New Mexico Credentialing Board for Behavior Health Professionals, Inc.
RESOLUTION 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 February 3, 2017 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.
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:
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:
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.
The NMCBBHP publishes general provisions that apply to all certification applicants and/or certified professionals, which are published here.
New Mexico Credentialing Board for Behavioral Health Professionals
The NMCBBHP has adopted and approved the following policies. These policies apply to currently certified professionals.
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 falsifies any information on their application.
In instituting this policy, the NMCBBHP does not take responsibility for conducting background checks. Individuals are responsible for informing current and/or prospective employers of any criminal background relevant to their professional employment.
Approved February 2017
CERTIFICATE RETIREMENT POLICY (Applies to all credentials)
Retirement Status (Limited to Five Years): To place your certificate on retirement status, you must sign and date in the box provided on your renewal form. Request for retirement must be postmarked on or before your certificate expires. There is a $200 fee to be included with your request. Retirement status is not to be used for the purpose of not completing your renewal requirements. After five years of retirement status the credentialed professional must reinstate a certificate. Failure to reinstate certification 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.
Approved February 2017
CERTIFIED PREVENTION INTERN
Certified Prevention Intern (CPI) became a permanent entry level credential with re-certification status. Certification will be for two years and re-certification requirements will be equivalent to PS credential. Renewal requirements included 40 hours of continued education/training for two-year period, which included 6 hours of ethics, all related to your credential, as well as a letter of endorsement from your supervisor and re-certification fee.
Certified Prevention Intern APPLICANTS
Approved February 2017
RE-CERTIFICATION Continuing Education HOURS POLICY
Renewal requirements included 40 hours of continued education/training for two-year period, including any credential-specific requirements, all related to your credential, as well as a letter of endorsement from your supervisor or a professional peer who can attest to your work in the field, and re-certification fee. Continuing Education hours will be accepted as 50% of the total required hours for online courses and 25% of the total required hours for courses facilitated as a trainer for CPI, PS, SCPS, CADC, CPSW, CFS, CWF and CS levels of certification and re-certification.
Approved February 2017
Senior Certified Prevention Specialist CREDENTIAL
Certification for Senior Certified Prevention Specialist credential has been suspended as of March 1, 2011. NMCBBP is not accepting applications for this credential until further notice.
Approved January 2011
BOARD PARTICIPATION POLICY FOR CEU’S
The New Mexico Credentialing Board for Behavioral Health Professionals is offering for its Executive Board Members up to 10 CEU’s per calendar year (20 total in 2 years) CEU’s for re-certification and 25% re-certification fee waiver (shall have 20 earned CEU’s from Board work). To be considered, an Executive Board Member shall be an active participant in all Board functions. A verification form must be filled out and turned in with re-certification application to receive credit.
Executive Board Members Re-certification CEU’s Verification Form