New Mexico
Register / Volume XXXVI, Issue 12 / June 24, 2025
TITLE 7 HEALTH
CHAPTER 29 PRIMARY AND RURAL HEALTH CARE SERVICES
PART 5 CERTIFICATION OF COMMUNITY
HEALTH WORKERS
7.29.5.1 ISSUING
AGENCY: New Mexico Department of Health.
[7.29.5.1 NMAC - Rp, 7.29.5.1 NMAC,
6/24/2025]
7.29.5.2 SCOPE: This rule applies to any person seeking to
practice as a certified community health worker in the state of New Mexico.
[7.29.5.2
NMAC - Rp, 7.29.5.2 NMAC, 6/24/2025]
7.29.5.3 STATUTORY
AUTHORITY: These rules are promulgated pursuant to the
following statutory authorities: the
Department of Health Act, Subsection E of Section 9-7-6 NMSA 1978, which
authorizes the secretary of the department of health to “...make and adopt such
reasonable and procedural rules and regulations as may be necessary to carry
out the duties of the department and its divisions,” and the Community Health
Workers Act, Sections 24-30-1 through 24-30-7 NMSA 1978, which authorizes the
department to adopt regulations to carry out the provisions of the act.
[7.29.5.3
NMAC - Rp, 7.29.5.3 NMAC, 6/24/2025]
7.29.5.4 DURATION: Permanent.
[7.29.5.4
NMAC - Rp, 7.29.5.4 NMAC, 6/24/2025]
7.29.5.5 EFFECTIVE
DATE: June 24, 2025, unless a later date is cited
at the end of a section.
[7.29.5.5
NMAC - Rp, 7.29.5.5 NMAC, 6/24/2025]
7.29.5.6 OBJECTIVE: The objective of this rule is to implement
the Community Health Workers Act. This
rule governs the voluntary certification of community health workers (CHWs) in
New Mexico.
[7.29.5.6
NMAC - Rp, 7.29.5.6 NMAC, 6/24/2025]
7.29.5.7 DEFINITIONS:
A. Definitions
beginning with “A”:
(1) “Action
against a certificate” means any formal action taken by the department that
adversely affects certification status, including but not limited to denial of
initial certification or re-certification, suspension or revocation or a
certificate, probation or reprimand.
(2) “Applicant” means an
individual applying for community health worker certification or
recertification.
B. Definitions beginning with “B”: “Board” means the board of certification of
community health workers established under these rules.
C. Definitions beginning with “C”:
(1) “Certificate” means the
document issued by the department to qualified applicants who have successfully
completed the application process for certification as community health
workers.
(2) “Certification”
means the voluntary process by which the department grants recognition and use
of a credential to individuals who are eligible to practice as certified
community health workers.
(3) “Certified
community health worker” or “CCHW”
means a community health worker to whom the department has issued a certificate
to practice as a certified community health worker.
(4) “Community
health worker” or “CHW” means a
public health worker, also known as a tribal community health representative or
a promotora, who applies an understanding of the experience, language, and
culture of the populations that the individual serves and who provides services
aimed at optimizing individual, family and community health outcomes.
(5) “Continuing education” means
courses or training designed to develop and enhance knowledge, skills, and
professional development to ensure that CCHWs are up to date with current
practices in the field.
(6) “Conviction”
means a plea or adjudication of guilt, a plea of nolo contendre, or an Alford
plea, and does not include a conditional discharge or deferred adjudication
that results in dismissal of a charge.
(7) “Core
competencies” means a combination of qualities, practical skills and
knowledge, defined by the department as essential to the provision of services
by community health workers, demonstration of which is required for
certification.
D. Definitions beginning with “D”: “Department” means the department of health.
E. Definitions
beginning with “E”:
[RESERVED]
F. Definitions beginning with “F”: [RESERVED]
G. Definitions beginning with “G”: [RESERVED]
H. Definitions
beginning with “H”: [RESERVED]
I. Definitions beginning with “I”: [RESERVED]
J. Definitions beginning with “J”: [RESERVED]
K. Definitions beginning with “K”: [RESERVED]
L. Definitions beginning with “L”: [RESERVED]
M. Definitions beginning with “M”: [RESERVED]
N. Definitions beginning with “N”: [RESERVED]
O. Definitions beginning with “O”: [RESERVED]
P. Definitions beginning with “P”: [RESERVED]
Q. Definitions beginning with “Q”: [RESERVED]
R. Definitions
beginning with “R”: “Recertification” means a renewal of certification.
