45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO MENTAL HEALTH; CLARIFYING THE SCOPE OF PRACTICE FOR ALCOHOL AND SUBSTANCE ABUSE COUNSELORS AND MENTAL HEALTH COUNSELORS; PROVIDING FOR SUBSTANCE ABUSE PEER COUNSELING WITHIN THE CORRECTIONS DEPARTMENT; CHANGING THE REQUIREMENTS FOR SUBSTANCE ABUSE INTERNS.

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. SCOPE 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, alcohol and drug abuse counselor, alcohol abuse counselor, drug abuse counselor or substance abuse intern if he 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, registered mental health counselor, alcohol and drug abuse counselor, alcohol abuse counselor, drug abuse counselor or substance abuse intern; or holds out to the public or represents in any manner that he is licensed or registered to practice as such in this state.

B. The scope of the practice of alcohol or drug abuse counseling, or both, and of mental health counselors in the screening, assessment and treatment of persons with a dual

diagnosis of mental illness and substance abuse shall be promulgated by rule and consists of rendering counseling services [as defined by regulation] to individuals, couples, families or groups. The services may include screening, assessment, consultation, development of treatment plans, case management, counseling, referral, appraisal, crisis intervention, education, reporting and [recordkeeping] record keeping."

Section 2. Section 61-9A-6 NMSA 1978 (being Laws 1993, Chapter 49, Section 6, as amended) is amended to read:

"61-9A-6. EXEMPTIONS.--

A. Nothing in the Counseling and Therapy Practice Act shall be construed to prevent:

(1) a person who is licensed, certified or regulated under the laws of this state from engaging in activities consistent with the standards and ethics of his profession or practice; or

(2) an alternative, metaphysical or holistic practitioner from engaging in nonclinical activities consistent with the standards and codes of ethics of that practice.

B. Specifically exempted from the Counseling and Therapy Practice Act are:

(1) elementary and secondary school counselors acting on behalf of their employer who are otherwise regulated;

(2) peer counselors of domestic violence or independent-living peer counselors working under appropriate supervision in a nonprofit corporation, association or similar entity;

(3) duly ordained, commissioned or licensed ministers of a church or lay pastoral-care assistants providing pastoral services on behalf of a church;

(4) a person who is enrolled in an internship or practicum under appropriate supervision and is in the internship or practicum for the sole purpose of acquiring an advanced degree in mental health counseling, marriage and family therapy or art therapy or a degree in substance abuse counseling; [and]

(5) practitioners of Native American healing arts; and

(6) a person in a corrections department substance abuse treatment program or therapeutic community program who is functioning as a peer counselor; provided that the person is certified by a recognized forensic accreditation program and acts under appropriate supervision."

Section 3. 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 INTERN--REQUIREMENTS FOR LICENSURE.--

A. The board shall license as a substance abuse intern any person who files a completed application accompanied by the required fees and who 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) possesses a high school diploma or its equivalent;

(4) has arranged for a board-approved supervisor and experience plan for working under appropriate supervision to meet the requirements for licensure as a substance abuse counselor;

(5) has a total of ninety clock hours of education and training in the fields of alcohol and drug abuse;

(6) [signs] has signed a code of ethics statement, as approved by the board; and

(7) [provides] has provided three letters of recommendation as established by rule.

B. Effective July 1, 2003, the board shall license as a substance abuse intern any person who files a completed application accompanied by the required fees and who 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) [holds an associate degree in counseling or in a related mental health 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;

(4) has arranged for a board-approved supervisor and experience plan for working under direct observation to meet the requirements for licensure as a substance abuse counselor;

(5) [signs] has signed a code of ethics statement, as approved by the board; and

(6) [provides] 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."