0001| HOUSE BILL 790
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| THOMAS G. DOLLIVER
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO SUBSTANCE ABUSE; PROVIDING FOR THE LICENSURE OF
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0013| ALCOHOL AND DRUG ABUSE COUNSELORS; AMENDING AND ENACTING
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0014| SECTIONS OF THE COUNSELING AND THERAPY PRACTICE ACT.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 61-9A-3 NMSA 1978 (being Laws 1993,
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0018| Chapter 49, Section 3) is amended to read:
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0019| "61-9A-3. DEFINITIONS.--As used in the Counseling and
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0020| Therapy Practice Act:
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0021| A. "accredited institution" means a university or
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0022| college accredited by a nationally recognized accrediting agency
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0023| of institutions of higher education or an approved institution
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0024| or program as determined by the board;
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0025| B. "alcohol abuse counselor" means an individual
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0001| who engages in the practice of alcohol abuse counseling;
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0002| C. "alcohol and drug abuse counselor" means an
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0003| individual who engages in the practice of alcohol and drug abuse
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0004| counseling;
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0005| [B.] D. "appraisal" means selecting,
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0006| administering, scoring and interpreting instruments designed to
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0007| assess an individual's aptitudes, attitudes, abilities,
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0008| achievements, interests, personal characteristics and current
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0009| emotional or mental state by appropriately educated, trained and
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0010| experienced clinicians and the use of nonstandardized methods
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0011| and techniques for understanding human behavior in relation to
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0012| coping with, adapting to or changing life situations of a
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0013| physical, mental or emotional nature;
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0014| [C.] E. "appropriate supervision" means
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0015| supervision by a professional clinical mental health counselor,
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0016| professional mental health counselor, marriage and family
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0017| therapist, professional art therapist, psychiatrist,
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0018| psychologist, social worker, psychiatric nurse or other similar
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0019| supervision approved by the board;
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0020| [D.] F. "board" means the counseling and therapy
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0021| practice board;
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0022| [E.] G. "clinical counseling" means the
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0023| rendering of counseling services involving the application of
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0024| principles of psychotherapy, human development, learning theory,
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0025| group dynamics and the etiology of mental illness and
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0001| dysfunctional behavior to individuals, couples, families or
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0002| groups for the purpose of treating psychopathology and promoting
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0003| optimal mental health;
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0004| [F.] H. "consulting" means the application of
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0005| scientific principles and procedures in psychotherapeutic
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0006| counseling, guidance and human development to provide assistance
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0007| in understanding and solving a problem that the consultee may
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0008| have in relation to a third party;
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0009| [G.] I. "counseling" means the application of
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0010| scientific principles and procedures in therapeutic counseling,
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0011| guidance and human development to provide assistance in
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0012| understanding and solving a mental, emotional, physical, social,
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0013| moral, educational, spiritual or career development and
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0014| adjustment problem that a client may have;
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0015| [H. "counselor and therapist practice"]
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0016| J. "counseling and therapy practice" means the
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0017| practice of professional art therapy, professional clinical
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0018| mental health counseling, professional mental health counseling,
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0019| [and] marriage and family therapy, alcohol abuse counseling,
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0020| drug abuse counseling and alcohol and drug abuse counseling;
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0021| [I.] K. "counselor and therapist practitioners"
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0022| means professional art therapists, professional clinical mental
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0023| health counselors, professional mental health counselors,
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0024| [and] marriage and family therapists, registered mental
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0025| health counselors, registered independent mental health
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0001| counselors, alcohol abuse counselors, drug abuse counselors and
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0002| alcohol and drug abuse counselors as a group;
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0003| [J.] L. "department" means the regulation and
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0004| licensing department or the division of the department
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0005| designated to administer the counseling and therapy practice
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0006| board;
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0007| M. "drug abuse counselor" means an individual who
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0008| engages in the practice of drug abuse counseling;
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0009| [K.] N. "[marital] marriage and family
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0010| therapy" means the diagnosis and treatment of nervous and mental
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0011| disorders, whether cognitive, affective or behavioral, within
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0012| the context of [marital] marriage and family systems;
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0013| [L.] O. "marriage and family therapist" means an
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0014| individual who engages in the practice of marriage and family
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0015| therapy;
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0016| [M.] P. "mental disorder" means any of several
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0017| conditions or disorders that meet the diagnostic criteria
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0018| contained in the diagnostic and statistical manual of the
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0019| American psychiatric association or the world health
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0020| organization's international classification of diseases manual;
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0021| Q. "practice of alcohol and drug abuse counseling"
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0022| means the rendering of counseling services, as defined by
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0023| regulation of the board, to individuals, couples, families or
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0024| groups. The services may include screening, assessment,
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0025| consultation, development of treatment plans, case management,
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0001| counseling, referral, appraisal, crisis intervention, education,
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0002| reporting and record keeping;
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0003| [N.] R. "practice of art therapy" means the
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0004| rendering to individuals, families or groups of services that