S. Definitions beginning with “S”:
(1) “Scope
of practice”
means the roles and related tasks performed by CCHWs in the provision of
services, including the knowledge, skills and attributes needed to perform
work-related functions, as defined by the department.
(2) “Secretary” means the
secretary of the department of health.
T. Definitions beginning with “T”: [RESERVED]
U. Definitions beginning with “U”: [RESERVED]
V. Definitions beginning with “V”: [RESERVED]
W. Definitions beginning with “W”: [RESERVED]
X. Definitions beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[7.29.5.7
NMAC - Rp, 7.29.5.7 NMAC, 6/24/2025]
7.29.5.8 BOARD
OF CERTIFICATION OF COMMUNITY HEALTH WORKERS:
A. Board membership:
(1) The
board shall be comprised of nine members who are residents of New Mexico,
appointed by the secretary, and shall include:
(a) three
currently practicing CHWs, including at least one tribal community health representative;
(b) the
secretary or the secretary’s designee, who shall serve as chair of the board;
and
(c) five
additional members that the secretary shall endeavor to appoint from community
health stakeholders including but not limited to health care providers, tribal
representatives, individuals from institutions of higher learning, or members
of the community from various geographic regions of the state.
(2) Members
of the board other than the department’s representative shall serve for
staggered terms of four years. The
secretary shall appoint to the initial board three members to a four-year term,
three members to a three-year term, and two members to a two-year term. Each member shall hold office until his or
her successor is appointed. Board members may be reappointed to multiple
consecutive terms.
(3) Board
members shall be reimbursed as provided for in the Per Diem and Mileage Act,
Section 10-8-1 et seq. NMSA 1978 and
shall receive no other compensation, perquisite or allowance.
B. Meetings: The
board shall convene at least once per quarter at the call of the chair and as
frequently as reasonably necessary to review and make recommendations regarding
the CHW certification process.
(1) Meetings
shall be conducted in accordance with the Open Meetings Act, Section 10-15-1
through 10-15-4 NMSA 1978. A simple
majority of the members of the board shall constitute a quorum for the purpose
of transacting official business.
(2) Meeting
arrangements and attendance requirements shall be determined by the board. The board shall recommend to the secretary
removal of board members for non-participation or any other good cause.
C. Duties and responsibilities:
The board shall advise the secretary on
the implementation of standards, guidelines, and requirements relating to the
training and regulation of persons seeking certification or practicing as CCHWs.
(1) The
board shall make recommendations to the secretary on the following matters:
(a) standards
and requirements for the establishment and approval or acceptance of community
health worker education and training programs in the state;
(b) standards
and requirements for approval or acceptance of continuing education courses and
programs as the board may require for recertification every two years;
(c) minimum
education, training, experience, and other qualifications that a certified
community health worker shall possess to qualify as a trainer in any education,
training, or continuing education program for community health workers;
(d) the
process to acknowledge, document, and assess relevant education, training and
experience or other qualifications acquired by CHWs practicing in the state
before the effective date of the Community Health Workers Act for purposes of
certification while waiving minimum training and experience requirements
established by the act (also known as “grandfathering”);
(e) the
means to assess community health worker competency in connection with
certification;
(f) the
core competencies to be required for certification, in consideration of current
New Mexico and national CHW workforce studies; and
(g) the
scope of practice for CCHWs.
(2) The
board may provide guidance to the program on issues or topics presented to the
board at the program’s discretion.
(3) Board
recommendations: The board shall provide
to the secretary written recommendations in accordance with the duties listed
in this section, including any supporting documentation or public
commentary. The secretary shall make a
final determination on all board recommendations.
