AN ACT
RELATING TO LICENSURE; CHANGING THE SCOPE OF PRACTICE FOR COUNSELING AND THERAPY; AMENDING LICENSURE REQUIREMENTS; REVISING DEFINITIONS; PROVIDING FOR BOARD IMMUNITY AND CONFIDENTIALITY; AMENDING, REPEALING AND ENACTING CERTAIN SECTIONS OF THE NMSA 1978.
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 an accrediting agency of institutions of higher education;
B. "appraisal" means selecting, administering, scoring and interpreting instruments designed to assess a person'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 a counselor or a therapist is not educated, trained and licensed to perform;
C. "appropriate clinical supervision" means as defined by rule, supervision provided by a licensed:
(1) professional clinical mental health counselor;
(2) marriage and family therapist;
(3) professional art therapist;
(4) psychiatrist;
(5) clinical psychologist;
(6) clinical nurse specialist in psychiatry;
(7) independent social worker with two years of mental health and supervised clinical experience; or
(8) alcohol and drug abuse counselor. A licenced alcohol and drug abuse counselor must have completed three years of alcohol and drug abuse experience prior to providing supervision;
D. "appropriate clinical supervisor for substance abuse associate" means a person who has education and experience specific to the career track of the associate and has training in transmitting knowledge, skills and attitudes through a relational process that includes direct oversight of the clinical work;
E. "approved clinical supervisor" means a person who is 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 and provides supervision to a licensed mental health counselor or therapist;
F. "art therapy" means the rendering of art therapy principles whereby communication is facilitated through therapeutic counseling and art media. This involves the application of the principles of human development and psychological theories, which are implemented in the full spectrum of models of assessment and treatment, including psychodynamics and cognitive, interpersonal and other therapeutic means to individuals, couples, families, groups and communities for the promotion of optimal mental health;
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. "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 and therapists 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" as defined by rule, means a degree in guidance counseling, mental health-community counseling or agency counseling; psychology, clinical psychology, counseling psychology; human and family studies; art therapy; and art education with an emphasis in art therapy;
O. "defined by rule" means rules and regulations published by the board to establish criteria, standards and procedures relevant to application, licensing, administration and enforcement of the Counseling and Therapy Practice Act;
P. "department" means the regulation and licensing department or the division of the department designated to administer the counseling and therapy practice board;
Q. "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 or therapists are not educated, trained and licensed to perform;
R. "evaluation" means the act of making informed decisions based on the use and analysis of pertinent data;
S. "internship" means a distinctly defined, pre-graduate, supervised clinical experience in which the student refines, enhances and integrates professional knowledge with basic counselor or therapist skills appropriate to the student's program and preparation for postgraduate professional placement;
T. "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;
U. "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;
V. "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 mental disorders;
W. "practicum" means a distinctly defined, supervised clinical experience in which the student develops basic counselor or therapist skills and integrates professional knowledge. Practicum is completed prior to or concurrent with an internship;
X. "program" means a structured sequence of curricular and clinical experiences housed within an academic unit;
Y. "referral" means evaluating and identifying the needs of a client to determine the advisability of referrals to other specialists, advising the client of such judgments and communicating as requested or deemed appropriate to such referral sources;
Z. "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;
AA. "standard" means a minimal criterion that must be met; and
BB. "substance abuse-related fields" means a degree in guidance counseling, mental health-community counseling, agency counseling, psychology, clinical psychology, counseling psychology, human and family studies, social work, art therapy and art education with appropriate clinical background and two hundred seventy-six clock hours in education or training in alcohol and drug abuse counseling."
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 licensed associate marriage and family therapist; or
(7) counseling as a registered independent 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 associate."
Section 3. Section 61-9A-5 NMSA 1978 (being Laws 1993, Chapter 49, Section 5, as amended) is amended to read:
"61-9A-5. SCOPES OF PRACTICE.--
A. For the purpose of the Counseling and Therapy Practice Act, a person is practicing as a professional mental health counselor, professional clinical mental health counselor, marriage and family therapist, professional art therapist, registered independent mental health counselor, registered mental health counselor, licensed mental health counselor, licensed associate marriage and family therapist, alcohol and drug abuse counselor, alcohol abuse counselor, drug abuse counselor or substance abuse associate 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, alcohol and drug abuse counselor, alcohol abuse counselor, drug abuse counselor or substance abuse counselor associate, 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" 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 professional art therapy" means the licensed practice of counseling or therapy services to individuals, families or groups, of services that use art media as a means of expression and communication 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 associate 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 or therapy treatment interventions and strategies.
