0001| AN ACT | 0002| RELATING TO PROFESSIONAL LICENSURE; AMENDING AND ENACTING SECTIONS OF | 0003| CERTAIN PROFESSIONAL LICENSURE ACTS; MAKING AN APPROPRIATION. | 0004| | 0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0006| Section 1. Section 61-9-3 NMSA 1978 (being Laws 1963, Chapter 92, | 0007| Section 3, as amended) is amended to read: | 0008| "61-9-3. DEFINITIONS.--As used in the Professional Psychologist | 0009| Act: | 0010| A. "board" means the New Mexico state board of psychologist | 0011| examiners; | 0012| B. "person" includes an individual, firm, partnership, as- | 0013| sociation or corporation; | 0014| C. "psychologist" means any person who engages in the | 0015| practice of psychology or holds himself out to the public by any title | 0016| or description of services representing himself as a psychologist, which | 0017| incorporates the words "psychological", "psychologist", "psychology", or | 0018| when a person describes himself as above and, under such title or | 0019| description, offers to render or renders services involving the | 0020| application of principles, methods and procedures of the science and | 0021| profession of psychology to persons for compensation or other personal | 0022| gain; | 0023| D. "practice of psychology" means the observation, descrip- | 0024| tion, evaluation, interpretation and modification of human behavior by | 0025| the application of psychological principles, methods and procedures for | 0001| the purpose of preventing or eliminating symptomatic, maladaptive or | 0002| undesired behavior and of enhancing interpersonal relationships, work | 0003| and life adjustment, personal effectiveness, behavioral health and | 0004| mental health, and further means the rendering of such psychological | 0005| services to individuals, families or groups regardless of whether | 0006| payment is received for services rendered. The practice of psychology | 0007| includes, but is not limited to, psychological testing or neuropsycho- | 0008| logical testing and the evaluation or assessment of personal character- | 0009| istics such as intelligence, personality, abilities, interests, apti- | 0010| tudes and neuropsychological functioning; counseling, psychoanalysis, | 0011| psychotherapy, hypnosis, biofeedback, behavior analysis and therapy; | 0012| diagnosis and treatment of any mental and emotional disorder or dis- | 0013| ability, alcoholism and substance abuse, disorders of habit or conduct | 0014| and the psychological aspects of physical illness, accident, injury and | 0015| disability; and psychoeducational evaluation, therapy, remediation and | 0016| consultation; and | 0017| E. "school" or "college" means any university or other in- | 0018| stitution of higher education that is regionally accredited or approved | 0019| by the American psychological association and that offers a full-time | 0020| graduate course of study in psychology as defined by regulation of the | 0021| board." | 0022| Section 2. Section 61-9-4.1 NMSA 1978 (being Laws 1989, Chapter | 0023| 41, Section 4, as amended) is amended to read: | 0024| "61-9-4.1. LICENSE REQUIRED.--Unless licensed to practice | 0025| psychology under the Professional Psychologist Act, no person shall | 0001| engage in the practice of psychology or use the title or represent | 0002| himself as a psychologist or psychologist associate or use any other | 0003| title, abbreviation, letters, signs or devices that indicate the person | 0004| is a psychologist or psychologist associate." | 0005| Section 3. Section 61-9-5 NMSA 1978 (being Laws 1989, Chapter 41, | 0006| Section 5, as amended) is amended to read: | 0007| "6l-9-5. STATE BOARD OF EXAMINERS--PSYCHOLOGY FUND.-- | 0008| A. There is created a "New Mexico state board of | 0009| psychologist examiners" consisting of eight members appointed by the | 0010| governor who are residents of New Mexico and who shall serve for | 0011| three-year staggered terms. The members shall be appointed as follows: | 0012| (1) four members shall be professional members who are | 0013| licensed under the Professional Psychologist Act as psychologists. The | 0014| governor shall appoint the professional members from a list of names | 0015| nominated by the New Mexico psychological association, the state | 0016| psychologist association and the New Mexico school psychologist | 0017| association; | 0018| (2) one member shall be licensed under the | 0019| Professional Psychologist Act as a psychologist or psychologist | 0020| associate; and | 0021| (3) three members shall be public members who are | 0022| laymen and have no significant financial interest, direct or indirect, | 0023| in