New Mexico Register / Volume XXXIV, Issue 15 / August 15, 2023

TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63 SOCIAL WORKERS

PART 18 EXPEDITED LICENSURE

16.63.18.1 ISSUING AGENCY: The New Mexico Board of Social Work Examiners.

[16.63.18.1 NMAC - Rp, 16.63.18.1 NMAC, 08/15/2023]

16.63.18.2 SCOPE: The provisions of Part 18 apply to all applicants for expedited licensure.

[16.63.18.2 NMAC - Rp, 16.63.18.2 NMAC, 08/15/2023]

16.63.18.3 STATUTORY AUTHORITY: 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.

[16.63.18.3 NMAC - Rp, 16.63.18.3 NMAC, 08/15/2023]

16.63.18.4 DURATION: Permanent.

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16.63.18.5 EFFECTIVE DATE: August 15, 2023, unless a later date is cited at the end of a section.

[16.63.18.5 NMAC - Rp, 16.63.18.5 NMAC, 08/15/2023]

16.63.18.6 OBJECTIVE: To promote, preserve and protect the public health, safety and welfare by regulating and setting professional standards for applicants for expedited licensure.

[16.63.18.6 NMAC - Rp, 16.63.18.6 NMAC, 08/15/2023]

16.63.18.7 DEFINITIONS:

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.

B. “Expedited license” means a provisional license that confers the same rights, privileges and responsibilities as a regular license issued by the board pursuant to Section 61-31-13 NMSA 1978.

C. “Good standing” means a license or registration is active and not expired, suspended, revoked, surrendered, conditioned, or otherwise in a status that in any manner restricts the activity of a licensee or registrant under the authority of the license.

D. “Licensing fee” has the same meaning as defined in Paragraph (1) of Subsection E of Section 61-1-34 NMSA 1978.

E. “Licensing Jurisdiction” has the same meaning as defined in Subsection F of Section 61-1-2 NMSA 1978.

F. “Military service member” has the same meaning as defined in Paragraph (2) of Subsection E of Section 61-1-34 NMSA 1978.

G. “Veteran” has the same meaning as defined in Paragraph (3) of Subsection E of Section 61-1-34 NMSA 1978.

[16.63.18.7 NMAC - Rp, 16.63.18.7 NMAC, 08/15/2023]

16.63.18.8 LIST OF APPROVED AND DISAPPROVED LICENSING JURISDICTIONS; REASONS FOR DISAPPROVAL:

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.

B. Approved jurisdictions for expedited licensure as a licensed bachelor social worker (lbsw), with the jurisdictions equivalent license in parentheses, are: Alabama (lbsw), Alaska (lbsw), Arizona (lbsw), Arkansas (licensed social worker), Delaware (lbsw), District of Columbia (licensed social work associate), Guam (lbsw), Hawaii (lbsw), Idaho (licensed social worker), Illinois (licensed social worker 2), Indiana (lbsw), Iowa (lbsw), Kansas (lbsw), Kentucky (licensed social worker), Maine (licensed social worker 1), Maryland (lbsw), Massachusetts (licensed social worker), Michigan (lbsw), Minnesota (licensed social worker), Mississippi (licensed social worker), Missouri (lbsw), Montana (lbsw), Nevada (social worker), New Hampshire (licensed social worker), North Carolina (certified social worker), North Dakota (lbsw), Northern Mariana Islands (lbsw), Ohio (licensed social worker), Oklahoma (licensed social work associate), Oregon (registered bachelor of social work), Pennsylvania (lbsw), South Carolina (lbsw), South Dakota (licensed social worker), Tennessee (lbsw), Texas (lbsw), US Virgin Islands (social worker 1 and 2), Utah (social worker 1 and 2), Virginia (lbsw), West Virginia (licensed social worker), Wisconsin (certified social worker), Wyoming (certified social worker).

C. Applicants licensed as a licensed master social worker (lmsw) 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 61-31-4.3 NMSA 1978 of the Social Work Practice Act:

(1) Nebraska, New Hampshire, Rhode Island, Washington, and Wyoming on the grounds that these jurisdictions do not license, register, certify, or otherwise regulate master level social workers; and

(2) American Samoa, California (associate clinical social worker – asw), Florida (registered clinical social worker intern), Louisiana (certified social worker), Michigan (limited license master’s social worker), and Puerto Rico on the grounds that education, experience, and examination requirements cannot be determined or are not consistent with New Mexico.

