AN ACT
RELATING TO LICENSING; REVISING THE
COUNSELING AND THERAPY PRACTICE ACT.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. Section 61-9A-3 NMSA 1978 (being Laws 1993,
Chapter 49, Section 3, as amended) is amended to read:
"61-9A-3. DEFINITIONS.--As used in the Counseling and
Therapy Practice Act:
A. "accredited institution" means a
university or college accredited by a regional accrediting agency of
institutions of higher education;
B. "alcohol abuse counselor" means a
person who engages in the practice of alcohol abuse counseling;
C. "alcohol and drug abuse counselor"
means a person who engages in the practice of alcohol and drug abuse
counseling;
D. "appraisal" means selecting,
administering, scoring and interpreting instruments designed to assess an
individual's aptitudes, attitudes, abilities, achievements, interests, personal
characteristics and current emotional or mental state by appropriately
educated, trained and experienced clinicians and the use of nonstandardized
methods and techniques for understanding human behavior in relation to coping
with, adapting to or changing life situations of a physical, mental or
emotional nature; "appraisal" shall not be construed to permit the
performance of any act that counselors or therapists are not educated, trained
and licensed to perform;
E. "appropriate supervision" means
supervision as defined by rule, provided by a licensed professional clinical
mental health counselor, licensed professional mental health counselor,
licensed marriage and family therapist, licensed professional art therapist,
licensed psychiatrist, licensed clinical psychologist, licensed alcohol and drug
abuse counselor with three years of alcohol and drug abuse experience acquired
after licensure, clinical nurse specialist in psychiatry or licensed
independent social worker with two years of mental health and supervised
clinical experience;
F. "appropriate clinical supervision"
means supervision provided to licensed mental health counselors or therapists
by a licensed professional clinical mental health counselor, licensed marriage
and family therapist, licensed professional art therapist, licensed psychiatrist,
licensed clinical psychologist, clinical nurse specialist in psychiatry or
licensed independent social worker;
G. "board" means the counseling and
therapy practice board;
H. "client contact hours" means the
face-to-face time spent with a client to appraise, assess, evaluate, diagnose,
treat psychopathology and provide counseling services;
I. "clinical counseling" means the
rendering of counseling services involving the application of principles of
psychotherapy, human development, learning theory, diagnosis, treatment and the
etiology of mental illness and dysfunctional behavior to individuals, couples,
families or groups for the purpose of assessing and treating psychopathology
and promoting optimal mental health;
J. "consulting" and
"consultation" means the voluntary, nonsupervisory relationship
between professionals or other pertinent persons, in application of scientific
counseling, guidance and human development principles and procedures to provide
assistance in understanding and resolving a current or potential problem that
the consultee may have in relation to a third party be it an individual, group,
family or organization;
K. "counselor training and education"
means a process that prepares counselors in both didactic and clinical aspects
of counseling;
L. "course" means an integrated,
organized course of study, which encompasses a minimum of one school semester
or equivalent hours;
M. "counseling" means the application
of scientific principles and procedures in therapeutic counseling, guidance and
human development to provide assistance in understanding and solving a mental,
emotional, physical, social, moral, educational, spiritual or career
development and adjustment problem that a client may have;
N. "counseling-related field" means to
include those fields in which training includes coursework in the diagnosis and
treatment of mental disorders; guidance counseling, mental health-community
counseling or agency counseling; clinical psychology, counseling psychology;
human and family studies; art therapy and art education with appropriate
clinical background to meet the clinical core curriculum;
O. "counseling and therapy practice"
means the licensed or registered practice of professional art therapy,
professional clinical mental health counseling, professional mental health
counseling, independent mental health counseling, marriage and family therapy,
alcohol abuse counseling, drug abuse counseling and alcohol and drug abuse
counseling;
P. "counselor and therapist
practitioner" means a professional art therapist, professional clinical
mental health counselor, professional mental health counselor, licensed mental
health counselor, marriage and family therapist, registered mental health
counselor, registered independent mental health counselor, licensed substance
abuse trainee, alcohol abuse counselor, drug abuse counselor and alcohol and
drug abuse counselor;
Q. "department" means the regulation
and licensing department or the division of the department designated to
administer the counseling and therapy practice board;
R. "diagnosis and treatment planning"
means assessing, analyzing and providing diagnostic descriptions of mental,
emotional or behavioral conditions; exploring possible solutions; and
developing and implementing a treatment plan for mental, emotional and
psychosocial adjustment or development.
