New
Mexico Register / Volume XXXVI, Issue 11 / June 10, 2025
NOTICE
OF PUBLIC RULE HEARING AND BOARD MEETING
The New Mexico Board of Social Work
Examiners will hold a rule hearing on Friday, July 11, 2025, at 9:00 a.m.,
immediately followed by a meeting of the board to consider any public comment
and adoption of the proposed rule listed below. Public participation is
welcomed, and comments may be submitted in writing during the public comment
period, or in person during the public rule hearing. The hearing and subsequent
meeting will take place at the Regulation and Licensing Department, Sandia
Conference Room, located at 5500 San Antonio Dr., New Mexico 87109.
The
meeting will also be held via Microsoft Teams for those desiring to attend
virtually.
https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmMxMGVmMWMtZTZhYi00ZTMwLWEzYWMtN2YxNzllOGZhMTcz%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%22fa354dd6-ad69-4626-a040-1e74a69a47ad%22%7dhttps://teams.microsoft.com/l/meetup-join/19%3ameeting_MmMxMGVmMWMtZTZhYi00ZTMwLWEzYWMtN2YxNzllOGZhMTcz%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%22fa354dd6-ad69-4626-a040-1e74a69a47ad%22%7d
Meeting
ID: 256 611 139 579 1
Passcode:
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The
purpose of the rule hearing is to consider the initiation of rulemaking for the
following rules:
16.63.1
General Provisions
16.63.3
Application for Licensure
16.63.4
Examinations
16.63.5
Emergency Licensure
16.63.6
Licensure by Credentials; Reciprocity
16.63.7
Provisional Licensure
16.63.8
Fee
16.63.9
Baccalaureate Social Worker
16.63.10
Masters Social Worker
16.63.11
Clinical Social Worker
16.63.12
Continuing Education
16.63.13
Disciplinary Action
16.63.14
Inactive Status
16.63.15
Retirement
16.63.16
Code of Conduct
16.63.17
Temporary Licensure
16.63.18
Expedited Licensure
The
agenda for the rule hearing and board meeting will be posted and available at
least 72 hours before the meeting on the Board website at
https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/social-work-examiners/board-information/ . Copies of the agenda
may also be obtained by contacting Roxann Ortiz at 505-795-5576.
The Board
of Social Work Examiners will begin accepting public comments regarding the
proposed rule changes on June 10, 2025. The Board of Social Work Examiners will
accept written public comments received by 9:00 a.m. on July 11, 2025. Written
comments may be submitted by email to socialworkboard@rld.nm.gov or by postal mail to the following address:
New
Mexico Regulation and Licensing Department
Attn: New
Mexico Board of Social Work Examiners
P.O. Box 25101
Santa Fe, NM 87504
Public
comment will also be accepted during the rule hearing and may be presented
orally, or in writing. Individuals who would like to participate and offer
public comment must appear in person. The
members of the New Mexico Board of Social Work Examiners will not engage in
substantive discussion of public comments during the rule hearing but will
consider all public comments during the board meeting following the conclusion
of the rule hearing.
For inclement weather: If New Mexico state
offices are placed on a two-hour delay due to inclement weather, the rule
hearing will be pushed back two hours from the noticed hearing time. If New
Mexico state offices are closed due to inclement weather, the rule hearing will
be rescheduled as soon as possible.
An individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or other form of auxiliary aid or service to attend or participate in the hearing, please contact Roxann Ortiz at 505-795-5576.
Statutory
Authority:
The
proposed rule changes are authorized by the Social Work Practice Act, Sections
61-31-1 through 61-31-25 NMSA 1978, which provides explicit authority for the
board to promulgate rules to protect public health and safety and carry out the
provisions of the Act. The rulemaking and public rule hearing is governed by
the State Rules Act, Sections 14-4-1 through 14-4-11 NMSA 1978, and the Default
Procedural Rule for Rulemaking promulgated by the New Mexico Department of
Justice, Parts 1.24.25.1 through 1.24.25.16 NMAC.
Purpose
of the Proposed Rules:
The
proposed rule changes aim to implement provisions of The Telehealth Act for all
licensees practicing under supervision and rules clean up to meet current
requirements. Initially, the changes will introduce fees for returned payments
and establish disciplinary measures for failure to comply with continuing
education (CE) audit requirements. More broadly, the proposed revisions are
intended to provide greater clarity regarding existing regulatory and statutory
obligations. These changes are designed to support the Board’s statutory
mandate to promote, preserve, and protect the health, safety, and welfare of
the public.
Summary
of Proposed Changes:
16.63.1
General Provisions- Cleaning up the language to meet the current requirements
and to add additional language for licensure to become a Social Worker in New
Mexico.
16.63.3
Application for Licensure- Adding language to meet the current licensing
processes.
16.63.4
Examinations-Adding language to meet the current licensing processes.
16.63.5
Emergency Licensure- This section is being removed, and the part is going to be
Reserved.
16.63.6
Licensure by Credentials; Reciprocity-This section is being removed as the
board has adopted the Expedited Licensure.
16.63.7
Provisional Licensure- Adding language to support the supervision that is
received during the provisional licensure period.
16.63.8
Fee- Cleaning up the language for the fees and adding language for Insufficient
Fund for returned payments.
16.63.9
Baccalaureate Social Worker-Adding language for criminal conviction.
16.63.10
Masters Social Worker-Cleaning up language for Parament of Practice
16.63.11
Clinical Social Worker-Adding language for supervision requirements and the
scope of practice for both License Clinical Social Workers and Independent
Social Workers.
16.63.12
Continuing Education-Adding language to include Ethic’s CEs for renewal.
16.63.13
Disciplinary Action-Cleaning up language
16.63.14
Inactive Status-Removing the fee requirements for inactive status.
16.63.15
Retirement-Cleaning up the language for requirements for reinstatement.
16.63.16
Code of Conduct-Adding language to reflect Sente Bill 252 Telehealth Act.
16.63.17
Temporary Licensure-Removing section and the part is going to be Reserved.
16.63.18
Expedited Licensure-Cleaning up language of requirements and grammatical
mistakes.