D. Approved jurisdictions for expedited licensure as a licensed master social worker (lmsw), with the jurisdictions equivalent license in parentheses, are: Alabama (lmsw), Alaska (lmsw), Arizona (lmsw), Arkansas (lmsw), Colorado (licensed social worker), Connecticut (lmsw), Delaware (lmsw), District of Columbia (licensed graduate social work), Georgia (lmsw), Guam (lmsw), Hawaii (licensed social worker), Idaho (lmsw), Illinois (licensed social worker 1), Indiana (licensed social worker 1), Iowa (lmsw), Kansas (lmsw), Kentucky (certified social worker), Louisiana (lmsw), Maine (lmsw), Maryland (lmsw), Massachusetts (licensed certified social worker), Minnesota (licensed graduate social worker), Mississippi (lmsw), Missouri (lmsw), Montana (lmsw), Nevada (lmsw), New Jersey (licensed social worker), New York (lmsw), North Carolina (certified master social worker), North Dakota (lmsw), Northern Mariana Islands (lmsw), Ohio (licensed social worker), Oklahoma (lmsw), Oregon (lmsw), Pennsylvania (licensed social worker), South Carolina (lmsw), South Dakota (certified social worker), Tennessee (lmsw), Texas (lmsw), US Virgin Islands (certified social worker), Utah (certified social worker), Vermont (lmsw), Virginia (lmsw), West Virginia (licensed graduate social worker), Wisconsin (advanced practice social worker).

E. Applicants licensed as a licensed clinical social worker (lcsw) 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 61-31-4.2 NMSA 1978 of the Social Work Practice Act:

(1) Ohio and Puerto Rico on the grounds that these jurisdictions do not license, register, certify, or otherwise regulate clinical social workers; and

(2) American Samoa, North Carolina (licensed clinical social worker associate), and Rhode Island (licensed clinical social worker), on the grounds that education, experience, and examination requirements cannot be determined or are not consistent with New Mexico.

F. Approved jurisdictions for expedited licensure as a licensed clinical social worker (lcsw), with the jurisdictions equivalent license in parentheses, are: Alabama (licensed independent clinical social worker), Alaska (lcsw), Arizona (lcsw), Arkansas (lcsw), California (lcsw), Colorado (lcsw), Connecticut (lcsw), Delaware (lcsw), District of Columbia (licensed independent clinical social work), Florida (lcsw), Georgia (lcsw), Guam (lcsw), Hawaii (lcsw), Idaho (lcsw), Illinois (licensed clinical social worker 1 and 2), Indiana (lcsw), Iowa (licensed independent social worker), Kansas (licensed specialist clinical social worker), Kentucky (lcsw), Louisiana (lcsw), Maine (licensed clinical social worker 1 and 2), Maryland (licensed certified social worker - clinical), Massachusetts (licensed independent clinical social worker), Michigan (licensed master social worker – clinical), Minnesota (licensed independent clinical social worker), Mississippi (lcsw), Missouri (lcsw), Montana (lcsw), Nebraska (licensed mental health practitioner and licensed independent mental health practitioner), Nevada (clinical social worker), New Hampshire (licensed independent clinical social worker), New Jersey (lcsw), New York (lcsw), North Carolina (lcsw), North Dakota (lcsw), Northern Mariana Islands (lcsw), Oklahoma (lcsw), Oregon (lcsw), Pennsylvania (lcsw), Rhode Island (licensed independent clinical social worker), South Carolina (licensed independent social worker-cp), South Dakota (certified social worker private independent practice), Tennessee (lcsw), Texas (lcsw), Utah (lcsw), US Virgin Islands (certified independent social worker), Utah (lcsw), Vermont (licensed independent clinical social worker), Virginia (lcsw), Washington (licensed independent clinical social worker), West Virginia (licensed independent clinical social worker), Wisconsin (lcsw), and Wyoming (lcsw).

