SENATE BILL 98

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Sander Rue

AN ACT

RELATING TO PROFESSIONAL AND OCCUPATIONAL LICENSURE; AMENDING AND ENACTING SECTIONS OF THE EMERGENCY MEDICAL SERVICES ACT TO PROVIDE FOR CRIMINAL HISTORY BACKGROUND CHECKS OF PERSONS APPLYING FOR LICENSURE OR LICENSED TO PROVIDE 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 HISTORY BACKGROUND CHECKS.--

          A. The department may obtain a criminal history record of an applicant or licensee from the department of public safety, the federal bureau of investigation or any other law enforcement agency or organization that meets the criminal history standards set by the federal bureau of investigation or the department of public safety.

          B. 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 history background check information. Electronic live fingerprint scans may be used when conducting criminal history background checks.

          C. 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.

          D. The secretary shall adopt and promulgate rules relating to criminal history background checks for applicants and licensees. These rules shall include:

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

                (2) requiring applicants and licensees to be fingerprinted;

                (3) providing an opportunity to an applicant who has been denied licensure or a licensee whose license has been suspended or revoked on the basis of information that the department receives pursuant to a criminal history background check to inspect or challenge the validity of the background check record;

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

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

                (6) the frequency with which the department shall require a criminal history background check.

          E. The provisions of the Criminal Offender Employment Act shall govern any consideration of criminal records required or permitted by the Emergency Medical Services 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 that holds a license 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, 2014.

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