Chapter 61

A. Each licensee shall renew the licensee's license biennially by submitting a renewal application on a form provided by the board. At the time of license renewal, the board shall require a licensee to produce evidence of continuing education, as prescribed by the board. The boar…

Except as provided in Section 61-1-34 NMSA 1978, applicants for licensure shall pay fees set by the board, not to exceed: A. for examination for any level of licensure other than initial licensure, two hundred dollars ($200); B. for initial licensure following an examination as a…

A. There is created in the state treasury the "board of social work examiners fund". B. All money received by the board under the Social Work Practice Act shall be deposited with the state treasurer for credit to the fund. The state treasurer shall invest the fund as other state …

effective July 1, 2032.) A. In accordance with procedures contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the board may deny, revoke or suspend any license held or applied for under the Social Work Practice Act, upon grounds that the licensee or applicant: (…

The license of any social worker to practice in this state shall be subject to restriction, suspension or revocation in case of inability of the licensee to practice social work with reasonable skill and safety to clients by reason of one or more of the following: A. mental disab…

July 1, 2032.) A. The board shall establish a process by which social workers who may be impaired because of a mental disability or habitual or excessive use of controlled substances or alcohol may seek rehabilitation. The intent of the process is to provide impaired social worke…

The board shall, before taking any disciplinary action, set any matter for a hearing pursuant to the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. History: Laws 1989, ch. 51, § 20.

effective July 1, 2032.) The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Social Work Practice Act. History: Laws 1989, ch. 51, § 21.

Any person who violates any provision of the Social Work Practice Act is guilty of a misdemeanor. History: Laws 1989, ch. 51, § 22.

2032.) A. A licensed social worker shall not be examined without the consent of his client concerning any communication made by the client to him or any advice given to the client in the course of professional employment; nor shall the secretary, stenographer or clerk of a social…

effective July 1, 2032.) The board of social work examiners is terminated on July 1, 2031 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Social Work Practice Act until July 1, 2032. Effective July …

As used in the Social Work Practice Act: A. "advisory committee" means an evaluation advisory committee; B. "appropriate supervision" means supervision by a licensed clinical social worker or licensed independent social worker with two years of supervised social work practice exp…

A. Effective January 1, 1990, unless licensed to practice social work under the Social Work Practice Act, no person shall: (1) practice as an independent social worker, clinical social worker, master of social work or bachelor of social work as defined in the Social Work Practice…

qualifications. (Repealed effective July 1, 2032.) After receipt of an application, requisite fees and documentation in accordance with board rules, the board shall issue in a timely manner a license to practice as a licensed independent social worker to an individual who: A. is …

(Repealed effective July 1, 2032.) After receipt of an application, requisite fees and documentation in accordance with board rules, the board shall issue in a timely manner a license to practice as a licensed clinical social worker to an individual who: A. is at least eighteen y…

(Repealed effective July 1, 2032.) After receipt of an application, requisite fees and documentation in accordance with board rules, the board shall issue in a timely manner a license to practice as a licensed master of social work to an individual who: A. is at least eighteen ye…

qualifications. (Repealed effective July 1, 2032.) After receipt of an application, requisite fees and documentation in accordance with board rules, the board shall issue in a timely manner a license to practice as a licensed bachelor of social work to an individual who: A. is at…

July 1, 2032.) An individual providing appropriate supervision as defined in Section 61-31-3 NMSA 1978 shall conform to supervision guidelines that the board establishes by rule. History: Laws 2019, ch. 143, § 15.

2032.) A. Except as otherwise provided in the Social Work Practice Act, it is unlawful for an individual not licensed as a social worker to: (1) engage in the practice of social work; (2) hold the individual out as a social worker or claim to be a social worker or use the title o…

A. For the purposes of the Social Work Practice Act, a person is practicing social work if the person advertises, offers to practice, is employed in a position described as social work or holds out to the public or represents in any manner that the person is licensed to practice …

A. There is created the "board of social work examiners". B. The board shall be administratively attached to the department. C. The board shall consist of seven members who are representative of the geographic and ethnic groups within New Mexico, who have been New Mexico resident…

In addition to any authority provided by law, the board shall have the authority to: A. adopt and file, in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], rules necessary to carry out the provisions of the Social Work Practice Act, in accordance with the pr…

Chapter 61, Article 32 NMSA 1978 may be cited as the "Funeral Services Act". History: 1978 Comp., § 61-32-1, enacted by Laws 1993, ch. 204, § 1; 1999, ch. 284, § 1; 2012, ch. 48, § 3.

