reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 12 - CONTINUING EDUCATION › Section 16.63.12.15 - FAILURE TO MEET CONTINUING EDUCATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Failure to meet continuing education requirements will cause
				  the board to refuse to renew the social work license in accordance with the
				  Uniform Licensing Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 13 - DISCIPLINARY ACTION › Section 16.63.13.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Social Work
				  Examiners P.O. Box 25101, Santa Fe, NM 87504.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 13 - DISCIPLINARY ACTION › Section 16.63.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These parts are promulgated pursuant to the Social Work
				  Practice Act, Subsection A of Section
				  61-31-8,
				  14-2-1,
				  61-31-19
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 13 - DISCIPLINARY ACTION › Section 16.63.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Disqualifying criminal conviction"
has the same
				  meaning as defined in Subsection E of Section
				  61-1-36
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 13 - DISCIPLINARY ACTION › Section 16.63.13.8 - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of a complaint against any person licensed
				  under the Social Work Practice Act, Sections
				  61-31-1
				  to
				  61-31-24
				  NMSA 1978 the board may refer the complaint to the complaint committee.
A. The complaint committee shall review and
				investigate or cause to be investigated all complaints received by the board.
				Complaints shall remain confidential while investigations are pending and shall
				not be a matter of public record until the board takes disciplinary action
				pursuant to N.M. State. Ann. Section
				61-31-17
				NMSA 1978, as amended, and this part.
B. Upon completion of the investigation
				initiated pursuant to this part, the complaint committee or the board shall
				submit to the board those matters it feels justify further disciplinary
				action.
C. The board may offer the
				licensee an informal type of discipline such as a letter of reprimand in lieu
				of initiating formal proceedings. The board shall notify the licensee:
(1) that a letter of reprimand has been
				officially proposed;
(2) that the
				respondent must accept or reject the offer in writing;
(3) that if accepted, a copy of the reprimand
				will remain in the private files of the board; and
(4) that if rejected, formal disciplinary
				action pursuant to the Uniform Licensing Act Sections
				61-1-1 to
				61-1-31
				NMSA 1978 will be initiated.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 13 - DISCIPLINARY ACTION › Section 16.63.13.9 - DISQUALIFYING CRIMINAL CONVICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Felony convictions for any of the
				following offenses, or their equivalents in any other jurisdiction, are
				disqualifying criminal convictions that may disqualify an applicant from
				receiving or retaining a license issued by the board:
(1) homicide, manslaughter, great bodily
				harm, wounding, or maiming;
(2)
				trafficking, trafficking in, unlawful distribution of, or possession of
				controlled substances;
(3) human
				trafficking, stalking, kidnapping, false imprisonment, assault, aggravated
				assault, battery, or aggravated battery;
(4) rape, criminal sexual penetration,
				criminal sexual contact, incest, indecent exposure, sexual exploitation, or
				other related felony sexual offenses;
(5) crimes involving adult abuse, neglect or
				financial exploitation;
(6) crimes
				involving child abuse, neglect, abandonment or solicitation;
(7) crimes involving robbery, larceny, theft,
				extortion, burglary, bribery, fraud, forgery, embezzlement, breaking and
				entering, damage to property, identity theft, arson, perjury, false pretenses,
				credit card fraud, or receiving stolen property;
(8) practicing medicine without a
				license;
(9) failure to comply with
				a proclamation of the governor;
(10) crimes involving the unlawful
				possession, use, discharge, or sale of a firearm, weapon, or
				explosives;
(11) furnishing or
				bringing contraband or drugs into a prion, jail, or juvenile detention
				facility;
(12) driving under the
				influence of intoxicating liquor, substances or drugs;
(13) an attempt, solicitation, or conspiracy
				involving any of the felonies in this subsection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 14 - INACTIVE STATUS › Section 16.63.14.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Social Work
				  Examiners, P.O. Box 25101, Santa Fe, NM 87504.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 14 - INACTIVE STATUS › Section 16.63.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These parts are promulgated pursuant to the Social Work
				  Practice Act, Section
				  61-31-8
				  A,
				  14-2-1,
				  61-31-19
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 14 - INACTIVE STATUS › Section 16.63.14.8 - PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				licensed under the Social Work Practice Act (NMSA 1978 Sections
				61-31-1
				to
				61-31-24
				) who wishes to assume inactive status in the practice of social work shall
				notify the board's administrator in writing postmarked on or before July
				1st of the year the license expires. As part of the
				written request for inactive status, the licensee must show proof of having
				completed the required continuing education hours defined in Part 12 of these
				rules. If the licensee has not met the continuing education requirements,
				inactive status may be granted but the licensee will be subject to all rules
				related to continuing education if reinstatement of license is
				requested.