[7.29.5.8
NMAC - Rp, 7.29.5.8 NMAC, 6/24/2025]
7.29.5.9 NEW
MEXICO REGISTRY OF COMMUNITY HEALTH WORKERS:
The New Mexico registry of community health workers shall be maintained
at the department. The registry is voluntary
and open to all persons who are CCHWs in the state of New Mexico. The registry shall contain the name,
certification number, certification status, and geographic location of the CCHW. Registry information is subject to public
inspection.
[7.29.5.9
NMAC - Rp, 7.29.5.9 NMAC, 6/24/2025]
7.29.5.10 COMMUNITY HEALTH WORKER CERTIFICATION:
A. Initial certification:
(1) All
applicants for initial certification in New Mexico shall:
(a) submit
to the department a completed application in a form specified by the department
to include verification that applicant has met the eligibility requirements;
(b) submit
to the department the designated application fee; and
(c) if
an applicant otherwise meets the eligibility requirements, then in accordance
with this rule, submit a request to the department of public safety (DPS) or a
DPS vendor for a state and national criminal history screening. The results of the criminal history screening
shall be received by the department before a certificate can be issued.
(2) Applicants
who were practicing CHWs prior to the effective date of the Community Health
Workers Act shall submit:
(a) proof
that applicant is at least 18 years of age;
(b) verification
of proficiency in the state approved core competencies through training or
experience, signed by a verifiable current or former supervisor within two years
of date of application;
(c) two
letters of professional reference; and
(d) documentation
of 2,000 hours of work or volunteer experience as a CHW in the two years prior
to application, or documentation of at least half-time paid or volunteer
employment as a CHW in the five years prior to application.
(3) Applicants
who were not practicing CHWs prior to the effective date of the Community
Health Workers Act, or who otherwise do not meet the criteria for
grandfathering by waiver of minimum training and experience requirements based
on practice prior to the effective date of the Community Health Workers Act,
shall submit:
(a) proof
that applicant is at least 18 years of age;
(b) proof
of completion of a department-approved training program that contains an
examination component for each of the core competencies; and
(c) proof
of at least a high school diploma or certificate of high school equivalency. Transcripts from schools outside the United
States shall be assessed for U.S. equivalency by a current national association
of credential evaluation services (NACES) educational credential evaluation
service. The completed assessment
documentation must be attached to the application, and the applicant shall be
solely responsible for any costs or fees associated with the assessment.
(4) In lieu of the documentation required
inSubparagraph (d) of Paragraph 2 and Subparagraph (b) of Paragraph (3) of this
section, an applicant may submit to the department documentation of current
certification as a CHW in another U.S. state, territory, or commonwealth, which
shall include the following:
(a) The name of each U.S. state,
territory, or commonwealth that issued the certification;
(b) The certification number of each
certification;
(c) The date each certification was
issued;
(d) Documentation of the professional
certificate or license issued to the applicant by each state, territory, or
commonwealth in which the applicant holds a professional certificate or
license; and
(e) A statement, signed and dated by the applicant,
attesting that the applicant:
(i) has been certified or licensed in
another U.S. state, territory, or commonwealth for at least one year, with a
scope of practice consistent with the scope of practice for which certification
is being requested;
(ii) has met minimum education
requirements specified in this section;
(iii) has not voluntarily surrendered a
certification or license in any other state or country while under
investigation for unprofessional conduct; and
(iv) does not have a complaint, allegation,
or investigation pending before another regulatory entity in another state or
country related to unprofessional conduct.
(5) Applicants
may be certified at the following levels:
(a) generalist:
an applicant who provides proof of completion of a department-approved training
program that contains an examination component for each of the core
competencies, or an applicant who meets the requirements for certification
through grandfathering;
(b) specialist
I: an applicant who meets the
requirements for a generalist and who demonstrates additional education or
training in at least one specialty area;
(c) specialist
II: an applicant who meets the
requirements for a generalist and who demonstrates additional education or
training in at least two specialty areas;
(d) specialist
III: an applicant who meets the
requirements for a generalist and who demonstrates additional education or
training in three or more specialty areas;
(e) specialty
areas include but are not limited to basic clinical support skills, heart
health, chronic disease, behavioral health, maternal and child health or
developmental disabilities.
(5) The
department shall issue certificates to applicants who satisfy the requirements
of this rule, unless the application is disapproved.