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0005| use art media as a means of expression and communication to
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0006| promote perceptive, intuitive, affective and expressive
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0007| experiences that alleviate distress, reduce physical, emotional,
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0008| behavioral and social impairment and lead to growth or
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0009| reintegration of one's personality. Art therapy services
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0010| include, but are not limited to, diagnostic evaluation,
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0011| development of patient treatment plans, goals and objectives,
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0012| case management services and therapeutic treatment as defined
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0013| by regulation of the board;
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0014| [O.] S. "practice of marriage and family
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0015| therapy" means the rendering of [marital] marriage and
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0016| family therapy services to individuals, family groups and
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0017| marital couples, singly or in groups. The "practice of marriage
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0018| and family therapy" involves the professional application of
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0019| psychotherapeutic and family systems theories and techniques,
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0020| as defined by regulation of the board, in the delivery of
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0021| services to individuals, [marital] married couples and
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0022| families and involves the presence of a diagnosed mental or
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0023| physical disorder in at least one member of the couple or family
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0024| being treated;
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0025| [P.] T. "practice of professional clinical
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0001| mental health counseling" means the rendering of mental health
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0002| counseling to individuals, couples, families or groups and the
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0003| diagnosis and treatment of mental and emotional disorders,
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0004| including psychopathology as defined by the American psychiatric
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0005| association or the world health organization. "Practice of
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0006| professional clinical mental health counseling" includes, but is
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0007| not limited to, development of patient treatment plans, goals
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0008| and objectives, case management services, therapeutic treatment,
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0009| research and clinical mental health appraisal, consulting,
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0010| counseling and referral as defined by regulation of the board;
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0011| [Q.] U. "practice of professional mental health
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0012| counseling" means the rendering of a therapeutic counseling
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0013| service that integrates a wellness and multicultural model of
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0014| human behavior involving certain methods and techniques of
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0015| appraisal, including, but not limited to, consulting, counseling
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0016| and referral as defined by regulation of the board;
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0017| [R.] V. "practice of registered mental health
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0018| counseling" means the rendering, under appropriate supervision,
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0019| of a therapeutic counseling service that integrates a wellness
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0020| and multicultural model of human behavior involving certain
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0021| methods and techniques of appraisal, including, but not limited
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0022| to, consulting, counseling and referral as defined by regulation
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0023| of the board;
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0024| [S.] W. "professional art therapist" means an
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0025| individual who engages in the practice of art therapy;
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0001| [T.] X. "professional clinical mental health
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0002| counselor" means an individual who engages in the independent
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0003| practice of professional clinical mental health counseling
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0004| without supervision;
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0005| [U.] Y. "professional mental health counselor"
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0006| means an individual who engages in the practice of professional
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0007| mental health counseling without supervision;
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0008| [V.] Z. "referral" means the evaluation of
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0009| information to identify needs of the person being counseled to
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0010| determine the advisability of sending the person being counseled
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0011| to other specialists, informing the person being counseled of
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0012| such judgment and communicating the information to other
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0013| counseling services as deemed appropriate; [and
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W.] AA. "registered mental health counselor"
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0015| means an individual who is [certified by] registered with
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0016| the board and is authorized by the board to engage in the
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0017| practice of mental health counseling under appropriate
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0018| supervision;
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0019| BB. "substance abuse counselor" means an individual
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0020| who is licensed to practice alcohol and drug abuse counseling,
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0021| alcohol abuse counseling or drug abuse counseling; and
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0022| CC. "substance abuse intern" means an individual
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0023| who is registered to practice alcohol and drug abuse counseling,
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0024| alcohol abuse counseling or drug abuse counseling under
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0025| appropriate supervision."
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0001| Section 2. Section 61-9A-4 NMSA 1978 (being Laws 1993,
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0002| Chapter 49, Section 4) is amended to read:
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0003| "61-9A-4. LICENSE OR [CERTIFICATE] REGISTRATION
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0004| REQUIRED.--
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0005| A. After July 1, 1994, unless licensed or
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0006| [certified] registered to practice under the Counseling and
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0007| Therapy Practice Act, no person shall engage in the practice of:
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0008| [A.] (1) professional mental health
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0009| counseling;
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0010| [B.] (2) professional clinical mental health
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0011| counseling;
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0012| [C.] (3) marriage and family therapy;
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0013| [D.] (4) professional art therapy; or
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0014| [E.] (5) counseling as a registered mental
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0015| health counselor.
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0016| B. After January 1, 1998, unless licensed or
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0017| registered to practice under the Counseling and Therapy Practice
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0018| Act, no person shall engage in the practice of:
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0019| (1) alcohol and drug abuse counseling;
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0020| (2) alcohol abuse counseling;
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0021| (3) drug abuse counseling; or
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0022| (4) substance abuse counseling as a substance
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0023| abuse intern."
