Chapter 61 — Chapter 61

July 1, 2030.) A. Pursuant to Title 11 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act, the board shall issue a registration, license or certificate to a nonresident if the app…

A. Pursuant to Title 11 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act, the board shall recognize, on a temporary basis, the registration, certification or license of a real e…

effective July 1, 2030.) A. Any person who violates any provision of the Real Estate Appraisers Act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months or both. B. In the event a…

ANNOTATIONS Repeals. — Laws 1993, ch. 269, § 22 repealed 61-30-23 NMSA 1978, as enacted by Laws 1990, ch. 75, § 23, providing for waiver of license requirements for 180 days after December 1, 1990 for certain applicants, effective June 18, 1993. For provisions of former section, …

effective July 1, 2030.) The real estate appraisers board is terminated effective July 1, 2029. The Real Estate Appraisers Act shall continue in effect until July 1, 2030. Chapter 61, Article 30 NMSA 1978 is repealed effective July 1, 2030. History: 1978 Comp., § 61-30-24, enacte…

As used in the Real Estate Appraisers Act: A. "appraisal" or "real estate appraisal" means an analysis, opinion or conclusion prepared by a real estate appraiser relating to the nature, quality, value or utility of specified interests in or aspects of identified real estate or re…

2030.) A. The board shall administer and enforce the Real Estate Appraisers Act. B. It is unlawful for a person to engage in the business, act in the capacity of, advertise or display in any manner or otherwise assume to engage in the business of, or act as, a real estate apprais…

July 1, 2030.) A. There is created a "real estate appraisers board" consisting of seven members appointed by the governor. The board is administratively attached to the regulation and licensing department. B. There shall be four real estate appraiser members of the board who shal…

As the terms of current members of the real estate appraisers board expire, the governor shall appoint or reappoint members in a way that provides for future terms to be staggered. History: Laws 1999, ch. 283, § 8.

ANNOTATIONS Repeals. — Laws 1993, ch. 269, § 22 repealed 61-30-6 NMSA 1978, as amended by Laws 1992, ch. 54, § 4, concerning the powers and duties of the board, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.

The board shall: A. promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to implement the provisions of the Real Estate Appraisers Act; B. establish educational programs and research projects related to the appraisal of real estate; C. establi…

2030.) A. The board shall organize by electing a chair and vice chair from among its members annually. A majority of the board shall constitute a quorum and may exercise all powers and duties established by the provisions of the Real Estate Appraisers Act. B. The board shall keep…

2030.) The board may appoint such committees of the board as may be necessary. A member of the board or a committee shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other perquisite, compensation or a…

Chapter 61, Article 31 NMSA 1978 may be cited as the "Social Work Practice Act". History: Laws 1989, ch. 51, § 1; 2006, ch. 4, § 1.

The date and location of the social work licensure examination shall be established by the board. Applicants who have been found to meet the education and experience requirements for licensure shall be scheduled for the next examination following the filing of the application. Th…

Prior to examination, an applicant for licensure who holds a bachelor's degree or master's degree in social work may obtain a provisional license to engage in social work practice as long as the applicant meets all the requirements, except examination, pursuant to the Social Work…

History: Laws 1989, ch. 51, § 12; 1991, ch. 222, § 2; repealed by Laws 2019, ch. 143, § 16.

A. Upon application of an out-of-state licensed social worker, the board shall license a qualified applicant for the licensure level sought as provided in Section 61-1-31.1 NMSA 1978. B. The board shall process the application as soon as practicable but no later than thirty days …

History: Laws 2006, ch. 4, § 8; repealed by Laws 2019, ch. 143, § 16.

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…

History: Laws 1989, ch. 51, § 2; repealed by Laws 2019, ch.143, 16.

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.

History: Laws 1989, ch. 51, § 23; repealed by Laws 2019, ch. 143, § 16.

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…

History: Laws 1989, ch. 51, § 9; 2006, ch. 4, § 5; repealed by Laws 2019, ch. 143, § 16.

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 …