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Criminal Screening

Caregiver's Criminal History Screening

The Guardianship Program contract "corporate" guardians are required to follow screening for criminal history as part of their Guardianship Certification through the national Center for Guardianship Certification (CGC). The New Mexico Caregivers Criminal History Screening Act requires that persons whose employment or contractual service with a care provider includes direct care or routine and unsupervised physical or financial access to any care recipient served by that provider must undergo a nationwide criminal history screening to ensure to the highest degree possible the prevention of abuse, neglect or financial exploitation of individuals receiving care. This law prevents persons who have been convicted of certain crimes from working with individuals receiving health care. The law is very specific about the conviction history and the care provider's responsibility, as well as the types of crimes and convictions. Information regarding the Caregiver's Criminal History Screening Act is available at: https://nmhealth.org/about/dhi/cchsp/. The following are the "disqualifying felony convictions" in the Caregiver's Criminal History Screening Regulation:

7.1.9.11 DISQUALIFYING CONVICTIONS.

The following felony convictions disqualify an applicant, caregiver or hospital caregiver from employment or contractual services with a care provider:

  • A. homicide;
  • B. trafficking, or trafficking in controlled substances;
  • C. kidnapping, false imprisonment, aggravated assault or aggravated battery;
  • D. rape, criminal sexual penetration, criminal sexual contact, incest, indecent exposure, or other related felony sexual offenses;
  • E. crimes involving adult abuse, neglect or financial exploitation;
  • F. crimes involving child abuse or neglect;
  • G. crimes involving robbery, larceny, extortion, burglary, fraud, forgery, embezzlement, credit card fraud, or receiving stolen property; or
  • H. an attempt, solicitation, or conspiracy involving any of the felonies in this subsection.

The law regarding this screening for criminal history for caregivers can be found in Sections 29-17-1 to 29-17-5 NMSA 1978 et seq. , and the Regulations can be found at 7.1.9.1 NMAC.