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AN ACT

RELATING TO PROFESSIONAL AND OCCUPATIONAL LICENSURE; CHANGING

THE SCOPES OF PRACTICE; REVISING REQUIREMENTS FOR LICENSURE;

AMENDING AND ENACTING SECTIONS OF THE COUNSELING AND THERAPY

PRACTICE ACT.

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

Section 1. 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 the

person advertises, offers 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

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substance abuse counselor associate, or holds out to the

public or represents in any manner that the person 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

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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

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interventions and strategies.

E. "Practice of licensed professional mental

health counselor, licensed mental health counselor, 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

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activities will be limited to the individual's level of

training, education and supervised experience. The alcohol

and drug abuse counselor may provide therapeutic services that

may include treatment of clients with co-occurring disorders

or dual diagnosis in an integrated behavioral health setting

in which a multidisciplinary team has developed a

multidisciplinary treatment plan that is co-authorized by an

independently licensed counselor or therapist. The treatment

of a mental health disorder shall be supervised by an

independently licensed counselor or therapist.

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 2. Section 61-9A-13 NMSA 1978 (being Laws 1993,

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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 a 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 a master's or doctoral degree in

art therapy, counseling or counseling-related field from an

accredited institution or nationally approved art therapy

program with a total of no less than forty-eight graduate

semester hours or seventy-two quarter hours in the art therapy

core curriculum;

(4) meets the art therapy core curriculum as

defined by rule;

(5) has completed a minimum of two years

post-graduate professional experience, three thousand client

contact hours and one hundred hours of post-graduate face-to-

face experience under appropriate supervision. Seven hundred

clinical client contact hours may be from the applicant's

internship or practicum program beyond the requirements in

Paragraph (3) of this subsection. Supervision shall be under

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a New Mexico-licensed professional art therapist or certified

board therapist for at least fifty percent of the working

hours; and

(6) 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 3. 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; and

D. 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

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that includes two hundred seventy-six clock hours with ninety

hours in each of the fields of alcohol and drug abuse

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

and drug abuse 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

and drug abuse 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 4. A new Section 61-9A-14.3 NMSA 1978 is

enacted to read:

"61-9A-14.3. ALCOHOL AND DRUG ABUSE COUNSELOR--

REQUIREMENTS FOR GRANDFATHERED LICENSURE.--

A. Effective July 1, 2007 through July 1, 2010,

the board shall license as an alcohol and drug abuse counselor

a person who holds a current certified alcohol and drug abuse

counselor certification issued between July 1, 1996 and July

1, 2010 and files a completed application accompanied by the

required fees and 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) has submitted evidence of having

participated in a total of six thousand client contact hours

and three hundred supervised face-to-face hours; and

(4) has completed two hundred seventy-six

clock hours of education or training that includes ninety

hours in each area of the fields of alcohol and drug abuse

counseling and six hours of training in professional ethics

acquired within two years of receipt of the application.

B. An applicant who meets the requirements of

Subsection A of this section will not be required to complete

an examination."

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