B. Upon approval by the
				board, the licensee shall assume inactive status. Any license in inactive
				status will be subject to an annual fee of fifteen dollars ($15.00) for LBSW,
				twenty dollars ($20.00) for LMSW and twenty-five dollars ($25.00) for
				LISW.
C. The practice of social
				work in New Mexico under an inactive license is strictly prohibited.
D. Any person licensed under the Social Work
				Practice Act who has assumed inactive status as provided in this section, may
				notify the board, in writing, of his desire to resume active
				practice.
E. Upon receipt of the
				notice required in Subsection D of 16.63.14.8 NMAC, the administrator shall
				send to the licensee an application for reinstatement of license.
F. The fee for reinstatement of a license
				shall be in accordance with 16.63.8 NMAC, Sections 8, 9, 10 &11.
G. The applicant must, in addition, provide
				satisfactory proof of:
(1) completion of no
				less than ten (10) hours of continuing education for each year of inactive
				status; such continuing education to be accumulated in accordance with Part
				12.
(2) completion of all
				continuing education requirements determined to have been unmet at the time
				inactive status was granted.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 15 - RETIREMENT › Section 16.63.15.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Social Work
				  Examiners, P.O. Box 25101, Santa Fe, NM 87504.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 15 - RETIREMENT › Section 16.63.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These parts are promulgated pursuant to the Social Work
				  Practice Act, Section
				  61-31-8
				  A,
				  14-2-1,
				  61-31-19
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 15 - RETIREMENT › Section 16.63.15.8 - PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				licensed under the Social Work Practice Act (NMSA 1978 Sections
				61-31-1
				to
				61-31-24
				) who wishes to retire from practice shall notify the board's administrator in
				writing prior to the July 1 expiration of his current license. As part of the
				written request for retirement status, the licensee must show proof of having
				completed the required continuing education hours defined in Part 12 of these
				rules. If the licensee has not met the continuing education requirements,
				retirement status may be granted but the licensee will be subject to all rules
				related to continuing education if reinstatement of license is requested. The
				administrator shall acknowledge receipt of the request.
B. Upon approval by the board of the request,
				the licensee shall assume retirement status and shall be exempt from payment of
				the yearly renewal fees during the period of retirement.
C. The practice of social work in New Mexico
				under a retired license is strictly prohibited. Any person licensed under the
				Social Work Practice Act who has retired as provided in this section, may
				notify the board, in writing, of his desire to resume active
				practice.
D. Upon receipt of the
				notice required in Subsection C of 16.63.15.8 NMAC, the administrator shall
				send to the retired licensee an application for reinstatement of
				license.
E. The application must be
				completed and returned to the board's administrator with the appropriate fee as
				required in sections 8, 9, 10 and 11 of 16.63.8 NMAC.
