NM
New Mexico House Bill HB131

New Mexico 2025 Regular Session

New Mexico House Bill HB131 Compare Versions

OldNewDifferences
1-HJC/HB 131
2-Page 1
1+underscored material = new
2+[bracketed material] = delete
33 1
44 2
55 3
66 4
77 5
88 6
99 7
1010 8
1111 9
1212 10
1313 11
1414 12
1515 13
1616 14
1717 15
1818 16
1919 17
2020 18
2121 19
2222 20
2323 21
2424 22
2525 23
2626 24
2727 25
28+HOUSE BILL 131
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Elizabeth "Liz" Thomson
2848 AN ACT
2949 RELATING TO PUBLIC SAFETY; SHIFTING RESPONSIBILITY FOR
3050 OVERSEEING CAREGIVER BACKGROUND CHECKS FROM THE DEPARTMENT OF
3151 HEALTH TO THE HEALTH CARE AUTHORITY; ADDING TO THE LIST OF
3252 DISQUALIFYING CONVICTIONS FOR CAREGIVERS; ALLOWING THE HEALTH
33-CARE AUTHORITY TO DISQUALIFY CERTAIN CAREGIVERS; PROVIDING
34-FOR TRANSFER OF FUNCTIONS, RECORDS AND EQUIPMENT.
53+CARE AUTHORITY TO PROMULGATE RULES TO ESTABLISH ADDITIONAL
54+DISQUALIFYING CONVICTIONS FOR CAREGIVERS; PROVIDING FOR
55+TRANSFER OF FUNCTIONS, RECORDS AND EQUIPMENT.
3556 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3657 SECTION 1. Section 29-17-5 NMSA 1978 (being Laws 1998,
3758 Chapter 68, Section 4, as amended) is amended to read:
3859 "29-17-5. CRIMINAL HISTORY SCREENING REQUIRED--
3960 REGULATORY IMPLEMENTATION--APPEALS.--
40-A. The health care authority is authorized to
41-receive an applicant's, caregiver's or hospital caregiver's
42-nationwide criminal history record obtained by the department
43-of public safety as a result of a nationwide criminal history
44-screening pursuant to an applicant's, caregiver's or hospital
45-caregiver's authorization for such nationwide criminal
46-history screening. Providers shall submit a set of
47-fingerprints of applicants, caregivers and hospital
48-caregivers to the health care authority for a nationwide
49-criminal history screening, and the department of public
50-safety shall accept from the health care authority such
51-fingerprints for the purpose of conducting a nationwide HJC/HB 131
52-Page 2
61+A. The [department of ] health care authority is
62+authorized to receive an applicant's, caregiver's or hospital
63+.229405.4SA underscored material = new
64+[bracketed material] = delete
5365 1
5466 2
5567 3
5668 4
5769 5
5870 6
5971 7
6072 8
6173 9
6274 10
6375 11
6476 12
6577 13
6678 14
6779 15
6880 16
6981 17
7082 18
7183 19
7284 20
7385 21
7486 22
7587 23
7688 24
7789 25
78-criminal history screening.
79-B. The health care authority is authorized to
80-promulgate rules to implement the Caregivers Criminal History
81-Screening Act, including rules establishing fingerprint
82-submission procedures; fees; confidentiality; time frames for
83-an applicant's or caregiver's nationwide criminal history
84-screening; procedures for clarifying incomplete or confusing
85-criminal history information; provider sanctions for
86-noncompliance; and employment procedures pending the results
87-of the nationwide criminal history screening relating to
88-applicants and caregivers.
90+caregiver's nationwide criminal history record obtained by the
91+department of public safety as a result of a nationwide
92+criminal history screening pursuant to an applicant's,
93+caregiver's or hospital caregiver's authorization for such
94+nationwide criminal history screening. Providers shall submit
95+a set of fingerprints of applicants, caregivers and hospital
96+caregivers to the [department of ] health care authority for a
97+nationwide criminal history screening, and the department of
98+public safety shall accept from the [department of ] health care
99+authority such fingerprints for the purpose of conducting a
100+nationwide criminal history screening.