D. "Practice of marriage and family therapy" means the licensed practice of marriage and family therapy services delivered to persons, couples and families treated singly or in groups within the context of family systems 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 associate 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 marriage and family therapy treatment interventions and strategies.
E. "Practice of licensed mental health counselor, licensed mental health associate, registered independent counselor and licensed associate marriage and family therapist under an appropriate clinical supervisor" consists of rendering counseling services, which may include evaluation, assessment, consultation, diagnosing, development of treatment plans, case management counseling referral, appraisal, crisis intervention education, reporting and record keeping to individuals, couples, families or groups as defined by rule.
F. The scopes of practice of alcohol and drug abuse counseling, or both, consists of rendering treatment and intervention services specific to alcohol and other drug use disorders to persons, 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 record keeping. Nothing in this scope of practice shall be construed as preventing licensed 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 associate under the supervision by an appropriate supervisor is limited to supervised work in a public or private institution. The associate may be involved in taking social histories or conducting home studies. The associate utilizes the basic problem-solving process of gathering information, assessing that information at a beginning professional level and developing an intervention plan. The associate may implement the plan and conduct follow-ups pertaining specifically to alcohol and drug abuse counseling. The associate may provide client education and assist a licensed counselor-therapist with group or individual counseling sessions. A substance abuse associate shall not practice independently as a private practitioner."
Section 4. Section 61-9A-6 NMSA 1978 (being Laws 1993, Chapter 49, Section 6, as amended by Laws 2003, Chapter 422, Section 4 and by Laws 2003, Chapter 423, Section 1) is amended to read:
"61-9A-6. EXEMPTIONS.--
A. Nothing in the Counseling and Therapy Practice Act shall be construed to prevent:
(1) a person who is licensed, certified or regulated under the laws of this state from engaging in activities consistent with the standards and ethics of the person's profession or practice; or
(2) an alternative, metaphysical or holistic practitioner from engaging in nonclinical activities consistent with the standards and codes of ethics of that practice.
B. Specifically exempted from the Counseling and Therapy Practice Act are:
(1) elementary and secondary school counselors acting on behalf of their employer who are otherwise regulated;
(2) peer counselors of domestic violence or independent-living peer counselors working under appropriate supervision in a nonprofit corporation, association or similar entity;
(3) duly ordained, commissioned or licensed ministers of a church 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;
(5) practitioners of Native American healing arts; and
(6) individuals who serve as peer counselors for a twelve-step recovery program or a similar self-help chemical dependency recovery program that:
(a) does not offer chemical dependency treatment;
(b) does not charge program participants a fee; and
(c) allows program participants to maintain anonymity.
C. Nothing in this section shall be construed to allow an individual whose license has been lost or suspended by the New Mexico counseling and therapy practice board or the New Mexico state board of psychology examiners to avoid such loss or suspension by utilizing this exemption."
Section 5. 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;
B. conduct and review the required examinations;
C. issue licenses and certificates of registration to applicants who meet the requirements of the Counseling and Therapy Practice Act;
D. 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;
E. approve the selection of primary staff assigned to the board;
F. maintain records, including financial records; and
G. maintain a current register of licensees and registrants as a matter of public record."
Section 6. A new section of the Counseling and Therapy Practice Act is enacted to read:
"ACTIONS OF BOARD--IMMUNITY--CERTAIN RECORDS NOT PUBLIC RECORDS.--
A. No member of the board or person working on behalf of the board shall be civilly liable or subject to civil damages for any good-faith action undertaken or performed within the proper functions of the board.
B. All written and oral communication made by a person to the board relating to actual or potential disciplinary action shall be confidential communication and are not public records for the purposes of the Public Records Act. All data, communication and information acquired by the board relating to actual or potential disciplinary action shall not be disclosed except:
(1) to the extent necessary to carry out the board's functions;
(2) as needed for judicial review of the board's actions; or
(3) pursuant to a court order issued by a court of competent jurisdiction.
