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AN ACT

RELATING TO PROFESSIONAL AND OCCUPATIONAL LICENSURE; CHANGING

LICENSE RENEWAL CYCLE AND LICENSURE EXAMINATION REQUIREMENTS;

PROVIDING FOR PROVISIONAL AND TEMPORARY LICENSURE AND

RECIPROCITY; AMENDING AND ENACTING SECTIONS OF THE

PROFESSIONAL PSYCHOLOGIST ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 61-9-7 NMSA 1978 (being Laws 1963,

Chapter 92, Section 6, as amended) is amended to read:

"61-9-7. FEES--LICENSE RENEWAL.--

A. All fees from applicants seeking licensure

under the Professional Psychologist Act and all license

renewal fees received under the Professional Psychologist Act

shall be credited to the psychology fund. No fees shall be

refunded.

B. The board shall set the charge for an

application fee of up to six hundred dollars ($600) to

applicants for licensure under Sections 61-9-9 through

61-9-11.1 NMSA 1978.

C. The board may establish a method to provide for

staggered biennial terms. The board may authorize license

renewal for one year to establish the renewal cycle.

D. A licensee shall renew a license biennially on

or before July 1 by remitting to the board the renewal fee set

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by the board not exceeding six hundred dollars ($600) and

providing proof of continuing education as required by

regulation of the board. Any license issued by the board may

be suspended if the holder fails to renew the license by July

1 of any year. A license suspended for failure to renew may

be renewed within a period of one year after the suspension

upon payment of the renewal fee plus a late fee of one hundred

dollars ($100), together with proof of continuing education

satisfactory to the board. The license shall be revoked if

the license has not been renewed within one year of the

suspension for failure to renew. Prior to issuing a new

license, the board may in its discretion require full or

partial examination of a former licensee whose license was

revoked because of failure to renew."

Section 2. Section 61-9-10 NMSA 1978 (being Laws 1963,

Chapter 92, Section 9, as amended) is amended to read:

"61-9-10. LICENSURE OF PSYCHOLOGISTS FROM OTHER AREAS--

RECIPROCITY.--Subject to the provisions of Section 5 of this

2006 act, upon application accompanied by a fee as required by

the Professional Psychologist Act, the board may, without

written or oral examination, issue a license to a person who

furnishes, upon a form and in such manner as the board

prescribes, evidence satisfactory to the board that the person

is licensed or certified as a psychologist by another state,

territorial possession of the United States, District of

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Columbia, Commonwealth of Puerto Rico or Canadian province if

the requirements for that license or certification are deemed

by the board equivalent to those contained in the Professional

Psychologist Act. The board shall promulgate rules in

accordance with the standards and guidelines set forth by the

American psychological association or the association of state

and provincial psychology boards to ensure a process of

reciprocity for licensure of experienced practitioners from

other states or a Canadian province."

Section 3. Section 61-9-11 NMSA 1978 (being Laws 1963,

Chapter 92, Section 10, as amended) is amended to read:

"61-9-11. LICENSURE--EXAMINATION.--

A. The board shall issue a license as a

psychologist to an applicant who files an application upon a

form and in such manner as the board prescribes, accompanied

by the fee required by the Professional Psychologist Act, and

who furnishes evidence satisfactory to the board that the

applicant:

(1) has reached the age of majority;

(2) is of good moral character;

(3) is not in violation of any of the

provisions of the Professional Psychologist Act and the rules

adopted pursuant to that act;

(4) is a graduate of a doctoral program that

is designated as a doctoral program in psychology by a

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nationally recognized designation system or that is accredited

by a nationally recognized accreditation body and holds a

degree with a major in clinical, counseling or school

psychology from a university offering a full-time course of

study in psychology;

(5) has had:

(a) a predoctoral internship approved

by the American psychological association and one year of

supervised professional training after receiving the doctoral

degree; or

(b) after receiving the doctoral

degree, at least two years of supervised experience in

psychological work of a type satisfactory to the board;

(6) demonstrates professional competence by

passing the examination for professional practice in

psychology promulgated by the association of state and

provincial psychology boards with a total raw score of 140

(seventy percent), before January 1, 1993 or, if after January

1, 1993, a score equal to or greater than the passing score

recommended by the association of state and provincial

psychology boards;

(7) demonstrates an awareness and knowledge

of New Mexico cultures as determined by the board; and

(8) passes such jurisprudence examination as

may be given by the board through an on-line testing and

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scoring mechanism.