101+B. The [department of ] health care authority is
102+authorized to promulgate rules to implement the Caregivers
103+Criminal History Screening Act, including rules establishing [a
104+three-year phased implementation based upon provider type ]
105+fingerprint submission procedures; fees; confidentiality; time
106+frames for an applicant's or caregiver's nationwide criminal
107+history screening; procedures for clarifying incomplete or
108+confusing criminal history information; provider sanctions for
109+noncompliance; disqualifying convictions ; and employment
110+procedures pending the results of the nationwide criminal
111+history screening relating to applicants and caregivers.
89112 C. No caregiver or hospital caregiver may be
90113 employed by a care provider unless the caregiver or hospital
91114 caregiver first has submitted to a request for a nationwide
92-criminal history screening prior to beginning employment in
93-accordance with procedures established by rule by the health
94-care authority and department of public safety. A caregiver
95-or hospital caregiver shall apply for statewide criminal
96-history screening when applying for employment with a care
97-provider within twelve months of the caregiver's or hospital
98-caregiver's most recent nationwide criminal history
99-screening.
100-D. The following felony convictions disqualify an
101-applicant, caregiver or hospital caregiver from employment as
102-a caregiver: HJC/HB 131
103-Page 3
115+.229405.4SA
116+- 2 - underscored material = new
117+[bracketed material] = delete
104118 1
105119 2
106120 3
107121 4
108122 5
109123 6
110124 7
111125 8
112126 9
113127 10
114128 11
115129 12
116130 13
117131 14
118132 15
119133 16
120134 17
121135 18
122136 19
123137 20
124138 21
125139 22
126140 23
127141 24
128142 25
143+criminal history screening prior to beginning employment in
144+accordance with procedures established by rule by the
145+[departments of] health care authority and department of public
146+safety. A caregiver or hospital caregiver shall apply for
147+statewide criminal history screening when applying for
148+employment with a care provider within twelve months of the
149+caregiver's or hospital caregiver's most recent nationwide
150+criminal history screening.
151+D. The following felony convictions disqualify an
152+applicant, caregiver or hospital caregiver from employment as a
153+caregiver:
129154 (1) homicide;
130155 (2) trafficking controlled substances;
131-(3) kidnapping, false imprisonment,
132-aggravated assault or aggravated battery, including
133-aggravated battery of a household member;
156+(3) kidnapping, false imprisonment, aggravated
157+assault or aggravated battery, including battery of a household
158+member;
134159 (4) rape, criminal sexual penetration,
135160 criminal sexual contact, incest, indecent exposure or other
136161 related sexual offenses;
137162 (5) crimes involving adult abuse, neglect or
138163 financial exploitation;
139164 (6) crimes involving child abuse or neglect;
140165 (7) robbery, larceny, burglary, fraud,
141166 extortion, forgery, embezzlement, credit card fraud or
142-receiving stolen property;
143-(8) an attempt, solicitation or conspiracy
144-involving any of the felonies in this subsection;
145-(9) human trafficking;
146-(10) assault of a peace officer;
147-(11) identity theft; or
148-(12) cruelty to animals.
