HOUSE BILL 370

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Karen E. Giannini

AN ACT

RELATING TO PROFESSIONAL LICENSES; AMENDING THE PROFESSIONAL PSYCHOLOGIST ACT; PROVIDING FOR CRIMINAL BACKGROUND CHECKS; AMENDING LICENSURE REQUIREMENTS.

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

     Section 1. 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] 61-9-10.1 NMSA 1978, 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] has been licensed or certified as a psychologist by another state, a territorial possession of the United States, the District of 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] or another country for a minimum of five years. An applicant seeking reciprocity shall demonstrate to the satisfaction of the board that the training and education received by the applicant is substantially equivalent to the requirements for a doctoral degree in psychology as provided in the Professional Psychologist Act."

     Section 2. 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 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) a predoctoral internship not approved by the American psychological association and one and one-half years of supervised professional training after receiving the doctoral degree; or

                     [(b)] (c) 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 scoring mechanism.

          B. Upon investigation of the application and other evidence submitted, including a criminal background check, 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 3. Section 61-9-13 NMSA 1978 (being Laws 1963, Chapter 92, Section 12, as amended) is amended to read:

     "61-9-13. DENIAL, REVOCATION OR SUSPENSION OF LICENSE.--

          A. The board, by an affirmative vote of at least five of its eight members, shall withhold, deny, revoke or suspend [any] a psychologist or psychologist associate license issued or applied for in accordance with the provisions of the Professional Psychologist Act or otherwise discipline a licensed psychologist or psychologist associate upon proof that the applicant, licensed psychologist or psychologist associate:

                (1) has been convicted of a felony or [any] an offense involving moral turpitude, the record of conviction being conclusive evidence thereof;

                (2) is using [any] a drug, substance or alcoholic beverage to an extent or in a manner dangerous to [himself] the psychologist or psychologist associate, any other person or the public or to an extent that the use impairs [his] the psychologist's or psychologist associate's ability to perform the work of a professional psychologist or psychologist associate with safety to the public;

                (3) has impersonated another person holding a psychologist or psychologist associate license or allowed another person to use [his] the psychologist's or psychologist associate's license;

                (4) has used fraud or deception in applying for a license or in taking an examination provided for in the Professional Psychologist Act;

                (5) has accepted commissions or rebates or other forms of remuneration for referring clients to other professional persons;

                (6) has allowed [his] the psychologist's or psychologist associate's name or license issued under the Professional Psychologist Act to be used in connection with [any] a person who performs psychological services outside of the area of that person's training, experience or competence;

                (7) is legally adjudicated insane or mentally incompetent, the record of such adjudication being conclusive evidence thereof;

                (8) has willfully or negligently violated [any of] the provisions of the Professional Psychologist Act;

                (9) has violated any code of conduct adopted by the board;

                (10) has been disciplined by another state for acts similar to acts described in this subsection, and a certified copy of the record of discipline of the state imposing the discipline is conclusive evidence;

                (11) is incompetent to practice psychology;

                (12) has failed to furnish to the board or its representative information requested by the board;

                (13) has abandoned [his] patients or clients;

                (14) has failed to report to the board adverse action taken against the licensee by:

                     (a) another licensing jurisdiction;

                     (b) a professional psychologist association of which [he] the psychologist or psychologist associate is or has been a member;

                     (c) a government agency; or

                     (d) a court for actions or conduct similar to acts or conduct that would constitute grounds for action as described in this subsection;

                (15) has failed to report to the board surrender of a license or other authorization to practice psychology in another jurisdiction or surrender of membership on a health care staff or in a professional association following, in lieu of or while under a disciplinary investigation by any of those authorities for acts or conduct that would constitute grounds for action as defined in this subsection;

                (16) has failed to adequately supervise a psychologist associate;

                (17) has employed abusive billing practices; or

                (18) has aided or abetted the practice of psychology by a person not licensed by the board.

          B. A person who has been refused a license or whose license has been restricted or suspended under the provisions of this section may reapply for licensure after more than two years have elapsed from the date the restriction or suspension is terminated."

     Section 4. A new section of the Professional Psychologist Act is enacted to read:

     "[NEW MATERIAL] CRIMINAL BACKGROUND CHECKS.--

          A. The board may adopt rules that provide for criminal background checks for all new licensees to include:

                (1) requiring criminal history background checks of applicants for licensure pursuant to the Professional Psychologist Act;

                (2) requiring applicants for licensure to be fingerprinted;

                (3) providing for an applicant who has been denied licensure to inspect or challenge the validity of the background check record;

                (4) establishing a fingerprint and background check fee not to exceed seventy-five dollars ($75.00) to be paid by the applicant; and

                (5) providing for submission of an applicant's fingerprint cards to the federal bureau of investigation to conduct a national criminal history background check and to the department of public safety to conduct a state criminal history check.

          B. Arrest record information received from the department of public safety and the federal bureau of investigation shall be privileged and shall not be disclosed to persons not directly involved in the decision affecting the applicant.

          C. Electronic live fingerprint scans may be used when conducting criminal history background checks."

     Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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