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0024| Section 3. Section 61-9A-5 NMSA 1978 (being Laws 1993,
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0025| Chapter 49, Section 5) is amended to read:
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0001| "61-9A-5. SCOPE OF PRACTICE.--
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0002| A. For the purpose of the Counseling and Therapy
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0003| Practice Act, a person is practicing as a professional mental
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0004| health counselor, professional clinical mental health counselor,
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0005| marriage and family therapist, professional art therapist,
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0006| [or] registered mental health counselor, alcohol and drug
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0007| abuse counselor, alcohol abuse counselor, drug abuse counselor
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0008| or substance abuse intern if he advertises; offers himself to
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0009| practice; is employed in a position described as professional
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0010| mental health counselor, professional clinical mental health
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0011| counselor, marriage and family therapist, professional art
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0012| therapist, [or] registered mental health counselor, alcohol
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0013| and drug abuse counselor, alcohol abuse counselor, drug abuse
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0014| counselor or substance abuse intern; or holds out to the public
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0015| or represents in any manner that he is licensed or [certified]
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0016| registered to practice as such in this state.
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0017| B. The scope of the practice of alcohol or drug
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0018| abuse counseling, or both, consists of rendering counseling
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0019| services, as defined by regulation, to individuals, couples,
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0020| families or groups. The services may include screening,
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0021| assessment, consultation, development of treatment plans, case
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0022| management, counseling, referral, appraisal, crisis
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0023| intervention, education, reporting and recordkeeping."
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0024| Section 4. Section 61-9A-6 NMSA 1978 (being Laws 1993,
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0025| Chapter 49, Section 6) is amended to read:
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0001| "61-9A-6. EXEMPTIONS.--
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0002| A. Nothing in the Counseling and Therapy Practice
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0003| Act shall be construed to prevent:
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0004| (1) any individual who is licensed, certified
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0005| or regulated under the laws of this state from engaging in
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0006| activities consistent with the standards and ethics of his
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0007| profession or practice; or
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0008| (2) an alternative, metaphysical or holistic
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0009| practitioner from engaging in nonclinical activities consistent
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0010| with the standards and codes of ethics of that practice.
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0011| B. Specifically exempted from [this act] the
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0012| Counseling and Therapy Practice Act are:
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0013| (1) elementary and secondary school counselors
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0014| acting on behalf of their employer who are otherwise regulated;
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0015| [(2) alcohol or drug abuse counselors working
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under appropriate supervision for a nonprofit corporation,
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association or similar entity;
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(3)] (2) peer counselors of domestic
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0019| violence or independent-living peer counselors working under
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0020| appropriate supervision in a nonprofit corporation, association
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0021| or similar entity;
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0022| [(4)] (3) duly ordained, commissioned or
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0023| licensed ministers of a church or lay pastoral-care assistants
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0024| providing pastoral services on behalf of a church;
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0025| [(5) students enrolled in a graduate-level
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counselor and therapist training program and rendering services
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under supervision]
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0003| (4) a person who is enrolled in an organized
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0004| training program to qualify for licensure as a counselor or
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0005| therapist and is under direct supervision of a licensed
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0006| counselor or therapist or other appropriate supervision, as
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0007| approved by the board;
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0008| [(6)] (5) hypnotherapists certified by the
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0009| American council of hypnotist examiners or the southwest
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0010| hypnotherapists examining board, providing nonclinical services
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0011| from July 1, 1994 to June 30, 1998;
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0012| [(7)] (6) pastoral counselors with master's
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0013| or doctoral degrees who are certified by the American
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0014| association of pastoral counselors from July 1, 1994 to June 30,
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0015| 1998;
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0016| [(8)] (7) practitioners of Native American
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0017| healing arts; and
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0018| [(9)] (8) state employees at the discretion
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0019| of the [department secretary] head of the employing agency."
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0020| Section 5. Section 61-9A-7 NMSA 1978 (being Laws 1993,
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0021| Chapter 49, Section 7) is amended to read:
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0022| "61-9A-7. BOARD CREATED--MEMBERS--APPOINTMENT--TERMS--COMPENSATION.--
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0023| A. There is created the "counseling and therapy
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0024| practice board", which is administratively attached to the
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0025| department.
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0001| B. The board shall consist of [eight] nine
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0002| members who are United States citizens and have been New Mexico
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0003| residents for at least five years prior to their appointment.
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0004| Of the [eight] nine members:
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0005| (1) [four] five members shall be
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0006| professional members, who shall be a professional mental health
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0007| counselor, a professional clinical mental health counselor, a
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0008| marriage and family therapist [and], a professional art
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0009| therapist and an alcohol and drug abuse counselor, licensed
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0010| under the Counseling and Therapy Practice Act and shall have
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0011| engaged in a counselor and therapist practice for at least five
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0012| years. These members shall not hold any elected or appointed
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0013| office in any professional organization of counseling,
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0014| psychology or closely related field during their tenure on the
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0015| board, nor shall they be school owners. The initial [four]
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0016| professional members shall meet requirements for licensure and
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0017| be licensed within one year after the effective date of the
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0018| [Counseling and Therapy Practice Act] licensure
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0019| requirements. The professional mental health counselor shall
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0020| also represent the registered mental health counselors; and
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0021| (2) four members shall represent the public.
