A. The board may adopt rules that provide for criminal background checks for all licensees to include:
(1) requiring criminal history background checks of applicants for licensure pursuant to the Professional Psychologist Act;
(2) requiring applicants for licensure to be fingerprinted only upon initial licensure;
(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 2009, ch. 51, § 4; 2019, ch. 209, § 5.
Delayed repeals. — For delayed repeal of this section, see 61-9-19 NMSA 1978.
The 2019 amendment, effective July 1, 2020, provided that applicants for licensure shall be fingerprinted only upon initial licensure; in Subsection A, Paragraph A(2), after "fingerprinted", added "only upon initial licensure".
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-9-1 - Short title. (Repealed effective July 1, 2028.)
Section 61-9-3 - Definitions. (Repealed effective July 1, 2028.)
Section 61-9-4 - Criminal offender's character evaluation. (Repealed effective July 1, 2028.)
Section 61-9-4.1 - License required. (Repealed effective July 1, 2028.)
Section 61-9-5 - State board of examiners; psychology fund. (Repealed effective July 1, 2028.)
Section 61-9-6 - Board; meeting; powers. (Repealed effective July 1, 2028.)
Section 61-9-7 - Fees; license renewal. (Repealed effective July 1, 2028.)
Section 61-9-8 - Records. (Repealed effective July 1, 2028.)
Section 61-9-9 - Licensure of psychologists without examination. (Repealed effective July 1, 2028.)
Section 61-9-10 - Licensure of psychologists from other areas. (Repealed effective July 1, 2028.)
Section 61-9-10.1 - Provisional and temporary licensure. (Repealed effective July 1, 2028.)
Section 61-9-11 - Licensure; examination. (Repealed effective July 1, 2028.)
Section 61-9-11.2 - Criminal background checks. (Repealed effective July 1, 2028.)
Section 61-9-12 - License. (Repealed effective July 1, 2028.)
Section 61-9-13 - Denial, revocation or suspension of license. (Repealed effective July 1, 2028.)
Section 61-9-14 - Violation and penalties. (Repealed effective July 1, 2028.)
Section 61-9-15 - Injunctive proceedings. (Repealed effective July 1, 2028.)
Section 61-9-16 - Scope of act. (Repealed effective July 1, 2028.)
Section 61-9-17 - Drugs; medicines. (Repealed effective July 1, 2028.)
Section 61-9-17.2 - Prescribing practices. (Repealed effective July 1, 2028.)
Section 61-9-18 - Privileged communications. (Repealed effective July 1, 2028.)
Section 61-9-19 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)