New Mexico Credentialing Board for Behavioral Health Professionals
TO ADOPT A CONFLICT OF INTEREST POLICY
WHEREAS, the New Mexico Credentialing Board for Behavioral Health Professionals (NMCBBHP) desires to adopt a conflict of interest policy, be it:
RESOLVED, that the NMCBBHP adopt the conflict of interest policy below.
The undersigned hereby certifies that we are the duly elected and qualified Board of Directors of NMCBBHP that the foregoing is a true record of a resolution duly adopted at a meeting of the Board of Directors on January 5, 2018, and that said resolution is now in full force and effect without modification or rescission.
The purpose of the conflicts of interest policy is to protect the NMCBBHP’s interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of NMCBBHP or create an ethical conflict of duty of an officer or director. This policy is intended to supplement but not replace any applicable state laws governing conflicts of interest applicable to nonprofit and charitable corporations.
1. INTERESTED PERSON
Any director, principal officer, or member of a committee with board delegated powers, who has a direct or indirect interest, as
defined below, is an interested person.
2. FINANCIAL INTEREST
A person has a financial interest if the person has, directly or indirectly, through business, investment or family:
An ownership or investment interest in any entity with which NMCBBHP has a transaction or arrangement, or
A compensation arrangement with NMCBBHP or with any entity or individual with which NMCBBHP or with any transaction
or arrangement, or
A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which NMCBBHP is negotiating a transaction or arrangement.
Compensation includes direct and indirect remuneration as well as gifts or favors that are substantial in nature.
A financial interest is not necessarily a conflict of interest. Under article III, section 2, a person who has a financial interest may have a conflict of interest only if the appropriate board or committee decides that a conflict of interest exists.
3. ETHICAL CONFLICT OF DUTY
A person has a conflict of interest of duty when his/her duties as a Board member or officer conflict with professional ethical codes, terms of employment, or other professional or personal duties.
1. DUTY TO DISCLOSE
In connection with any actual or possible conflicts of interest, an interested person must disclose the existence of his or her potential ethical
conflict or financial interest and all material facts to the directors and members of committees with board delegated powers considering the
proposed transaction or arrangement.
2. DETERMINING WHETHER A CONFLICT OF INTEREST EXISTS
After disclosure of the relevant ethical or financial interest and all material facts, and after any discussion with the interested person, he or she
shall leave the board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or
committee members decide if a conflict of interest exists.
3. PROCEDURES FOR ADDRESSING THE CONFLICT OF INTEREST
An interested person may make a presentation at the board or committee meeting, but after such presentation, he/she shall leave the meeting
during the discussion of, and the vote on, the transaction or arrangement that results in the conflict of interest.
The chairperson of the board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the
proposed transaction or arrangement.
After exercising due diligence, the board or committee shall determine whether the NMCBBHP can obtain a more advantageous transaction or
arrangement with reasonable efforts from a person or entity that would not give rise to a conflict of interest.
If a more advantageous transaction or arrangement is not reasonably attainable under circumstances that would not give rise to a conflict of
interest, the board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in
NMCBBHP’s best interest and for its own benefit and whether the transaction is fair and reasonable to NMCBBHP and shall make its decision as
to whether to enter into the transaction or arrangement in conformity with such determination.
4. VIOLATIONS OF THE CONFLICTS OF INTEREST POLICY
If the board or committee has reasonable cause to believe that a member has failed to disclose actual or possible conflicts of interest, it shall
inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.
If, after hearing the response of the member and making further investigation as may be warranted in the circumstances, the board or
committee determines that the member has in fact failed to disclose an actual or possible conflict of interest, it shall take appropriate
disciplinary and corrective action.
RECORDS OF PROCEEDINGS
The minutes of the board and all committees with board-delegated powers shall contain:
1. the names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict
of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the board’s or
committee’s decision as to whether a conflict of interest in fact existed.
2. the names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the
discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection therewith.
A voting member of the board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from NMCBBHP for services is precluded from voting on matters pertaining to that member’s compensation.
Each director, principal officer and member of a committee with board delegated powers shall upon election to the board sign a statement which affirms that such person:
Has received a copy of the conflicts of interest policy
Has read and understands the policy
Has agreed to comply with the policy, and
Understands that the Corporation is a charitable organization and that in order to maintain its federal tax exemption it must engage primarily
in activities which accomplish one or more of its tax-exempt purposes.
To ensure that the Corporation operates in a manner consistent with its charitable purposes and that it does not engage in activities that could jeopardize its status as an organization exempt from federal income tax, periodic reviews shall be conducted. The periodic reviews shall, at a minimum include the following subjects:
Whether compensation arrangements and benefits are reasonable and are the result of arm’s-length bargaining.
Whether partnership and joint venture arrangements conform to written policies, are properly recorded, reflect reasonable payments for goods
and services, further NMCBBHP’s charitable purposes and do not result in inurement of impermissible private benefit.
OUTSIDE USE OF EXPERTS
In conducting the periodic reviews provided for in Article VII, the Corporation may, but need not, use outside advisors. If outside experts are used their use shall not relieve the board of its responsibility for ensuring that periodic reviews are conducted.
CODE OF CONDUCT
Credentialed individuals shall meet and comply with all terms, conditions, or limitations set forth in the allowed scope of practice of any credential or license held.