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0022| The public members shall not have been licensed or have
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0023| practiced as counselor or therapist practitioners or in any
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0024| other regulated mental health profession, nor have any
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0025| significant financial interest, either direct or indirect, in
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0001| the professions regulated.
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0002| C. All members of the board shall be appointed by
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0003| the governor for staggered terms of four years, except that the
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0004| initial board shall be appointed so that the terms of one
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0005| professional and one public member expire June 30, 1994, the
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0006| terms of one professional and one public member expire June 30,
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0007| 1995, the terms of one professional and one public member
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0008| expire on June 30, 1996 and the terms of one professional and
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0009| one public member expire June 30, 1997. The alcohol and drug
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0010| abuse counselor shall be appointed to a four-year term beginning
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0011| July 1, 1996. Each member shall hold office until his
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0012| successor is appointed. Vacancies shall be filled in the same
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0013| manner as original appointments. No appointee shall serve more
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0014| than two terms.
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0015| D. The governor may appoint professional board
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0016| members from a list of nominees submitted by qualified
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0017| individuals and organizations, including the New Mexico
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0018| counseling association, the New Mexico association for marriage
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0019| and family therapy [and], the New Mexico art therapy
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0020| association and the alcohol and drug directors association.
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0021| E. Members of the board shall be reimbursed as
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0022| provided in the Per Diem and Mileage Act and shall receive no
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0023| other compensation, perquisite or allowance.
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0024| F. The board shall elect annually from its
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0025| membership a chairman and a secretary and other officers as
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0001| necessary to carry out its duties.
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0002| G. The board shall meet at least twice a year and at
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0003| other times deemed necessary. Other meetings may be called by
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0004| the chairman upon the written request of three members of the
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0005| board. A simple majority of the board members shall constitute
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0006| a quorum of the board."
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0007| Section 6. Section 61-9A-8 NMSA 1978 (being Laws 1993,
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0008| Chapter 49, Section 8) is amended to read:
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0009| "61-9A-8. DEPARTMENT DUTIES.--The department, with the
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0010| consultation of the board, shall:
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0011| A. process applications and conduct and review the
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0012| required examinations;
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0013| B. issue licenses and certificates of registration
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0014| to applicants who meet the requirements of the Counseling and
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0015| Therapy Practice Act;
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0016| C. administer, coordinate and enforce the provisions
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0017| of the Counseling and Therapy Practice Act and investigate
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0018| persons engaging in practices [which] that may violate the
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0019| provisions of that act;
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0020| D. hire staff as necessary to carry out the
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0021| provisions of the Counseling and Therapy Practice Act;
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0022| E. maintain records, including financial records;
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0023| and
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0024| F. maintain a current register of licensees and
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0025| registrants as a matter of public record."
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0001| Section 7. Section 61-9A-9 NMSA 1978 (being Laws 1993,
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0002| Chapter 49, Section 9) is amended to read:
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0003| "61-9A-9. BOARD--POWERS AND DUTIES.--
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0004| A. The board shall have the power to:
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0005| (1) adopt in accordance with the Uniform
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0006| Licensing Act and file in accordance with the State Rules Act
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0007| rules and regulations necessary to carry out the provisions of
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0008| the Counseling and Therapy Practice Act;
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0009| (2) select and provide for the administration
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0010| of, at least, [semiannually] semiannual examinations for
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0011| licensure;
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0012| (3) establish [by rule] the passing scores
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0013| for examinations;
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0014| (4) [deny, suspend or revoke a license or
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certificate of registration in accordance with] take any
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0016| disciplinary action allowed by and in accordance with the
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0017| Uniform Licensing Act;
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0018| (5) censure, reprimand or place a licensee or
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0019| registrant on probation for a period not to exceed one year;
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0020| (6) require and establish criteria for
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0021| continuing education;
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0022| (7) establish by rule procedures for receiving,
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0023| investigating and resolving complaints;
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0024| (8) approve appropriate supervision and
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0025| postgraduate experience for persons seeking licensure or
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0001| [certification] registration;
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0002| (9) provide for the issuance of licenses and
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0003| certificates of registration;
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0004| (10) determine eligibility of individuals for
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0005| licensure or [certification] registration;
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0006| (11) set fees for administrative services,
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0007| licenses and [certificates of] registration, as authorized by
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0008| the Counseling and Therapy Practice Act, and authorize all
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0009| disbursements necessary to carry out the provisions of that act;
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0010| (12) establish criteria for supervision [of
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registered mental health counselors and professional mental
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health counselors in training to become professional clinical
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mental health counselors;
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(13) adopt rules implementing an "impaired
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counselor and therapist practitioner treatment program";
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(14) approve supervisors for registered mental
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health counselors and professional mental health counselors in
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training to become clinical mental health counselors] and
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0019| supervisory requirements; and
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0020| [(15)] (13) establish [professional
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codes] a code of ethics [except for registered mental health
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counselors who shall adhere to the professional mental health
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counselor code of ethics].
