HB 131 — CAREGIVER BACKGROUND CHECKS

HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE BILL 131 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 4 6 8 10 AN ACT RELATING TO PUBLIC SAFETY;

e9 t 17 w l n d 18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

= = 19 a l SECTION 1.

Section 29-17-5 NMSA 1978 (being Laws 1998, i a e r 20 Chapter 68, Section 4, as amended) is amended to read:

a t m m 21 "29-17-5.

CRIMINAL HISTORY SCREENING REQUIRED-- d r e 22 REGULATORY IMPLEMENTATION--APPEALS.-- c e s k 23 A.

The [department of] health care authority is e a n b 24 authorized to receive an applicant's, caregiver's or hospital u [ caregiver's nationwide criminal history record obtained by the .230751.4 HJC/HB 131 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 HJC/HB 131 Page 1 criminal history screening.

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;

time frames for an applicant's or caregiver's nationwide criminal e t 17 history screening;

procedures for clarifying incomplete or w l n d 18 confusing criminal history information;

provider sanctions for = = 19 noncompliance;

and employment procedures pending the results of a l i a e r 20 the nationwide criminal history screening relating to a t m m 21 applicants and caregivers.

d r e 22 C.

No caregiver or hospital caregiver may be c e s k 23 employed by a care provider unless the caregiver or hospital e a n b 24 caregiver first has submitted to a request for a nationwide u [ criminal history screening prior to beginning employment in .230751.4 - 2 - HJC/HB 131 accordance with procedures established by rule by the [departments of] health care authority and department of public safety.

HJC/HB 131 Page 2 (1) homicide;

(4) rape, criminal sexual penetration, e t 17 criminal sexual contact, incest, indecent exposure or other w l n d 18 related sexual offenses;

= = 19 (5) crimes involving adult abuse, neglect or a l i a e r 20 financial exploitation;

a t m m 21 (6) crimes involving child abuse or neglect;

d r e 22 (7) robbery, larceny, burglary, fraud, c e s k 23 extortion, forgery, embezzlement, credit card fraud or e a n b 24 receiving stolen property;

[or] u [ (8) an attempt, solicitation or conspiracy .230751.4 - 3 - HJC/HB 131 involving any of the felonies in this subsection;

In determining whether HJC/HB 131 Page 3 a person poses an unreasonable risk as a caregiver, the health care authority shall assess the totality of the circumstances using reasonably reliable information, such as court records.

The health care authority may only find that an applicant, caregiver or hospital caregiver poses an unreasonable risk if the preponderance of the evidence establishes an unreasonable e t 17 risk due to the applicant, caregiver or hospital caregiver w l n d 18 having:

= = 19 (a) two or more convictions related to a l i a e r 20 abuse, neglect or exploitation within the past ten years, a t m m 21 regardless of the degree of the crime;

or d r e 22 (b) a single conviction or pending c e s k 23 charges, regardless of the degree of the crime, if the crime is e a n b 24 related to:

1) abuse, neglect or exploitation of a care u [ recipient;

3) criminal sexual penetration .230751.4 - 4 - HJC/HB 131 or related sexual offenses;

An applicant, caregiver or hospital caregiver shall have the right to judicial review of any final decision made by the health care authority pursuant to this HJC/HB 131 Page 4 subsection.

[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 e t 17 Subsection D of this section] is disqualified pursuant to w l n d 18 Subsection D or E of this section.

No other results of the = = 19 applicant's, caregiver's or hospital caregiver's nationwide a l i a e r 20 criminal history screening shall be provided to the care a t m m 21 provider.

Except as provided in Subsection [F] G of this d r e 22 section, a care provider shall not employ an applicant or c e s k 23 continue to employ a caregiver or hospital caregiver whose e a n b 24 nationwide criminal history screening record reflects a u [ disqualifying conviction or an unreasonable risk.

When the .230751.4 - 5 - HJC/HB 131 [department of] health care authority provides notice to the care provider of a [disqualifying conviction of a crime specified in Subsection D of this section] disqualification pursuant to Subsection D or E of this section, it shall also notify the applicant, caregiver or hospital caregiver, stating with specificity the [convictions] reasons 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, [reflectsresults ain disqualifying conviction of a crimeHJC/HB specified131 in]Page results5 in a disqualification pursuant to Subsection D or E of this section, may request from the [department of health] e t 17 authority an administrative reconsideration.

The care provider w l n d 18 may, in its discretion, continue to employ such person during = = 19 the pendency of the reconsideration.

A care provider may a l i a e r 20 employ the applicant or caregiver if the reconsideration a t m m 21 proceeding results in a [determination by the department of d r e 22 health that the applicant's, caregiver's or hospital c e s k 23 caregiver's nationwide criminal history record inaccurately e a n b 24 reflects a disqualifying conviction of a crime specified in u [ Subsection D of this section or that the employment presents no .230751.4 - 6 - HJC/HB 131 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] reversal of the health care authority's decision.

[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 or an unreasonable risk.

[H.] I.