2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 31 - Social Work Practice
Section 61-31-8 - Board's authority. (Repealed effective July 1, 2032.)
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 [Chapter 14, Article 4 NMSA 1978], rules necessary to carry out the provisions of the Social Work Practice Act, in accordance with the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], including the procedures for an appeal of an examination failure;
B. select, prepare and administer, at least annually, examinations for licensure;
C. adopt a 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;
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. request that an individual who is violating the Social Work Practice Act:
(1) voluntarily stop violating the Social Work Practice Act; and
(2) meet with the board. If the board's requests to an individual pursuant to this subsection are unsuccessful or in a situation that the board deems to be an emergency, the board may apply for an injunction in district court to enjoin any person from committing any act prohibited by the Social Work Practice Act;
I. develop criteria to approve appropriate supervision for a person seeking licensure as a licensed independent social worker or a licensed clinical social worker based upon the prospective supervisor's:
(1) education;
(2) experience; and
(3) level of training;
J. issue provisional licenses, temporary licenses and licenses based on credentials to persons meeting the requirements set forth in the Social Work Practice Act;
K. determine qualifications for licensure, including the requirement to demonstrate an awareness and knowledge of New Mexico cultures;
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;
M. keep a record and provide notice of all proceedings in accordance with the Open Meetings Act [Chapter 10, Article 15 NMSA 1978] and shall make an annual report to the governor; and
N. determine the appropriate application of technology to social work practice, including video teleconferencing, for appropriate supervision and client contact.
History: Laws 1989, ch. 51, § 8; 2003, ch. 408, § 34; 2006, ch. 4, § 4; 2019, ch. 143, § 5.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-31-25 NMSA 1978.
The 2019 amendment, effective June 14, 2019, removed certain authority from the board of social work examiners related to the supervision of persons seeking licensure as independent social workers, authorized the board to take certain steps in addressing violations of the Social Work Practice Act, authorized the board to develop criteria to approve appropriate supervision for those persons seeking licensure as a licensed independent social worker or a licensed clinical social worker, and authorized the board to determine the appropriate application of technology to social work practice; in Subsection B, deleted "written" preceding "examinations"; deleted former Subsection H, added new Subsections H and I and redesignated former Subsections I through L as Subsections J through M, respectively; and added Subsection N.
The 2006 amendment, effective May 17, 2006, deletes the requirement in Subsection B that written examinations include testing of the knowledge of New Mexico cultures; provides in Subsection I that the board may issue temporary licenses; and provides in Subsection J that the board may require a demonstration of awareness and knowledge of New Mexico cultures.
The 2003 amendment, effective July 1, 2003, substituted "61-31-19 MSA 1978" for "19 of the Social Work Practice Act" at the end of Subsection D; and deleted former Subsections L and M, concerning staff, office space and administrative support, and redesignated former Subsection N as present Subsection L.
