5-018.04D3b(2) Specific Criminal History

Department staff must deny or terminate a provider agreement when conviction has occurred in the following areas:  

1. Child pornography;

2. Child or adult abuse;

3. Driving under the influence: a DUI conviction within the past eight years;

4. Domestic assault;

5. Shoplifting after age 19 and within the last three years;

6. Felony fraud within the last 10 years;

7. Misdemeanor fraud within the last five years;

8. Termination of provider status for cause from any Department program within the last 10 years;

9. Possession of any controlled substance within the last five years;

10. Possession of a controlled substance with intent to deliver within the last 10 years;

11. Felony or misdemeanor assault without a weapon in the last 10  years;

12. Felony or misdemeanor assault with a weapon in the last 15 years;

13. Prostitution or solicitation of prostitution within the last five years;

14. Felony or misdemeanor robbery or burglary within the last 10 years;

15. Rape or sexual assault; or

16. Homicide.  

Pending charges must be reviewed by Department staff to determine whether the client’s safety is in jeopardy.  Other convictions must be considered using the guidance in 473 NAC 5-018.04D3b(1) and weighted to similar offenses included in this list.  

{8/20/07}