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AN ACT

RELATING TO PROFESSIONAL AND OCCUPATIONAL LICENSES; CHANGING

DEFINITIONS; EXPANDING BOARD DUTIES; PROVIDING FOR

RECIPROCITY; ALLOWING FOR TEMPORARY LICENSURE; AMENDING AND

ENACTING SECTIONS OF THE SOCIAL WORK PRACTICE ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 61-31-1 NMSA 1978 (being Laws 1989,

Chapter 51, Section 1) is amended to read:

"61-31-1. SHORT TITLE.--Chapter 61, Article 31 NMSA

1978 may be cited as the "Social Work Practice Act"."

Section 2. Section 61-31-3 NMSA 1978 (being Laws 1989,

Chapter 51, Section 3) is amended to read:

"61-31-3. DEFINITIONS.--As used in the Social Work

Practice Act:

A. "advisory committee" means an evaluation

advisory committee;

B. "appropriate supervision" means supervision by

an independent social worker or a master social worker with

two years of supervised social work practice experience or

other supervision which is deemed by the board to be

equivalent to supervision by a master social worker;

C. "baccalaureate social worker" means a person

who uses the title of social worker and has a bachelor's

degree in social work from a program accredited by the council

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on social work education;

D. "board" means the board of social work

examiners;

E. "department" means the regulation and licensing

department;

F. "executive agency" means any agency within the

executive branch of government;

G. "independent social worker" means a person who

uses the title of social worker and has a master's degree in

social work from a graduate school of social work accredited

by the council on social work education and who has had two

years of postgraduate social work practice under appropriate

supervision;

H. "master social worker" means a person who uses

the title of social worker and has a master's degree in social

work from a graduate school of social work accredited by the

council on social work education; and

I. "professional code of ethics" means a code of

ethics and rules adopted by the board, designed to protect the

public and to regulate the professional conduct of social

workers."

Section 3. Section 61-31-7 NMSA 1978 (being Laws 1989,

Chapter 51, Section 7, as amended) is amended to read:

"61-31-7. BOARD CREATED.--

A. There is created the "board of social work

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examiners".

B. The board shall be administratively attached to

the department.

C. The board shall consist of seven members who

are representative of the geographic and ethnic groups within

New Mexico, who are United States citizens and who have been

New Mexico residents for at least five years prior to their

appointment. Of the seven members:

(1) four members shall have been engaged in

social work practice for at least five years; at least two of

the four shall hold a master's degree in social work; and at

least two shall hold a bachelor's degree in social work from

schools of social work that are accredited by the council on

social work education. At least one of these members shall be

engaged primarily in clinical social work practice; one member

shall be engaged primarily in education; one member shall be

engaged primarily in administration or research in social work

practice; and at least one member shall be engaged primarily

in community organization, planning and development. These

members shall not hold office in any professional organization

of social workers during their tenure on the board; and

(2) three members shall represent the

public. The public members shall not have been licensed or

have practiced as social workers. Public members shall not

have any significant financial interest, whether direct or

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indirect, in social work practice.

D. Members of the board shall be appointed by the

governor for staggered terms of three years. Each member

shall hold office until a successor is appointed. Vacancies

shall be filled for the unexpired term in the same manner as

original appointments.

E. Except for the representatives of the public on

the board, the governor shall appoint board members from a

list of nominees submitted by social work organizations and

individual social work professionals.

F. Members of the board shall be reimbursed as

provided in the Per Diem and Mileage Act and shall receive no

other compensation, perquisite or allowance.

G. The board shall elect a chair and other

officers as deemed necessary to administer its duties.

H. A simple majority of the board members

currently serving shall constitute a quorum of the board.

I. The board shall meet at least once a year and

at such other times as it deems necessary. Other meetings may

be called by the chair upon the written request of a quorum of

the board.

J. The governor may remove any member from the

board for the neglect of any duty required by law, for

incompetence, for improper or unprofessional conduct as

defined by board rule or for any reason that would justify the

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suspension or revocation of that member's license to practice

social work.

K. A board member shall not serve more than two

consecutive terms, and any member failing to attend, after

proper notice, three consecutive meetings shall automatically

be removed as a board member, unless excused for reasons set

forth in board regulations.

L. In the event of a vacancy for any reason, the

board secretary shall immediately notify the governor and the

board of the vacancy and the reason for its occurrence to

expedite the appointment of a new board member within a six-

month period."

