SENATE BILL 494
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Phil A. Griego
AN ACT
RELATING TO PROFESSIONAL AND OCCUPATIONAL LICENSURE; CHANGING THE SCOPES OF PRACTICE; REVISING REQUIREMENTS FOR LICENSURE; AMENDING AND ENACTING SECTIONS OF THE COUNSELING AND THERAPY PRACTICE ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 61-9A-5 NMSA 1978 (being Laws 1993, Chapter 49, Section 5, as amended) is amended to read:
"61-9A-5. SCOPES OF PRACTICE.--
A. For the purpose of the Counseling and Therapy Practice Act, a person is practicing as a professional mental health counselor, professional clinical mental health counselor, marriage and family therapist, professional art therapist, registered independent mental health counselor, registered mental health counselor, licensed mental health counselor, licensed associate marriage and family therapist, alcohol and drug abuse counselor, alcohol abuse counselor, drug abuse counselor or substance abuse associate if [he] the person advertises, offers [himself] to practice, is employed in a position described as professional mental health counselor, professional clinical mental health counselor, marriage and family therapist, professional art therapist, registered independent mental health counselor, alcohol and drug abuse counselor, alcohol abuse counselor, drug abuse counselor or substance abuse counselor associate, or holds out to the public or represents in any manner that [he] the person is licensed or registered to practice as a counselor or therapist enumerated in this section in this state.
B. "Practice of professional clinical mental health counseling" means the application of mental health, psychotherapeutic and human development principles through a therapeutic relationship to:
(1) achieve the mental, emotional, physical, social, moral, educational, spiritual or career-related development and adjustment of the client throughout the client's life;
(2) diagnose, evaluate, prevent and treat mental, emotional or behavioral disorders and associated distresses that interfere with mental health;
(3) conduct appraisal, assessments and evaluations to establish treatment goals and objectives; and
(4) plan, implement and evaluate treatment plans using counseling treatment interventions and strategies.
C. "Practice of professional art therapy" means the licensed practice of counseling or therapy services to individuals, families or groups, of services that use art media as a means of expression and communication to:
(1) achieve the mental, emotional, physical, social, moral, educational, spiritual or career-related development and adjustment of the client throughout the client's life;
(2) diagnose, evaluate, prevent and treat mental, emotional or behavioral disorders and associate distresses that interfere with mental health;
(3) conduct appraisal, assessments and evaluations to establish treatment goals and objectives; and
(4) plan, implement and evaluate treatment plans using counseling or therapy treatment interventions and strategies.
D. "Practice of marriage and family therapy" means the licensed practice of marriage and family therapy services delivered to persons, couples and families treated singly or in groups within the context of family systems to:
(1) achieve the mental, emotional, physical, social, moral, educational, spiritual or career-related development and adjustment of the client throughout the client's life;
(2) diagnose, evaluate, prevent and treat mental, emotional or behavioral disorders and associate distresses that interfere with mental health;
(3) conduct appraisal, assessments and evaluations to establish treatment goals and objectives; and
(4) plan, implement and evaluate treatment plans using marriage and family therapy treatment interventions and strategies.
E. "Practice of licensed professional mental health counselor, licensed mental health [associate] counselor, registered independent counselor and licensed associate marriage and family therapist under an appropriate clinical supervisor" consists of rendering counseling services, which may include evaluation, assessment, consultation, diagnosing, development of treatment plans, case management counseling referral, appraisal, crisis intervention education, reporting and record keeping to individuals, couples, families or groups as defined by rule.
F. The scopes of practice of alcohol and drug abuse counseling, or both, consists of rendering treatment and intervention services specific to alcohol and other drug use disorders to persons, couples, families or groups. The services may include evaluation, assessment, diagnosis of chemical abuse and chemical dependency disorders only, consultation, development of treatment plans, case management-counseling, referral, appraisal, crisis intervention, education, reporting and record keeping. Nothing in this scope of practice shall be construed as preventing licensed alcohol and drug abuse counselors from providing screening and referrals for mental health disorders. However, assessment, treatment and diagnosis for such disorders is not within the scope of practice of this license. The practice of these activities will be limited to the individual's level of training, education and supervised experience. The alcohol and drug abuse counselor may provide therapeutic services that may include treatment of clients with co-occurring disorders or dual diagnosis in an integrated behavioral health setting in which a multidisciplinary team has developed a multidisciplinary treatment plan that is co-authorized by an independently licensed counselor or therapist. The treatment of a mental health disorder must be supervised by an independently licensed counselor or therapist.
G. The scope of practice of a substance abuse associate under the supervision by an appropriate supervisor is limited to supervised work in a public or private institution. The associate may be involved in taking social histories or conducting home studies. The associate utilizes the basic problem-solving process of gathering information, assessing that information at a beginning professional level and developing an intervention plan. The associate may implement the plan and conduct follow-ups pertaining specifically to alcohol and drug abuse counseling. The associate may provide client education and assist a licensed counselor-therapist with group or individual counseling sessions. A substance abuse associate shall not practice independently as a private practitioner."
