N.M. Stat. § 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 (Repealed effective July 1, 2032.)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 [Chapter 61, Article
1 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;
N. determine the appropriate application of technology to social work practice,
including video teleconferencing, for appropriate supervision and client contact;
O. prescribe the procedures, forms and manner of submitting an applicant's full set
of fingerprints for state and federal criminal history background reports that the board
uses to evaluate the applicant's qualification for licensure; and
P. require an applicant, as a condition of eligibility for initial licensure, to submit a full
set of fingerprints to the department of public safety to obtain state and national criminal
history record information on the applicant. State and national criminal history record
reports are confidential and not public records. The board shall not disseminate
criminal history record information across state lines.