F. The applicant must, in addition provide
				satisfactory proof of:
(1) completion of no
				less than ten (10) hours of continuing educa­tion for each year of
				retirement; such continuing education to be accumulated in accordance with Part
				12;
(2) completion of all
				continuing education requirements determined to have been unmet at the time
				retirement status was granted.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 16 - CODE OF CONDUCT › Section 16.63.16.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Social Work
				  Examiners, P.O. Box 25101, Santa Fe, NM 87504.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 16 - CODE OF CONDUCT › Section 16.63.16.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These parts are promulgated pursuant to the Social Work
				  Practice Act, Section
				  61-31-8
				  A,
				  14-2-1,
				  61-31-19
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 16 - CODE OF CONDUCT › Section 16.63.16.8 - SOCIAL WORKERS' ETHICAL RESPONSIBILITIES TO CLIENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Commitment to clients. Social workers'
				primary responsibility is to promote the well being of clients. In general,
				clients' interests are primary. However, social workers' responsibility to the
				larger society or specific legal obligations may on limited occasions supersede
				the loyalty owed clients, and clients shall be so advised. (Examples include
				when a social worker is required by law to report that a client has abused a
				child or has threatened to harm self or others.)
B. Self-determination. Social workers respect
				and promote the right of clients to self-determination and assist clients in
				their efforts to identify and clarify their goals. Social workers may limit
				clients' right to self-determination when, in the social workers' professional
				judgment, clients' actions or potential actions pose a serious, foreseeable,
				and imminent risk to themselves or others.
C. Professional disclosure statement. A
				social worker shall effectively communicate through handout or other means as
				appropriate for all clients and may display at the social worker's primary
				place of practice a statement that the client has the right to the following:
(1) to expect that the social worker has met
				the minimal qualifications of education, training, and experience required by
				the law;
(2) to examine public
				records maintained by the board which contain the social worker's
				qualifications and credentials;
(3)
				to be given a copy of the standards of practice upon request;
(4) to report a complaint about the social
				worker's practice to the board;
(5)
				to be informed of the cost of professional services before receiving the
				services;
(6) to privacy as allowed
				by law, and to be informed of the limits of confidentiality;
(7) limited access to client information; a
				social worker shall make reasonable efforts to limit access to client
				information in a social worker's agency to appropriate agency staff whose
				duties require access;
(8)
				supervision or consultation; a social worker receiving supervision shall inform
				the client that the social worker may be reviewing the client's case with the
				social worker's supervisor or consultant; upon request, the social worker shall
				provide the name of the supervisor and the supervisor's contact
				information;
(9) to be free from
				being the object of discrimination while receiving social work services;
				and
(10) to have access to records
				as allowed by law including retention and notification requirements in
				Paragraphs (4) and (5) of Subsection D of 16.63.16.10 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 16 - CODE OF CONDUCT › Section 16.63.16.9 - SOCIAL WORKERS' ETHICAL RESPONSIBILITIES TO COLLEAGUES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Respect.
(1) Social workers should treat colleagues
				with respect and should represent accurately and fairly the qualifications,
				views, and obligations of colleagues.
(2) Social workers should avoid unwarranted
				negative criticism of colleagues in communications with clients or with other
				professionals. Unwarranted negative criticism may include demeaning comments
				that refer to colleagues' level of competence or to individuals' attributes
				such as race, ethnicity, national origin, color, sex, sexual orientation, age,
				marital status, political belief, religion, and mental or physical
				disability.
(3) Social workers
				shall cooperate with social work colleagues and with colleagues of other
				professions when such cooperation serves the well-being of clients.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 16 - CODE OF CONDUCT › Section 16.63.16.10 - SOCIAL WORKERS' ETHICAL RESPONSIBILITIES IN PRACTICE SETTINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Supervision and
				consultation.
(1) Social workers who provide
				supervision or consultation shall have the necessary knowledge and skill to
				supervise or consult appropriately and shall do so only within their areas of
				knowledge and competence.
(2)
				Social workers who provide supervision or consultation are responsible for
				setting clear, appropriate, and culturally sensitive boundaries.
(3) Social workers shall not engage in any
				dual or multiple relationships with supervisees in which there is a risk of
				exploitation of or potential harm to the supervisee. In instances where dual or
				multiple relationships are unavoidable social workers should take steps to
				protect supervisees and are responsible for setting clear, appropriate, and
				culturally sensitive boundaries.