(6) Certificates
shall be valid for two years from the date of issuance. A CCHW shall carry the CCHW certificate and
present it upon request.
B. Recertification:
An applicant for recertification shall:
(1) submit
to the department a completed application in a form specified by the department
to include proof of current certification;
(2) submit
to the department the designated application fee;
(3) provide
proof of completion of at least 30 hours of department-approved continuing
education; and
(4) submit
a request to DPS or a DPS vendor for a current state and national criminal
history screening every other recertification period (i.e., every four years),
if the applicant otherwise meets eligibility requirements.
C. Reinstatement after
lapse, suspension, or revocation:
(1) The
requirements for reinstatement of a certificate that has lapsed are the same as
those for recertification, with the payment of fees as identified for
reinstatement after lapse in Subsection F of 7.29.5.10 NMAC and, if required as
part of recertification, then in accordance with this rule, submission of a
request to DPS or a DPS vendor for a current state and national criminal
history screening.
(2) The
requirements for reinstatement of a certificate that has been suspended or
revoked are the same as those for recertification, provided that the term of
suspension has been completed or terminated or approval of reinstatement after
revocation has been granted. Applicant
shall pay the designated fees for reinstatement after suspension or revocation
in Subsection F of 7.29.5.10 NMAC and, in accordance with this rule, submit a
request to DPS or a DPS vendor for a current state and national criminal
history screening.
D. Disapproval:
(1) The
department may disapprove an application if an applicant has not met the
eligibility requirements as defined by the department or has submitted an
incomplete application. The department
shall send a notice of disapproval with the reasons why the applicant was
disapproved and the requirements necessary to reapply.
(2) An
applicant whose application has been disapproved under Paragraph (1) of Subsection
D of 7.29.5.10 NMAC may not appeal the disapproval. The applicant shall be permitted to reapply
and shall submit a current and complete application that meets the designated
requirements within 60 days of receipt of the notice of disapproval. If the re-submitted application is received
by the program within the 60 days, no new application fee is required. If the re-submitted application is received
after the 60 days, the applicant shall be required to pay the application fee
designated in this rule.
E. Application
processing:
(1) Applications,
including associated fees, shall be sent to the department’s office of
community health workers.
(2) The
department shall review applications on a rolling basis. Applicants shall be notified in writing within
30 working days of receipt of the application by the department whether their
application has been approved or disapproved.
(3) If
an application has been disapproved, applicants shall be notified of their
ability to reapply pursuant to Paragraph (2) of Subsection D of 7.29.5.10 NMAC.
(4) If
an application has been approved, then applicants shall be directed to complete
a state and national criminal history screening. For applicants with no criminal history, or
with no history of felony convictions, the department shall issue a certificate
within 10 working days of receipt of the criminal history screening results.
(5) Applications
with an associated criminal history shall be referred to the certification
review committee and reviewed according to the procedure set forth in this rule.
F. Fees:
(1) The
department shall charge the following fees for certification or approval services:
(a) initial
certification: generalist $125;
(b) initial
certification: specialist I $135;
(c) initial
certification: specialist II $145;
(d) initial
certification: specialist III $155;
(e) recertification
for any level $125;
(f) reinstatement
after lapse $100;
(g) reinstatement
after suspension or revocation $100;
(h) continuing
education program initial approval $300;
(i) continuing
education program approval renewal $200;
(j) trainer endorsement and renewal of
endorsement $250;
(k) replacement of a CCHW certificate $25.
(2) If
an applicant is certified as a generalist, prior to his or her recertification
the applicant may apply to be a specialist at any level and pay the difference
between the specialist fee and the generalist fee.
(3) Payment
of fees: Payment of fees will be
accepted in a form specified by the department.
Fees are not refundable.
(4) Use
of fees: The department shall apply any fee it collects under these rules to
cover the costs of administering the community health worker certification
program established pursuant to the Community Health Workers Act.
G. Unauthorized training:
(1) Continuing education units (CEUs)
obtained from an unauthorized use of NMDOH CHW training shall not be deemed to
satisfy continuing education requirements of this rule.
(2) Continuing education
units (CEUs) obtained from an unauthorized use of NMDOH CEU provider training shall
not be deemed to satisfy continuing education requirements of this rule.