B. Upon investigation of the application and other

evidence submitted, the board shall, not less than thirty days

prior to the examination, notify each applicant that the

application and evidence submitted for licensure are

satisfactory and accepted or unsatisfactory and rejected. If

rejected, the notice shall state the reasons for rejection.

C. The place of examination shall be designated in

advance by the board, and examinations shall be given at such

time and place and under such supervision as the board may

determine.

D. In the event an applicant fails to receive a

passing grade, the applicant may apply for reexamination and

shall be allowed to take a subsequent examination upon payment

of the fee required by the Professional Psychologist Act.

E. The board shall keep a record of all

examinations, and the grade assigned to each, as part of its

records for at least two years subsequent to the date of

examination."

Section 4. Section 61-9-11.1 NMSA 1978 (being Laws

1983, Chapter 334, Section 4, as amended) is amended to read:

"61-9-11.1. PSYCHOLOGIST ASSOCIATES--LICENSURE--

EXAMINATION.--

A. The board shall issue a license as a

psychologist associate to each applicant who files an

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application upon a form and in such manner as the board

prescribes, accompanied by the fee required by the

Professional Psychologist Act, and who furnishes evidence

satisfactory to the board that the applicant:

(1) has reached the age of majority, is of

good moral character and is not in violation of any of the

provisions of the Professional Psychologist Act and the rules

and regulations adopted pursuant to that act;

(2) holds a master's degree in psychology

from a department of psychology of a school or college;

(3) demonstrates professional competence by

passing the examination for professional practice in

psychology promulgated by the association of state and

provincial psychology boards with a score equivalent to or

greater than the statistical mean as reported by the

association of state and provincial psychology boards for all

master's-level candidates taking the examination on that

occasion;

(4) demonstrates awareness and knowledge of

New Mexico cultures as determined by the board; and

(5) passes such jurisprudence examination as

may be given by the board through an on-line testing and

scoring mechanism.

B. Upon investigation of the application and other

evidence submitted, the board shall, not less than thirty days

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prior to the examination, notify each applicant that the

application and evidence submitted for licensure is

satisfactory and accepted or unsatisfactory and rejected. If

rejected, the notice shall state the reasons for rejection.

C. The place of examination shall be designated in

advance by the board, and examinations shall be given at such

time and place and under such supervision as the board may

determine.

D. In the event an applicant fails to receive a

passing grade, the applicant may apply for reexamination and

shall be allowed to take a subsequent examination upon payment

of the fee required by the Professional Psychologist Act.

E. The board shall keep a record of all

examinations, and the grade assigned to each, as part of its

records for at least two years subsequent to the date of

examination.

F. The board may adopt reasonable rules and

regulations classifying areas and conditions of practice

permissible for psychologist associates."

Section 5. A new section of the Professional

Psychologist Act is enacted to read:

"PROVISIONAL AND TEMPORARY LICENSURE.--

A. A temporary license may be issued to an

applicant previously licensed in another jurisdiction and in

good standing whose out-of-state license meets current

licensing criteria for New Mexico. A temporary license shall

be valid for six months and is not subject to extension or

renewal. The granting of a temporary license to the applicant

does not include issuance of a conditional prescription

certificate unless the board finds the applicant meets the

requirements of Section 61-9-17.1 NMSA 1978.

B. A provisional license may be issued to an

applicant never previously licensed and who does not meet New

Mexico's experience requirements for psychology licensure, but

who otherwise meets criteria for education and training. A

provisionally licensed psychologist must practice under the

supervision of a New Mexico licensed psychologist until fully

licensed. A provisional license shall be valid for eighteen

months and is not subject to extension or renewal."

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