(4) Social workers who provide supervision
				shall evaluate supervisees' performance in a manner that is fair and
				respectful.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 16 - CODE OF CONDUCT › Section 16.63.16.11 - SOCIAL WORKERS' ETHICAL RESPONSIBILITIES AS PROFESSIONALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Competence.
(1) Social workers shall accept
				responsibility or employment only on the basis of existing competence or the
				intention to acquire the necessary competence.
(2) Social workers shall strive to become and
				remain proficient in professional practice and the performance of professional
				functions. Social workers should critically examine and keep current with
				emerging knowledge relevant to social work. Social workers should routinely
				review the professional literature and participate in continuing education
				relevant to social work practice and social work ethics.
(3) Social workers shall base practice on
				recognized knowledge, including empirically based knowledge, relevant to social
				work and social work ethics.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 16 - CODE OF CONDUCT › Section 16.63.16.12 - SOCIAL WORKERS' ETHICAL RESPONSIBILITIES TO THE SOCIAL WORK PROFESSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Integrity of the
				profession.
(1) Social workers shall work
				toward the maintenance and promotion of high standards of practice.
(2) Social workers shall uphold and advance
				the values, ethics, knowledge, and mission of the profession. Social workers
				shall protect, enhance, and improve the integrity of the profession through
				appropriate study and research, active discussion, and responsible criticism of
				the profession.
(3) Social workers
				should contribute time and professional expertise to activities that promote
				respect for the value, integrity, and competence of the social work profession.
				These activities may include teaching, research, consultation, service,
				legislative testimony, presentations in the community, and participation in
				their professional organizations.
(4) Social workers should contribute to the
				knowledge base of social work and share with colleagues their knowledge related
				to practice, research, and ethics. Social workers should seek to contribute to
				the profession's literature and to share their knowledge at professional
				meetings and conferences.
(5)
				Social workers should act to prevent the unauthorized and unqualified practice
				of social work.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 16 - CODE OF CONDUCT › Section 16.63.16.13 - SOCIAL WORKERS' ETHICAL RESPONSIBILITIES TO THE BROADER SOCIETY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Social welfare.
				Social workers should promote the general welfare of society, from local to
				global levels, and the development of people, their communities, and their
				environments. Social workers should advocate for living conditions conducive to
				the fulfillment of basic human needs and should promote social, economic,
				political, and cultural values and institutions that are compatible with the
				realization of social justice.
B.
				Public participation. Social workers should facilitate informed participation
				by the public in shaping social policies and institutions.
C. Public emergencies. Social workers should
				provide appropriate professional services in public emergencies to the greatest
				extent possible.
D. Social and
				political action.
(1) Social workers should
				engage in social and political action that seeks to ensure that all people have
				equal access to the resources, employment, services, and opportunities they
				require to meet their basic human needs and to develop fully. Social workers
				should be aware of the impact of the political arena on practice and should
				advocate for changes in policy and legislation to improve social conditions in
				order to meet basic human needs and promote social justice.
(2) Social workers should act to expand
				choice and opportunity for all people, with special regard for vulnerable,
				disadvantaged, oppressed, and exploited people and groups.
(3) Social workers should promote conditions
				that encourage respect for cultural and social diversity within the United
				States and globally. Social workers should promote policies and practices that
				demonstrate respect for difference, support the expansion of cultural knowledge
				and resources, advocate for programs and institutions that demonstrate cultural
				competence, and promote policies that safeguard the rights of and confirm
				equity and social justice for all people.
