Bill > SB222

This bill shifts the responsibility for overseeing caregiver background checks from the Department of Health to the Health Care Authority, and makes several significant changes to the criminal history screening process for caregivers. The bill expands the list of disqualifying felony convictions to include additional offenses such as sex trafficking, assault of a peace officer, identity theft, and cruelty to animals, and specifically adds battery of a household member to the existing list of disqualifying offenses. It grants the Health Care Authority the power to establish additional disqualifying convictions through rule-making, and maintains the existing process requiring caregivers to submit fingerprints for nationwide criminal history screenings before employment. The bill preserves the existing appeal process for caregivers whose criminal records reflect disqualifying convictions, allowing for administrative reconsideration if the caregiver can demonstrate that the conviction does not directly impact their fitness for employment or pose a risk to care recipients. Additionally, the bill includes a provision for the transfer of all existing functions, records, and equipment related to caregiver criminal history records from the Department of Health to the Health Care Authority, ensuring a smooth transition of responsibilities. The legislation aims to enhance public safety by implementing more comprehensive background check requirements for caregivers.

Health and Social Services

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=222&year=25