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SENATE BILL 222
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Antoinette Sedillo Lopez
AN ACT
RELATING TO PUBLIC SAFETY; SHIFTING RESPONSIBILITY FOR
OVERSEEING CAREGIVER BACKGROUND CHECKS FROM THE DEPARTMENT OF
HEALTH TO THE HEALTH CARE AUTHORITY; ADDING TO THE LIST OF
DISQUALIFYING CONVICTIONS FOR CAREGIVERS; ALLOWING THE HEALTH
CARE AUTHORITY TO PROMULGATE RULES TO ESTABLISH ADDITIONAL
DISQUALIFYING CONVICTIONS FOR CAREGIVERS; PROVIDING FOR
TRANSFER OF FUNCTIONS, RECORDS AND EQUIPMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 29-17-5 NMSA 1978 (being Laws 1998,
Chapter 68, Section 4, as amended) is amended to read:
"29-17-5. CRIMINAL HISTORY SCREENING REQUIRED--
REGULATORY IMPLEMENTATION--APPEALS.--
A. The [department of ] health care authority is
authorized to receive an applicant's, caregiver's or hospital
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caregiver's nationwide criminal history record obtained by the
department of public safety as a result of a nationwide
criminal history screening pursuant to an applicant's,
caregiver's or hospital caregiver's authorization for such
nationwide criminal history screening. Providers shall submit
a set of fingerprints of applicants, caregivers and hospital
caregivers to the [department of ] health care authority for a
nationwide criminal history screening, and the department of
public safety shall accept from the [department of ] health care
authority such fingerprints for the purpose of conducting a
nationwide criminal history screening.
B. The [department of ] health care authority is
authorized to promulgate rules to implement the Caregivers
Criminal History Screening Act, including rules establishing [a
three-year phased implementation based upon provider type ]
fingerprint submission procedures; fees; confidentiality; time
frames for an applicant's or caregiver's nationwide criminal
history screening; procedures for clarifying incomplete or
confusing criminal history information; provider sanctions for
noncompliance; disqualifying convictions ; and employment
procedures pending the results of the nationwide criminal
history screening relating to applicants and caregivers.
C. No caregiver or hospital caregiver may be
employed by a care provider unless the caregiver or hospital
caregiver first has submitted to a request for a nationwide
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criminal history screening prior to beginning employment in
accordance with procedures established by rule by the
[departments of] health care authority and department of public
safety. A caregiver or hospital caregiver shall apply for
statewide criminal history screening when applying for
employment with a care provider within twelve months of the
caregiver's or hospital caregiver's most recent nationwide
criminal history screening.
D. The following felony convictions disqualify an
applicant, caregiver or hospital caregiver from employment as a
caregiver:
(1) homicide;
(2) trafficking controlled substances;
(3) kidnapping, false imprisonment, aggravated
assault or aggravated battery, including battery of a household
member;
(4) rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure or other
related sexual offenses;
(5) crimes involving adult abuse, neglect or
financial exploitation;
(6) crimes involving child abuse or neglect;
(7) robbery, larceny, burglary, fraud,
extortion, forgery, embezzlement, credit card fraud or
receiving stolen property; [or ]
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(8) an attempt, solicitation or conspiracy
involving any of the felonies in this subsection;
(9) sex trafficking;
(10) assault of a peace officer;
(11) identity theft; or
(12) cruelty to animals.
E. The health care authority may promulgate rules
to add additional types of convictions to the list of
convictions that disqualify an applicant, caregiver or hospital
caregiver from employment as a caregiver.
[E.] F. Upon receipt by the [department of ] health
care authority of the results of the applicant's, caregiver's
or hospital caregiver's nationwide criminal history screening,
the [department of health ] authority shall give notice to the
submitting care provider whether the applicant or caregiver has
a disqualifying conviction of a crime specified in Subsection D
of this section or as determined by the authority pursuant to
Subsection E of this section . No other results of the
applicant's, caregiver's or hospital caregiver's nationwide
criminal history screening shall be provided to the care
provider. Except as provided in Subsection [F ] G of this
section, a care provider shall not employ an applicant or
continue to employ a caregiver or hospital caregiver whose
nationwide criminal history screening record reflects a
disqualifying conviction. When the [department of ] health care
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authority provides notice to the care provider of a
disqualifying conviction of a crime specified in Subsection D
of this section or as determined by the authority pursuant to
Subsection E of this section , it shall also notify the
applicant, caregiver or hospital caregiver, stating with
specificity the convictions on which its decision is based and
identifying the agency that provided the records.
[F.] G. An applicant, caregiver or hospital
caregiver whose nationwide criminal history record, obtained
through the applicant's, caregiver's or hospital caregiver's
nationwide criminal history screening and other clarifying
endeavors of the [department of ] health care authority ,
reflects a disqualifying conviction of a crime specified in
Subsection D of this section or as determined by the authority
pursuant to Subsection E of this section , may request from the
[department of health ] authority an administrative
reconsideration. The care provider may, in its discretion,
continue to employ such person during the pendency of the
reconsideration. A care provider may employ the applicant or
caregiver if the reconsideration proceeding results in a
determination by the [department of health ] authority that the
applicant's, caregiver's or hospital caregiver's nationwide
criminal history record inaccurately reflects a disqualifying
conviction of a crime specified in Subsection D of this section
or as determined by the authority pursuant to Subsection E of
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this section or that the employment presents no risk of harm to
a care recipient or that the conviction does not directly bear
upon the applicant's, caregiver's or hospital caregiver's
fitness for the employment.
[G.] H. The [department of] health care authority
is authorized to adopt rules for the administrative
reconsideration proceeding available to an applicant or
caregiver whose nationwide criminal history record reflects a
disqualifying conviction. The rules shall take into account
the requirements of the Criminal Offender Employment Act.
[H.] I. A care provider shall maintain records
evidencing compliance with the requirements of this section
with respect to all applicants and caregivers employed on or
after May 20, 1998.
[I.] J. All criminal history records obtained
pursuant to this section by the [department of ] health care
authority are confidential. No criminal history records
obtained pursuant to this section shall be used for any purpose
other than determining whether an applicant, caregiver or
hospital caregiver has a criminal conviction that would
disqualify the applicant, caregiver or hospital caregiver from
employment as a caregiver or hospital caregiver. Except on
court order or with the written consent of the applicant,
caregiver or hospital caregiver, criminal records obtained
pursuant to this section and the information contained therein
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shall not be released or otherwise disclosed to any other
person or agency. A person who discloses confidential records
or information in violation of this section is guilty of a
misdemeanor and shall be sentenced pursuant to the provisions
of Subsection A of Section 31-19-1 NMSA 1978.
[J.] K. The [department of] health care authority
shall maintain a registry of all applicants who are
disqualified from employment or contractual service as
caregivers or hospital caregivers. An applicant's arrest
record information shall not be released except upon request of
the applicant as provided in the Arrest Record Information Act.
[K.] L. A care provider, including its
administrators and employees, is not civilly liable to an
applicant or a caregiver for a good faith decision to employ,
not employ or terminate employment pursuant to the Caregivers
Criminal History Screening Act.
[L.] M. Failure to comply with the requirements of
this section are grounds for the state agency having
enforcement authority with respect to the care provider to
impose appropriate administrative sanctions and penalties."
SECTION 2. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS.--
On the effective date of this act, all functions, records and
equipment related to the oversight of caregiver criminal
history records shall be transferred from the department of
health to the health care authority.
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