(4) Social workers should act to prevent and
				eliminate domination of, exploitation of, and discrimination against any
				person, group, or class on the basis of race, ethnicity, national origin,
				color, sex, sexual orientation, age, marital status, political belief,
				religion, or mental or physical disability.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 17 - TEMPORARY LICENSE › Section 16.63.17.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Social Work
				  Examiners P.O. Box 25101, Santa Fe, NM 87504.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 17 - TEMPORARY LICENSE › Section 16.63.17.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These parts are promulgated pursuant to the Social Work
				  Practice Act, Section
				  61-31-8
				  A,
				  14-2-1,
				  61-31-19
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 17 - TEMPORARY LICENSE › Section 16.63.17.8 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A temporary license may be issued only when an applicant has
				  submitted an application for licensure, provide documentation of passing the
				  national licensing exam for the level of licensure sought and has not fulfilled
				  or is unable to adequately documented the completion of one or more of the
				  requirements for licensure specified in 16.63.6, 16.63.10 and 16.63.11 NMAC.
				  The applicant must fulfill the requirements within six months or
				  less.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 17 - TEMPORARY LICENSE › Section 16.63.17.9 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Six months or fulfillment of the requirements which ever
				  comes first. Only one temporary license will be issued for each level of
				  licensure sought by the applicant, except in extenuation circumstances as
				  defined in
				  16.63.17.10
				  NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 17 - TEMPORARY LICENSE › Section 16.63.17.10 - EXTENUATING CIRCUMSTANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A qualified temporary licensed applicant may apply for an
				  extension of a temporary license or the issuance of an additional temporary
				  license if they were unable to fulfill the requirement due to extenuating
				  circumstances; these extenuating circumstances are defined as; serious
				  physician-verified illness; death in immediate family; and military service.
				  The extenuating circumstances must be presented for the board's administrator's
				  consideration on a case-by-case basis.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 18 - EXPEDITED LICENSURE › Section 16.63.18.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to and in accordance
				  with the Social Work Practice Act, Subsection A of Section
				  61-31-8,
				  14-2-1,
				  61-31-19 NMSA 1978 and the Uniform
				  Licensing Act, Section
				  61-1-31.1 NMSA
				  1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 18 - EXPEDITED LICENSURE › Section 16.63.18.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 15, 2023, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 18 - EXPEDITED LICENSURE › Section 16.63.18.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To promote, preserve and protect the public health, safety
				  and welfare by regulating and setting professional standards for applicants for
				  expedited licensure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 18 - EXPEDITED LICENSURE › Section 16.63.18.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Eligible
				jurisdiction"
means:
(1) any state or
				territory of the United States except those included in the list of disapproved
				licensing jurisdictions in
				16.63.18.8 NMAC; and
(2) any foreign country included in
				16.63.18.8 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 18 - EXPEDITED LICENSURE › Section 16.63.18.8 - LIST OF APPROVED AND DISAPPROVED LICENSING JURISDICTIONS; REASONS FOR DISAPPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applicants for licensure as a licensed bachelor social worker (lbsw) in the
				following states and territories of the United States or the District of
				Columbia shall not be eligible for expedited licensure pursuant to Section
				61-31-4.4 NMSA 1978 of the Social
				Work Practice Act:
(1) California, Colorado,
				Connecticut, Florida, Georgia, New York, Rhode Island, Vermont, and Washington
				on the grounds that these jurisdictions do not license, register, certify, or
				otherwise regulate bachelor level social workers; and
(2) American Samoa, Louisiana, Massachusetts
				(licensed social worker associate), Nebraska (certified social worker), New
				Hampshire (licensed social worker associate 1 and 2), New Jersey, Ohio
				(registered social work assistant), Puerto Rico (licensed social worker), South
				Dakota (social work associate), the US Virgin Islands (social worker
				associate), on the grounds that education, experience, and examination
				requirements cannot be determined or are not consistent with New
				Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 18 - EXPEDITED LICENSURE › Section 16.63.18.10 - EXPEDITED LICENSURE APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A candidate for expedited licensure under
				Section 61-1-31.1 NMSA 1978 and Section
				61-31-13 NMSA 1978 must submit to
				the board a complete application containing all of the following:
(1) a completed and signed application