"Diagnosis and treatment planning" shall not be construed to
permit the performance of any act that counselors are not educated, trained and
licensed to perform;
S. "drug abuse counselor" means a
person who engages in the practice of drug abuse counseling;
T. "evaluation" means the act of
making informed decisions based on the use and analysis of pertinent data;
U. "internship" means a distinctly
defined, pre-graduate, supervised, capstone clinical experience in which the
student refines and enhances basic counseling or student development knowledge
and skills; integrates and authenticates professional knowledge and skills
appropriate to the student's program and preparation for postgraduate
professional placement;
V. "licensed mental health counselor"
means a person who is licensed by the board and is authorized by the board to
engage in the practice of mental health counseling under appropriate
supervision;
W. "licensure" means the process by
which a state agency or government grants permission to an individual to engage
in a given profession and to use the designated title of that profession after
the applicant has attained the minimal degree of competency necessary to ensure
that the public health, safety and welfare are reasonably well protected;
X. "marriage and family therapy" means
the assessment, diagnosis and treatment of nervous and mental disorders,
whether cognitive, affective or behavioral, within the context of marriage and
family systems;
Y. "marriage and family therapist"
means a person who is licensed for independent practice of marriage and family
therapy without supervision;
Z. "mental disorder" means any of
several conditions or disorders that meet the diagnostic criteria contained in
the diagnostic and statistical manual of the American psychiatric association
or the world health organization's international classification of diseases
manual;
AA. "peer counselor"
means a non-licensed service provider;
BB. "practice of alcohol or drug abuse
counseling" means the licensed practice of counseling services, as defined
by rule of the board, 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;
CC. "practice of art therapy" means the
licensed practice of counseling services to individuals, families or groups of
services that use art media as a means of expression and communication to
promote perceptive, intuitive, affective and expressive experiences that
alleviate distress, reduce physical, emotional, behavioral and social
impairment and lead to growth or reintegration of one's personality. Art therapy services include diagnostic
evaluation, development and implementation of patient treatment plans, goals
and objectives, case management services and therapeutic treatment as defined
by rule of the board;
DD. "practice of marriage and family
therapy" means the licensed practice of marriage and family therapy
services delivered to individuals, couples and families treated singly or in
groups, for a cognitive behavioral, emotional or relationally disruptive issue
or a diagnosed mental or physical disorder in at least one member of the couple
or family being treated. The
"practice of marriage and family therapy" involves the professional
application of psychotherapeutic, human development and family systems theories
and techniques in a therapeutic relationship to bring about change, and
includes the services of diagnostic evaluation, development and implementation
of patient treatment plans, goals and objectives, case management services,
therapeutic treatment, research, appraisal, consulting and referral as defined
by rule of the board;
EE. "practice of professional clinical
mental health counseling" means the licensed practice of mental health
clinical counseling to individuals, couples, families or groups and the
diagnosis and treatment of mental and emotional disorders as defined by the
diagnostic and statistical manual of mental disorders of the world health organization. "Practice of professional clinical
mental health counseling" includes diagnostic evaluation, development and
implementation of patient treatment plans, goals and objectives, case
management services, therapeutic treatment, research and clinical mental health
appraisal, consulting, counseling and referral as defined by rule of the board;
FF. "practice of professional mental health
counseling" means the licensed practice of a therapeutic, non-clinical
counseling service that integrates a wellness and multicultural model of human
behavior involving certain methods and techniques of appraisal, including
consulting, counseling and referral as defined by rule of the board;
GG. "practice of registered mental health
counseling" or "practice of licensed mental health counseling"
means the registered or licensed practice, under appropriate supervision, of a
therapeutic counseling service that integrates a wellness and multicultural
model of human behavior involving certain methods and techniques of appraisal,
including consulting, counseling and referral as defined by rule of the board;
HH. "practice of registered independent
mental health counseling" means the registered independent practice of a
therapeutic counseling service that integrates a wellness and multicultural
model of human behavior involving certain methods and techniques of appraisal,
including consulting, counseling and referral as defined by rule of the board;
II. "practicum" means a distinctly
defined, supervised clinical experience in which the student develops basic
counseling skills and integrates professional knowledge. Practicum is completed
prior to internship;
JJ. "program" means a structured