149-E. The health care authority:
150-(1) may disqualify an applicant, caregiver
151-or hospital caregiver from employment as a caregiver if that
152-applicant, caregiver or hospital caregiver poses an
153-unreasonable risk to care recipients. In determining whether HJC/HB 131
154-Page 4
167+receiving stolen property; [or ]
168+.229405.4SA
169+- 3 - underscored material = new
170+[bracketed material] = delete
155171 1
156172 2
157173 3
158174 4
159175 5
160176 6
161177 7
162178 8
163179 9
164180 10
165181 11
166182 12
167183 13
168184 14
169185 15
170186 16
171187 17
172188 18
173189 19
174190 20
175191 21
176192 22
177193 23
178194 24
179195 25
180-a person poses an unreasonable risk as a caregiver, the
181-health care authority shall assess the totality of the
182-circumstances using reasonably reliable information, such as
183-court records. The health care authority may only find that
184-an applicant, caregiver or hospital caregiver poses an
185-unreasonable risk if the preponderance of the evidence
186-establishes an unreasonable risk due to the applicant,
187-caregiver or hospital caregiver having:
188-(a) two or more convictions related to
189-abuse, neglect or exploitation within the past ten years,
190-regardless of the degree of the crime; or
191-(b) a single conviction or pending
192-charges, regardless of the degree of the crime, if the crime
193-is related to: 1) abuse, neglect or exploitation of a care
194-recipient; 2) human trafficking; 3) criminal sexual
195-penetration or related sexual offenses; 4) battery of a
196-household member; or 5) child abuse; and
197-(2) shall provide an administrative
198-reconsideration process for applicants, caregivers and
199-hospital caregivers who are determined to be an unreasonable
200-risk. The burden of proof is on the health care authority to
201-demonstrate unreasonable risk by a preponderance of the
202-evidence. An applicant, caregiver or hospital caregiver
203-shall have the right to judicial review of any final decision
204-made by the health care authority pursuant to this HJC/HB 131
205-Page 5
196+(8) an attempt, solicitation or conspiracy
197+involving any of the felonies in this subsection;
198+(9) sex trafficking;
199+(10) assault of a peace officer;
200+(11) identity theft; or
201+(12) cruelty to animals.
202+E. The health care authority may promulgate rules
203+to add additional types of convictions to the list of
204+convictions that disqualify an applicant, caregiver or hospital
205+caregiver from employment as a caregiver.
206+[E.] F. Upon receipt by the [department of ] health
207+care authority of the results of the applicant's, caregiver's
208+or hospital caregiver's nationwide criminal history screening,
209+the [department of health ] authority shall give notice to the
210+submitting care provider whether the applicant or caregiver has
211+a disqualifying conviction of a crime specified in Subsection D
212+of this section or as determined by the authority pursuant to
213+Subsection E of this section . No other results of the
214+applicant's, caregiver's or hospital caregiver's nationwide
215+criminal history screening shall be provided to the care
216+provider. Except as provided in Subsection [F ] G of this
217+section, a care provider shall not employ an applicant or
218+continue to employ a caregiver or hospital caregiver whose
219+nationwide criminal history screening record reflects a
220+disqualifying conviction. When the [department of ] health care
221+.229405.4SA
222+- 4 - underscored material = new
223+[bracketed material] = delete
206224 1
207225 2
208226 3
209227 4
210228 5
211229 6
212230 7
213231 8
214232 9
215233 10
216234 11
217235 12
218236 13
219237 14
220238 15
221239 16
222240 17
223241 18
224242 19
225243 20
226244 21
227245 22
228246 23
229247 24
230248 25
231-subsection.
232-F. Upon receipt by the health care authority of
233-the results of the applicant's, caregiver's or hospital
234-caregiver's nationwide criminal history screening, the
235-authority shall give notice to the submitting care provider
236-whether the applicant or caregiver is disqualified pursuant
237-to Subsection D or E of this section. No other results of
238-the applicant's, caregiver's or hospital caregiver's
239-nationwide criminal history screening shall be provided to
240-the care provider. Except as provided in Subsection G of
241-this section, a care provider shall not employ an applicant
242-or continue to employ a caregiver or hospital caregiver whose
243-nationwide criminal history screening record reflects a
244-disqualifying conviction or an unreasonable risk. When the
245-health care authority provides notice to the care provider of
246-a disqualification pursuant to Subsection D or E of this
247-section, it shall also notify the applicant, caregiver or
248-hospital caregiver, stating with specificity the reasons on
249-which its decision is based and identifying the agency that
250-provided the records.
