TITLE
16 OCCUPATIONAL AND
PROFESSIONAL LICENSING
CHAPTER
63 SOCIAL WORKERS
PART
19 IMPAIRED SOCIAL WORKER
16.63.19.1 ISSUING AGENCY: Regulation and Licensing Department, Board
of Social Work Examiners, P.O. Box 25101, Santa Fe, NM 87504.
[9/8/96;
16.63.19.1 NMAC - Rn, 16 NMAC 63.19.1, 06/19/02]
16.63.19.2 SCOPE: All Baccalaureate Social Workers, Master
Social Workers, and Independent Social Workers.
[9/8/96;
16.63.19.2 NMAC - Rn, 16 NMAC 63.19.2, 06/19/02]
16.63.19.3 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;
16.63.19.3 NMAC - Rn, 16 NMAC 63.19.3, 06/19/02]
16.63.19.4 DURATION: Permanent
[9/8/96;
16.63.19.4 NMAC - Rn, 16 NMAC 63.19.4, 06/19/02]
16.63.19.5 EFFECTIVE
DATE: June 22, 1992, unless a
different date is cited at the end of a section.
[9/8/96;
16.63.19.5 NMAC – Rn & A, 16 NMAC 63.19.5, 06/19/02]
16.63.19.6 OBJECTIVE: To inform the licensees how impairment is
determined, the process involved, what action may be taken, and the
reinstatement requirements.
[9/8/96;
16.63.19.6 NMAC - Rn, 16 NMAC 63.19.6, 06/19/02]
16.63.19.7 DEFINITIONS: [Reserved]
16.63.19.8 DETERMINATION
OF IMPAIRMENT
A. Complaints will be reviewed in accordance with policies
and procedures established by the Board.
If the
complaint committee or the Board has reasonable cause to believe that a
licensed social worker is unable to practice with reasonable skill and safety
because of a mental disorder or habitual or excessive use of a controlled
substance or alcohol, the committee or the Board shall report those findings
and the Board shall cause an examination of the social worker to be made.
B. The Board shall appoint one or more people to evaluate
the social worker in accordance with NMSA 1978 Section 61-31-19.
(1) The social worker shall bear all costs of
the evaluation.
(2) The social worker shall sign all
necessary releases and authorizations for release of medical or psychological
records for the evaluator(s) to report to the Board.
(3) The evaluator(s) shall order the social
worker to appear before the evaluator(s) for hearing or evaluation and shall
give the social worker ten (10) days notice of the time and place of the
evaluation/hearing.
(4) If the evaluator(s) determine a mental or
physical examination is necessary, the evaluator(s) shall order the social
worker to submit to such an examination.
(5) Any social worker who submits to
diagnostic mental or physical examinations as ordered by the evaluator(s) shall
have a right to designate another evaluator to be present at any examination
and to make an independent report to the Board.
(6) Failure of the
social worker to comply with any requests of the evaluator(s) including
appearing for hearing or submitting to medical or physical evaluations shall be
reported directly to the Board and shall be grounds for immediate and summary
suspension of the social worker's license by the Board followed by proceedings
initiated under the Uniform Licensing Act.
(7) The evaluator(s) shall report findings
and recommendations to the Board.
C. The Board shall review the findings and recommendations
of the evaluator(s). The Board may
accept or reject the recommendations of the evaluation or may refer the matter
back to the evaluator(s) for further examination and report.
D. Upon receipt of an evaluation indicating impairment of
the social worker, the Board shall appoint an advisory committee. The advisory committee will review the
evaluator(s) report and other relevant information and will develop and submit
to the Board recommendation regarding the social worker's amenability to
treatment and rehabilitation which will include a written treatment plan. The advisory committee will also consider
any voluntarily submitted treatment plan and report it to the Board. In its report the advisory committee shall
state its reasons for participation in the approved treatment plan and shall
state any conditions for continued treatment or release from the program.
E. Upon receipt of the advisory committee's report and
recommendations, the Board may place conditions and stipulations on the social
worker's license reflecting the advisory committee's recommendations or any
other conditions the Board deems appropriate.
The conditions and/or stipulations will be provided in written format.
F. Any social worker who does not agree to the conditions
and/or stipulations set forth pursuant to subsection E of 16.63.19.8 NMAC
above, shall be entitled to a hearing before the Board in accordance with the
Uniform Licensing Act.
G. Any social worker participating in a treatment program
shall enter into a contract with the Board as a condition of participation in
the Impaired Social Worker Program.
H. The advisory committee shall receive reports from the
various treatment providers and shall submit a report to the Board on at least
a quarterly basis.
I. The advisory committee shall report all violations of
the treatment program rules, regulations and policies to the Board within five
(5) days.
J. The advisory committee shall report statistical
information to the Board including but not limited to:
(1) names of social workers in treatment;
(2) a description of the treatment program;
(3) progress reports;
(4) social worker's compliance with financial
obligations;
(5) attendance reports (of Alcoholics
Anonymous, counseling sessions, etc.);
(6) lab reports; and
(7) any other reports requested by the Board.
[6/22/92;
16.63.19.8 NMAC - Rn, 16 NMAC 63.19.8, 06/19/02]
16.63.19.9 SELF
REPORTING: A social
worker may request in writing to the Board a restriction of the social worker's
license. The Board may grant such
requests for restriction and shall have authority if deemed appropriate to
attach conditions to the license of the social worker within specified
limitations. The Board may waive
commencement of any proceedings under this Part.
[6/22/92;
16.63.19.9 NMAC - Rn, 16 NMAC 63.19.9, 06/19/02]
16.63.19.10 REINSTATEMENT: A social worker whose license
has been restricted under this Part, voluntarily or by action of the Board
shall have the right, at reasonable intervals, to petition for reinstatement of
the license and to demonstrate that the social worker can resume the competent
practice of social work with reasonable skill and safety to clients. Such petitions shall be in writing to the
Board.
A. Action by the Board on such petitions shall be initiated
by referral to an evaluator(s) in accordance with subsection B of 16.63.19.8
NMAC.
B. The Board may, upon written recommendation of the
advisory committee, request final evaluation of the social worker. Upon receipt of a positive report by the
evaluator(s) and agreement of the advisory committee, the social worker may be
discharged from the Impaired Social Worker Program.
[6/22/92;
16.63.19.10 NMAC - Rn, 16 NMAC 63.19.10, 06/19/02]
HISTORY OF 16.63.19
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
19, Impaired Social Worker, 5/22/92.
History
of Repealed Material: [RESERVED]