New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.8 - REGISTRY ESTABLISHED; PROVIDER INQUIRY REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
The department of health has established and maintains an
				  accurate and complete electronic registry that contains the name, date of
				  birth, address, social security number, and other appropriate identifying
				  information of all persons who, while employed by a provider, have been
				  determined to have engaged in a substantiated registry-referred incident of
				  abuse, neglect or exploitation of a person receiving care or services from a
				  provider.
A.
Provider
				requirement to inquire of registry.
A provider, prior to employing or
				contracting with an employee, shall inquire of the registry whether the
				individual under consideration for employment or contracting is listed on the
				registry.
B.
Prohibited
				employment.
A provider may not employ or contract with an individual to
				be an employee if the individual is listed on the registry as having a
				substantiated registry-referred incident of abuse, neglect or exploitation of a
				person receiving care or services from a provider.
C.
Applicant's identifying information
				required.
In making the inquiry to the registry prior to employing or
				contracting with an employee, the provider shall use identifying information
				concerning the individual under consideration for employment or contracting
				sufficient to reasonably and completely search the registry, including the
				name, address, date of birth, social security number, and other appropriate
				identifying information required by the registry.
D.
Documentation of inquiry to
				registry.
The provider shall maintain documentation in the employee's
				personnel or employment records that evidences the fact that the provider made
				an inquiry to the registry concerning that employee prior to employment. Such
				documentation must include evidence, based on the response to such inquiry
				received from the custodian by the provider, that the employee was not listed
				on the registry as having a substantiated registry-referred incident of abuse,
				neglect or exploitation.
E.
Documentation for other staff.
With respect to all employed or
				contracted individuals providing direct care who are licensed health care
				professionals or certified nurse aides, the provider shall maintain
				documentation reflecting the individual's current licensure as a health care
				professional or current certification as a nurse aide.
F.
Consequences of
				noncompliance.
The department of health or other governmental agency
				having regulatory enforcement authority over a provider may sanction a provider
				in accordance with applicable law if the provider fails to make an appropriate
				and timely inquiry of the registry, or fails to maintain evidence of such
				inquiry, in connection with the hiring or contracting of an employee; or for
				employing or contracting any person to work as an employee who is listed on the
				registry. Such sanctions may include a directed plan of correction, civil
				monetary penalty not to exceed five thousand dollars ($5000) per instance, or
				termination or non-renewal of any contract with the department or other
				governmental agency.