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0024| B. The board may establish a standards committee for
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0025| each licensed profession. The members of each standards
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0001| committee shall be appointed by the board with the consent of
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0002| the department and shall include at least one board member from
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0003| the licensed profession and at least one public board member.
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0004| The board member representing each respective profession shall
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0005| chair its standards committee and the committee shall:
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0006| (1) recommend [a professional] and
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0007| periodically review a code of ethics;
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0008| (2) review license applications and recommend
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0009| approval or disapproval;
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0010| (3) develop criteria for supervision; and
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0011| (4) recommend rules and regulations.
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0012| [(5) create long-term professional development
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goals; and
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(6) periodically review the professional code
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of ethics.]
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0016| C. Members of the standards committees may be
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0017| reimbursed as provided in the Per Diem and Mileage Act, but
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0018| shall receive no other compensation, perquisite or allowance.
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0019| These members shall not hold any elected office in any
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0020| professional organization of counseling, psychology or closely
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0021| related field during their tenure on the standards committees."
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0022| Section 8. A new section of the Counseling and Therapy
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0023| Practice Act is enacted to read:
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0024| "[NEW MATERIAL] SUBSTANCE ABUSE COUNSELORS--REQUIREMENTS
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0025| FOR LICENSURE.--
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0001| A. The board shall license as a substance abuse
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0002| intern any person who files a completed application accompanied
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0003| by the required fees and who submits satisfactory evidence that
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0004| the applicant:
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0005| (1) is of good moral character, with conduct
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0006| consistent with the code of ethics;
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0007| (2) is at least eighteen years of age;
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0008| (3) possesses a high school diploma or its
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0009| equivalent;
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0010| (4) has arranged for a board-approved
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0011| supervisor and experience plan for working under appropriate
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0012| supervision to meet the requirements for licensure as a
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0013| substance abuse counselor;
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0014| (5) demonstrates knowledge of a working
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0015| definition of substance abuse treatment and recovery;
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0016| (6) signs a code of ethics statement, as
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0017| approved by the board; and
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0018| (7) provides three letters of recommendation as
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0019| established by rule.
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0020| B. The board shall license as an alcohol and drug
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0021| abuse counselor any person who files a completed application
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0022| accompanied by the required fees and who submits satisfactory
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0023| evidence that the applicant:
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0024| (1) is of good moral character, with conduct
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0025| consistent with the code of ethics;
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0001| (2) is at least eighteen years of age;
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0002| (3) possesses a high school diploma or its
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0003| equivalent;
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0004| (4) has passed an examination, as approved by
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0005| the board;
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0006| (5) signs a code of ethics statement, as
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0007| approved by the board; and
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0008| (6) has one of the following combinations of
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0009| education and experience:
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0010| (a) an associate degree or board-approved
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0011| education and training that includes two hundred seventy clock
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0012| hours with at least ninety hours in each of the fields of
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0013| alcohol, drug and counseling education and training in
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0014| professional ethics, four years of experience in the practice of
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0015| alcohol and drug abuse counseling under appropriate supervision
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0016| and three hundred hours of approved practicum;
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0017| (b) a baccalaureate degree in a related
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0018| mental health field, two hundred seventy clock hours of specific
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0019| training that may be part of the degree program and that
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0020| includes at least ninety hours in each of the fields of alcohol,
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0021| drug and counseling education and training in professional
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0022| ethics and three years of experience in the practice of alcohol
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0023| and drug abuse counseling under appropriate supervision; or
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0024| (c) a master's degree in a related mental
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0025| health field, two hundred seventy clock hours of specific
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0001| training that may be part of the degree program and that
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0002| includes at least ninety hours in each of the fields of alcohol,
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0003| drug and counseling education and training in professional
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0004| ethics and two years of experience in the practice of alcohol
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0005| and drug abuse counseling under appropriate supervision.