				form;
(2) proof of a current
				license in good standing in an eligible jurisdiction as defined; and
(3) payment of the required application
				fee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 18 - EXPEDITED LICENSURE › Section 16.63.18.11 - EXPEDITED LICENSURE APPLICATION FOR MILITARY SERVICE MEMBERS AND VETERANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A candidate for
				expedited licensure under Section 61.1.34 NMSA 1978 must submit to the board a
				complete application containing all of the following:
(1) A completed and signed application
				form;
(2) proof of a current
				license in good standing in another jurisdiction, including a branch of the
				United States armed forces; and
(3)
				submission of the following documentation:
(a)
				for military service member: a copy of military orders;
(b) for spouse of military service members:
				copy of military service member's military orders, and copy of marriage
				license;
(c) for spouses of
				deceased military service members: copy of decedent's DD 214 and copy of
				marriage license;
(d) for dependent
				children of military service members: a copy of military service member's
				orders listing dependent child, or a copy of military orders and one of the
				following: a copy of birth certificate, military service member's federal tax
				return or other governmental or judicial documentation establishing dependency;
				or
(e) for veterans (retired or
				separated): proof of honorable discharge such as a copy of DD Form 214, DD Form
				215, DD Form 256, DD Form 257, NGB Form 22, military ID card, a driver's
				license or state ID card with a veteran's designation, or other documentation
				verifying honorable discharge.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 18 - EXPEDITED LICENSURE › Section 16.63.18.12 - EXPEDITED LICENSE DURATION AND RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. An expedited license shall be valid for
				the same length of time as a regular initial license issued by the board and
				must be renewed on or before July 1 of each year, as provided by
				16.63.3.8 NMAC. Initial licenses,
				including expedited licenses, may be issued for a period greater than twelve
				months, but less than twenty-four months, in order to align the license
				expiration date with the board's renewal cycle.
B. A licensee holding an expedited license
				may apply for license renewal in the manner provided by the board's rules,
				provided that, if the licensee holding an expedited license was not required by
				the licensee's original jurisdiction outside of New Mexico to pass the
				Association of Social Work Boards (ASWB) examination for the appropriate
				license level, the licensee shall be required to pass the examination prior to
				renewing the license.
C. Upon
				renewal, the board shall issue a regular license to a licensee holding an
				expedited license issued pursuant to these rules.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 19 - IMPAIRED SOCIAL WORKER › Section 16.63.19.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Social Work
				  Examiners, P.O. Box 25101, Santa Fe, NM 87504.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 19 - IMPAIRED SOCIAL WORKER › Section 16.63.19.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These Parts are promulgated pursuant to the Social Work
				  Practice Act, Section
				  61-31-8
				  A,
				  14-2-1,
				  61-31-19
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 19 - IMPAIRED SOCIAL WORKER › Section 16.63.19.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 22, 1992, unless a different date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 19 - IMPAIRED SOCIAL WORKER › Section 16.63.19.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To inform the licensees how impairment is determined, the
				  process involved, what action may be taken, and the reinstatement
				  requirements.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 19 - IMPAIRED SOCIAL WORKER › Section 16.63.19.8 - DETERMINATION OF IMPAIRMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Complaints will be reviewed in accordance with policies and procedures
				established by the Board.
If the complaint committee or the Board has reasonable cause
				  to believe that a licensed social worker is unable to practice with reasonable
				  skill and safety because of a mental disorder or habitual or excessive use of a
				  controlled substance or alcohol, the committee or the Board shall report those
				  findings and the Board shall cause an examination of the social worker to be
				  made.
B. The Board shall
				appoint one or more people to evaluate the social worker in accordance with
				NMSA 1978 Section
				61-31-19.
(1) The social worker shall bear all costs of
				the evaluation.
(2) The social
				worker shall sign all necessary releases and authorizations for release of
				medical or psychological records for the evaluator(s) to report to the
				Board.
(3) The evaluator(s) shall
				order the social worker to appear before the evaluator(s) for hearing or
				evaluation and shall give the social worker ten (10) days notice of the time
				and place of the evaluation/hearing.
(4) If the evaluator(s) determine a mental or
				physical examination is necessary, the evaluator(s) shall order the social
				worker to submit to such an examination.
