1. A. Arrests: The Board shall not exclude from licensure a person who is otherwise qualified on the sole basis that the person has been previously arrested for or convicted of a crime unless the person has a disqualifying criminal conviction.

2. B. Convictions for any of the following misdemeanor or felony offenses, or their equivalents in any other jurisdiction, are disqualifying criminal convictions that may disqualify an applicant from receiving or retaining a license or certificate issued by the board:

   1. (1) homicide;
   2. (2) aggravated assault, aggravated battery, kidnapping, false imprisonment, human trafficking, stalking, or other crimes of violence against persons;
   3. (3) robbery, larceny, burglary, extortion, receiving stolen property, possession of burglary tools, unlawful taking of a motor vehicle, or other crimes involving theft or appropriation of personal property or funds;
   4. (4) rape, criminal sexual penetration, criminal sexual contact, incest, indecent exposure, child solicitation, or other crimes constituting sexual offenses;
   5. (5) crimes against children; crimes involving child abuse or neglect; child sexual exploitation, child pornography;

3. (6) driving under the influence of intoxicating liquor or drugs;

   1. (7) trafficking controlled substances;
   2. (8) fraud, forgery, money laundering, embezzlement, credit card fraud, counterfeiting, financial exploitation, or other crimes of altering any instrument affecting the rights or obligations of another;
   3. (9) making a false statement under oath or in any official document;
   4. (10) evasion of a lawful debt or obligation, including but not limited to tax obligations; or

   5. (11) an attempt, solicitation or conspiracy involving any of the felonies in this subsection.

      HISTORY OF 16.10.2 NMAC:

      Pre-NMAC History: The material in this part was derived from that previously filed with State Records Center and Archives under:

      Rule 3, Licensure as a Medical Practitioner, filed 10/26/1994.

      Rule 3, Licensure as a Medical Practitioner, filed 06/21/1993.

      Rule 4, Temporary Licenses, filed 12/19/1989.

      NMBME Rule 88-1, Temporary Licenses, filed 05/31/1988.

      History or Repealed Material:

      16 NMAC 10.2, Licensure as a Medical Practitioner - Repealed 4/18/2002.

      16 NMAC 10.3, Interim and Temporary Licenses - Repealed 4/18/2002.

      16.10.2 NMAC - Physicians: Licensure Requirements filed 3/18/2002 emergency repealed 7/7/2023.

      Other:

      16.10.2 NMAC - Physicians: Licensure Requirements filed 3/18/2002 was Replaced, via emergency filing, by 16.10.2 NMAC - Physicians: Licensure Requirements 7/7/2023.

[16.10.2.20 NMAC - Rp/E, 16 10.2.20 NMAC 7/7/2023]