confidentiality; violation; penalty.

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A. For the purposes of this section:

(1)     “employee” means a person working for the department in one of the following areas:

(a) the adult protective services division;

(b) the long-term care ombudsman program; or

(c) the consumer and elder rights division;

(2)     “selected applicant” means a person who has completed the interview process, was selected as a candidate for employment and has conditionally accepted a position with the department pending a criminal history records check; and

(3)     “volunteer” means a person who:

(a) performs work or who has been identified by the department to perform work in: 1) the adult protective services division; 2) the long-term care ombudsman program; or 3) the consumer and elder rights division;

(b) is not an employee; and

(c) does not receive compensation for the person’s work.

B. State and national criminal history records checks shall be conducted on employees, selected applicants and volunteers.

C. As directed by the department, an employee, a selected applicant or a volunteer shall submit a set of electronic fingerprints to the department of public safety. The department of public safety shall conduct a state criminal history records check and forward the fingerprints to the federal bureau of investigation for a national criminal history records check to determine the existence and content of records of convictions and arrests in this state or other law enforcement jurisdictions and to generate a criminal history records check in accordance with rules of the department of public safety and regulations of the federal bureau of investigation.

D. The department of public safety shall review the information returned from the criminal history records checks and compile and disseminate the information to the department, which shall use the information to investigate and determine whether an employee, selected applicant or volunteer is qualified.

E. Criminal history records obtained pursuant to the provisions of this section shall: (1)     be confidential;

(2)     not be a public record for purposes of the Inspection of Public Records Act [N.M. Stat. Ann. Chapter 14, Article 3];

(3)     not be used for any purpose other than determining the eligibility of employees, selected applicants or volunteers; and

(4)     not be released or disclosed to any other person, except pursuant to a court order or with the written consent of the person who is the subject of the records.

F. A person who releases or discloses criminal history records in violation of this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 N.M. Stat. Ann..

G. The department shall promulgate rules for the investigation and determination of qualifications; provided that the department shall not exclude an otherwise selected applicant, employee or volunteer on the sole basis that the person has been previously arrested or convicted of a crime, unless that person has a disqualifying criminal conviction pursuant to the Criminal Offender Employment Act [N.M. Stat. Ann. Chapter 28, Article 2].