sequence of curricular and clinical experiences housed within an academic unit;
KK. "professional art therapist" means
a licensed person who engages in the practice of art therapy without
supervision;
LL. "professional clinical mental health
counselor" means a licensed person who engages in the independent practice
of professional clinical mental health counseling without supervision;
MM. "professional mental health
counselor" means a licensed person who engages in the practice of
professional mental health counseling without supervision; however,
professional mental health counselors may diagnose and treat under appropriate
supervision;
NN. "referral" means evaluating and
identifying the needs of a client to determine the advisability of referrals to
other specialists, advising the counselee of such judgements and communicating
as requested or deemed appropriate to such referral sources;
OO. "research" means a systematic
effort to collect, analyze and interpret quantitative or qualitative data that
describe how social characteristics, behavior, emotions, cognition,
disabilities, mental disorders and interpersonal transactions among
individuals, couples, families and organizations interact;
PP. "registered independent mental health
counselor" means a person who is registered with the board and is
authorized by the board to engage in the practice of mental health counseling
without supervision;
QQ. "standard" means a minimal
criterion that must be met;
RR. "substance abuse counselor" means a
person who is licensed to practice alcohol and drug abuse counseling;
SS. "substance abuse trainee" means a
person who is licensed to practice under appropriate supervision defined by
rule; and
TT. "supervision" means a tutorial and
mentoring form of instruction in which a supervisor monitors the student's
activities in practicum and internship, or licensees in other clinical
situations and facilitates the learning and skill development experiences
associated with practicum, internship or other clinical situations. The supervisor monitors and evaluates the
clinical work of the student or licensee while monitoring the quality of
services offered to clients."
Section 2. Section 61-9A-4 NMSA 1978 (being Laws 1993,
Chapter 49, Section 4, as amended) is amended to read:
"61-9A-4. LICENSE OR REGISTRATION REQUIRED.--
A. Unless licensed or registered to practice
under the Counseling and Therapy Practice Act, no person shall engage in:
(1) the practice of professional mental health
counseling;
(2) the practice of professional clinical mental
health counseling;
(3) marriage and family therapy;
(4) professional art therapy;
(5) counseling as a licensed mental health
counselor;
(6) counseling as a registered independent mental
health counselor; or
(7) counseling as a registered mental health
counselor.
B. Unless licensed to practice under the
Counseling and Therapy Practice Act, no person shall engage in:
(1) the practice of alcohol and drug abuse
counseling;
(2) the practice of alcohol abuse counseling;
(3) the practice of drug abuse counseling; or
(4) substance abuse counseling as a substance
abuse trainee."
Section 3. Section 61-9A-5 NMSA 1978 (being Laws 1993,
Chapter 49, Section 5, as amended) is amended to read:
"61-9A-5. DESCRIPTION OF PRACTICING.--
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, alcohol
and drug abuse counselor, alcohol abuse counselor, drug abuse counselor or
substance abuse trainee 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 counselor trainee; or holds
out to the public or represents in any manner that he 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, professional art therapist or marriage and family
therapist" 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 licensed mental health
counselor and registered mental health counselor under appropriate
supervision" consists of rendering counseling services, which may include
evaluation, assessment, consultation, diagnosing under supervision, development
of treatment plans, case management counseling referral, appraisal, crisis
intervention education, reporting and recordkeeping to individuals, couples,
families or groups as defined by regulation.
D. "Practice of licensed professional
mental health counselor" consists of rendering counseling services, which
may include evaluation, assessment, diagnoses, consultation, development of
treatment plans, case management, counseling, referral, appraisal, crisis
intervention education, reporting and recordkeeping to individuals, couples,
families or groups as defined by regulation.
E. The scope of practice of alcohol or drug
abuse counseling, or both, consists of rendering treatment and intervention
services specific to alcohol and other drug use disorders to individuals,
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 recordkeeping.
Nothing in this scope of practice shall be construed as preventing
licensed alcohol abuse counselors, drug abuse counselors and 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.
F. The scope of practice of a substance abuse
trainee under the supervision by an appropriate supervisor is limited to
supervised work in a public or private institution. The trainee may be involved
in taking social histories or conducting home studies. The trainee utilizes the basic problem-solving
process of gathering information, assessing that information at a beginning
professional level and developing an intervention plan. The trainee may implement the plan and
conduct follow-ups pertaining specifically to alcohol and drug abuse counseling. The trainee may provide client education and
assist licensed counselor-therapist with group or individual counseling
sessions."
