The department shall issue a license as a polygraph examiner to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

1. A. is at least eighteen years of age;
2. B. is of good moral character;
3. C. possesses a high school diploma or its equivalent;
4. D. has not been convicted of a felony involving an intentional violent act or the illegal use or possession of a deadly weapon and has not been found to have violated professional ethical standards;
5. E. has graduated from an accredited polygraph examiners course approved by the department;

6. F. has:

   1. (1) completed a probationary operational competency period and passed an examination of ability approved by the department to practice polygraphy; or
   2. (2) submitted proof of holding, for a minimum of two years immediately preceding the date of application, a current license to practice polygraphy in another jurisdiction whose standards are equal to or greater than those in New Mexico; and
7. G. meets other requirements set forth in the rules of the department.

History: Laws 2007, ch. 115, § 13.

ANNOTATIONS

Cross references. — For definition of "polygraph examiner", see 61-27B-2 NMSA 1978.

Compiler's note. — Laws 2007, ch. 115, § 13 was enacted as 61-27A-6.6 NMSA 1978. It has been codified by the compiler as 61-27B-13 NMSA 1978. See the compiler's note following 61-27B-1 NMSA 1978.

Delayed repeal. — For delayed repeal of the section, see 61-27B-36 NMSA 1978.

Effective dates. — Laws 2007, ch. 115, § 38, makes the section effective July 1, 2007.

Prerequisites to admissibility at trial. — Stipulation by the parties to a polygraph test or the absence of objection thereto at trial are not prerequisites to the admission into evidence of the results of such tests. State v. Dorsey, 1975-NMSC-040, 88 N.M. 184, 539 P.2d 204 (decided under prior law) ( now see Rule 11-707 NMRA).

Licensed examiner required. — The proponent of polygraph evidence must show that the polygraph examiner was licensed. State v. Sanders, 1994-NMSC-043, 117 N.M. 452, 872 P.2d 870 (decided under prior law) (now see Rules 11-702 and 11-707 NMRA).

Standard of care. — Polygraphers are professionals subject to a malpractice standard of care, not just a "reasonable man" standard. Lewis v. Rodriguez, 1988-NMCA-062, 107 N.M. 430, 759 P.2d 1012.

Law reviews. — For article, "The Admissibility of Scientific Evidence Under the New Mexico and Federal Rules of Evidence," see 6 N.M.L. Rev. 187 (1976).

For note, "Lie Detector Evidence - New Mexico Court of Appeals Holds Voice-Stress Lie Detector Evidence Conditionally Admissible: Simon Neustadt Family Center, Inc. v. Bludworth," see 13 N.M.L. Rev. 703 (1983).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits § 4.

Validity and construction of statutes licensing or otherwise regulating operators of polygraph or similar devices, 32 A.L.R.3d 1324.

53 C.J.S. Licenses § 34.

For article, "Survey of New Mexico Law, 1982-83: Evidence," see 14 N.M.L. Rev. 161 (1984).

Physiological or psychological truth and deception tests, 23 A.L.R.2d 1306, 53 A.L.R.3d 1005, 47 A.L.R.4th 1202, 77 A.L.R.4th 927.

Validity and construction of statutes licensing or otherwise regulating operators of polygraph or similar devices, 32 A.L.R.3d 1324.

Validity and construction of statute prohibiting employers from suggesting or requiring polygraph or similar tests as condition of employment or continued employment, 23 A.L.R.4th 187.

Admissibility of lie detector test results, or of offer or refusal to take test, in attorney disciplinary proceeding, 79 A.L.R.4th 576.