46th legislature - STATE OF NEW MEXICO - first session, 2003
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 regulation, 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" as defined by regulation 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 or clinical nurse specialist in psychiatry;
[F.] G. "board" means the counseling and therapy
practice board;
H. "case management" means a systematic process merging counseling and managerial concepts and skills through the application of techniques derived from intuitive and researched methods, thereby advancing efficient and effective decision-making for functional control of self, client, setting and other relevant factors for anchoring a proactive practice. In case management, the counselor's role is focused on interviewing, counseling, coordinating services, interacting with appropriate others, following up with clients, monitoring progress and solving problems;
[G.] I. "client contact hours" means the face-to-face time spent with a client to appraise, assess, evaluate,
diagnose [and], treat psychopathology and provide counseling
services;
[H.] J. "clinical counseling" means the rendering
of counseling services involving the application of principles
of psychotherapy, human development, learning theory, [group
dynamics] 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;
K. "clinical instruction" means all supervised course work within which the student has the opportunity to engage in a broad range of clinical activities similar to those performed by a professional counselor. This includes all clinical mental health practicum and internships completed within a student's program;
[I.] L. "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 [in psychotherapeutic counseling, guidance and human
development] to provide assistance in understanding and
[solving] 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;
M. "counselor training and education" means a process that prepares counselors in both didactic and clinical aspects of counseling;
N. "course" means an integrated, organized course of study, which encompasses a minimum of one school semester or equivalent hours;
[J.] O. "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;
P. "counseling related field" means to include those fields which for 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. The mental health clinical core curriculum must be met for the license levels, licensed mental health, professional mental health and clinical mental health. Marriage and family therapy core curriculum must be met for the marriage and family therapist and the art therapy core curriculum must be met for an art therapist;
[K.] Q. "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;
[L. "counselor and therapist practitioners" means
professional art therapists, professional clinical mental
health counselors, professional mental health counselors,
marriage and family therapists, registered mental health
counselors, registered independent mental health counselors,
alcohol abuse counselors, drug abuse counselors and alcohol and
drug abuse counselors as a group;]
R. "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;
S. "credentialing" means the formal recognition of professional competence designed by certification, licensure or registry;
T. "cultural competency" means an understanding of the diversity of racial, ethnic, cultural heritage and cultural beliefs, including issues relating to social economic status, extended family structures, age, gender, sexual orientation, religious and spiritual beliefs;
U. "curricular experiences" means planned, structured and formal teaching activities intended to enable students to learn and apply specific information, principles, values and skills that are the intended consequences of the formal education offered by an academic unit;
[M.] V. "department" means the regulation and
licensing department or the division of the department
designated to administer the counseling and therapy practice
board;
[N. "direct observation" means under supervision by
an appropriate supervisor with the supervisee in one or more of
the following settings: face-to-face, co-facilitation, one way
mirrors or direct audio-visual;]
W. "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;
[O.] X. "drug abuse counselor" means a person who
engages in the practice of drug abuse counseling;
Y. "entry level" means the preparation requirements considered necessary to enter professional practice after completing a program of study; the first level at which one can be considered a professional counselor or therapist;
Z. "evaluation" means the act of making informed decisions based on the use and analysis of pertinent data;
AA. "fitness" means suitability for being a professional counselor. Fitness implies psychological health, including the following variables: self-awareness; self-acceptance; self-knowledge; self-confidence; courage; resilience; purpose in life; balance; moderation; and emotional stability;
BB. "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;
CC. "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;
DD. "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;
[P.] EE. "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;
[Q.] FF. "marriage and family therapist" means a
person who is licensed for independent practice of marriage and
family therapy without supervision;
[R.] GG. "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;
HH. "paraprofessional" means a non-licensed service provider. The services may include screening, assessment, consultation, development of treatment plans, case management, counseling, referral, appraisal, crisis intervention, education, reporting and recordkeeping;
[S.] II. "practice of alcohol or drug abuse
counseling" means the licensed practice of counseling services,
