TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 63 SOCIAL WORKERS
PART 5 EMERGENCY LICENSURE
16.63.5.1 ISSUING AGENCY:
Regulation and Licensing Department - Board of Social Work Examiners,
P.O. Box 25101, Santa Fe, NM 87504
[16.63.5.1 NMAC - N/E,
11/9/05]
16.63.5.2 SCOPE: An
individual desiring to practice either as a baccalaureate social workers, or a
master social workers, and independent social workers following a federally
declared disaster.
[16.63.5.2 NMAC-
N/E, 11/9/05]
16.63.5.3 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.
[16.63.5.3 NMAC -
N/E, 11/9/05]
16.63.5.4 DURATION:
Permanent.
[16.63.5.4 NMAC -
N/E, 11/9/05]
16.63.5.5 EFFECTIVE DATE: November 9, 2005, unless a later date is cited
at the end of a section.
[16.63.5.5 NMAC -
N/E, 11/9/05]
16.63.5.6 OBJECTIVE: The
objective of Part 5 is to outline requirements, procedures, and criteria for
issuance of an emergency license.
[16.63.5.6 NMAC -
N/E, 11/9/05]
16.63.5.7 DEFINITIONS: [RESERVED]
16.63.5.8 PROVISIONS FOR EMERGENCY
LICENSURE:
A. Licensed
social workers currently licensed and in good standing, or otherwise meeting
the requirements for New Mexico licensure may be licensed in New Mexico during
the six months following the declared disaster at no cost upon satisfying the
following requirements:
(1) receipt by the board of a completed
application which has been signed and notarized and which is accompanied by
proof of identity, which may include a copy of a drivers license, passport or
other photo identification issued by a governmental entity;
(2) refer to 16.63.9.8, 16.63.10.8, and
16.63.11.8 NMAC, Qualification of Licensure for licensure requirements;
(3) verification of licensure from the state
in which the federal disaster has been declared; the verification of licensure
must include the following information:
(a) copy of transcripts verifying a bachelors
or masters degree from a program of social work accredited by the council on
social work education;
(b) copy of supervision records;
(c) verification the applicant has passed the
association of social work board (ASWB) exam at the appropriate level for which
the applicant is applying; and
(d) verification that the license is in good
standing with no pending disciplinary action.
(4) sworn affidavit that the applicant was
personally or professionally effected by the disaster.
B. The board may waive the following requirements for licensure:
(1) application fees;
(2) taking and passing the NM cultural
awareness exam prior to licensure; the applicant will be required to take and
pass the NM cultural awareness exam within three months from the date the
emergency license is issued; the emergency license will automatically expire if
the applicant fails to take or fails to pass the NM cultural awareness exam
within three months; and
(3) fee for the cultural awareness
examination.
C. The board may
waive the specific forms required under 16.63.9.8, 16.63.10.8, and 16.63.11.8
NMAC if the applicant is unable to obtain documentation from the federal
declared disaster areas.
(1) If the applicant is unable to obtain
official transcripts, from a school located in a declared disaster area, the
applicant may submit a sworn affidavit from the applicant verifying he has a
bachelors or masters degree in social work.
(2) For LISW applicants who are unable to
obtain verification of supervision from a supervisor located in a declared
disaster area the applicant may submit a sworn affidavit from the applicant
verifying he has 3600 hours of experience and a minimum of 90 hours of
supervision.
D. Nothing in this
section shall constitute a waiver of the requirements for licensure contained
in 16.63.9.8, 16.63.10.8, and 16.63.11.8 NMAC.
E. Licenses issued
under (the emergency provision) shall expire on July 1, following the date of
issue, unless the board or an agent of the board approves a renewal
application. Application for renewal
shall be made on or before July 1, following the date of issue to avoid late
renewal fees. The board reserves the
right to request additional documentation, including but not limited to,
recommendation forms and work experience verification forms prior to approving
license renewal.
[16.63.5.8 NMAC -
N/E, 11/9/05]
16.63.5.9 EMERGENCY LICENSE TERMINATION:
A. The emergency license shall terminate upon the following
circumstances:
(1) the issuance of a permanent license under
sections 16.63.9.8, 16.63.10.8, and 16.63.11.8 NMAC;
(2) proof that the emergency license holder
has engaged in fraud, deceit, or misrepresentation in procuring or attempting
to procure a license under this section, or failure to take and pass or failure
to take the NM cultural awareness exam within three months; or
(3) violation of the Social Work Practice Act
or the social work rules and regulations.
B. Termination of an emergency license shall not preclude application for
permanent licensure under sections 16.63.9.8, 16.63.10.8, and 16.63.11.8
NMAC. The board may withhold or deny an
application for licensure. In accordance
with the procedures established by the Uniform Licensing Act [61-1-1 to 61-11-31
NMSA 1978], the board may deny, suspend or revoke a license held or applied for
under the Social Work Practice Act, may fine or reprimand a license or take any
other action provided for in the Uniform Licensing Act.
[16.63.5.9 NMAC -
N/E, 11/9/05]
HISTORY OF
16.63.5 NMAC: [RESERVED]