44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
RELATING TO SOCIAL WORK; AMENDING THE SOCIAL WORK PRACTICE ACT; CHANGING DEFINITIONS; CHANGING LICENSE REQUIREMENTS; CHANGING BOARD AUTHORITY AND MEMBERSHIP.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. 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] provided
by an individual qualified by the board of social work
examiners;
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] approved by the board of
social work examiners;
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] approved by the board
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] approved by the board; 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 2. Section 61-31-4 NMSA 1978 (being Laws 1989, Chapter 51, Section 4, as amended) is amended to read:
"61-31-4. LICENSE REQUIRED.--[A.] Effective January 1,
1990, unless licensed to practice social work under the Social
Work Practice Act, no person shall:
[(1)] A. practice as [an independent] a social
worker as defined in the Social Work Practice Act; or
[(2)] B. use the title or represent himself as a
licensed social worker or use any other title, abbreviation,
letters, figures, signs or devices that indicate the person is
licensed as a social worker.
[B. Notwithstanding the provisions of Subsection A
of this section, any individual who is employed in an
executive agency on or after the effective date of the Social
Work Practice Act under the title of social worker or other
title which is deemed to be social work practice by the board
and who has a bachelor's degree or higher in a field other
than social work shall not be required to be licensed until
July 1, 1992; provided any employee of an executive agency who
qualifies for licensure under the provisions of the Social
Work Practice Act shall apply for licensure as provided in
that act.]"
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 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] approved by the board. 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 [except that, in
making the initial appointments, three members shall be
appointed for terms ending June 30, 1990; three members for
terms ending June 30, 1991; and four members for terms ending
June 30, 1992]. Each member shall hold office until his
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 chairman 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 chairman 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 regulation or for any reason that would justify the suspension or revocation of his license to practice social work.
K. No board member shall serve more than two consecutive terms, and any member failing to attend, after proper notice, three executive 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) 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 and regulations 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, which [shall]
may include a testing of the knowledge of New Mexico cultures;
C. adopt a professional code of ethics;
D. appoint advisory committees pursuant to Section
[19 of the Social Work Practice Act] 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 [an] independent social [worker]
workers;
I. issue provisional licenses and licenses based on credentials to persons meeting the requirements set forth in the Social Work Practice Act;
J. determine qualifications for licensure;
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 Practice Act;
L. approve the selection of primary staff assigned to the board;
M. contract with the department for the provisions of space and administrative support; and
N. 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] approved by the board; and
(3) demonstrates professional competence by
satisfactorily passing [a written] an 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 or doctoral
degree in social work from a graduate school of social work
[accredited by the council on social work education] approved
by the board; and
(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 or doctoral
degree in social work from a graduate school of social work
[accredited by the council on social work education] approved
by the board;
(3) has two years of postgraduate social work practice under appropriate supervision; and
(4) demonstrates professional competence by
satisfactorily passing [a written] an 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 6 of the Social Work
Practice Act and have been so employed for at least ten years
prior to the effective date of that 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.--The board may
license an applicant without written examination, provided
[that he] the applicant possesses 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 which, in the
judgment of the board, has requirements [including knowledge
of New Mexico cultures, subtantially equivalent] equal to or
exceeding those in the Social Work Practice Act for the
licensure level sought."
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. A social worker license shall expire annually on July 1.
[A.] B. Each licensee shall renew his license
annually prior to July 1 by submitting a renewal application
on a 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.
[B.] C. 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 required
under the Social Work Practice Act.
[C. Any licensee who allows his license to lapse
for longer than three months shall have the license
automatically revoked and shall be required to take a written
examination.]
D. Any licensee who allows his license to lapse for longer than three months shall be required to meet all licensure requirements, including taking or retaking and successfully passing all examinations and pay all financial penalties.
[D.] E. 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.
F. A licensee who fails to renew by the July 1 deadline shall not practice social work until the license is renewed.
G. The board shall retain jurisdiction for the prosecution of disciplinary actions pursuant to the provisions of Section 61-1-3.1 NMSA 1978 regardless of the status of the license under this section."
Section 8. REPEAL.--Section 61-31-12 NMSA 1978 (being Laws 1989, Chapter 55, Section 12, as amended) is repealed.