NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

The most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website.  The Adobe PDF version includes all attachments, whereas the HTML version does not.  Previously issued FIRs and attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

F I S C A L   I M P A C T   R E P O R T

 

 

SPONSOR:

SPAC

 

DATE TYPED:

3/08/03

 

HB

 

 

SHORT TITLE:

Revise Counseling and Therapy Act

 

SB

CS/614/aSPACS

 

 

ANALYST:

Maloy

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

NFI

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

 

REVENUE

 

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

 

 

 

 

 

Indeterminate

Recurring

OSF

(Parenthesis ( ) Indicate Revenue

 

Relates to and conflicts with HB 714 and SB 733.

 

SOURCES OF INFORMATION

 

Responses Received From

Regulation and Licensing Department, Counseling and Therapy Board

 

SUMMARY

 

            Synopsis of SPAC Amendment

 

The Senate Public Affairs Committee has amended SB 614/aSPACS to remove wording in an exemption to the Counseling and Therapy Practice Act and its licensure requirements that required exempted peer counselors for domestic violence to “work under appropriate supervision in a nonprofit corporation, association or similar entity”. 

 

With this amendment, these peer counselors (who are not required to be licensed) will not need to be associated with a nonprofit corporation, association or similar entity.

 

Given the nature of domestic violence and its prominence in New Mexico, this is a sound change.

 

Synopsis of Original Bill

 

The Senate Public Affairs Committee Substitute to Senate Bill 614 amends the Counseling and Therapy Practice Act as follows:

 

  1. Amend existing and adds new definitions;

 

  1. Adds “counseling as a registered mental health counselor” to the list of practices for which a license is required;

 

  1. Significantly amends the “description of practices” provisions, outlining the scopes of various practices in detail;

 

  1. Sets an attendance standard for board members, stating that any member of the board missing more than 3 meetings shall be recommended for removal;

 

  1. Removes a prohibition against board members holding an elected office in any professional organization;

 

  1. Makes minor modifications to existing licensure requirements;

 

  1. Adds a new section outlining the licensure requirements for “a clinical mental health counselor”;

 

  1. Makes significant modifications to the provision governing “licensure by credentials”; and

 

  1. Adds a provision stating that if a licensee fails to complete required “continuing education” within the licensing period and by the expiration date, the license will be considered expired and the licensee will refrain from practicing”;

 

Significant Issues

 

Currently, three bills amending the Counseling and Therapy Practice Act have been introduced during this legislative session.  These include SB 614, SB 773 and HB 714.  The regulation and licensing department is concerned about the numerous conflicts among these bills.  Therefore, the department has been working with the various bill sponsors on a substitute bill for a comprehensive revision of the act. 

 

This bill is the comprehensive revision that is intended to supercede the other bills.

 

FISCAL IMPLICATIONS

 

There are no fiscal implications for the state, except that the addition of the “counseling as a registered mental health counselor” to the practices requiring licensure may result in additional license and renewal fees for the board.  Any fees generated by the board are OSF.

 

 

 

OTHER SUBSTANTIVE ISSUES

 

A number of the changes proposed to this statute could and should be made through rules and regulations adopted by the board.  This would prevent the board from having to come back to the legislature to make changes to the provisions due to developments and/or advancements in the various practices.

 

SJM/sb