251-G. An applicant, caregiver or hospital caregiver
252-whose nationwide criminal history record, obtained through
253-the applicant's, caregiver's or hospital caregiver's
249+authority provides notice to the care provider of a
250+disqualifying conviction of a crime specified in Subsection D
251+of this section or as determined by the authority pursuant to
252+Subsection E of this section , it shall also notify the
253+applicant, caregiver or hospital caregiver, stating with
254+specificity the convictions on which its decision is based and
255+identifying the agency that provided the records.
256+[F.] G. An applicant, caregiver or hospital
257+caregiver whose nationwide criminal history record, obtained
258+through the applicant's, caregiver's or hospital caregiver's
254259 nationwide criminal history screening and other clarifying
255-endeavors of the health care authority, results in a HJC/HB 131
256-Page 6
260+endeavors of the [department of ] health care authority ,
261+reflects a disqualifying conviction of a crime specified in
262+Subsection D of this section or as determined by the authority
263+pursuant to Subsection E of this section , may request from the
264+[department of health ] authority an administrative
265+reconsideration. The care provider may, in its discretion,
266+continue to employ such person during the pendency of the
267+reconsideration. A care provider may employ the applicant or
268+caregiver if the reconsideration proceeding results in a
269+determination by the [department of health ] authority that the
270+applicant's, caregiver's or hospital caregiver's nationwide
271+criminal history record inaccurately reflects a disqualifying
272+conviction of a crime specified in Subsection D of this section
273+or as determined by the authority pursuant to Subsection E of
274+.229405.4SA
275+- 5 - underscored material = new
276+[bracketed material] = delete
257277 1
258278 2
259279 3
260280 4
261281 5
262282 6
263283 7
264284 8
265285 9
266286 10
267287 11
268288 12
269289 13
270290 14
271291 15
272292 16
273293 17
274294 18
275295 19
276296 20
277297 21
278298 22
279299 23
280300 24
281301 25
282-disqualification pursuant to Subsection D or E of this
283-section, may request from the authority an administrative
284-reconsideration. The care provider may, in its discretion,
285-continue to employ such person during the pendency of the
286-reconsideration. A care provider may employ the applicant or
287-caregiver if the reconsideration proceeding results in a
288-reversal of the health care authority's decision.
289-H. The health care authority is authorized to
290-adopt rules for the administrative reconsideration proceeding
291-available to an applicant or caregiver whose nationwide
292-criminal history record reflects a disqualifying conviction
293-or an unreasonable risk. The rules shall take into account
302+this section or that the employment presents no risk of harm to
303+a care recipient or that the conviction does not directly bear
304+upon the applicant's, caregiver's or hospital caregiver's
305+fitness for the employment.
306+[G.] H. The [department of] health care authority
307+is authorized to adopt rules for the administrative
308+reconsideration proceeding available to an applicant or
309+caregiver whose nationwide criminal history record reflects a
310+disqualifying conviction. The rules shall take into account
294311 the requirements of the Criminal Offender Employment Act.
295-I. A care provider shall maintain records
312+[H.] I. A care provider shall maintain records
296313 evidencing compliance with the requirements of this section
297314 with respect to all applicants and caregivers employed on or
298315 after May 20, 1998.
