SENATE BILL 116

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Sander Rue

AN ACT

RELATING TO PROFESSIONAL AND OCCUPATIONAL LICENSES; ENACTING A NEW SECTION OF THE EMERGENCY MEDICAL SERVICES ACT; PROVIDING FOR CRIMINAL BACKGROUND CHECKS OF PERSONS PROVIDING EMERGENCY MEDICAL SERVICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 24-10B-1 NMSA 1978 (being Laws 1983, Chapter 190, Section 1) is amended to read:

     "24-10B-1. SHORT TITLE.--[This act] Chapter 24, Article 10B NMSA 1978 may be cited as the "Emergency Medical Services Act"."

     SECTION 2. A new section of the Emergency Medical Services Act is enacted to read:

     "[NEW MATERIAL] CRIMINAL BACKGROUND CHECKS.--

          A. The department may obtain nationwide criminal history records of applicants and licensees from the department of public safety, the federal bureau of investigation or any other law enforcement agency or organization.

          B. The department shall adopt rules that provide for criminal background checks for applicants and licensees to include:

                (1) requiring and setting forth the procedures for criminal background checks of applicants and licensees pursuant to the Emergency Medical Services Act;

                (2) requiring applicants and licensees to be fingerprinted;

                (3) providing for an applicant who has been denied licensure or a licensee whose license has been suspended or revoked based on a background check to inspect or challenge the validity of the background check record;

                (4) establishing a fingerprint and background check fee not to exceed seventy-five dollars ($75.00) to be paid by the applicant or licensee;

                (5) providing for the use of state and national criminal history records of the applicant or licensee from the department of public safety, federal bureau of investigation or any other law enforcement agency or organization;

                (6) providing for submission of an applicant's or licensee's fingerprint cards to the federal bureau of investigation to conduct a national criminal history background check and to the department of public safety to conduct a state criminal history check; and

                (7) identifying what information obtained from a criminal background check may form the basis of denial, suspension or revocation of a license or any other disciplinary action.

          C. Arrest record information received from the department of public safety and the federal bureau of investigation shall be privileged and shall not be disclosed to persons not directly involved in the decision affecting the applicant or licensee. The department shall comply with applicable confidentiality requirements of the department of public safety and the federal bureau of investigation regarding the dissemination of criminal background check information.

          D. Electronic live fingerprint scans may be used when conducting criminal history background checks.

          E. An applicant or licensee whose license is denied, suspended or revoked or who is otherwise disciplined based on information obtained in a criminal history background check shall be entitled to appeal the decision under the provisions of the Uniform Licensing Act.

          F. As used in this section:

                (1) "applicant" means a person applying for licensure to provide emergency medical services under the Emergency Medical Services Act; and

                (2) "licensee" means a person already licensed to provide emergency medical services under the Emergency Medical Services Act."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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