Credentialed individuals shall not engage in conduct that does not adhere to ethical standards of practice for their credential. Credentialed individuals shall not misrepresent the scope of practice for their credential. Credentialed individuals shall not claim, either directly or by implication, knowledge, qualifications or affiliations skills, credentials, or licensure that they do not possess. Credentialed individuals shall not knowingly make any false statement to any licensing/credentialing board or disciplinary authority. Credentialed individuals shall not practice under a false name or a name other than the name under which his or her credential is held.
Credentialed individuals shall not perform services outside his or her area of training, expertise, competence, or scope of practice while performing services representing their credential. Credentialed individuals shall comply with all board requirements including state and federal laws, codes rules and regulations.
CONFIDENTIALITY OF PROCEEDINGS
Except as is otherwise provided herein, all information received and all reports filed, transcripts, or any other documents of any kind generated or received during the course of a disciplinary proceeding, shall be kept confidential by all parties to the proceeding except as may be required by law.
POSSIBLE SANCTIONS FOR VIOLATION OF THE CODE OF ETHICAL CONDUCT
A. NMCBBHP’s recommended sanctions for violation of the Code of Ethical Conduct include but are not limited to: denial of an application for certification; written caution; public
reprimand; suspension of a credential; lifetime revocation of a credential.
NMCBBHP may recommend additional education, supervision or training in conjunction with any of the above suggested disciplinary actions.
B. Past disciplinary actions taken by the NMCBBHP or other licensing authority against a certified professional may be considered in recommending sanctions. Two or more written
cautions or reprimands issued against a certified professional in a two-year period shall result in NMCBBHP issuing a suspension or a revocation of the credential.
C. Except as may be provided for in a consent order, in all cases where a public reprimand, suspension, or revocation is issued by the NMCBBHP, it shall be cited on the NMCBBHP
and/or the credential’s sponsoring State Agency web sites the name of the respondent, the sanction imposed, and the Rule(s) violated. NMCBBHP may refer the same information to
other regulatory bodies. Further, notwithstanding anything to the contrary stated or implied herein, NMCBBHP may disclose information relative to disciplinary actions to other pertinent
D. Sealed records will only be opened with a court order.
A. Persons wishing to file a complaint against a certified professional or against a person under NMCBBHP jurisdiction seeking certification may do so by detailing their complaint, in
writing, to NMCBBHP and/or Sponsoring State Agency.
B. All complaints must contain the complainant's full name, address, and a phone number where the complainant can be contacted. The complainant must sign and date the complaint
C. Verbal or anonymous complaints shall not be considered, except for anonymous complaints made on the basis of publicly available information, such as but not limited to, newspaper
articles, court records, or information on web sites that is made available to or secured by NMCBBHP or the credential’s sponsoring State Agency.
D. In order for ethical complaints to be considered by NMCBBHP, the complaint must be first investigated by the employer, if applicable and/or the credential’s sponsoring state agency
and must pertain to the credential’s ethical guidelines.
E. Additional requirements may apply specific to each individual credential
Complaints should be made through an employer or through NMCBBHP, If applicable. Credentialed professionals and those filing complaints will follow the policy and procedures for ethical violations provided by the credential’s sponsoring state agency or NMCBBHP credentialing board.
Appeals shall be sent to NMCBBHP. NMCBBHP will convene an Ethics Subcommittee hearing with the credentialed individual. Once the credentialed individual has provided an explanation a final decision will be made by NMCBBHP.
**NMCBBHP reviews ethical violations not criminal or civil complaints. Any criminal or civil complaints must go through appropriate legal channels.
Online List of Current Credentialed Members
A directory of current credentialed individuals will be posted on the NMCBBHP website (start date November 2020)
NMCBBHP will file the following documents with the appropriate Government Agency yearly:
NMCBBHP BACKGROUND POLICY
The NMCBBHP may refuse to issue a credential to any applicant, may issue a reprimand, or suspend or revoke the credential of any certified individual who is found to have been in violation of their respective professional code of ethics, does not meet all requirements for their professional certification (including any background requirements), or whom falsifies any information on their application.
In instituting this policy, the NMCBBHP is not responsible for conducting background checks. Individuals are responsible for informing current and/or prospective employers of any criminal background relevant to their professional employment.
CERTIFICATE RETIREMENT POLICY
Retirement Status (Limited to Five Years): To place certificate into retirement status, credentialed individual must sign and date in the box provided on the applicable credential renewal form. Request for retirement must be received on or before current certificate expires. There is a $200 fee to be included with the request. Retirement status is not to be used for the purpose of not completing renewal requirements. After five years of retirement status the credentialed professional must reinstate a certificate. A failure to reinstate certificate will cause the certificate to expire.
A retired certificate may be restored within five years of being placed on retirement status by notifying the board in writing, providing the board with proof of having completed continuing education during the retirement period, and paying the current re-certification fee. If a certificate has been on retirement status for one year or less, the credential professional must submit 20 CEU hours. If the certificate has been on retirement status for two years or more (up to five years) the certified professional must complete 40 CEU hours, specific to the credential. Some credentials may have additional requirements.
CE Standards and Guidelines - updated on 7/10/2020 for current and new providers. CE hours must be in aligned with NMCBBHP credentials for new and renewing certified professionals
The NMCBBHP publishes general provisions which are published here.
New Mexico Credentialing Board for Behavioral Health Professionals, Inc.