to a person under the age of eighteen
				years;
(76) intentionally
				distributing or possessing with intent to distribute a controlled
				substance;
(77) possession of a
				controlled substance;
(78)
				violations of the administrative provisions of the Controlled Substances
				Act;
(79) engaging in other acts
				prohibited by the Controlled Substances Act;
(80) delivering drug paraphernalia to a
				person under eighteen years of age and who is at least three years the person's
				junior;
(81) manufacturing,
				distributing or possessing with intent to distribute an imitation controlled
				substance;
(82) intentionally
				selling an imitation controlled substance to a person under the age of eighteen
				years;
(83) intentionally
				possessing an imitation controlled substance with the intent to
				distribute;
(84) certain violations
				of the Drug Precursor Act;
(85)
				child solicitation by electronic communication device;
(86) criminal sexual communication with a
				child;
(87) second or subsequent
				unauthorized distribution of sensitive images;
(88) failing to disclose facts or change of
				circumstances to obtain public assistance;
(89) unlawful use of food stamp
				identification card or medical identification card;
(90) misappropriating public
				assistance;
(91) making or
				permitting a false claim for reimbursement of public assistance
				services;
(92) failure to reimburse
				the human services department upon receipt of third party payment;
(93) making, conspiring, or attempting to
				make an extortionate extension of credit;
(94) knowingly advancing money or property to
				any person with reasonable grounds to believe that it is the intention of that
				person to use the money or property so advanced for the purpose of making
				extortionate extensions of credit;
(95) knowingly participating, conspiring, or
				attempting to participate in the use of any extortionate means to collect any
				extensions of credit or to cause harm to the person, reputation or property of
				any person for the nonpayment thereof;
(96) falsification of documents in connection
				with the Medicaid Fraud Act;
(97)
				failure to retain records in connection with the Medicaid Fraud Act;
(98) obstruction of investigation in
				connection with the Medicaid Fraud Act;
(99) medicaid fraud;
(100) computer access with intent to defraud
				or embezzle;
(101) computer
				abuse;
(102) unauthorized computer
				use;
(103) human
				trafficking;
(104) willfully or
				knowingly failing to comply with the registration or verification requirements
				of the Sex Offender Registration and Notification Act;
(105) willfully or knowingly providing false
				information when complying with the registration or verification requirements
				of the Sex Offender Registration and Notification Act;
(106) homicide by vehicle;
(107) fourth or subsequent driving under the
				influence of intoxicating liquor or drugs;
(108) practicing medicine without a
				license;
(109) making a false
				statement under oath, or submitting a false affidavit, in connection with the
				Medical Practice Act;
(110) making
				an unauthorized withdrawal from the account of another person with a financial
				institution, or stealing the card of another, or making an unauthorized use of
				the card of another;
(111)
				violations of the New Mexico Drug, Device and Cosmetic Act;
(112) selling or dispensing a contact lens to
				a resident of this state unless the person has at the time of sale or
				dispensing a copy of a valid, unexpired prescription or has obtained
				verification of a valid, unexpired prescription;
(113) certain violations of the Optometry
				Act;
(114) misuse of public
				funds;
(115) tax fraud;
(116) failure to comply with proclamation of
				the governor;
(117) violations of
				certain provisions of the Drug & Cosmetic Act;
(118) making false statement in claim for
				payment under Indigent Hospital and County Health Care Act;
(119) unauthorized obtain or use of DNA
				samples or DNA records;
(120) sex
				offender who fails to comply with SORNA re moving to another state;
(121) making a false entry in a book, report
				or statement of an insurer with intent to injure, defraud, or deceive
				(insurance);
(122) unlawfully
				removing or attempting to remove records, assets, or material from a domestic
				insurer (insurance);
(123) making a
				false statement in connection with insurance with the effect of causing a loss
				to the insurer.