299-J. All criminal history records obtained pursuant
300-to this section by the health care authority are
301-confidential. No criminal history records obtained pursuant
302-to this section shall be used for any purpose other than
303-determining whether an applicant, caregiver or hospital
304-caregiver is disqualified pursuant to Subsection D or E of
305-this section. Except on court order or with the written
306-consent of the applicant, caregiver or hospital caregiver, HJC/HB 131
307-Page 7
316+[I.] J. All criminal history records obtained
317+pursuant to this section by the [department of ] health care
318+authority are confidential. No criminal history records
319+obtained pursuant to this section shall be used for any purpose
320+other than determining whether an applicant, caregiver or
321+hospital caregiver has a criminal conviction that would
322+disqualify the applicant, caregiver or hospital caregiver from
323+employment as a caregiver or hospital caregiver. Except on
324+court order or with the written consent of the applicant,
325+caregiver or hospital caregiver, criminal records obtained
326+pursuant to this section and the information contained therein
327+.229405.4SA
328+- 6 - underscored material = new
329+[bracketed material] = delete
308330 1
309331 2
310332 3
311333 4
312334 5
313335 6
314336 7
315337 8
316338 9
317339 10
318340 11
319341 12
320342 13
321343 14
322344 15
323345 16
324346 17
325347 18
326348 19
327349 20
328350 21
329351 22
330352 23
331353 24
332354 25
333-criminal records obtained pursuant to this section and the
334-information contained therein shall not be released or
335-otherwise disclosed to any other person or agency. A person
336-who discloses confidential records or information in
337-violation of this section is guilty of a misdemeanor and
338-shall be sentenced pursuant to the provisions of Subsection A
339-of Section 31-19-1 NMSA 1978.
340-K. The health care authority shall maintain a
341-registry of all applicants who are disqualified from
342-employment or contractual service as caregivers or hospital
343-caregivers. An applicant's arrest record information shall
344-not be released except upon request of the applicant as
345-provided in the Arrest Record Information Act.
346-L. A care provider, including its administrators
347-and employees, is not civilly liable to an applicant or a
348-caregiver for a good faith decision to employ, not employ or
349-terminate employment pursuant to the Caregivers Criminal
350-History Screening Act.
351-M. Failure to comply with the requirements of this
352-section are grounds for the state agency having enforcement
353-authority with respect to the care provider to impose
354-appropriate administrative sanctions and penalties.
355-N. For the purposes of this section, "unreasonable
356-risk" means a level of risk that a reasonable person would be
357-unwilling to take regarding the safety or welfare of a care HJC/HB 131
358-Page 8
359-1
360-2
361-3
362-4
363-5
364-6
365-7
366-8
367-9
368-10
369-11
370-12
371-13
372-14
373-15
374-16
375-17
376-18
377-19
378-20
379-21
380-22
381-23
382-24
383-25
384-recipient."
385-SECTION 2. TEMPORARY PROVISION--TRANSFER OF
386-FUNCTIONS.--On the effective date of this act, all functions,
387-records and equipment related to the oversight of caregiver
388-criminal history records shall be transferred from the
389-department of health to the health care authority.
390-SECTION 3. EFFECTIVE DATE.--The effective date of the
391-provisions of this act is July 1, 2025.
355+shall not be released or otherwise disclosed to any other
356+person or agency. A person who discloses confidential records
357+or information in violation of this section is guilty of a
358+misdemeanor and shall be sentenced pursuant to the provisions
359+of Subsection A of Section 31-19-1 NMSA 1978.
360+[J.] K. The [department of] health care authority
361+shall maintain a registry of all applicants who are
362+disqualified from employment or contractual service as
363+caregivers or hospital caregivers. An applicant's arrest
364+record information shall not be released except upon request of
365+the applicant as provided in the Arrest Record Information Act.
366+[K.] L. A care provider, including its
367+administrators and employees, is not civilly liable to an
368+applicant or a caregiver for a good faith decision to employ,
369+not employ or terminate employment pursuant to the Caregivers
370+Criminal History Screening Act.
371+[L.] M. Failure to comply with the requirements of
372+this section are grounds for the state agency having
373+enforcement authority with respect to the care provider to
374+impose appropriate administrative sanctions and penalties."
375+SECTION 2. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS.--
376+On the effective date of this act, all functions, records and
377+equipment related to the oversight of caregiver criminal
378+history records shall be transferred from the department of
379+health to the health care authority.
380+.229405.4SA
381+- 7 -