SENATE BILL 256
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Gerald Ortiz y Pino
AN ACT
RELATING TO LICENSING; AMENDING, REPEALING AND ENACTING SECTIONS OF THE SOCIAL WORK PRACTICE ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-31-2 NMSA 1978 (being Laws 1989, Chapter 51, Section 2) is amended to read:
"61-31-2. PURPOSE.--The profession of social work profoundly affects the lives of the people of this state; therefore, to safeguard the public health, safety and welfare of the people of New Mexico against the unregulated practice of social work, the legislature finds it necessary [that] to:
A. establish a proper regulatory authority [be established] for persons who seek to engage in the practice of social work;
B. protect the public from the practice of social work by unqualified persons; and
C. protect the public from unprofessional conduct by persons licensed to practice social work."
SECTION 2. Section 61-31-3 NMSA 1978 (being Laws 1989, Chapter 51, Section 3, as amended) 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] a licensed clinical social worker or licensed independent social worker [or a master social worker] with two years of supervised social work practice experience, or other supervision [which] that is deemed by the board to be equivalent to supervision by a [master] licensed clinical social worker or licensed independent 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 on social work education;
D.] C. "board" means the board of social work examiners;
D. "client" means an individual, couple, family, group, organization or community that seeks or receives social work services from an individual social worker or an organization;
E. "consultation" means a problem-solving process in which expertise is offered to an individual, group, organization or community;
F. "continuing education" means education and training that are oriented to maintain, improve or enhance social work practice;
[E.] G. "department" means the regulation and licensing department;
[F.] H. "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; and
J. "supervision" means an interactional professional relationship between a supervisor and a social worker that:
(1) provides evaluation and direction over the supervisee's practice as a licensed clinical social worker or a licensed independent social worker; and
(2) promotes continued development of the social worker's knowledge, skill and ability to practice as a licensed clinical social worker or a licensed independent social worker."
SECTION 3. Section 61-31-5 NMSA 1978 (being Laws 1989, Chapter 51, Section 5) is amended to read:
"61-31-5. [EXEMPTIONS] USE OF TITLE--OTHER PROFESSIONS.--
A. Except as otherwise provided in the Social Work Practice Act, it is unlawful for an individual not licensed as a social worker to:
(1) engage in the practice of social work;
(2) hold the individual out as a social worker; or
(3) use any abbreviation or title that implies or would lead the public to believe that the individual is a social worker or is licensed to practice social work.
B. Nothing in the Social Work Practice Act shall be construed to prevent qualified members of other recognized professions that are licensed, certified or regulated under New Mexico law or regulation from rendering services within the scope of their license, certification or regulation; provided that they do not represent themselves as licensed social workers."
SECTION 4. 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 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 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 or from individuals who submit their resumes to the governor.
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. The board may permit electronic participation in board meetings in accordance with the Open Meetings Act and board rules.
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, the social work code of ethics or professional standards of practice or for any reason that would justify the 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] rules.
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 5. 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;
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;]
H. issue a cease and desist order to an individual who is not a social worker licensed in New Mexico and who holds the individual out as a social worker or who practices social work without a license;
I. approve appropriate supervision for a person seeking licensure as a licensed independent social worker or a licensed clinical social worker. Approving appropriate supervision includes the development of criteria relating to the following areas with respect to a prospective supervisor's qualification to supervise:
(1) education;
(2) experience; and
(3) level of training;
[I.] J. issue provisional licenses [temporary licenses] and licenses based on credentials to persons meeting the requirements set forth in the Social Work Practice Act;
[J.] K. determine qualifications for licensure, including the requirement to demonstrate an awareness and knowledge of New Mexico cultures;
[K.] L. 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 Practice Act; [and
L.] M. provide notice in accordance with the Open Meetings Act, keep a record of all proceedings and [shall] make an annual report to the governor; and
N. determine the appropriate application of technology to social work practice, including but not limited to video teleconferencing for supervision and client contact."
SECTION 6. Section 61-31-10 NMSA 1978 (being Laws 1989, Chapter 51, Section 10) is amended to read:
"61-31-10. [WRITTEN] EXAMINATION.--The date and location of the [written] social work licensure examination shall be established by the board. Applicants who have been found to meet the education and experience requirements for licensure shall be scheduled for the next examination following the filing of the application. The board shall establish by rule the examination application deadline and other rules relating to the retaking of the licensure examination."
SECTION 7. Section 61-31-11 NMSA 1978 (being Laws 1989, Chapter 51, Section 11, as amended) is amended to read:
"61-31-11. PROVISIONAL LICENSURE.--Prior to examination, an applicant for licensure who holds a bachelor's degree or master's degree in social work may obtain a provisional license to engage in social work practice as long as the applicant meets all the requirements, except examination, as prescribed in Section 61-31-10 NMSA 1978 for the level of license sought. The provisional license is valid for a period not to exceed one year."