(5) Any social worker who submits to
				diagnostic mental or physical examinations as ordered by the evaluator(s) shall
				have a right to designate another evaluator to be present at any examination
				and to make an independent report to the Board.
(6) Failure of the social worker to comply
				with any requests of the evaluator(s) including appearing for hearing or
				submitting to medical or physical evaluations shall be reported directly to the
				Board and shall be grounds for immediate and summary suspension of the social
				worker's license by the Board followed by proceedings initiated under the
				Uniform Licensing Act.
(7) The
				evaluator(s) shall report findings and recommendations to the Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 19 - IMPAIRED SOCIAL WORKER › Section 16.63.19.9 - SELF REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A social worker may request in writing to the Board a
				  restriction of the social worker's license. The Board may grant such requests
				  for restriction and shall have authority if deemed appropriate to attach
				  conditions to the license of the social worker within specified limitations.
				  The Board may waive commencement of any proceedings under this
				  Part.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 19 - IMPAIRED SOCIAL WORKER › Section 16.63.19.10 - REINSTATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A social worker whose license has been restricted under this
				  Part, voluntarily or by action of the Board shall have the right, at reasonable
				  intervals, to petition for reinstatement of the license and to demonstrate that
				  the social worker can resume the competent practice of social work with
				  reasonable skill and safety to clients. Such petitions shall be in writing to
				  the Board.
A. Action by the Board on
				such petitions shall be initiated by referral to an evaluator(s) in accordance
				with subsection B of 16.63.19.8 NMAC.
B. The Board may, upon written recommendation
				of the advisory committee, request final evaluation of the social worker. Upon
				receipt of a positive report by the evaluator(s) and agreement of the advisory
				committee, the social worker may be discharged from the Impaired Social Worker
				Program.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.63.20.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Social Work
				  Examiners, P.O. Box 25101, Santa Fe, NM 87505.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.63.20.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All Baccalaureate Social Workers, Master Social Workers, and
				  Independent Social Workers.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.63.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Social Work
				  Practice Act, Section
				  61-31-8
				  A,
				  14-2-1,
				  61-31-19
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.63.20.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 2, 1995, unless a different date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.63.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes the requirements and possible penalties
				  for non-compliance of the Parental Responsibility Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.63.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All terms defined in the Parental Responsibility Act shall
				  have the same meanings in this Section. As used in this Section:
A. "HSD" means the New Mexico Human Services
				Department;
B. "Statement of
				compliance" means a certified statement from HSD stating that an applicant or
				licensee is in compliance with a judgment and order for support; and
C. "Statement of non-compliance" means a
				certified statement from HSD stating that an applicant or licensee is not in
				compliance with a judgment and an order for support.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.63.20.8 - AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The board adopts this Section pursuant to the Parental
				  Responsibility Act (Ch.. 25, Laws of 1995).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.63.20.9 - DISCIPLINARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
If an applicant or licensee is not in compliance with a
				  judgment and order for support, the board:
A. shall deny an application for a
				license;
B. shall deny the renewal
				of a license; and
C. has grounds
				for suspension or revocation of the license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.63.20.10 - CERTIFIED LIST

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of HSD's certified list of obligors not in
				  compliance with a judgment and order for support, the board shall match the
				  certified list against the current list of board licensees and applicants. Upon
				  the later receipt of an application for license or renewal, the board shall
				  match the applicant against the current certified list. By the end of the month
				  in which the certified list is received, the board shall report to HSD the
				  names of board applicants and licensees who are on the certified list and the
				  action the board has taken in connection with such applicants and
				  licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.63.20.11 - INITIAL ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon determination that an applicant or licensee appears on
				  the certified list, the Board shall:
A. commence a formal proceeding under
				16.63.20.9 NMAC to take the appropriate action under subsection A or B of
				16.63.20.9 NMAC
B. for current
				licensees only, informally notify the licensee that the licensee's name is on
