All Roll Calls
Yes: 87 • No: 7
New MexicoHB 1312025 Regular SessionHouseWALLET
CAREGIVER BACKGROUND CHECKS
Sponsored By: Elizabeth "Liz" Thomson (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 0 costs, 2 mixed.
Stricter caregiver job bans with appeals
Beginning July 1, 2025, New Mexico expands job bans for caregiver and hospital caregiver applicants. Added felony convictions include human trafficking, assault of a peace officer, identity theft, and cruelty to animals. The Health Care Authority can also bar applicants or current caregivers who pose an unreasonable risk to care recipients. This requires either two or more abuse, neglect, or exploitation convictions within the past 10 years, or one qualifying conviction or pending charge. The single-offense rule covers abuse, neglect, or exploitation of a care recipient; human trafficking; criminal sexual penetration or related sexual offenses; battery of a household member; or child abuse. These risk-based grounds apply regardless of offense degree. Using reasonably reliable information and all circumstances, the authority must show that unreasonable risk is more likely than not. Providers generally cannot hire or keep disqualified workers. Workers can seek administrative reconsideration, where the authority bears the burden of proof, followed by court review. The authority can allow continued work during reconsideration, and providers can employ workers whose disqualification is reversed.
New oversight for caregiver background checks
Beginning July 1, 2025, New Mexico's Health Care Authority takes over caregiver background checks from the Department of Health. Related functions, records, and equipment transfer with that responsibility. Caregivers and hospital caregivers must submit fingerprints for a nationwide check before starting work; providers submit fingerprints through the authority. The Department of Public Safety processes nationwide checks. Applicants applying with a provider within 12 months of their latest nationwide check must apply for a statewide check. The authority can set fees, screening deadlines, fingerprint procedures, rules for work while results are pending, and steps to clarify incomplete records. It keeps a registry of disqualified applicants and tells providers whether a person is disqualified, without sharing other screening details. Criminal-history records are confidential, with disclosure allowed by court order or the person's written consent; unlawful disclosure is a misdemeanor. Arrest information cannot be released except at the applicant's request under the Arrest Record Information Act. Providers must keep compliance records for applicants and caregivers employed on or after May 20, 1998. The agency overseeing each provider enforces compliance, and the authority can set provider sanctions. Providers and their staff are protected from civil liability for good-faith employment decisions under the law.
Sponsors & Cosponsors
Sponsor
Elizabeth "Liz" Thomson
Democratic • House
Cosponsors
Antoinette Sedillo Lopez
Democratic • Senate
Dayan Hochman-Vigil
Democratic • House
Kathleen Cates
Democratic • House
Roll Call Votes
Senate vote • 3/22/2025
Final Senate Vote
Yes: 39 • No: 0
House vote • 3/13/2025
Final House Vote
Yes: 48 • No: 7
Actions Timeline
Signed by Governor - Chapter 30 - Apr. 7
4/7/2025SenatePassed in the Senate - Y:39 N:0
3/22/2025SenateSJC: Reported by committee with Do Pass recommendation
3/21/2025SenateSent to SJC - Referrals: SJC
3/13/2025SenatePassed in the House of Representatives - Y:48 N:7
3/13/2025HouseHJC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
3/11/2025HouseHHHC: Reported by committee without a recommendation
2/10/2025HouseSent to HHHC - Referrals: HHHC/HJC
1/27/2025SenateSent to HPREF - Referrals: HPREF
Senate
Bill Text
Final Version
4/8/2025
SJC Committee Report 3/21/25
3/21/2025
HJC Committee Report 3/11/25
3/11/2025
HJC Committee Substitute 3/11/25
3/11/2025
HHHC Committee Report 2/10/25
2/10/2025
Introduced
1/17/2025