SECTION 8. Section 61-31-23 NMSA 1978 (being Laws 1989, Chapter 51, Section 23) is amended to read:
"61-31-23. INJUNCTIVE PROCEEDINGS.--The board may:
A. apply for an injunction in the district court of the first judicial district to enjoin any person from committing any act prohibited by the Social Work Practice Act; and
B. issue a cease and desist order to enjoin an individual who is not a licensed social worker from holding out as a social worker or practicing social work."
SECTION 9. Section 61-31-25 NMSA 1978 (being Laws 1989, Chapter 51, Section 27, as amended) is amended to read:
"61-31-25. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The board of social work examiners is terminated on July 1, [2015] 2025 pursuant to the Sunset Act. The board shall continue to operate according to the provisions of the Social Work Practice Act until July 1, [2016] 2026. Effective July 1, [2016] 2026, the Social Work Practice Act is repealed."
SECTION 10. A new section of the Social Work Practice Act is enacted to read:
"[NEW MATERIAL] LICENSED INDEPENDENT SOCIAL WORKER--LICENSURE--QUALIFICATIONS.--After receipt of an application and any requisite fees and documentation in accordance with board rules, the board shall issue in a timely manner a license to practice as a licensed independent social worker to any individual who:
A. is at least eighteen years of age;
B. possesses at least a master's degree in social work from a graduate program of social work accredited by the council on social work education;
C. submits to the board proof of having completed the number of hours required pursuant to board rules of post-graduate social work experience as an employee under appropriate supervision as defined in Subsection B of Section 61-31-3 NMSA 1978;
D. provides to the board documentation of having completed training in New Mexico cultures as specified by board rules;
E. provides to the board documentation of having completed a jurisprudence examination specified in board rules; and
F. has successfully passed the association of social work boards' advanced generalist examination or other examination approved by the board."
SECTION 11. A new section of the Social Work Practice Act is enacted to read:
"[NEW MATERIAL] LICENSED CLINICAL SOCIAL WORKER-- LICENSURE--QUALIFICATIONS.--After receipt of an application and any requisite fees and documentation in accordance with board rules, the board shall issue in a timely manner a license to practice as a licensed clinical social worker to any individual who:
A. is at least eighteen years of age;
B. possesses at least a master's degree in social work from a graduate program of social work accredited by the council on social work education;
C. submits to the board proof of having completed the number of hours required pursuant to board rules of post-graduate social work experience as an employee under appropriate supervision as defined in Subsection B of Section 61-31-3 NMSA 1978;
D. provides to the board documentation of having completed training in New Mexico cultures as specified by board rules;
E. provides to the board documentation of having completed a jurisprudence examination specified in board rules; and
F. has successfully passed the association of social work boards' clinical examination or other examination approved by the board."
SECTION 12. A new section of the Social Work Practice Act is enacted to read:
"[NEW MATERIAL] LICENSED MASTER OF SOCIAL WORK
LICENSURE--QUALIFICATIONS.--After receipt of an application and any requisite fees and documentation in accordance with board rules, the board shall issue in a timely manner a license to practice as a licensed master of social work to any individual who:
A. is at least eighteen years of age;
B. possesses at least a master's degree in social work from a graduate program of social work accredited by the council on social work education;
C. provides to the board documentation of having completed training in New Mexico cultures as specified by board rules;
D. provides to the board documentation of having completed a jurisprudence examination specified in board rules; and
E. has successfully completed the association of social work boards' master's examination or other examination approved by the board."
SECTION 13. A new section of the Social Work Practice Act is enacted to read:
"[NEW MATERIAL] LICENSED BACHELOR OF SOCIAL WORK.--After receipt of an application and any requisite fees and documentation in accordance with board rules, the board shall issue in a timely manner a license to practice as a licensed bachelor of social work to any individual who:
A. is at least eighteen years of age;
B. possesses at least a baccalaureate degree in social work from an undergraduate program of social work accredited by the council on social work education;
C. provides to the board documentation of having completed training in New Mexico cultures as specified by board rules;
D. provides to the board documentation of having completed a jurisprudence examination specified in board rules; and
E. has successfully completed the association of social work boards' bachelors of social work examination or other examination approved by the board."
SECTION 14. A new section of the Social Work Practice Act is enacted to read:
"[NEW MATERIAL] PRACTICE PARAMETERS--BOARD RULES.--A licensed independent social worker, a licensed clinical social worker, a licensed master of social work or a licensed bachelor of social work shall practice only within the respective practice parameters that the board has established by rule."
SECTION 15. A new section of the Social Work Practice Act is enacted to read:
"[NEW MATERIAL] APPROPRIATE SUPERVISION--GUIDELINES.--An individual providing appropriate supervision as defined in Subsection B of Section 61-31-3 NMSA 1978 shall conform to supervision guidelines that the board establishes by rule."
SECTION 16. REPEAL.--Sections 61-31-9, 61-31-12 and 61-31-13.1 NMSA 1978 (being Laws 1989, Chapter 51, Sections 9 and 12 and Laws 2006, Chapter 4, Section 8, as amended) are repealed.
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