H. Unauthorized
practice:
(1) In
order to use the title “certified community health worker,” the initials “CCHW”
or other designation indicating that the individual is a certified community
health worker, an individual shall be certified pursuant to the provisions of
the Community Health Workers Act and these rules.
(2) To
ensure compliance, the department may issue cease-and-desist orders to persons
violating the provisions of the Community Health Workers Act or these rules.
(3) A
CCHW shall engage only in those activities authorized pursuant to the Community
Health Workers Act and these rules.
While engaging in practice as a CCHW, an individual shall not engage in
or perform any act or service for which another professional certificate,
license or other legal authority is required unless the individual holds the
relevant professional certificate, license or other legal authority to perform
that act or service.
[7.29.5.10
NMAC - Rp, 7.29.5.10 NMAC, 6/24/2025]
7.29.5.11 CRIMINAL HISTORY SCREENING:
A. The department
is authorized to obtain the criminal history records of applicants and to
exchange fingerprint data directly with the federal bureau of investigation
(FBI), DPS and any other law enforcement agency or organization. The department shall
require fingerprinting of applicants for the purposes of this section.
B. Procedure:
(1) If
an applicant otherwise meets the eligibility requirements, then the department
shall require the applicant to submit a request to DPS or a DPS vendor for a
current state and national criminal history screening.
(2) The
department shall provide applicants with the department’s originating agency identification
(ORI) number or other department identifier for the purposes of criminal
history screening.
(3) Applicant
shall provide to DPS or a DPS vendor a background check request, fingerprints,
and supporting documentation including an authorization for release of
information to the department in accordance with DPS or the designated vendor’s
procedures.
(4) DPS
or the designated DPS vendor shall review state records and
also transmit the fingerprints to the FBI for a national screening. The results of the screening shall be made
available to the department for review.
(5) The
department shall make a determination whether the
applicant has been convicted of a felony that bears upon the applicant’s
fitness to provide services.
(6) Applicant
shall bear any costs associated with ordering or conducting criminal history
screening. Fees are determined by and
payable to DPS or the designated DPS vendor.
Fees cannot be waived by the department.
(7) The
department shall comply with applicable confidentiality requirements of DPS and
the FBI regarding the maintenance, dissemination, and destruction of criminal
background check information.
(8) For
applicants with no criminal history, or with no history of felony convictions, the
department shall issue a certificate in accordance with this rule if all other
requirements for certification have been satisfied.
[7.29.5.11
NMAC - Rp, 7.29.5.11 NMAC, 6/24/2025]
7.29.5.12 TRAINER ENDORSEMENT:
A. Persons or entities who wish
to be endorsed by the department of health to conduct CHW training shall annually
submit a completed state endorsement application form and application packet to
the department. Department endorsement
of a CHW trainer is valid for one year.
B. All application packet
materials shall be submitted to the department in a 3-ring binder. Binders shall be organized to include a table
of contents, a labeled divider for each application part, and such other content
as required by this rule and the training endorsement application form. Application packets shall be submitted in the
manner identified on the application form.
Applicants are advised to retain a complete copy of the application
materials for their records. Application
materials for CHW training endorsement shall include the following:
(1) overview of training, to
include, at a minimum, contact information, name of sponsoring organization,
physical and mailing address, organization telephone and fax numbers, website
address, organization type, and non-profit status;
(2) list of core competency
trainings for which the applicant seeks endorsement;
(3) training information, to
include, at a minimum, the training title, description, and focus; target
audience; plan for recruitment; eligibility, application, and registration
criteria for participants; anticipated cost and available support; training
location, format, and frequency; training language; a sample attendance record;
information concerning training, approach, development, and delivery;
involvement of CHWs in training; evaluation method(s); and organizational
experience in providing trainings previously, to include information concerning
individual trainings and the core
competencies addressed;
(4) instructor and trainer
information, to include, at a minimum, names, job titles, telephone and fax
numbers, e-mail addresses; education and work experience; CHW supervision
history; training experience; the CHW core competencies in which the applicant
provides training; specialty knowledge and skills; and training delivery
methods;
(5) designee signature; and
(6) payment for all
associated fees (see section 7.29.5.10 NMAC).
