TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER
63 SOCIAL WORKERS
PART
15 RETIREMENT
16.63.15.1 ISSUING AGENCY: Regulation and Licensing Department, Board of
Social Work Examiners, P.O. Box 25101, Santa Fe, NM 87504.
[9/8/96;
16.63.15.1 NMAC - Rn, 16 NMAC 63.15.1, 06/19/02]
16.63.15.2 SCOPE:
All baccalaureate social workers, master social workers, and independent
social workers.
[9/8/96; 16.63.15.2 NMAC
- Rn, 16 NMAC 63.15.2, 06/19/02]
16.63.15.3 STATUTORY
AUTHORITY: These parts are promulgated pursuant to the
Social Work Practice Act, Section 61-31-8A, 14-2-1, 61-31-19 NMSA 1978.
[9/8/96;
16.63.15.3 NMAC - Rn, 16 NMAC 63.15.3, 06/19/02]
16.63.15.4 DURATION:
Permanent
[9/8/96;
16.63.15.4 NMAC - Rn, 16 NMAC 63.15.4, 06/19/02]
16.63.15.5 EFFECTIVE
DATE: January 5, 1995, unless a different date is
cited at the end of a section.
[9/8/96;
16.63.15.5 NMAC - Rn & A, 16 NMAC 63.15.5, 06/19/02]
16.63.15.6 OBJECTIVE:
To inform the licensees of the procedure to change their license to
retirement status, and the reinstatement process.
[9/8/96;
16.63.15.6 NMAC - Rn, 16 NMAC 63.15.6, 06/19/02]
16.63.15.7 DEFINITIONS: [Reserved]
16.63.15.8 PROCEDURE
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.
G. The board may, in its discretion,
require that an applicant for reinstatement take and pass a written examination
as prescribed by the board.
H. If the board finds the application
in order and is satisfied that the applicant has fulfilled his continuing
education requirements as outlined in Subsection F of 16.63.15.8 NMAC, the
board shall issue the applicant a new license.
I. No person licensed under the
Social Work Practice Act who has retired shall reactivate his practice until he
receives his new license certificate.
J. The board will not accept
applications for retirement from licensees who are under investigation for
violations of the Social Work Practice Act or who have an active complaint
pending with the board.
K. The board will accept applications under this section
from any social worker who is impaired as further defined in this section and
who is participating in a rehabilitation plan approved by the board. For purposes of this section, impaired means
inability to practice social work with reasonable skill or safety to clients by
reason of one or more of the following:
(1) mental illness;
(2) habitual or excessive use or abuse of
drugs, as defined in the Controlled Substances Act (NMSA Sections 30-31-1 to
30-31-40) or alcohol.
[6/22/92,
1/5/95, 5/1/99; 16.63.15.8 NMAC - Rn, 16 NMAC 63.15.8, 06/19/02; A, 4/24/06; A,
11/30/06]
HISTORY OF 16.63.15
NMAC:
Pre-NMAC History: The material in this part was derived from
that previously filed with the Commission of Public Records-State Records
Center and Archives:
Rule
15, Retirement, 5/22/92.
Rule
15, Retirement, 12/5/94.
History
of Repealed Material: [RESERVED]