Section 4. 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 prohibits:
(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 not licensed pursuant to the
Counseling and Therapy Practice Act;
(2) peer counselors of domestic violence or
independent-living peer counselors;
(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."
Section 5. Section 61-9A-7 NMSA 1978 (being Laws 1993,
Chapter 49, Section 7, as amended) is amended to read:
"61-9A-7. BOARD
CREATED--MEMBERS--APPOINTMENT--TERMS--COMPENSATION.--
A. There is created the "counseling and
therapy practice board". The board
is administratively attached to the department.
B. The board consists of nine members who are
United States citizens and have been New Mexico residents for at least five
years prior to their appointment. Of the
nine members:
(1) five members shall be professional members,
who shall be a professional mental health counselor, a professional clinical
mental health counselor, a marriage and family therapist, a professional art
therapist and an alcohol and drug abuse counselor, licensed under the
Counseling and Therapy Practice Act and shall have engaged in a counselor and
therapist practice for at least five years.
The professional mental health counselor shall also represent the
registered independent and licensed mental health counselors; and
(2) four members shall represent the public. The public members shall not have been
licensed or have practiced as counselor or therapist practitioners or in any
other regulated mental health profession, nor have any significant financial interest,
either direct or indirect, in the professions regulated.
C. Members of the board shall be appointed by
the governor for staggered terms of four years.
A member shall hold office until his successor is appointed. Vacancies shall be filled in the same manner
as original appointments. No appointee
shall serve more than two terms.
D. The governor may appoint professional board
members from a list of nominees submitted by qualified individuals and
organizations, including the New Mexico counseling association, the New Mexico
association for marriage and family therapy, the New Mexico art therapy
association and the alcohol and drug directors association.
E. Members of the board shall be reimbursed as
provided in the Per Diem and Mileage Act and shall receive no other
compensation, perquisite or allowance.
F. The board shall elect annually from its
membership a chairman and a secretary and other officers as necessary to carry
out its duties.
G. The board shall meet at least twice a year
and at other times deemed necessary.
Other meetings may be called by the chairman upon the written request of
three members of the board. A simple
majority of the board members shall constitute a quorum of the board.
H. Any member failing to attend three meetings
after proper notice shall be automatically recommended for removal as a board
member, unless excused by the board chair for one of the following reasons:
(1) extenuating circumstances beyond his control,
including illness;
(2) prearranged activities out of town; or
(3) other severe circumstances that do not allow
a member to attend."
Section 6. Section 61-9A-8 NMSA 1978 (being Laws 1993,
Chapter 49, Section 8, as amended) is amended to read:
"61-9A-8. DEPARTMENT DUTIES.--The department, with the
consultation of the board, shall:
A. process applications and conduct and review
the required examinations;
B. issue licenses and certificates of
registration to applicants who meet the requirements of the Counseling and
Therapy Practice Act;
C. administer, coordinate and enforce the
provisions of the Counseling and Therapy Practice Act and investigate persons
engaging in practices that may violate the provisions of that act;
D. approve the selection of primary staff
assigned to the board;
E. maintain records, including financial
records; and
F. maintain a current register of licensees and
registrants as a matter of public record."
Section 7. Section 61-9A-9 NMSA 1978 (being Laws 1993,
Chapter 49, Section 9, as amended) is amended to read:
"61-9A-9. BOARD--POWERS AND DUTIES.--
A. The board may:
(1) adopt in accordance with the Uniform
Licensing Act and file in accordance with the State Rules Act rules necessary
to carry out the provisions of the Counseling and Therapy Practice Act;
(2) select and provide for the administration of,
at least, semiannual examinations for licensure;
(3) establish the passing scores for
examinations;
(4) take any disciplinary action allowed by and
in accordance with the Uniform Licensing Act;
(5) censure, reprimand or place a licensee or
registrant on probation;
(6) require and establish criteria for continuing
education;
(7) establish by rule procedures for receiving,
investigating and resolving complaints;
(8) approve appropriate supervision and
post-graduate experience for persons seeking licensure or registration;
(9) provide for the issuance of licenses;
(10) determine eligibility of individuals for
licensure or registration;
(11) set fees for administrative services,
licenses and registration, as authorized by the Counseling and Therapy Practice
Act, and authorize all disbursements necessary to carry out the provisions of
that act;
(12) establish criteria for supervision and
supervisory requirements;
(13) establish a code of ethics; and
(14) establish committees.
