Section 27-8-8 – Regulations.
The secretary shall adopt such rules and regulations as may be necessary to carry out the provisions of the Community Action Act. History: Laws 1983, ch. 139, § 8.
Section 27-8-9 – Financial assistance; limitations.
The secretary, consistent with federal law, shall make grants of not less than ninety percent of the annual allocation of funds available under the community services block grant to community action agencies defined in Subsection A of Section 5 [27-8-5 NMSA 1978] of the Community Action Act. The human services department is authorized to implement, […]
Section 27-7A-4 – Investigation and substantiation of abuse, neglect or exploitation by the department.
A. In addition to other actions required by law, the department shall review all reports of abuse, neglect or exploitation against employees of providers that are licensed by or under contract with the department and shall investigate such reports as necessary to determine whether there is a reasonable basis to believe that an employee committed […]
Section 27-7A-5 – Adult protective services division report of abuse, neglect or exploitation.
A. The adult protective services division of the aging and long-term services department shall investigate allegations of abuse, neglect and exploitation consistent with its statutory responsibilities. B. If the adult protective services division determines that abuse, neglect or exploitation has occurred, it shall notify the employee and the provider of that determination, and such determination […]
Section 27-7A-6 – Placement on registry and hearing process.
A. If the department or the adult protective services division of the aging and long-term services department determines that abuse, neglect or exploitation by an employee has occurred, the department making that determination shall notify the employee and the provider, in person or by certified mail, of the following: (1) the nature of the determination […]
Section 27-7A-7 – Adoption of rules.
By January 1, 2006, the department of health and the aging and long-term services department shall jointly establish and adopt rules necessary to carry out the provisions of the Employee Abuse Registry Act, including procedures for determining abuse, neglect and exploitation that consider the severity of the alleged abuse, neglect and exploitation and procedures for […]
Section 27-7-29 – Confidentiality of records; penalty.
A. All records of the department, the department’s designee, including a multidisciplinary team, the court and state and local agencies that are created or maintained pursuant to investigations under the Adult Protective Services Act or for whom application has ever been made for protection shall be confidential and shall not be disclosed directly or indirectly […]
Section 27-7-30 – Duty to report; penalty.
A. Any person, including financial institutions, having reasonable cause to believe that an incapacitated adult is being abused, neglected or exploited shall immediately report that information to the department. B. The report required in Subsection A of this section may be made orally or in writing. The report shall include the name, age and address […]
Section 27-7-31 – Immunity.
Any person making a report pursuant to Section 27-7-30 NMSA 1978, testifying in any judicial proceeding arising from the report or participating in a required evaluation pursuant to the Adult Protective Services Act or any law enforcement officer carrying out his responsibilities under that act or any person providing records or information as required under […]
Section 27-7A-1 – Short title.
This act [27-7A-1 to 27-7A-8 NMSA 1978] may be cited as the “Employee Abuse Registry Act”. History: Laws 2005, ch. 256, § 1. ANNOTATIONS Effective dates. — Laws 2005, ch. 256 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of […]