as defined by [regulation] 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;
[T.] JJ. "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 [regulation] rule of the board;
[U.] KK. "practice of marriage and family therapy"
means the licensed practice of marriage and family therapy
services delivered to individuals, [family groups and marital
couples] 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
[regulation] rule of the board [in the delivery of services to
individuals, couples and families and involves the presence of
a diagnosed mental or physical disorder in at least one member
of the couple or family being treated];
[V.] LL. "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 [American psychiatric association]
diagnostic and statistical manual of mental disorders or 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 [regulation]
rule of the board;
[W.] MM. "practice of professional mental health
counseling" means the licensed 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 [regulation] rule of the board;
[X.] NN. "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
[regulation] rule of the board;
[Y.] OO. "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 [regulation] rule of the board;
PP. "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;
QQ. "program" means a structured sequence of curricular and clinical experiences housed within an academic unit;
RR. "program evaluation" means the effort to determine what changes occur as a result of a planned program by comparing actual changes (results) with desired changes (stated goals), and by identifying the degree to which the activity (planned program) is responsible for those changes;
[Z.] SS. "professional art therapist" means a
licensed person who engages in the practice of art therapy
without supervision;
[AA.] TT. "professional clinical mental health
counselor" means a licensed person who engages in the
independent practice of professional clinical mental health
counseling without supervision;
[BB.] UU. "professional mental health counselor"
means a licensed person who engages in the practice of
professional mental health counseling without supervision;
VV. "related professions with equivalent qualifications" means a profession closely related to counseling, such as clinical social works, clinical psychologist, clinical nurse specialists or psychology. Qualifications must be commensurate with the clinical preparation and experience of professional counselors or therapists as defined in board rules;
[CC.] WW. "referral" means [the evaluation of
information to identify needs of the person being counseled to
determine the advisability of sending the person being
counseled to other specialists, informing the person being
counseled of such judgment and communicating the information to
other counseling services as deemed appropriate] 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;
[DD. "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;]
XX. "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;
[EE.] YY. "registered independent mental health
counselor" means [an individual] 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;
ZZ. "site supervisor" means a qualified individual within a setting who is responsible for supervising a student's work at that setting;
AAA. "standard" means a minimal criterion that must be met;
[FF.] BBB. "substance abuse counselor" means a
person who is licensed to practice alcohol and drug abuse
counseling, alcohol abuse counseling, who may treat alcohol
abuse, or drug abuse counseling and who may treat drug abuse;
[and
GG.] CCC. "substance abuse [intern] trainee" means
a person who is licensed to practice [alcohol and drug abuse
counseling, alcohol abuse counseling or drug abuse counseling]
under [direct observation] appropriate supervision defined by
rule; and
DDD. "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 [the practice of]:
(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; [or]
(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 [the
practice of]:
(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 [intern] 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. [SCOPE OF PRACTICE] 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 [intern]
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 [intern] counselor trainee; or holds out to the public or
represents in any manner that he is licensed or registered to
practice as [such] a counselor or therapist enumerated in this
section in this state.
[B. The scope of the practice of alcohol or drug
abuse counseling, or both, 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.]
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, 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 independent professional mental health counselor" consists of rendering counseling services, which may include evaluation, assessment 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. Scope of practice in declared transition to professional clinical mental health counselor from professional mental health counselor or licensed mental health counselor.
Practice of licensed professional mental health counselors and licensed mental health counselors who have declared their intention to transition to professional clinical mental health counselor shall:
(1) hold a master's or doctoral degree in counseling or an allied mental health field from a nationally accredited institution consisting of sixty graduate semester hours or ninety graduate quarter hours;
(2) meet the requirements of the mental health clinical core curriculum as defined in the Counseling and Therapy Practice Act using only transcripted, graduate coursework dedicated to the required courses area without partitioning, divisioning or sectioning of courses into various core areas; and
(3) take and pass all clinical examinations prescribed by the board.
