HOUSE BILL 574
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Sharon Clahchischilliage
AN ACT
RELATING TO PROFESSIONAL LICENSING; AMENDING SECTIONS OF THE COUNSELING AND THERAPY PRACTICE ACT TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR LICENSEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-9A-11 NMSA 1978 (being Laws 1993, Chapter 49, Section 11, as amended) is amended to read:
"61-9A-11. PROFESSIONAL CLINICAL MENTAL HEALTH COUNSELOR--REQUIREMENTS FOR LICENSURE.--The board shall issue a license as a professional clinical mental health counselor to any person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
A. has reached the age of twenty-one;
B. holds a master's or doctoral degree in a counseling or counseling-related field, as defined by rule, from an accredited institution. The applicant must have a master's degree and a total of no less than forty-eight graduate semester hours or seventy-two quarter hours in the mental health clinical core curriculum;
C. demonstrates professional competency by passing the required examination as prescribed by the board;
D. has a minimum of two years of professional clinical counseling experience, including at least three thousand clinical contact hours and at least one hundred hours of face-to-face supervision. One thousand client clinical contact hours may be submitted from the applicant's internship or practicum; [and]
E. is of good moral character with conduct consistent with the code of ethics; and
F. has undergone a criminal background check, at cost to the applicant, in accordance with board rules."
SECTION 2. Section 61-9A-11.1 NMSA 1978 (being Laws 1999, Chapter 161, Section 10, as amended) is amended to read:
"61-9A-11.1. PROFESSIONAL CLINICAL MENTAL HEALTH COUNSELOR--REQUIREMENTS FOR LICENSURE.--The board shall issue a license as a professional clinical mental health counselor to any person who files a completed application accompanied by the required fees within the July 1, 2005 through July 1, 2007 period and who submits satisfactory evidence that the applicant:
A. has reached the age of twenty-one;
B. holds a current professional mental health counselor license;
C. holds a master's or doctoral degree from an accredited institution;
D. demonstrates professional competency by satisfactorily passing the required examinations as prescribed by the board;
E. has a minimum of three thousand hours of client contact experience, including at least one hundred hours of face-to-face supervision or a minimum of ten thousand hours of client contact experience, including at least two hundred hours of face-to-face supervision; [and]
F. is of good moral character with conduct consistent with the code of ethics; and
G. has undergone a criminal background check, at cost to the applicant, in accordance with board rules."
SECTION 3. Section 61-9A-12 NMSA 1978 (being Laws 1993, Chapter 49, Section 12, as amended) is amended to read:
"61-9A-12. MARRIAGE AND FAMILY THERAPIST--REQUIREMENTS FOR LICENSURE.--The board shall issue a license as a marriage and family therapist to a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
A. has reached the age of twenty-one;
B. holds a master's or doctoral degree with a focus in marriage and family therapy and meets the requirements of the marriage and family therapy core curriculum, as defined by rule, in marriage and family therapy from an accredited institution;
C. demonstrates professional competency by passing the examinations as prescribed by the board;
D. has a minimum of two years of postgraduate marriage and family therapy experience consisting of one thousand client contact hours and two hundred hours of appropriate clinical supervision, of which one hundred hours of such supervision was on an individual basis; [and]
E. is of good moral character with conduct consistent with the code of ethics; and
F. has undergone a criminal background check, at cost to the applicant, in accordance with board rules."
SECTION 4. Section 61-9A-12.1 NMSA 1978 (being Laws 2005, Chapter 210, Section 11) is amended to read:
"61-9A-12.1. LICENSED ASSOCIATE MARRIAGE AND FAMILY THERAPIST OR COUNSELOR--REQUIREMENTS FOR LICENSURE.--The board shall issue a license as an associate marriage and family therapist or counselor to a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
A. has reached the age of twenty-one;
B. holds a master's or doctoral degree with a focus in marriage and family therapy or counselor from an accredited institution and meets the requirements of the marriage and family therapy or counselor core curriculum, as defined by rule;
C. has arranged for appropriate clinical supervision, as defined by rule, to meet the requirements for a licensed associate marriage and family therapist;
D. demonstrates professional competence by passing an examination within the applicant's discipline as prescribed by the board; [and]
E. is of good moral character with conduct consistent with the code of ethics; and
F. has undergone a criminal background check, at cost to the applicant, in accordance with board rules."
SECTION 5. 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 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 a master's or doctoral degree in art therapy, counseling or counseling-related field from an accredited institution or nationally approved art therapy 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) 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]
(6) is of good moral character with conduct consistent with the code of ethics; and
(7) has undergone a criminal background check, at cost to the applicant, in accordance with board rules.
B. Effective July 1, 2005, applicants must meet the art therapy core curriculum, as defined by rule."
SECTION 6. Section 61-9A-14 NMSA 1978 (being Laws 1993, Chapter 49, Section 14, as amended) is amended to read:
"61-9A-14. REQUIREMENTS FOR LICENSED MENTAL HEALTH COUNSELOR.--The board shall issue a license as a mental health associate to any person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
A. has reached the age of twenty-one;
B. holds either a master's or doctoral degree from an accredited institution in a counseling or counseling-related field, as defined by rule and a total of no less than forty-eight graduate semester hours or seventy-two quarter hours in the core curriculum;
C. has arranged for an appropriate clinical supervision plan and a postgraduate experience plan, as defined by rule, to meet the licensing requirements for a:
(1) professional art therapist;
(2) professional mental health counselor; or
(3) professional clinical mental health counselor;
D. demonstrates professional competence by passing an examination within the applicant's discipline as prescribed by the board; [and]
E. is of good moral character with conduct consistent with the code of ethics; and
F. has undergone a criminal background check, at cost to the applicant, in accordance with board rules."
SECTION 7. Section 61-9A-14.1 NMSA 1978 (being Laws 1996, Chapter 61, Section 8, as amended) is amended to read:
"61-9A-14.1. SUBSTANCE ABUSE ASSOCIATE--REQUIREMENTS FOR LICENSURE.--
A. Effective July 1, 2005, the board shall license as a substance abuse associate any person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant as defined by rule:
(1) is of good moral character, with conduct consistent with the code of ethics;
(2) has reached the age of twenty-one;
(3) holds an associate degree in a counseling, counseling-related field or substance abuse-related field from an accredited institution and has a total of ninety clock hours of education and training in the fields of alcohol and drug abuse counseling; [and]
(4) has arranged for an appropriate supervision plan, as defined by rule, to meet the requirements for licensure as a substance abuse associate; and
(5) has undergone a criminal background check, at cost to the applicant, in accordance with board rules.
B. The applicant shall also provide two letters of recommendation."
SECTION 8. 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 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 abuse counseling, six hours of professional ethics, three years and three thousand client [contract] contact 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 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 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; and
E. has undergone a criminal background check, at cost to the applicant, in accordance with board rules."
- 10 -