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0006| C. The board shall license as an alcohol abuse
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0007| counselor any person who files a completed application
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0008| accompanied by the required fees and who submits satisfactory
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0009| evidence that the applicant:
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0010| (1) is of good moral character, with conduct
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0011| consistent with the code of ethics;
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0012| (2) is at least eighteen years of age;
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0013| (3) possesses a high school diploma or its
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0014| equivalent;
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0015| (4) has passed an examination, as approved by
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0016| the board;
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0017| (5) signs a code of ethics statement, as
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0018| approved by the board; and
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0019| (6) has one of the following combinations of
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0020| education and experience:
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0021| (a) an associate degree or board approved
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0022| education and training that includes one hundred eighty clock
|
0023| hours with at least ninety hours in each of the fields of
|
0024| alcohol and counseling education and training in professional
|
0025| ethics, four years of experience in the practice of alcohol
|
0001| abuse counseling under appropriate supervision and three hundred
|
0002| hours of approved practicum;
|
0003| (b) a baccalaureate degree in a related
|
0004| mental health field, one hundred eighty clock hours of specific
|
0005| training that may be part of the degree program and that
|
0006| includes at least ninety hours in each of the fields of alcohol
|
0007| and counseling education and training in professional ethics and
|
0008| three years of experience in the practice of alcohol abuse
|
0009| counseling under appropriate supervision; or
|
0010| (c) a master's degree in a related mental
|
0011| health field, one hundred eighty clock hours of specific
|
0012| training that may be part of the degree program and that
|
0013| includes at least ninety hours in each of the fields of alcohol
|
0014| and counseling education and training in professional ethics and
|
0015| two years of experience in the practice of alcohol abuse
|
0016| counseling under appropriate supervision.
|
0017| D. The board shall license as a drug abuse counselor
|
0018| any person who files a completed application accompanied by the
|
0019| required fees and who submits satisfactory evidence that the
|
0020| applicant:
|
0021| (1) is of good moral character, with conduct
|
0022| consistent with the code of ethics;
|
0023| (2) is at least eighteen years of age;
|
0024| (3) possesses a high school diploma or its
|
0025| equivalent;
|
0001| (4) has passed an examination, as approved by
|
0002| the board;
|
0003| (5) signs a code of ethics statement, as
|
0004| approved by the board; and
|
0005| (6) has one of the following combinations of
|
0006| education and experience:
|
0007| (a) an associate degree or board-
|
0008| approved education and training that includes one hundred eighty
|
0009| clock hours with at least ninety hours in each of the fields of
|
0010| drug and counseling education and training in professional
|
0011| ethics, four years of experience in the practice of drug abuse
|
0012| counseling under appropriate supervision and three hundred hours
|
0013| of approved practicum;
|
0014| (b) a baccalaureate degree in a related
|
0015| mental health field, one hundred eighty clock hours of specific
|
0016| training that may be part of the degree program and that
|
0017| includes at least ninety hours in each of the fields of drug and
|
0018| counseling education and training in professional ethics and
|
0019| three years of experience in the practice of drug abuse
|
0020| counseling under appropriate supervision; or
|
0021| (c) a master's degree in a related mental
|
0022| health field, one hundred eighty clock hours of specific
|
0023| training that may be part of the degree program and that
|
0024| includes at least ninety hours in each of the fields of drug and
|
0025| counseling education and training in professional ethics and two
|
0001| years of experience in the practice of drug abuse counseling
|
0002| under appropriate supervision."
|
0003| Section 9. A new section of the Counseling and Therapy
|
0004| Practice Act is enacted to read:
|
0005| "[NEW MATERIAL] SUBSTANCE ABUSE COUNSELORS--LICENSURE
|
0006| WITHOUT EXAMINATION.--An applicant for licensure as an alcohol
|
0007| and drug abuse counselor, an alcohol abuse counselor or a drug
|
0008| abuse counselor may be licensed without examination if the
|
0009| applicant files a completed application postmarked on or before
|
0010| January 1, 1997, accompanied by the required fees, and if the
|
0011| board determines that the applicant meets the following
|
0012| requirements for licensure:
|
0013| A. for licensure as an alcohol and drug abuse
|
0014| counselor:
|
0015| (1) the applicant submits verification of
|
0016| current nationally certified alcohol and drug abuse counselor
|
0017| certification or its equivalent; or
|
0018| (2) the applicant meets the educational
|
0019| requirements set forth in the Counseling and Therapy Practice
|
0020| Act and has been engaged in the practice of alcohol and drug
|
0021| abuse counseling for three of the previous four years or has
|
0022| acquired four thousand client contact hours under appropriate
|
0023| supervision primarily in the practice of alcohol and drug abuse
|
0024| counseling and is of good moral character;
|
0025| B. for licensure as an alcohol abuse counselor:
|
0001| (1) the applicant submits verification of
|
0002| current nationally certified alcohol abuse counselor
|
0003| certification or its equivalent; or
|
0004| (2) the applicant meets the educational
|
0005| requirements set forth in the Counseling and Therapy Practice
|
0006| Act and has been engaged in the practice of alcohol abuse
|
0007| counseling for three of the previous four years or has acquired
|
0008| four thousand client contact hours primarily in the practice of
|
0009| alcohol abuse counseling and is of good moral character; or
|
0010| C. for licensure as a drug abuse counselor:
|
0011| (1) the applicant submits verification of
|
0012| current nationally certified alcohol and drug abuse counselor
|
0013| certification or its equivalent; or
|
0014| (2) the applicant meets the educational and
|
0015| training requirements set forth in the Counseling and Therapy
|
0016| Practice Act and has been engaged in the practice of drug abuse
|
0017| counseling for three of the previous four years or has acquired
|
0018| four thousand client contact hours primarily in the practice of
|
0019| drug abuse counseling and is of good moral character."