G. Applicants licensed as a licensed independent social worker (lisw) 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 61-31-4.1 NMSA 1978 of the Social Work Practice Act:

(1) Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Mississippi, Montana, New Hampshire, New Jersey, New York, North Dakota, Northern Mariana Islands, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, US Virgin Islands, Utah, Vermont, Virginia, and Wyoming on the grounds that these jurisdictions do not license, register, certify, or otherwise regulate licensed independent social workers; and

(2) American Samoa on the grounds that education, experience, and examination requirements cannot be determined or are not consistent with New Mexico.

H. Approved jurisdictions for expedited licensure as a licensed independent social worker (lisw), with the jurisdictions equivalent license in parentheses, are: District of Columbia (lisw), Florida (certified master social worker), Maryland (licensed certified social worker), Michigan (licensed master social worker – macro), Minnesota (lisw), Missouri (licensed advanced macro social worker), Nebraska (certified master social worker), Nevada (independent social worker), North Carolina (certified social work manager), Ohio (lisw), Oklahoma (licensed social worker), South Carolina (licensed independent social worker-advanced practice), Tennessee (licensed advanced practice social worker), Texas (licensed master social worker – advanced practice), Washington (licensed advanced social worker), West Virginia (licensed certified social worker), and Wisconsin (certified independent social worker).

[16.63.18.8 NMAC - Rp, 16.63.18.8 NMAC, 08/15/2023]

16.63.18.9 LIST OF APPROVED FOREIGN JURISDICTIONS: [RESERVED]

16.63.18.10 EXPEDITED LICENSURE APPLICATION REQUIREMENTS:

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.

B. An expedited license application shall not be deemed complete until the applicant has submitted, and the board’s staff is in receipt of, all the materials required by subsection A, including documentation from third parties.

C. Upon receipt of a complete application, the board’s staff shall process the application and issue the expedited license to a qualified applicant within 30 days.

D. If the applicant has a potentially disqualifying criminal conviction or the board may have other cause to deny the application pursuant to Section 61-31-17 NMSA 1978 and 16.63.13.9 NMAC:

(1) the matter of the applicant’s application shall be submitted to the board for consideration and action at its next available regular meeting;

(2) the license may not be issued within 30 days of submission of the complete application; and

(3) the board may vote to grant the application or refer the matter to its administrative prosecutor for denial of the application as provided by the board’s rules.

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16.63.18.11 EXPEDITED LICENSURE APPLICATION FOR MILITARY SERVICE MEMBERS AND VETERANS:

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.

B. An expedited license application shall not be deemed complete until the applicant has submitted, and the board’s staff is in receipt of, all of the materials required by Subsection A, including documentation from third parties.

C. Upon receipt of a complete application, the board’s staff shall process the application and issue the expedited license to a qualified applicant within 30 days.

D. If the applicant has a potentially disqualifying criminal conviction or the board may have other

cause to deny the application pursuant to Section 61-31-17 NMSA 1978 and 16.63.13.9 NMAC:

(1) the matter of the applicant’s application shall be submitted to the board for consideration and action at its next available regular meeting;

(2) the license may not be issued within 30 days of submission of the complete application; and

(3) the board may vote to grant the application or refer the matter to its administrative prosecutor for denial of the application as provided by the board’s rules.

E. A military service member or veteran who is issued an expedited license shall not be charged a licensing fee for the first three years of licensure with the board.

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16.63.18.12 EXPEDITED LICENSE DURATION AND RENEWAL:

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.

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HISTORY OF 16.63.18 NMAC:

History of Repealed Material:

16.63.18 NMAC – Licensure for Military Service Members, Spouses and Veterans, filed 8/1/2014 was repealed and replaced by 16.63.18 NMAC Licensure for Military Service Members, Spouses, Dependent Children and Veterans, effective 3/13/2022. 16.63.18 NMAC – Licensure for Military Service Members, Spouses, Dependent Children and Veterans, filed 02/11/2022 was repealed and replaced by 16.63.18 Expedited Licensure effective 08/15/2023

Other History:

16.63.18 NMAC – Licensure for Military Service Members, Spouses and Veterans, (filed 8/1/2014) replaced by 16.63.18 NMAC – Licensure for Military Service Members, Spouses and Veterans, effective 3/13/2022. 16.63.18 NMAC – Licensure for Military Service Members, Spouses, Dependent Children and Veterans, filed 02/11/2022 was repealed and replaced by 16.63.18 Expedited Licensure effective 08/15/2023