C. Notwithstanding the provisions of Subsection B of this section, at the conclusion of an actual disciplinary action by the board, all data, communication and information acquired by the board relating to an actual disciplinary action taken against a person subject to the provisions of the Counseling and Therapy Practice Act shall be public records, pursuant to the provisions of the Public Records Act."
Section 7. 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.--Effective July 1, 2007, the board will no longer license professional mental health counselors. Prior to the effective date, 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 from an accredited institution and has 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 examinations prescribed by the board;
D. has completed one thousand client contact hours of postgraduate professional counseling experience under appropriate clinical 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 8. 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 or counseling-related field, as defined by rule, from an accredited institution. 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 9. Section 61-9A-11.1 NMSA 1978 (being Laws 1999, Chapter 161, Section 10, as amended) 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, 2005 through July 1, 2007 period and who submits satisfactory evidence that the applicant:
A. has reached the age of twenty-one;
B. holds a current professional mental health counselor license;
C. holds a master's or doctoral degree from an accredited institution;
D. demonstrates professional competency by satisfactorily passing the required examinations as prescribed by the board;
E. has a minimum of three thousand hours of client contact experience, including at least one hundred hours of face-to-face supervision or a minimum of ten thousand hours of client contact experience, including at least two hundred hours of face-to-face supervision; and
F. is of good moral character with conduct consistent with the code of ethics."
Section 10. 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 marriage and family therapy 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 clinical 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 11. A new section of the Counseling and Therapy Practice Act is enacted to read:
"LICENSED ASSOCIATE MARRIAGE AND FAMILY THERAPIST OR COUNSELOR--REQUIREMENTS FOR LICENSURE.--The board shall issue a license as an associate marriage and family therapist or counselor 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 or counselor from an accredited institution and meets the requirements of the marriage and family therapy or counselor core curriculum, as defined by rule;
C. has arranged for appropriate clinical supervision, as defined by rule, to meet the requirements for a licensed associate marriage and family therapist;
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 12. 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.--
A. 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:
(1) has reached the age of twenty-one;
(2) demonstrates professional competency by passing an examination as prescribed by the board;
(3) holds one of the following:
(a) a master's or doctoral degree from an accredited institution or nationally approved art therapy program in art therapy that includes seven hundred hours of supervised internship experience from an accredited institution;
(b) a master's degree in counseling or 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
(c) a master's degree in counseling or a counseling-related field, as defined by rule, and completed a minimum of twenty-four semester hours in an art therapy certificated program from an accredited institution or nationally approved American art therapy association program;
(4) has completed one thousand client contact hours of postgraduate face-to-face experience under appropriate supervision beyond the requirements in Subparagraphs (a), (b) and (c) of Paragraph (3) of this subsection. 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
(5) is of good moral character with conduct consistent with the code of ethics.
B. Effective July 1, 2005 applicants must meet the art therapy core curriculum, as defined by rule."
Section 13. 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 associate 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 or counseling-related field, as defined by rule and a total of no less than forty-eight graduate semester hours or seventy-two quarter hours in the core curriculum;
C. has arranged for an appropriate clinical supervision plan and a postgraduate experience plan, as defined by rule, to meet the licensing requirements for a:
(1) professional art therapist;
(2) professional mental health counselor; or
(3) 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 14. 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 ASSOCIATE--REQUIREMENTS FOR LICENSURE.--
A. Effective July 1, 2005, the board shall license as a substance abuse associate any person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant as defined by rule:
(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, counseling-related field or substance abuse-related field from an accredited institution and has a total of ninety clock hours of education and training in the fields of alcohol and drug abuse counseling; and
(4) has arranged for an appropriate supervision plan, as defined by rule, to meet the requirements for licensure as a substance abuse associate.