[7.29.5.12
NMAC - N, 6/24/2025]
7.29.5.13 CONTINUING EDUCATION PROGRAM
APPROVAL:
A. The office of community
health workers approves community health worker continuing education programs
that meet specific criteria. These
approved programs may then be taken by community health workers to meet the CEU
requirement for certification renewal.
Only continuing education programs that receive prior approval from the
department can satisfy the CEU requirement for certification renewal. Department approval of a continuing education
program is valid for one year.
B. A continuing education
provider shall submit a completed CEU application for approval of a continuing
education program, along with a non-refundable payment for all associated fees
(see 7.29.5.10 NMAC). Applications must
be received at least four weeks prior to the event; applications received after
the event date will not be reviewed or approved.
C. A continuing education provider that seeks approved of a continuing education program must have:
(1) A means of responsibility for control
over all aspects of the CEU program(s) to ensure that educational objectives
and standards are met;
(2) A system for selection and
supervision of qualified instructors;
(3) A system for evaluation of each
approved program by program participants; and
(4) Presenters who are certified CHWs and
have three years of working experience, or non-CHWs who hold a bachelor’s
degree or higher from an accredited institution and have three years of
experience working with CHWs.
D. Retention of approved program materials by providers: It is the responsibility of the continuing
education provider to maintain CEU program information as well as attendance
records for all participants, and to issue certificates of completion of each
approved program. Such records should be
retained for a minimum of three years from the date of the program and be made
available to participants upon request.
CEU providers are not required to submit attendance sheets to the
department.
E. Evaluations: The
CEU provider shall collect program evaluations from participants, and shall utilize the program’s statement of
objectives to ascertain whether desired goals have been reached. Evaluations are for the provider’s records
only; however, if the program is more than 3 CEUs, an evaluation review (no
more than one page) shall be submitted to the department within one month of
the date that the program is held.
F. Internet-based learning:
For internet–based learning programs,
contact hours are determined on content, time to review the content, and an
appropriate number of test questions that reflect whether the learning
objectives have been met. Post-test on
all distance learning products with a passing score of not less than seventy
percent is required.
G. Credit hour
determination: One continuing education
hour equals one clock-hour of instruction. Breaks, lunches, introductions, and
social events do not count toward CEUs.
H. Promoting CEU programs
and issuing certificates: Continuing
education providers may advertise an event as offering CHW continuing education
credits only after the program is granted approval by the department. CEU programs may be advertised, without a
statement that the program offers CHW continuing education credits, if an
application has been submitted but has not yet been reviewed. Once the program is approved by the
department, the following statement should be added to event materials and must
be on CEU certificates: “CHW CEUs approved by DOH-OCHW.”
[7.29.5.13
NMAC - N, 6/24/2025]
7.29.5.14 CERTIFICATION REVIEW COMMITTEE:
A. A certification
review committee is hereby established.
The committee shall be appointed by the secretary and shall be comprised
of five employees of the public health division, to include the division
director, the director of the center for health and safe communities, and the
CHW program manager. The committee may
conduct an individualized review of the grounds for action against a
certificate and shall determine whether to pursue action against a certificate by
a majority vote. A certificate may be
denied, suspended or revoked, or may be subject to any lesser action, including
but not limited to reprimand or probation.
B. Grounds for action against a certificate: A
certificate may be denied, suspended, revoked, or subject to other adverse
action, for:
(1) violation
of, or failure to satisfy, a requirement of this rule;
(2) conviction of a felony that relates
to the CHW scope of practice;
(3) fraud,
deceit, or misrepresentation during the certification application process;
(4) failure
to possess and apply the knowledge, skill or care that is ordinarily possessed
and exercised by CCHWs or as defined by the core competencies; and
(5) unprofessional
conduct, which includes but is not limited to:
(a) verbally
or physically abusing a client;
(b) unauthorized
practice or practice which is beyond the defined scope of practice for CCHWs,
including unauthorized use of the CCHW designation;
(c) unauthorized
disclosure of medical or other confidential information;
(d) obtaining
or attempting to obtain any fee for client services for one’s self or for
another through fraud, misrepresentation or deceit; or
(e) physical
or mental incapacity which could result or has resulted in performance of CCHW
duties in a manner which endangers the health and safety of others.
