A. The board may adopt rules that provide for criminal background checks for all new licensees to include:
(1) requiring criminal history background checks of applicants for licensure pursuant to the Pharmacy Act;
(2) requiring applicants for licensure to be fingerprinted;
(3) providing for an applicant who has been denied licensure 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; and
(5) providing for submission of an applicant'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.
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.
C. Electronic live fingerprint scans may be used when conducting criminal history background checks.
History: Laws 2007, ch. 79, § 3.
Delayed repeals. — For delayed repeal of this section, see 61-11-29 NMSA 1978.
Effective dates. — Laws 2007, ch. 79, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-11-1 - Short title. (Repealed effective July 1, 2024.)
Section 61-11-1.1 - Legislative findings; purpose of act. (Repealed effective July 1, 2024.)
Section 61-11-2 - Definitions. (Repealed effective July 1, 2024.)
Section 61-11-3 - Criminal offender's character evaluation. (Repealed effective July 1, 2024.)
Section 61-11-6 - Powers and duties of board. (Repealed effective July 1, 2024.)
Section 61-11-6.1 - Criminal background checks. (Repealed effective July 1, 2024.)
Section 61-11-7 - Drug dispensation; limitations. (Repealed effective July 1, 2024.)
Section 61-11-8 - Drug records to be kept. (Repealed effective July 1, 2024.)
Section 61-11-9.1 - Surety bonds. (Repealed effective July 1, 2024.)
Section 61-11-10 - Reciprocal licensure. (Repealed effective July 1, 2024.)
Section 61-11-11.1 - Pharmacy technician; qualifications; duties. (Repealed effective July 1, 2024.)
Section 61-11-12 - License fees. (Repealed effective July 1, 2024.)
Section 61-11-13 - Renewal; revocation. (Repealed effective July 1, 2024.)
Section 61-11-16 - Pharmacies; equipment required. (Repealed effective July 1, 2024.)
Section 61-11-17 - Display of license. (Repealed effective July 1, 2024.)
Section 61-11-18 - State license; actions authorized. (Repealed effective July 1, 2024.)
Section 61-11-18.1 - Reports to board. (Repealed effective July 1, 2024.)
Section 61-11-18.2 - Audit of pharmacy records. (Repealed effective July 1, 2024.)
Section 61-11-22 - Exemptions from act. (Repealed effective July 1, 2024.)
Section 61-11-23 - Construction of laws relating to drugs. (Repealed effective July 1, 2024.)
Section 61-11-24 - Violations; penalties. (Repealed effective July 1, 2024.)
Section 61-11-25 - Power to enjoin violations. (Repealed effective July 1, 2024.)
Section 61-11-26 - Licensure under previous law. (Repealed effective July 1, 2024.)
Section 61-11-27 - Transfer of funds. (Repealed effective July 1, 2024.)
Section 61-11-28 - Uniform Licensing Act. (Repealed effective July 1, 2024.)
Section 61-11-29 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2024.)