B. The applicant shall also provide two letters of recommendation."
Section 15. Section 61-9A-14.2 NMSA 1978 (being Laws 1999, Chapter 161, Section 15, as amended) is amended to read:
"61-9A-14.2. ALCOHOL AND DRUG ABUSE COUNSELOR--REQUIREMENTS FOR LICENSURE.--
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, as defined by rule:
A. is of good moral character with conduct consistent with the code of ethics;
B. has reached the age of twenty-one;
C. demonstrates professional competency by passing the required examinations prescribed by the board;
D. has provided three letters of recommendation: one letter from a current supervisor, one letter from a current employer and one letter from a professional substance abuse colleague; and
E. has one of the following combinations of education and experience:
(1) an associate degree in counseling, a counseling-related field or a substance abuse-related field from an 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, six hours of professional ethics, three years and three thousand client contract hours under appropriate supervision of experience in the practice of alcohol and drug abuse counseling and two hundred hours of face-to-face supervision;
(2) a baccalaureate degree in counseling, a counseling-related field or a substance abuse-related field, as defined by rule, from an 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
(3) a master's degree in counseling, a counseling-related field or a substance abuse-related field, as defined by rule, from an 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 16. 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 licensed associate marriage and family therapist, a professional mental health counselor, a professional clinical mental health counselor, a marriage and family therapist, a professional art therapist or an alcohol and drug abuse counselor."
Section 17. 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 nationally certified counselor as determined by the national board of certified counselors;
B. a certified clinical mental health counselor or therapist as determined by the national board of certified counselors;
C. a clinical member of the American association for marriage and family therapy;
D. a registered art therapist, board certified by the art therapy credential board; or
E. an alcohol and drug abuse counselor who is a national certified addiction counselor level I.
Applicants who do not meet the licensure by credential must meet the current licensure requirements."
Section 18. 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 thirty-day grace period by submitting payment of the renewal fee, late fee and compliance with all renewal requirements. Upon receipt of payment and continuing education unit 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 unit requirements are not completed within the licensing period and by the expiration date, the license or registration will be considered expired and the licensee or registrant will refrain from practicing.
D. Failure to renew a license or registration within thirty days from the date of expiration 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, submit all necessary documentation and meet all current standards for licensure.
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, the licensee or registrant 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 19. 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 fees set by the board in an amount not to exceed:
A. for application for initial licensure, 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, licensed associate marriage and family therapist 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 associate, two hundred dollars ($200)."
Section 20. Section 61-9A-26 NMSA 1978 (being Laws 1993, Chapter 49, Section 26, as amended) is amended to read:
"61-9A-26. LICENSE AND REGISTRATION--DENIAL, SUSPENSION AND REVOCATION.--
A. In accordance with the procedures established by the Uniform Licensing Act, the board may deny, suspend or revoke any license or registration held or applied for under the Counseling and Therapy Practice Act, or take any other action provided for in the Uniform Licensing Act, upon grounds that the licensee, registrant or applicant:
(1) is guilty of fraud, deceit or misrepresentation in procuring or attempting to procure any license or registration provided for in the Counseling and Therapy Practice Act;
(2) is adjudicated mentally incompetent by regularly constituted authorities;
(3) is found guilty of a felony or misdemeanor involving moral turpitude;
(4) is found guilty of unprofessional or unethical conduct;
(5) has illicitly been using any controlled substances, as defined in the Controlled Substances Act, or using a mood-altering substance or alcoholic beverage to an extent or in a manner dangerous to himself or any other person or the public or to an extent that the use impairs his ability to perform the work of a counselor or therapist practitioner;
(6) has violated any provision of the Counseling and Therapy Practice Act or regulations adopted by the board;
(7) is grossly negligent in practice as a professional counselor or therapist practitioner;
(8) willfully or negligently divulges a professional confidence;
(9) demonstrates marked incompetence in practice as a professional counselor or therapist practitioner;
(10) has had a license or registration to practice as a counselor, therapist or other mental health practitioner revoked, suspended or denied in any jurisdiction, territory or possession of the United States or another country for acts of the licensee or registrant similar to acts described in this subsection; or
(11) knowingly and willfully practices beyond the scope of practice, as defined by the board.
B. A certified copy of the record of conviction shall be conclusive evidence of such conviction.
C. Disciplinary proceedings may be instituted by the sworn complaint of any person, including members of the board, and shall conform to the provisions of the Uniform Licensing Act. Any party to a hearing may obtain a copy of the hearing record upon payment of costs for such copy.
D. A person who violates any provision of the Counseling and Therapy Practice Act is guilty of a misdemeanor and upon conviction shall be punished as provided in Section
31-19-1 NMSA 1978."
Section 21. REPEAL.--Section 61-9A-11.2 NMSA 1978 (being Laws 2003, Chapter 422, Section 11, as amended) is repealed.
HGUAC/HB 314
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