The scope of practice for individuals in this declared transitional status, while under appropriate clinical supervision as defined in the Counseling and Therapy Practice Act, consists of the application of mental health, psychotherapeutic and human development principles to:
(1) facilitate human development and adjustment throughout life to individuals, couples or groups to individuals, couples or groups as defined by regulation;
(2) prevent, diagnose, evaluate and treat mental, emotional or behavioral disorders and associated distresses that interfere with mental health;
(3) conduct assessments and evaluations to establish treatment goals and objectives; and
(4) plan, implement and evaluate treatment plans using counseling treatment interventions that include:
(a) counseling;
(b) assessment;
(c) consulting; and
(d) referral.
Upon satisfactory completion of supervised experience, the professional may apply for professional clinical mental health licensure.
F. 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, including 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.
G. 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 [shall be construed to prevent] 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 [otherwise
regulated] not licensed pursuant to the Counseling and Therapy
Practice Act;
(2) [peer counselors of] domestic violence or
independent-living [peer counselors] paraprofessionals 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."
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" [which]. The board is administratively
attached to the department.
B. The board [shall consist] 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. These members shall not hold any elected or appointed office in any professional organization of counseling, psychology or closely related field during their tenure on the board, nor shall they be school owners. 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. [All] Members of the board shall be appointed by
the governor for staggered terms of four years. [Each] 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. [hire] approve the selection of primary staff
[as necessary to carry out the provisions of the Counseling and
Therapy Practice Act] 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 [for a period not to exceed one year];
(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 [and
certificates of registration];
(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 [and regulations].
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. These members shall not hold [any] an
elected office in [any] a professional organization of
counseling, psychology or closely related field during their
tenure on the standards committees."
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 [an allied mental health] a counseling-relating
field from an accredited institution;
C. demonstrates professional competency by passing
[an examination as] 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
counseling or [an allied mental health] counseling-related
field from [an] a regionally accredited institution. Effective
July 1, [1998] 2003, the applicant must have a master's degree
and a total of no less than [forty-eight] sixty graduate
semester hours or ninety quarter hours in the mental health
clinical core curriculum;
C. demonstrates professional competency by passing
[an] 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 [sixty] forty-eight graduate semester hours or more or
seventy-two quarter hours from a regionally accredited
institution;
D. demonstrates professional competency by
satisfactorily passing [an examination] 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. [NEW MATERIAL] 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;
E. 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
F. 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 [any] a person who files a completed
application accompanied by the required fees and who submits
satisfactory evidence that the applicant:
A. has reached the age of twenty-one;
B. holds a master's or doctoral degree with a focus
in marriage and family therapy [or] and meets the requirements
of the core curriculum in marriage and family therapy from an
accredited institution;
C. demonstrates professional competency by passing
[an examination] 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 [six] seven
hundred hours of supervised internship experience from an
accredited institution; [or]
(2) a master's degree in a counseling-related
field, has a minimum of [twenty-one] twenty-four semester hours
of sequential course work in the history, theory and practice
of art therapy and has completed [six] 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; and
(3) a master's degree in a counseling-related field 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 [Paragraph (1)]
Paragraphs (1), (2) and (3) of Subsection C of this section [or
two thousand client contact hours of postgraduate experience
under appropriate supervision beyond the requirements in
Paragraph (2) of Subsection C of this section]. Supervision
shall be under a [nationally licensed or American art therapy
association-certified art therapist] 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. has obtained a master's or doctoral degree in counseling or a counseling-related field, marriage and family therapy or art therapy or meets the educational requirements for the terminal license;
C. has arranged for a board-approved supervisor and a postgraduate experience plan for working under the appropriate supervision to meet marriage and family therapist, professional art therapist or professional mental health counselor requirements for licensure;
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 INTERN--REQUIREMENTS FOR LICENSURE.--
A. The board shall license as a substance abuse
[intern] 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 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; and
[(6) signs a code of ethics statement, as
approved by the board; and
(7)] (6) provides three letters of
recommendation as established by rule.