B. The board may establish a standards committee
for each licensed profession. The
members of each standards committee shall be appointed by the board with the
consent of the department and shall include at least one board member from the
licensed profession and at least one public board member. The board member representing each respective
profession shall chair its standards committee and the committee shall:
(1) recommend and periodically review a code of
ethics;
(2) review license applications and recommend
approval or disapproval;
(3) develop criteria for supervision; and
(4) recommend rules.
C. Members of the standards committees or other
committees may be reimbursed as provided in the Per Diem and Mileage Act, but
shall receive no other compensation, perquisite or allowance."
Section 8. Section 61-9A-10 NMSA 1978 (being Laws 1993,
Chapter 49, Section 10, as amended) is amended to read:
"61-9A-10. PROFESSIONAL MENTAL HEALTH
COUNSELOR--REQUIREMENTS FOR LICENSURE.--The board shall issue a license as a
professional 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
counseling or a counseling-related field, as defined by rule, from an
accredited institution;
C. demonstrates professional competency by
passing the required examinations prescribed by the board;
D. has completed one thousand client contact
hours of postgraduate professional counseling experience under appropriate
supervision consisting of at least one hundred supervision hours; and
E. is of good moral character with conduct
consistent with the code of ethics."
Section 9. 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-related field, as defined by rule, from a regionally accredited
institution. Effective July 1, 2003, 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."
Section 10. Section 61-9A-11.1 NMSA 1978 (being Laws
1999, Chapter 161, Section 10) 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, 2000
through July 1, 2004 period and who submits satisfactory evidence that the
applicant:
A. has reached the age of twenty-one;
B. holds a grandfathered professional mental
health counselor license that was applied for prior to July 1, 1994;
C. holds a master's or doctoral degree and a
total of forty-eight graduate semester hours or more or seventy-two quarter
hours from a regionally accredited institution;
D. demonstrates professional competency by
satisfactorily passing the required examinations as prescribed by the board, or
documentation of ten thousand hours of client contact experience, including at
least three hundred hours of face-to-face supervision of which at least one
hundred hours are individual;
E. has a minimum of five thousand hours of
client contact experience, including at least two hundred hours of face-to-face
supervision of which one hundred hours are individual; and
F. is of good moral character with conduct
consistent with the code of ethics."
Section 11. A new section of the Counseling and Therapy
Practice Act, Section 61-9A-11.2 NMSA 1978, is enacted to read:
"61-9A-11.2. PROFESSIONAL CLINICAL MENTAL HEALTH
COUNSELOR--REQUIREMENTS FOR LICENSING.--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, 2003
through July 1, 2004 period and who submits satisfactory evidence that the
applicant:
A. has reached the age of twenty-one;
B. holds a professional mental health counselor
license that was applied for between July 1, 1994 through July 1, 1998;
C. holds a master's or doctoral degree and a
total of forty-eight graduate semester hours or seventy-two quarter hours from
a regionally accredited institution;
D. demonstrates professional competency by
satisfactorily passing the required examinations as prescribed by the board and
documents five thousand hours of supervised client contact experience,
including at least two hundred hours of face-to-face supervision of which one
hundred hours are individual; and
E. is of good moral character with conduct
consistent with the code of ethics."
Section 12. 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 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 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."
Section 13. 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.--The board shall issue a license as a professional art therapist 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. demonstrates professional competency by
passing an examination as prescribed by the board;
C. holds either:
(1) a master's or doctoral degree from a
regionally accredited institution or nationally approved art therapy program in
art therapy that includes seven hundred hours of supervised internship
experience from an accredited institution;
(2) a master's degree in 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 non-accredited institutions; or
(3) a master's degree in a counseling-related
field, as defined by rule, and completed a minimum of twenty-four semester
hours in an art therapy certificated program from a regionally accredited
institution or an nationally approved American art therapy association program;
D. has completed one thousand client contact hours
of postgraduate face-to-face experience under appropriate supervision beyond
the requirements in Paragraphs (1), (2) and (3) of Subsection C of this
section. 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
E. is of good moral character with conduct
consistent with the code of ethics."
Section 14. 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 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 either a master's or doctoral degree
from an accredited institution in a counseling-related field, as defined by
rule;
C. has arranged for an appropriate supervision
plan and a postgraduate experience plan, as defined by rule, to meet the
licensing requirements for a:
(1) marriage and family therapist;
(2) professional art therapist;
(3) professional mental health counselor; or
(4) 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."