|
0020| Section 10. Section 61-9A-15 NMSA 1978 (being Laws 1993,
|
0021| Chapter 49, Section 15) is amended to read:
|
0022| "61-9A-15. EXAMINATIONS.--
|
0023| A. Applicants who have met the requirements for
|
0024| licensure shall be scheduled for the next appropriate
|
0025| examination following the approval of the application. The
|
0001| board shall establish by rule the examination application
|
0002| deadline and the requirements for re-examination if the
|
0003| applicant has failed the examination.
|
0004| B. The examination shall cover subjects appropriate
|
0005| to the scope of practice as a professional mental health
|
0006| counselor, a professional clinical mental health counselor, a
|
0007| marriage and family therapist [or], a professional art
|
0008| therapist or a substance abuse counselor."
|
0009| Section 11. Section 61-9A-24 NMSA 1978 (being Laws 1993,
|
0010| Chapter 49, Section 24) is amended to read:
|
0011| "61-9A-24. LICENSE AND [CERTIFICATION] REGISTRATION
|
0012| FEES.--Applicants for licensure or [certification]
|
0013| registration shall pay biennial fees set by the board in an
|
0014| amount not to exceed:
|
0015| A. for application for initial licensure or
|
0016| [certification] registration, seventy-five dollars ($75.00),
|
0017| which is not refundable;
|
0018| B. for licensure or renewal as a professional mental
|
0019| health counselor, three hundred dollars ($300);
|
0020| C. for licensure or renewal as a clinical mental
|
0021| health counselor, marriage and family therapist or
|
0022| professional art therapist, four hundred twenty dollars
|
0023| ($420);
|
0024| D. for [certification] registration or renewal
|
0025| as a registered mental health counselor or registered
|
0001| independent mental health counselor, two hundred forty dollars
|
0002| ($240);
|
0003| E. for all examinations, seventy-five dollars
|
0004| ($75.00) or, if a national examination is used, an amount that
|
0005| shall not exceed the national examination costs by more than
|
0006| twenty-five percent;
|
0007| F. for a duplicate or replacement license or
|
0008| [certificate] registration, twenty-five dollars ($25.00);
|
0009| G. for failure to renew a license or [certificate]
|
0010| registration within the allotted grace period, a late penalty
|
0011| fee not to exceed one hundred dollars ($100); [and]
|
0012| H. reasonable administrative fees; and
|
0013| I. for licensure, registration or renewal as an
|
0014| alcohol and drug abuse counselor, an alcohol abuse counselor, a
|
0015| drug abuse counselor or a substance abuse intern, two hundred
|
0016| dollars ($200)."
|
0017| Section 12. Section 61-9A-26 NMSA 1978 (being Laws 1993,
|
0018| Chapter 49, Section 26) is amended to read:
|
0019| "61-9A-26. LICENSE AND REGISTRATION--DENIAL, SUSPENSION
|
0020| AND REVOCATION.--
|
0021| A. In accordance with the procedures established by
|
0022| the Uniform Licensing Act, the board may deny, suspend or revoke
|
0023| any license or [certificate] registration held or applied
|
0024| for under the Counseling and Therapy Practice Act, or take any
|
0025| other action provided for in the Uniform Licensing Act, upon
|
0001| grounds that the licensee, registrant or applicant:
|
0002| (1) is guilty of fraud, deceit or
|
0003| misrepresentation in procuring or attempting to procure any
|
0004| license or [certificate] registration provided for in the
|
0005| Counseling and Therapy Practice Act;
|
0006| (2) is adjudicated mentally incompetent by
|
0007| regularly constituted authorities;
|
0008| (3) is found guilty of a felony or misdemeanor
|
0009| involving moral turpitude;
|
0010| (4) is found guilty of unprofessional or
|
0011| unethical conduct;
|
0012| (5) has been using any controlled substances,
|
0013| as defined in the Controlled Substances Act, or alcoholic
|
0014| beverage to an extent or in a manner dangerous to himself or any
|
0015| other person or the public or to an extent that the use impairs
|
0016| his ability to perform the work of [a professional mental
|
health counselor, professional clinical mental health counselor,
|
marriage and family therapist, professional art therapist or
|
registered mental health counselor safely to the public] a
|
0020| counselor or therapist practitioner;
|
0021| (6) has violated any provision of the
|
0022| Counseling and Therapy Practice Act or regulations adopted by
|
0023| the board;
|
0024| (7) is grossly negligent in practice as a
|
0025| professional counselor or therapist practitioner;
|
0001| (8) willfully or negligently divulges a
|
0002| professional confidence;
|
0003| (9) demonstrates marked incompetence in
|
0004| practice as a professional counselor or therapist practitioner;
|
0005| or
|
0006| (10) has had a license or [certificate]
|
0007| registration to practice as a [professional mental health
|
counselor, professional clinical mental health counselor,
|
marriage and family therapist, art therapist or registered
|
mental health counselor] counselor, therapist or other mental
|
0011| health practitioner revoked, suspended or denied in any
|
0012| jurisdiction, territory or possession of the United States or
|
0013| another country for acts of the licensee or registrant similar
|
0014| to acts described in this subsection; or
|
0015| (11) knowingly and willfully practices beyond
|
0016| the scope of practice, as defined by the board.