Section 4. Section 61-31-8 NMSA 1978 (being Laws 1989,

Chapter 51, Section 8, as amended) is amended to read:

"61-31-8. BOARD'S AUTHORITY.--In addition to any

authority provided by law, the board shall have the authority

to:

A. adopt and file, in accordance with the State

Rules Act, rules necessary to carry out the provisions of the

Social Work Practice Act, in accordance with the provisions of

the Uniform Licensing Act, including the procedures for an

appeal of an examination failure;

B. select, prepare and administer, at least

annually, written examinations for licensure;

C. adopt a professional code of ethics;

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D. appoint advisory committees pursuant to Section

61-31-19 NMSA 1978;

E. conduct hearings on an appeal of a denial of a

license based on the applicant's failure to meet the minimum

qualifications for licensure. The hearing shall be conducted

pursuant to the Uniform Licensing Act;

F. require and establish criteria for continuing

education;

G. issue subpoenas, statements of charges,

statements of intent to deny licenses and orders and delegate

in writing to a designee the authority to issue subpoenas,

statements of charges and statements of intent to deny

licenses and establish procedures for receiving, investigating

and conducting hearings on complaints;

H. approve appropriate supervision for those

persons seeking licensure as independent social workers;

I. issue provisional licenses, temporary licenses

and licenses based on credentials to persons meeting the

requirements set forth in the Social Work Practice Act;

J. determine qualifications for licensure,

including the requirement to demonstrate an awareness and

knowledge of New Mexico cultures;

K. set fees for licenses as authorized by the

Social Work Practice Act and authorize all disbursements

necessary to carry out the provisions of the Social Work

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Practice Act; and

L. keep a record of all proceedings and shall make

an annual report to the governor."

Section 5. Section 61-31-9 NMSA 1978 (being Laws 1989,

Chapter 51, Section 9) is amended to read:

"61-31-9. REQUIREMENTS FOR LICENSURE.--

A. The board shall issue a license as a

baccalaureate social worker to any person who files a

completed application, accompanied by the required fees, and

who submits satisfactory evidence that the applicant:

(1) has reached the age of majority;

(2) has at least a bachelor's degree in

social work from a program accredited by the council on social

work education; and

(3) demonstrates professional competence by

satisfactorily passing a written examination as prescribed by

the board.

B. The board shall issue a license as a master

social worker to any person who files a completed application,

accompanied by the required fees, and who submits satisfactory

evidence that the applicant:

(1) has reached the age of majority;

(2) has obtained a master's degree in social

work from a graduate school of social work accredited by the

council on social work education; and

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(3) demonstrates professional competence by

satisfactorily passing a written examination as prescribed by

the board.

C. The board shall issue a license as an

independent social worker to any person who files a completed

application, accompanied by the required fees, and who submits

satisfactory evidence that the applicant:

(1) has reached the age of majority;

(2) has obtained a master's degree in social

work from a graduate school of social work accredited by the

council on social work education;

(3) has two years of postgraduate social

work practice under appropriate supervision; and

(4) demonstrates professional competence by

satisfactorily passing a written examination as prescribed by

the board.

D. Notwithstanding the provisions of this section,

the board may grant a license on a case-by-case basis to those

employees of an executive agency who are currently practicing

social work as defined in Section 61-31-6 NMSA 1978 and have

been so employed for at least ten years prior to the effective

date of the Social Work Practice Act."

Section 6. Section 61-31-13 NMSA 1978 (being Laws 1989,

Chapter 51, Section 13) is amended to read:

"61-31-13. LICENSURE BY CREDENTIALS--RECIPROCITY.--

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A. The board may license an applicant for the

licensure level sought, provided the applicant:

(1) possesses and has held for a minimum of

five years a valid social worker license issued by the

appropriate examining board under the laws of any other state

or territory of the United States, the District of Columbia or

any foreign nation;

(2) is in good standing with no disciplinary

action pending or brought against the applicant within the

past five years;

(3) possesses a bachelor's or master's

degree in social work from a program of social work approved

by the board;

(4) verifies that the applicant has taken

and passed the national examination as defined by rule; and

(5) demonstrates an awareness and knowledge

of New Mexico cultures as determined by the board.

B. The applicant will not have to further verify

the applicant's experience, schooling or degrees if the

criteria pursuant to Subsection A of this section are met."

Section 7. Section 61-31-14 NMSA 1978 (being Laws 1989,

Chapter 51, Section 14, as amended) is amended to read:

"61-31-14. LICENSE RENEWAL.--

A. Each licensee shall renew the licensee's

license biennially by submitting a renewal application on a

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form provided by the board. At the time of license renewal,

the board shall require a licensee to produce evidence of

continuing education, as prescribed by the board. The board

may establish a method to provide for staggered biennial terms

of licensure. The board may authorize license renewal for one

year to establish the renewal cycle.

B. A thirty-day grace period shall be allowed each

licensee after each annual licensing period, during which time

licenses may be renewed upon payment of the renewal fee and

providing evidence of continuing education as prescribed by

the board.

C. Any licensee who allows the licensee's license

to lapse for longer than three months shall have the license

automatically revoked and may be required to take a written

examination.

D. A late penalty fee shall be assessed after the

thirty-day grace period has expired for anyone attempting to

renew a license to practice social work."

Section 8. A new section of the Social Work Practice

Act is enacted to read:

"TEMPORARY LICENSURE.--An applicant for licensure

pursuant to the Social Work Practice Act may be issued a

temporary license for a period not to exceed six months or for

a period of time necessary for the board to ensure that the

applicant has met the licensure requirements set out in that

act." HB 253

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