Section 15. 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 TRAINEE--REQUIREMENTS FOR
LICENSURE.--
A. The board shall license as a substance abuse
trainee 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 an appropriate supervision
plan, as defined by rule, 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; and
(6) provides three letters of recommendation as
established by rule.
B. Effective July 1, 2005, the board shall
license as a substance abuse trainee 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 a
counseling-related field, as defined by rule, from a regionally 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 an appropriate supervision
plan, as defined by rule, to meet the requirements for licensure as a substance
abuse trainee; and
(5) provides two letters of recommendation: one letter from a current supervisor and one
letter from a current employer or one letter from a professional substance
abuse colleague."
Section 16. Section 61-9A-14.2 NMSA 1978 (being Laws
1999, Chapter 161, Section 15) is amended to read:
"61-9A-14.2. ALCOHOL AND DRUG ABUSE
COUNSELOR--REQUIREMENTS FOR LICENSURE.--
A. 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:
(1) is of good moral character with conduct
consistent with the code of ethics;
(2) has reached the age of twenty-one;
(3) demonstrates professional competency by
passing the required examination prescribed by the board; and
(4) has one of the following combinations of
education and experience:
(a) an associate degree, including two hundred
seventy-six clock hours of education and training with at least ninety hours in
each of the fields of alcohol, drug and counseling and six hours of training in
professional ethics, four years of experience in the practice of alcohol and
drug abuse counseling under appropriate supervision and three hundred hours of
approved practicum;
(b) a baccalaureate degree in a
counseling-related field, as defined by rule, from a regionally accredited
institution and education or training that includes two hundred seventy-six
clock hours of specific training that may be a part of the degree program and
that includes at least ninety hours in each of the fields of alcohol, drug and
counseling and six hours of training in professional ethics and three years of
experience in the practice of alcohol and drug abuse counseling under
appropriate supervision; or
(c) a master's degree in a counseling-related
field, as defined by rule, from a regionally accredited institution, two
hundred seventy-six clock hours of specific training that may be part of the
degree program and that includes at least ninety hours in each of the fields of
alcohol, drug and counseling and six hours of training in professional ethics
and two years of experience in the practice of alcohol and drug abuse
counseling under appropriate supervision.
B. 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:
(1) is of good moral character with conduct
consistent with the code of ethics;
(2) has reached the age of twenty-one;
(3) demonstrates professional competency by
passing the required examinations prescribed by the board;
(4) provides 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
(5) has one of the following combinations of
education and experience:
(a) a baccalaureate degree in a
counseling-related field, as defined by rule, from a regionally accredited
institution and education and training that includes two hundred seventy-six
clock hours with ninety hours in each of the fields of alcohol, drug and 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
(b) a master's degree in counseling or a
counseling-related field, as defined by rule, from a regionally accredited
institution, and education and training that includes two hundred seventy-six
clock hours with ninety hours in each of the fields of alcohol, drug and
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 17. Section 61-9A-15 NMSA 1978 (being Laws 1993,
Chapter 49, Section 15, as amended) is amended to read:
"61-9A-15. EXAMINATIONS.--
A. Applicants who have met the requirements for
licensure shall be scheduled for the next appropriate examinations following
the approval of the application. The
board shall establish the board-approved examinations application deadline and
the requirements for reexamination if the applicant has failed the examinations.
B. The examinations shall cover subjects
appropriate to the scope of practice as a licensed mental health counselor, a
professional mental health counselor, a professional clinical mental health
counselor, a marriage and family therapist, a professional art therapist or a
substance abuse counselor."
Section 18. Section 61-9A-16 NMSA 1978 (being Laws 1993,
Chapter 49, Section 16) is amended to read:
"61-9A-16. TEMPORARY LICENSURE.--Prior to examination,
an applicant for licensure may obtain a temporary license to engage in any
counselor and therapist practice if the person meets all of the requirements,
except examination, provided for in Section 61-9A-10, 61-9A-11, 61-9A-12,
61-9A-13 or
61-9A-14 NMSA 1978. The temporary license shall be valid no more
than sixty days after the results of the next examination become
available. If the individual should fail
to take or pass those examinations, the temporary license shall automatically
expire and the applicant will not be reissued a temporary license."
