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F I S C A L I M P A C T R E P O R T
SPONSOR Lujan, A.
ORIGINAL DATE
LAST UPDATED
1/25/06
2/08/06 HB 253/aHLC
SHORT TITLE Professional License Reciprocity
SB
ANALYST McSherry
REVENUE (dollars in thousands)
Estimated Revenue
Recurring
or Non-Rec
Fund
Affected
FY06
FY07
FY08
Indeterminate
Indeterminate Recurring Social Work
Practice Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Attorney General’s Office (AGO)
Department of Health (DOH)
SUMMARY
Synopsis of HLC Amendment
The amendments adopted by the House Labor and Human Resources Committee would provide
that the Council on Social Work Education, not the Board of Social Work Examiners, would re-
main the body responsible for approving bachelor’s degree programs and the graduate schools of
social work required for licensure.
Synopsis of Original Bill
HB 253 proposes to amend sections of the Social Work Practice Act providing:
(1) That the Board of Social Work Examiners ("Board"), rather than the council on social work
education, would approve of bachelor's degree programs in social work and the graduate schools
of social work required for licensure,
(2) The Board the ability to issue temporary licenses for a period not to exceed six months,
(3) For licensure by reciprocity for applicants holding a valid licenses in good standing from an-
other licensing jurisdiction for a minimum of five years, and
pg_0002
House Bill 253/aHLC – Page
2
(4) Changes to the license renewal cycle from annual to biennial.
(5) Grammar and stylistic changes for conformity with the legislative draft manual
FISCAL IMPLICATIONS
The change from annual to biannual licensing could result in a fluctuation of board revenues.
SIGNIFICANT ISSUES
The AGO asserts that:
1. The amendment to Section 61-31-13, as drafted, may be interpreted to allow a licensee from
another jurisdiction with only a bachelor's degree in social work to seek and obtain a graduate
level license in New Mexico.
2. Section 8 is unclear, and asks if the Board is allowed to renew or extend a temporary license
beyond six months if the Board needs more than six months to ensure that the applicant meets
licensure requirements.
Technical amendments are suggested below under “alternatives.”
The changes to the Social Work Practice Act are part of an Executive proposal. DOH reports that
HB 253 implements recommendations of the New Mexico Behavioral Health Workforce Group
in response to Executive Order 2004-062.
DOH asserts that:
1.
There are an insufficient number of behavioral health practitioners in New Mexico to
meet the mental health and substance abuse needs of our citizens and that the shortage is
especially acute in the rural and frontier areas of the state.
2.
Lengthy delays in licensing qualified practitioners and restrictive policies of accepting
credentials from practitioners working in other states have made relocation to New Mex-
ico a difficult and time-consuming process.
3.
This bill is part of a larger initiative to remove barriers to licensing and encourage more
behavioral health practitioners.
4.
The proposed changes would facilitate licensing of new social workers graduating from
New Mexico universities, and potentially increasing the number of licensed and experi-
enced social workers from other states considering relocation to New Mexico.
PERFORMANCE IMPLICATIONS
HB 253 is part of the Department of Health’s Strategic Plan Program Area 5, Objective 2: En-
hance New Mexico's behavioral health workforce. Two strategies for Objective 2 would is a part
of HB 253: "Simplify and streamline licensing" and "Recruit and retain behavioral health profes-
sionals."
ADMINISTRATIVE IMPLICATIONS
Biannual licensing could reduce the workload for administrators of the Social Work board.
pg_0003
House Bill 253/aHLC – Page
3
TECHNICAL ISSUES
Page 10, number (4) should be restated: “has taken and passed the national examination as de-
fined by rule; and” by striking the first words: “verifies that the applicant.”
OTHER SUBSTANTIVE ISSUES
DOH contends that the enactment of HB 253 would address the licensing reforms recommended
by the Behavioral Health Workforce Group in their report to the Governor of Sept. 1, 2005.
ALTERNATIVES
AGO suggests the following technical changes:
1. Section 61-31-13 amended as follows:
Page 10, line 8: After the word "board" ADD: "and two years postgraduate social work practice
under appropriate supervision required for the licensure level sought."
2. Correction to Section 61-31-13(B):
Page 11, line 3: Delete "annual" and in its place insert "biennial"
3. Clarify HB 253, Section 8:
Page 11, line 19: After the word "months" insert "."
Replace the remainder of line 19 to read as follows: "A temporary license may be renewed once
for a period of time not to exceed six months if a longer period of time is needed for the board
to"
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
The Social Work Practice Act would remain in its current state. Licensing would continue to be
renewed annually, temporary licensures would not be created, approval of bachelor’s degree
programs would be the responsibility of the council on social work education rather than that of
the board, reciprocity would be restricted to individuals who in the judgment of the board are
licensed in an area “which has requirements, including knowledge of New Mexico cultures, sub-
stantially equivalent to or exceeding those in the Social Work Practice Act for the licensure level
sought.”
POSSIBLE QUESTIONS
1. What is the opinion of social work professional organizations regarding the proposed
changes to the practice act.
EM/mt:yr:nt