2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 31 - Social Work Practice
Section 61-31-7 - Board created. (Repealed effective July 1, 2032.)
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 have been New Mexico residents prior to their appointment and maintain New Mexico residency during 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 may join professional organizations and associations organized exclusively to promote the improvement of the practice of social work for the protection of the health and welfare of the public or whose activities assist and facilitate the work of 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 a pool of resumes submitted to the governor by individuals applying for membership.
F. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] 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 [Chapter 10, Article 15 NMSA 1978] and board rules.
J. The governor may remove any member from the board for:
(1) the neglect of any duty required by law;
(2) incompetence;
(3) improper or unprofessional conduct as defined by board rule;
(4) violation of the current professional code of ethics or professional standards promulgated by a national organization of social work professionals that provides guidance, research, advocacy and other services to social workers; or
(5) 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 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.
History: Laws 1989, ch. 51, § 7; 1996, ch. 51, § 15; 2006, ch. 4, § 3; 2019, ch. 143, § 4; 2021, ch. 93, § 16.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-31-25 NMSA 1978.
The 2021 amendment, effective June 18, 2021, required the board of social work examiners to maintain New Mexico residency during their appointment to the board; and in Subsection C, after "appointment', added "and maintain New Mexico residency during their appointment".
The 2019 amendment, effective June 14, 2019, removed certain criteria for being a member of the board of social work examiners, removed a provision prohibiting sitting board members from holding office in a professional organization of social workers, authorized board members to join professional organizations, provided that the governor may appoint certain board members from a pool of resumes submitted by individuals applying for membership, provided that the board may permit electronic participation in board meetings, and provided that the governor may remove any member from the board for a violation of the current professional code of ethics or professional standards; in Subsection C, in the introductory clause, after "within New Mexico" deleted "who are United States citizens", and after "New Mexico residents", deleted "for at least five years", in Paragraph C(1), after "These members", deleted "shall not hold office in any professional organization of social workers during their tenure on the board" and added the remainder of the paragraph; in Subsection E, after "social work professionals", added "or from a pool of resumes submitted to the governor by individuals applying for membership"; in Subsection I, added "The board may permit electronic participation in board meetings in accordance with the Open Meetings Act and board rules"; and in Subsection J, added new paragraph designations "(1)" through "(3)" and "(5)", and added Paragraph J(4).
The 2006 amendment, effective May 17, 2006, deleted the provision in Subsection D for appointment of initial members to the board and changed the word "executive" to "consecutive" in Subsection K.
The 1996 amendment, effective March 5, 1996, in Subsection C substituted "seven" for "ten" twice and inserted "geographic and", rewrote Paragraph C(1), deleted former Paragraph C(2) providing that one member shall hold a degree and be experienced in social work, and redesignated the following paragraphs accordingly, and substituted "three" for "five" at the beginning of Paragraph C(2); and rewrote Subsection L.
