2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-17 - License denial, suspension or revocation. (Repealed effective July 1, 2032.)

A. In accordance with procedures contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the board may deny, revoke or suspend any license held or applied for under the Social Work Practice Act, upon grounds that the licensee or applicant:
(1) is guilty of fraud, deceit or misrepresentation in procuring or attempting to procure any license or certification provided for in the Social Work Practice Act;
(2) has been adjudicated as mentally incompetent by regularly constituted authorities;
(3) has been convicted of a felony;
(4) is guilty of unprofessional or unethical conduct;
(5) is habitually or excessively using controlled substances or alcohol;
(6) has repeatedly and persistently violated any of the provisions of the Social Work Practice Act or regulations of New Mexico or any other state or territory and has been convicted thereof;
(7) has been convicted of the commission of any illegal operation;
(8) is grossly negligent or incompetent in the practice of social work;
(9) has had a license to practice social work revoked, suspended or denied in any jurisdiction, territory or possession of the United States or another country for acts of the licensee similar to acts described in this subsection. A certified copy of the record of the jurisdiction, territory or possession of the United States or another country making such revocation, suspension or denial shall be conclusive evidence thereof; or
(10) uses conversion therapy on a minor.
B. Disciplinary proceedings may be instituted by sworn complaint of any person, including members of the board, and shall conform with the provisions of the Uniform Licensing Act. Any party to a hearing may obtain a copy of the hearing record upon payment of costs for the copy.
C. As used in this section:
(1) "conversion therapy" means any practice or treatment that seeks to change a person's sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same sex. "Conversion therapy" does not mean:
(a) counseling or mental health services that provide acceptance, support and understanding of a person without seeking to change gender identity or sexual orientation; or
(b) mental health services that facilitate a person's coping, social support, sexual orientation or gender identity exploration and development, including an intervention to prevent or address unlawful conduct or unsafe sexual practices, without seeking to change gender identity or sexual orientation;
(2) "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth;
(3) "minor" means a person under eighteen years of age; and
(4) "sexual orientation" means heterosexuality, homosexuality or bisexuality, whether actual or perceived.
History:
Laws 1989, ch. 51, § 17; 2017, ch. 132, § 7.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-31-25 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, prohibited the use of conversion therapy on a minor, provided that the board of social work examiners may deny, revoke or suspend a license held or applied for under the Social Work Practice Act if the licensee uses conversion therapy on a minor, and defined certain terms as used in this section; in Subsection A, added Paragraph A(10); in Subsection B, after "payment of costs for", deleted "such" and added "the"; and added Subsection C.