Section 19. Section 61-9A-22 NMSA 1978 (being Laws 1993,
Chapter 49, Section 22, as amended) is amended to read:
"61-9A-22. LICENSURE BY CREDENTIALS.--The board may
issue a license to a person who files a completed application accompanied by
the required fees and who submits satisfactory evidence that the applicant
holds a current license issued by the appropriate examining board under the law
of any other state or territory of the United States, the District of Columbia
or any foreign nation and is:
A. a national certified counselor as determined
by the national board of certified counselors; or
B. a certified clinical mental health counselor
as determined by the national board of certified counselors; or
C. a clinical member of the American association
for marriage and family therapy; or
D. a registered art therapist, board certified
(ATR-BC) by the art therapy credential board; or
E. an alcohol and drug abuse counselor and has
taken and passed the required examination prescribed by the board.
Applicants who do not meet the
licensure by credential must meet the current licensure requirements."
Section 20. Section 61-9A-23 NMSA 1978 (being Laws 1993,
Chapter 49, Section 23, as amended) is amended to read:
"61-9A-23. LICENSE AND REGISTRATION RENEWAL.--
A. Each licensee or registrant shall renew his
license or registration biennially by submitting a renewal application on a
form provided by the board and complying with all renewal requirements. The board may establish a method to provide
for staggered biennial terms. The board
may authorize license renewal for one year to establish this renewal cycle and
charge the proportionate license fee for that period.
B. If a license is not renewed by the expiration
date, the licensee or registrant will be considered expired and will refrain
from practicing. The licensee or
registrant may renew within a ninety-day grace period by submitting payment of
the renewal fee, late fee and compliance with all renewal requirements. Upon receipt of payment and ceu requirements,
the licensee and registrant may resume practice. Failure to receive renewal notice and
application for renewal of license from the board does not excuse a licensed
professional counselor from the requirements for renewal.
C. If continuing education units requirements
are not completed within the licensing period and by the expiration date, the
license or registrant will be considered expired and will refrain from
practicing.
D. A license or registration granted by the
board shall be automatically suspended if the holder fails to apply for the
renewal license or registration provided for in this section within a period of
ninety days after the renewal deadline; provided that any license or
registration so suspended may be restored by the board upon payment of a
reinstatement fee not to exceed one hundred dollars ($100) in addition to
unpaid renewal or late fees. Failure to
renew a license or registration within ninety days from the date of suspension
as provided in this section shall cause the license or registration to
automatically expire. Reinstatement of
an expired license or registration will require the licensee to reapply and
meet all current standards for licensure or registration.
E. A person licensed or registered under the
Counseling and Therapy Practice Act who wishes to retire from practice shall
notify the board in writing before the expiration of his current license or
registration. If, within a period of
five years from the year of retirement, the licensee or registrant wishes to
resume practice, he shall so notify the board in writing, and upon giving proof
of completing such continuing education as prescribed by rule of the board and
the payment of a renewal license fee and reinstatement fee, his license or
registration shall be restored to him in full effect."
Section 21. Section 61-9A-24 NMSA 1978 (being Laws 1993,
Chapter 49, Section 24, as amended) is amended to read:
"61-9A-24. LICENSE AND REGISTRATION FEES.--Applicants
for licensure or registration shall pay biennial fees set by the board in an
amount not to exceed:
A. for application for initial licensure or registration, seventy-five dollars ($75.00),
which is not refundable;
B. for licensure or renewal as a professional
mental health counselor or registered independent mental health counselor,
three hundred dollars ($300);
C. for licensure or renewal as a clinical
professional mental health counselor, marriage and family therapist or
professional art therapist, four hundred twenty dollars ($420);
D. for registration or renewal as a registered
mental health counselor, licensed mental health counselor or registered
independent mental health counselor, two hundred forty dollars ($240);
E. for all examinations, seventy-five dollars
($75.00) or, if a national examination is used, an amount that shall not exceed
the national examination costs by more than twenty-five percent;
F. for a duplicate or replacement license
or registration, twenty-five dollars
($25.00);
G. for failure to renew a license or
registration within the allotted grace period, a late penalty fee not to exceed
one hundred dollars ($100);
H. reasonable administrative fees; and
I. for licensure, registration or renewal as an
alcohol and drug abuse counselor, an alcohol abuse counselor, a drug abuse
counselor or a substance abuse intern, two hundred dollars ($200)."
HBIC/HB 714
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