B. Effective July 1, [2003] 2005, the board shall
license as a substance abuse [intern] 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 counseling or
in a counseling-related [mental health] field from [an] 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 a board-approved
supervisor and experience plan for working under [direct
observation] appropriate supervision to meet the requirements
for licensure as a substance abuse counselor; and
[(5) signs a code of ethics statement, as
approved by the board; and
(6)] (5) provides [three] two letters of
recommendation: one letter from a current supervisor and one
letter from a current employer [and] 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 [any] 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) possesses a high school diploma or its
equivalent;
(4) has passed an examination, as approved by
the board;
(5) signs a code of ethics statement, as
approved by the board; and]
(3) demonstrates professional competency by passing the required examination prescribed by the board; and
[(6)] (4) has one of the following
combinations of education and experience:
(a) an associate degree or board-approved education and training that includes two hundred seventy-six clock hours 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 [mental health] field 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 related
mental health] counseling or a counseling-related field, 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, [2003] 2005, the board shall
license as an alcohol and drug abuse counselor [any] 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) holds a baccalaureate degree in
counseling in a related mental health field from an accredited
institution;
(4) has passed an examination, as approved by
the board;
(5) signs a code of ethics statement, as
approved by the board; and]
(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
[(6)] (5) has one of the following
combinations of education and experience:
(a) a baccalaureate degree in [a]
counseling or a counseling-related [mental health] field from a
regionally accredited institution and education and 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] with ninety hours in each of the fields of
alcohol, drug and counseling [education] and six [clock] hours
of [training in] professional ethics, [and three hundred hours
of approved practicum and three] two years and two thousand
client contact hours [acquired within the last fifteen years]
under appropriate supervision of experience in the practice of
alcohol and drug abuse counseling [under appropriate
supervision] and one hundred hours of face-to-face supervision;
or
(b) a master's degree in counseling or a
counseling-related [mental health] field from a regionally
accredited institution, and education and 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] with ninety hours in each of the fields of
alcohol, drug and counseling [education] and six hours of
[training in] professional ethics, [and three hundred hours of
approved practicum and two] one year and one thousand client
contact hours [acquired within the last five years] under
appropriate supervision of experience in the practice of
alcohol and drug abuse counseling [under appropriate
supervision] 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
[examination] examinations following the approval of the
application. The board shall establish [by rule] the
[examination] board-approved examinations application deadline
and the requirements for reexamination if the applicant has
failed the [examination] examinations.
B. The [examination] 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 [10, 11, 12, 13 or 14 of the Counseling and Therapy
Practice Act] 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 [thirty] sixty days after the results of the next
examination become available. [At that time, should] If the
individual should fail to take or pass that [examination]
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
license an applicant without examination if the person
possesses a valid regulatory document issued by the appropriate
examining board under the laws of any other state or territory
of the United States, the District of Columbia or any foreign
nation that in the judgment of the board has requirements
substantially equivalent to or exceeding those in the
Counseling and Therapy Practice Act.
An applicant for licensing pursuant to this section shall
be issued a temporary license by the department upon filing his
application along with proof of a valid current regulatory
document from another jurisdiction. This temporary license is
valid only until the board considers and acts on the
application. An applicant is entitled to only one temporary
license pursuant to this provision.] 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 held for the last three years 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:
A. holds a professional mental health counselor license and taken and passed the NCC examination from the national board of certified counselors; or
B. holds a clinical mental health counselor license and has taken and passed the NCC and CCMHC examination from the national board of certified counselors; or
C. is a clinical member of the American association for marriage and family therapy;
D. is a registered art therapist, board certified (ATR-BC) by the art therapy credential board; or
E. is 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. [Licensees with even-numbered
licenses shall renew in even-numbered years. Licensees with
odd-numbered licenses shall renew in odd-numbered years.] 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. A ninety-day grace period shall be allowed each
licensee or registrant after the license or registration
period, during which time licenses and registrations may be
renewed upon payment of the renewal fee and late fee and
compliance with all renewal requirements.]
B. If a license is not renewed by the expiration date, the license 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 ceu 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.
[C. Any] 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 three months 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 [any] unpaid renewal or late fees. Failure to
renew a license or registration within three months from the
date of suspension as provided in this section shall cause the
license or registration to be automatically revoked.
Reinstatement of a revoked license or registration will require
the licensee to reapply and meet all current standards for
licensure or registration.
[D.] 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 [an] a renewal license fee and
reinstatement fee amount equivalent to all lapsed renewal fees,
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)."