|
0017| B. A certified copy of the record of conviction
|
0018| shall be conclusive evidence of such conviction.
|
0019| C. Disciplinary proceedings may be instituted by the
|
0020| sworn complaint of any person, including members of the board,
|
0021| and shall conform to the provisions of the Uniform Licensing
|
0022| Act. Any party to a hearing may obtain a copy of the hearing
|
0023| record upon payment of costs for such copy.
|
0024| D. A person who violates any provision of the
|
0025| Counseling and Therapy Practice Act is guilty of a misdemeanor
|
0001| and upon conviction shall be punished as provided in Section
|
0002| 31-19-1 NMSA 1978."
|
0003| Section 13. EFFECTIVE DATE.--The effective date of the
|
0004| provisions of this act is July 1, 1996.
|
0005| State of New Mexico
|
0006| House of Representatives
|
0007|
|
0008| FORTY-SECOND LEGISLATURE
|
0009| SECOND SESSION, 1996
|
0010|
|
0011|
|
0012| February 11, 1996
|
0013|
|
0014|
|
0015| Mr. Speaker:
|
0016|
|
0017| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
|
0018| been referred
|
0019|
|
0020| HOUSE BILL 790
|
0021|
|
0022| has had it under consideration and reports same with
|
0023| recommendation that it DO PASS, and thence referred to the
|
0024| JUDICIARY COMMITTEE.
|
0025|
|
0001| Respectfully submitted,
|
0002|
|
0003|
|
0004|
|
0005|
|
0006| Fred Luna, Chairman
|
0007|
|
0008|
|
0009| Adopted Not Adopted
|
0010|
|
0011| (Chief Clerk) (Chief Clerk)
|
0012|
|
0013| Date
|
0014|
|
0015| The roll call vote was 7 For 0 Against
|
0016| Yes: 7
|
0017| No: Corley, Gurule, J.G. Taylor
|
0018| Excused: None
|
0019| Absent: Gubbels, Varela
|
0020|
|
0021|
|
0022|
|
0023|
|
0024| H0790BI1 State of New Mexico
|
0025| House of Representatives
|
0001|
|
0002| FORTY-SECOND LEGISLATURE
|
0003| SECOND SESSION, 1996
|
0004|
|
0005|
|
0006| February 13, 1996
|
0007|
|
0008|
|
0009| Mr. Speaker:
|
0010|
|
0011| Your JUDICIARY COMMITTEE, to whom has been referred
|
0012|
|
0013| HOUSE BILL 790
|
0014|
|
0015| has had it under consideration and reports same with
|
0016| recommendation that it DO PASS.
|
0017|
|
0018| Respectfully submitted,
|
0019|
|
0020|
|
0021|
|
0022|
|
0023| Cisco McSorley, Chairman
|
0024|
|
0025|
|
0001| Adopted Not Adopted
|
0002|
|
0003| (Chief Clerk) (Chief Clerk)
|
0004|
|
0005| Date
|
0006|
|
0007| The roll call vote was 11 For 0 Against
|
0008| Yes: 11
|
0009| Excused: Baca, Sanchez, R.G.
|
0010| Absent: None
|
0011|
|
0012|
|
0013|
|
0014| H0790JC1
|
0015|
|
0016| FORTY-SECOND LEGISLATURE
|
0017| SECOND SESSION, 1996
|
0018|
|
0019|
|
0020| February 14, 1996
|
0021|
|
0022| Mr. President:
|
0023|
|
0024| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
|
0025| referred
|
0001|
|
0002| HOUSE BILL 790
|
0003|
|
0004| has had it under consideration and reports same with
|
0005| recommendation that it DO PASS.
|
0006|
|
0007| Respectfully submitted,
|
0008|
|
0009|
|
0010|
|
0011| __________________________________
|
0012| Shannon Robinson, Chairman
|
0013|
|
0014|
|
0015|
|
0016| Adopted_______________________ Not Adopted_______________________
|
0017| (Chief Clerk) (Chief Clerk)
|
0018|
|
0019|
|
0020| Date ________________________
|
0021|
|
0022|
|
0023| The roll call vote was 7 For 0 Against
|
0024| Yes: Robinson, Garcia, Smith, Howes, Wiener, Naranjo, Rhodes
|
0025| No: None
|
0001| Excused: E. Jennings
|
0002| Absent: None
|
0003|
|
0004|
|
0005| H0790PA1
|
0006|
|
0007|
|