2030.) After successful completion of a jurisprudence examination, the board may license an applicant as a funeral service practitioner, funeral arranger or embalmer; provided the applicant possesses a valid license or its equivalent for the practice of funeral service issued by …

commercial establishments; direct disposition establishments; crematories. (Repealed effective July 1, 2030.) A. Funeral establishment licenses shall only be granted under the following terms and conditions: (1) applications for licensure shall be upon forms furnished by the boar…

2030.) A. Initial licenses shall be issued for the remainder of the year in which the license is granted, as established by rule. B. A license issued by the board shall at all times be posted in the establishment or crematory in a conspicuous place. History: 1978 Comp., § 61-32-1…

(Repealed effective July 1, 2030.) A. Each establishment shall have a full-time funeral service practitioner; provided the establishment license is a privilege granted to the person to whom it is issued and is not transferable to other owners or operators or to another location t…

(Repealed effective July 1, 2030.) A. A funeral service intern does not have the rights and duties of a funeral service practitioner and is only subordinate to the funeral service practitioner. The scope of what a funeral service intern is permitted to do depends on the activity …

effective July 1, 2030.) A. Except as otherwise provided in the Funeral Services Act, a direct disposer may transport and dispose of a dead human body and participate in any rites or ceremonies after final disposition of the body. B. Prior to interment, entombment or other final …

limitations. (Repealed effective July 1, 2030.) A. The scope of practice of a commercial establishment depends on the entity for whom the commercial establishment is acting as an agent and is subject to the following terms and conditions: (1) when acting under the direction of a …

disposition of cremains. (Repealed effective July 1, 2030.) A. No cremation shall be performed until all necessary documentation is obtained authorizing the cremation. B. An adult person may authorize the person's own cremation and the lawful disposition of the person's cremains …

effective July 1, 2030.) A. The scope of practice of a crematory and its crematory authority is limited to cremation of dead human bodies and pulverization of cremains. A crematory and its crematory authority shall act as an agent of licensed funeral, commercial or direct disposi…

In the interest of public health, safety and welfare and to protect the public from the unprofessional, improper, incompetent and unlawful practice of the care and disposition of the dead human body, it is necessary to provide laws and regulations to govern the handling and care …

A. All dead human bodies not disposed of within twenty-four hours after death or release or receipt by the establishment or crematory shall be embalmed in accordance with the Funeral Services Act or stored under refrigeration as determined by board rule, unless otherwise required…

A. All licenses expire annually and shall be renewed by submitting a completed renewal application, accompanied by the required fees, on a form provided by the board. B. The board may require proof of continuing education or other proof of competency as a requirement for renewal;…

A. A funeral service practitioner, funeral arranger, embalmer, funeral service intern or direct disposer who has a current license may request that the license be placed on inactive status. Except as provided in Subsection E of this section, the board shall approve each request f…

Except as provided in Section 61-1-34 NMSA 1978, the board shall establish by rule a schedule of reasonable fees and fines for applications, examinations, licenses, inspections, renewals, penalties, reinstatements and necessary administrative fees. All fees collected shall be dep…

effective July 1, 2030.) A. The board, in accordance with the procedures set forth in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], may take disciplinary action against any licensee, temporary licensee or applicant. B. The board has the authority to take any action set…

A. No person licensed pursuant to the provisions of the Funeral Services Act shall advertise under any name that tends to mislead the public or that sufficiently resembles the professional or business name of another license holder or that may cause confusion or misunderstanding.…

A. There is created in the state treasury the "funeral services fund". B. All fees and costs received or collected by the board or the department pursuant to provisions of the Funeral Services Act shall be deposited with the state treasurer for credit to the funeral services fund…

July 1, 2030.) The provisions of the Criminal Offender Employment Act [Chapter 28, Article 2 NMSA 1978] shall govern any consideration of criminal records required or permitted pursuant to the provisions of the Funeral Services Act. History: Laws 1993, ch. 204, § 27; 2012, ch. 48…

1, 2030.) All written and oral communications made to the board relating to potential disciplinary action shall be subject to the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978]. History: Laws 1993, ch. 204, § 28; 1999, ch. 284, § 20.

Nothing in the Funeral Services Act shall be construed to: A. prohibit a funeral service practitioner or funeral service intern under the supervision of a funeral service practitioner from providing a direct disposition at a funeral or commercial establishment; or B. govern or li…

As used in the Funeral Services Act: A. "board" means the board of funeral services; B. "committal service" means a service at a place of interment or entombment that follows a funeral conducted at another location; C. "cremains" means cremated remains; D. "cremation" means the r…

A person who commits any of the following acts is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment of less than one year, or both: A. violation of any …

July 1, 2030.) The provisions of Section 61-1-3.2 NMSA 1978 notwithstanding, the board may impose a fine in an amount not to exceed two thousand dollars ($2,000) and costs on a person who is found to have acted without a license in violation of the Funeral Services Act by a court…

(Repealed effective July 1, 2030.) A. Notwithstanding the provisions of Sections 61-1-3 and 61-32-24 NMSA 1978, if the board has reasonable cause to believe a person is committing a violation of a provision of the Funeral Services Act, or a rule adopted pursuant to that act, that…

effective July 1, 2030.) The board of funeral services is terminated on July 1, 2029 pursuant to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of Section 12-9-18 NMSA 1978 until July 1, 2030. Effec…

A. Unless licensed to practice under the Funeral Services Act, a person shall not: (1) practice as a funeral service practitioner, funeral arranger, embalmer, funeral service intern or direct disposer; (2) use the title or make any representation as being a funeral service practi…

A. There is created the "board of funeral services". B. The board is administratively attached to the department. C. The board consists of six members. Three members shall be funeral service practitioners who have been licensed in this state for at least five years; two members s…