C. Committee review of
criminal history screening results:
(1) The
committee may conduct an individualized review of applications with an
associated history of felony convictions, and shall
determine whether to pursue action against a certificate by a majority vote. Committee members shall meet any DPS or FBI
requirements regarding individuals who handle criminal history information.
(2) The
committee may request that applicants provide additional information in writing
in order to make a final determination of
certification, such as evidence of acquittal, dismissal, conviction of a lesser
included crime or rehabilitation.
(3) In
accordance with the Community Health Workers Act at Section 24-30-7 NMSA 1978,
the provisions of the Criminal Offender Employment Act, Section 28-2-1 through
28-2-6 NMSA 1978 shall govern any consideration of criminal records required or
permitted by the Community Health Workers Act.
The following factors may also be considered in order
to make a final determination on certification:
(a) total
number of felony convictions and type of crimes;
(b) time
elapsed since last conviction or since discharge of sentence;
(c) circumstances
of the crime including but not limited to whether violence was involved;
(d) activities
evidencing rehabilitation, including but not limited to substance abuse or
other rehabilitation programs;
(e) false
or misleading statements in the application; and
(f) relation
of crimes to the scope of practice.
(4) For
the purposes of this section and pursuant to the Criminal Offender Employment
Act, Section 28-2-4 NMSA 1978: if an
applicant has been convicted of a felony, and the conviction directly relates
to the scope of practice, then the burden is on the applicant to demonstrate by
a preponderance of the evidence that the applicant has been sufficiently
rehabilitated.
(5) Applicants
shall be notified in writing of the decision to pursue action against a
certificate based on the results of a criminal history review, including a
statement of the grounds or subject upon which the action is based.
(6) An
applicant whose certification or recertification is denied, suspended or
revoked based on information obtained in a criminal history background check,
shall be entitled to review the information obtained and to appeal the decision
pursuant to the procedure in accordance with this rule.
D. Committee review of
other grounds for action:
(1) The
committee may conduct an individualized review of the grounds for action
against a CCHW or applicant and shall determine whether to pursue action against
a certificate by a majority vote.
(2) The
committee may request that applicants provide additional information in writing
in order to make a final determination of
certification.
(3) Applicants
shall be notified in writing of the decision to pursue action against a
certificate based on the results of the committee’s review, including a
statement of the grounds or subject upon which the proposed action is based.
(4) An
applicant whose certification or recertification is denied, suspended or
revoked shall be entitled to review the information obtained and to appeal the
decision pursuant to the procedure in accordance with this rule.
E. An applicant who
is reprimanded, placed on probation, or who is otherwise subjected to any
lesser form of action against a certificate than denial, suspension, or
revocation may for good cause submit a verbal or written request to the
certification review committee for a secondary review. Requests for review must be submitted within
10 working days of the original decision to take action
against a certificate. All decisions by
the committee after a secondary review are considered final and are not subject
to appeal.
[7.29.5.14
NMAC - Rp, 7.29.5.12 NMAC, 6/24/2025]
7.29.5.15 HEARINGS:
A. Right to appeal: An applicant may appeal a decision by the
department to deny, suspend, revoke, or take other adverse action against a
certificate, by requesting a hearing by mailing a certified return receipt
letter to the address provided in the notice of action within 20 days after
service of notice.
B. Notice: The
department shall serve upon an applicant written notice containing the action
against a certificate and a statement of the grounds or subject upon which the
action is based and instructions for requesting a hearing.
C. Notice of hearing:
Upon receipt of a timely request for a
hearing, the department shall appoint a hearing officer and schedule a hearing,
to be held in Santa Fe, New Mexico within 60 working days of receipt of the
request.
(1) Either
party may request a continuance at least 10 days prior to the scheduled
hearing, to be approved or denied by the hearing officer.
(2) If
an applicant fails to appear after requesting a hearing, the hearing officer
may proceed to consider the matter and render a report and recommendation.
(3) If
no request for a hearing is made in the time and manner specified, the committee
shall take the action against the certificate and such action shall be final.