				the certified list, and that the licensee must provide the board with a
				subsequent statement of compliance from HSD by the earlier of the application
				for license renewal or a specified date not to exceed thirty (30) days. If the
				licensee fails to provide this statement, the board shall commence a formal
				proceeding under subsection C of 16.63.20.9 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.63.20.12 - NOTICE OF CONTEMPLATED ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to taking any action specified in
				  16.63.20.9
				  NMAC, the board shall serve upon the applicant or licensee a written notice
				  stating that:
A. the board has grounds
				to take such action, and that the board shall take such action unless the
				licensee or applicant:
(1) mails a letter
				(certified mail return receipt requested) within twenty (20) days after service
				of the notice requesting a hearing; or
(2) provides the board, within thirty (30)
				days of the date of the notice, with a Statement of Compliance from
				HSD;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.63.20.13 - EVIDENCE OF PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
In any hearing under this Section, relevant evidence is
				  limited to the following:
A. A
				statement of non-compliance is conclusive evidence that requires the board to
				take the appropriate action under 16.63.20.9 NMAC of this section,
				unless:
B. The applicant or
				licensee provides the board with a subsequent statement of compliance which
				shall preclude the board from taking any action under this Section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.63.20.14 - ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
When a disciplinary action is taken under this Section solely
				  because the applicant or licensee is not in compliance with a judgment and
				  order for support, the order shall state that the application or license shall
				  be reinstated upon presentation of a subsequent statement of compliance. The
				  board may also include any other conditions necessary to comply with board
				  requirements for reapplications or reinstatement of lapsed
				  licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 63 - SOCIAL WORKERS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.63.20.15 - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Proceedings under this Section shall be governed by the
				  Uniform Licensing Act, Section
				  61-1-1 et
				  seq.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 1 - GENERAL PROVISIONS › Section 16.64.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.1 NMAC applies to the board, licensees, applicants for
				  licensure, and the general public.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 1 - GENERAL PROVISIONS › Section 16.64.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.1 NMAC is adopted pursuant to the Funeral Services Act,
				  NMSA 1978, Section
				  61-32-2,
				  61-32-5,
				  61-32-6,
				  61-32-7,
				  and
				  61-32-12,
				  the Inspection of Public Records Act, Section
				  14-2-1
				  et seq. NMSA 1978, and the Open Meeting Act, Section
				  10-15-1
				  et seq. NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 1 - GENERAL PROVISIONS › Section 16.64.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 26, 1993, unless a different date is cited at the
				  end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 1 - GENERAL PROVISIONS › Section 16.64.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.1 NMAC is to establish the requirements for board
				  meetings, display of certificates of licensure, inspection of public records,
				  and minimum requirements for documents and contracts.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 1 - GENERAL PROVISIONS › Section 16.64.1.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				certificates of licensure, and renewals thereof, issued by the board shall bear
				the license number, with a different series for each classification of
				license.
B. The current license, or
				renewal thereof, of each establishment and crematory and inspection results
				notice shall be conspicuously displayed in the establishment or crematory,
				together with the current license, or renewal thereof, of each licensee. The
				licensee must carry on their person the state issued wallet card
				license.
C. Any correspondence from
				the board will be mailed to a licensee at the last address shown in board
				records. It shall be incumbent on each licensee to notify the board of any
				change of address.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 1 - GENERAL PROVISIONS › Section 16.64.1.9 - BOARD MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The board operates in compliance with the Open Meetings
				  Act.
A. Election of officers shall be
				held at the first regular board meeting of each fiscal year, and may be held at
				any other regularly scheduled meeting of the board, or special or emergency
				meeting called for that purpose.
B.
				Any member of the board who, after proper notice, fails to attend three
				consecutive meetings of the board shall be recommended for removal as a board
				member unless such absences are considered excused. Absences will be considered
				excused if notice by the board member has been given in advance of any meeting
				to the chairman or board administrator, and the chairman or board administrator
				announces at the meeting that notice by the board member was given in advance
				of his or her inability to attend the meeting.