Section 2. Section 61-9A-13 NMSA 1978 (being Laws 1993, Chapter 49, Section 13, as amended) is amended to read:
"61-9A-13. PROFESSIONAL ART THERAPIST--REQUIREMENTS FOR LICENSURE.--
A. The board shall issue a license as a professional art therapist to [any] a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
(1) has reached the age of twenty-one;
(2) demonstrates professional competency by passing an examination as prescribed by the board;
(3) holds [one of the following:
(a)] a master's or doctoral degree in art therapy, counseling or counseling-related field from an accredited institution or nationally approved art therapy program [in art therapy that includes seven hundred hours of supervised internship experience from an accredited institution;
(b) a master's degree in counseling or a counseling-related field, as defined by rule, has a minimum of twenty-four semester hours of sequential course work in the history, theory and practice of art therapy and has completed seven hundred hours of supervised internship experience from an accredited institution. The board may approve on a case-by-case basis applicants who have a master's degree or a doctoral degree from nonaccredited institutions; or
(c) a master's degree in counseling or a counseling-related field, as defined by rule, and completed a minimum of twenty-four semester hours in an art therapy certificated program from an accredited institution or nationally approved American art therapy association program] with a total of no less than forty-eight graduate semester hours or seventy-two quarter hours in the art therapy core curriculum;
(4) [has completed one thousand client contact hours of postgraduate face-to-face experience under appropriate supervision beyond the requirements in Subparagraphs (a), (b) and (c) of Paragraph (3) of this subsection. Supervision shall be under a New Mexico licensed professional art therapist or certified board art therapist for at least fifty percent of the working hours; and] meets the art therapy core curriculum as defined by rule;
(5) has completed a minimum of two years post-graduate professional experience, three thousand client contact hours and one hundred hours of post-graduate face-to-face experience under appropriate supervision. Seven hundred clinical client contact hours may be from the applicant's internship or practicum program beyond the requirements in Paragraph (3) of this subsection. Supervision shall be under a New Mexico-licensed professional art therapist or certified board therapist for at least fifty percent of the working hours; and
[(5)] (6) is of good moral character with conduct consistent with the code of ethics.
B. Effective July 1, 2005, applicants must meet the art therapy core curriculum, as defined by rule."
Section 3. Section 61-9A-14.2 NMSA 1978 (being Laws 1999, Chapter 161, Section 15, as amended) is amended to read:
"61-9A-14.2. ALCOHOL AND DRUG ABUSE COUNSELOR--REQUIREMENTS FOR LICENSURE.--Effective July 1, 2005, the board shall license as an alcohol and drug abuse counselor a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant, as defined by rule:
A. is of good moral character with conduct consistent with the code of ethics;
B. has reached the age of twenty-one;
C. demonstrates professional competency by passing the required examinations prescribed by the board; and
[D. has provided three letters of recommendation: one letter from a current supervisor, one letter from a current employer and one letter from a professional substance abuse colleague; and
E.] D. has one of the following combinations of education and experience:
(1) an associate degree in counseling, a counseling-related field or a substance abuse-related field from an accredited institution, and education and training that includes two hundred seventy-six clock hours with ninety hours in each of the fields of alcohol and drug [and] abuse counseling, six hours of professional ethics, three years and three thousand client contract hours under appropriate supervision of experience in the practice of alcohol and drug abuse counseling and two hundred hours of face-to-face supervision;
(2) a baccalaureate degree in counseling, a counseling-related field or a substance abuse-related field, as defined by rule, from an accredited institution and education and training that includes two hundred seventy-six clock hours with ninety hours in each of the fields of alcohol and drug [and] abuse counseling and six hours of professional ethics, two years and two thousand client contact hours under appropriate supervision of experience in the practice of alcohol and drug abuse counseling and one hundred hours of face-to-face supervision; or
(3) a master's degree in counseling, a counseling-related field or a substance abuse-related field, as defined by rule, from an accredited institution, and education and training that includes two hundred seventy-six clock hours with ninety hours in each of the fields of alcohol and drug [and] abuse counseling and six hours of professional ethics, one year and one thousand client contact hours under appropriate supervision of experience in the practice of alcohol and drug abuse counseling and fifty hours of face-to-face supervision hours."
Section 4. A new Section 61-9A-14.3 NMSA 1978 is enacted to read:
"61-9A-14.3. [NEW MATERIAL] ALCOHOL AND DRUG ABUSE COUNSELOR--REQUIREMENTS FOR GRANDFATHERED LICENSURE.--
A. Effective July 1, 2007 through July 1, 2010, the board shall license as an alcohol and drug abuse counselor a person who holds a current certified alcohol and drug abuse counselor certification issued between July 1, 1996 and July 1, 2010 and files a completed application accompanied by the required fees and submits satisfactory evidence that the applicant:
(1) is of good moral character with conduct consistent with the code of ethics;
(2) has reached the age of twenty-one;
(3) has submitted evidence of having participated in a total of six thousand client contact hours and three hundred supervised face-to-face hours; and
(4) has completed two hundred seventy-six clock hours of education or training that includes ninety hours in each area of the fields of alcohol and drug abuse counseling and six hours of training in professional ethics acquired within two years of receipt of the application.
B. An applicant who meets the requirements of Subsection A of this section will not be required to complete an examination."
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