D. Hearing officer
duties: The hearing officer shall
preside over the hearing, administer oaths, take evidence and decide
evidentiary objections and rule on any motions or other matters that arise
prior to the hearing.
E. Admissible evidence:
The hearing officer may admit evidence
and may give probative effect to evidence that is of a kind commonly relied on
by reasonably prudent persons in the conduct of serious affairs. Rules of evidence shall not apply but may be
considered in determining the weight to be given to any item of evidence. Action against a certificate must not be
based solely on hearsay evidence.
F. Discovery: Any party is entitled to obtain the names and
addresses of witnesses who will or may be called by the other party to testify
and to inspect and copy any documents or items which the other party will or
may introduce in evidence at the hearing.
Additional discovery may be ordered at the hearing officer’s discretion.
G. Burden of proof: In accordance with the Criminal Offender
Employment Act:
(1) When
the action against a certificate is not based on a review of the applicant’s
criminal history report, the department has the burden of proving by a
preponderance of the evidence the basis for the action.
(2) When
the action against a certificate is based on a review of the applicant’s
criminal history report, and the applicant has been convicted of a felony directly
related to the scope of practice, the applicant has the burden of proving sufficient
rehabilitation by a preponderance of the evidence.
H. Conduct of hearing:
Hearings shall be open to the public but
may be closed at either party’s request, at the discretion of the hearing
officer. The hearing officer shall state
on the record the reasons for holding a closed hearing.
I. Legal
representation: An individual
entitled to a hearing under this rule shall have the right to be represented by
an attorney licensed to practice in New Mexico or by a member of his or her profession
or occupation, or both.
J. Hearing officer written
report and recommendation(s): The
hearing officer shall issue a report and recommended findings to the department
secretary within 30 working days of the final submission in the case.
K. Decision of the
department: The secretary shall
render a final determination in writing, including the basis for the decision,
within 30 calendar days of the submission of the hearing officer’s written
report. A copy of the final decision
shall be mailed to the applicant by certified mail, return receipt requested to
the most current address provided by the applicant. It is the responsibility of the applicant to
provide current contact information to the program.
L. Reinstatement of a
suspended or revoked certificate:
(1) Requests
for reinstatement for a revoked certificate shall not be considered by the
department prior to the expiration of three years from the date of the
revocation indicated in the department’s final decision. Requests for reinstatement of a suspended
certificate shall not be considered by the department prior to the expiration
of one year from the date of the suspension indicated in the department’s final
decision.
(2) Individuals
who request reinstatement of their certificate shall provide the department
with substantial evidence to support their request in the form of notarized
written reports or sworn statements from individuals who have personal
knowledge of the individual’s activities and progress during the time that the
certificate is suspended or revoked.
(3) Reinstatement
of a suspended or revoked certificate requires proof of meeting the
recertification requirements as set forth in this rule including payment of the
reinstatement fee designated in this rule.
(4) If
reinstatement of a suspended or revoked certificate is denied, individuals have
a right to appeal in accordance with the hearing procedures set forth in this
rule.
[7.29.5.15
NMAC - Rp, 7.29.5.13 NMAC, 6/24/2025]
7.29.5.16 INSPECTION OF RECORDS: The following records are not subject to
public inspection, and shall be maintained in a confidential manner:
A. Health
information protected by state and federal laws.
B. Materials
associated with reviews conducted by the certification review committee,
including but not limited to criminal history information.
C. Protected personal
identifier information, as that term is used in the Inspection of Public
Records Act at Section 14-2-1.1 NMSA 1978, that are contained in an
application, including all but the last four digits of a date of birth and
social security numbers.
[7.29.5.16
NMAC - Rp, 7.29.5.14 NMAC, 6/24/2025]
HISTORY OF 7.29.5
NMAC: [RESERVED]
History of
Repealed Material: 7.29.5 NMAC, Certification of Community Health Workers filed 1/7/2015,
Repealed effective 6/24/2025.
Other: 7.29.5 NMAC, Certification of
Community Health Workers filed 1/7/2015 Replaced by 7.29.5 NMAC, Certification
of Community Health Workers effective 6/24/2025.