the practice of psychology. | 0024| B. Each member shall hold office until the expiration of his | 0025| appointed term or until a successor is duly appointed. When the term of | 0001| each member ends, the governor shall appoint his successor for a term of | 0002| three years. Any vacancy occurring in the board membership other than | 0003| by expiration of term shall be filled by the governor by appointment for | 0004| the unexpired term of the member. The governor may remove any board | 0005| member for misconduct, incompetency or neglect of duty. | 0006| C. All money received by the board shall be credited to the | 0007| "psychology fund". Money in the psychology fund at the end of the | 0008| fiscal year shall not revert to the general fund and shall be used in | 0009| accordance with the provisions of the Professional Psychologist Act. | 0010| The members of the board may be reimbursed as provided in the Per Diem | 0011| and Mileage Act, but shall receive no other compensation, perquisite or | 0012| allowance." | 0013| Section 4. Section 61-9-6 NMSA 1978 (being Laws 1963, Chapter 92, | 0014| Section 5, as amended) is amended to read: | 0015| "61-9-6. BOARD--MEETING--POWERS.-- | 0016| A. The board shall, annually in the month of July, hold a | 0017| meeting and elect from its membership a chairman, vice chairman and | 0018| secretary-treasurer. The board shall meet at such other times as it | 0019| deems necessary or advisable or as deemed necessary and advisable by the | 0020| chairman or a majority of its members or the governor. Reasonable | 0021| notice of all meetings shall be given in the manner prescribed by the | 0022| board. A majority of the board constitutes a quorum at any meeting or | 0023| hearing. | 0024| B. The board is authorized to: | 0025| (1) adopt and from time to time revise such rules and | 0001| regulations not inconsistent with the law as may be necessary to carry | 0002| into effect the provisions of the Professional Psychologist Act. Such | 0003| rules and regulations shall include but not be limited to a code of | 0004| conduct for psychologists and psychologist associates in the state; | 0005| (2) employ, within the funds available, an | 0006| administrator and other personnel necessary for the proper performance | 0007| of its work under the Professional Psychologist Act; | 0008| (3) adopt a seal, and the administrator shall have the | 0009| care and custody of the seal; | 0010| (4) examine for, approve, deny, revoke, suspend and | 0011| renew the licensure of psychologist and psychologist associate appli- | 0012| cants as provided in the Professional Psychologist Act; | 0013| (5) conduct hearings upon complaints concerning the | 0014| disciplining of a psychologist or psychologist associate; and | 0015| (6) cause the prosecution and enjoinder of all persons | 0016| violating the Professional Psychologist Act and incur necessary expenses | 0017| therefor. | 0018| C. Within sixty days after the close of each fiscal year, | 0019| the board shall submit a written or printed report, reviewed and signed | 0020| by the board members, to the governor concerning the work of the board | 0021| during the preceding fiscal year. The report shall include the names of | 0022| all psychologists and psychologist associates to whom licenses have been | 0023| granted; any cases heard and decisions rendered in relation to the work | 0024| of the board; the recommendations of the board as to future policies; | 0025| the names, remuneration and duties of any employees of the board; and an | 0001| account of all money received and expended by the board." | 0002| Section 5. Section 61-9-8 NMSA 1978 (being Laws 1963, Chapter 92, | 0003| Section 7, as amended) is amended to read: | 0004| "61-9-8. RECORDS.-- | 0005| A. The board shall keep a record of its proceedings and a | 0006| register of all applications for licensure which shall show: | 0007| (1) the name, age and residence of each applicant; | 0008| (2) the date of the application; | 0009| (3) the place of business of the applicant; | 0010| (4) a summary of the educational and other qualifica- | 0011| tions of the applicant; | 0012| (5) whether an examination was required; | 0013| (6) whether a license was granted; | 0014| (7) the date of the action of the board; and | 0015| (8) such other information as may be deemed necessary | 0016| or advisable by the board in aid of the requirements of this subsection. | 0017| B. Except as provided otherwise in the Professional | 0018| Psychologist Act, the records of the board are public records and are | 0019| available to the public in accordance with the Public Records Act." | 0020| Section 6. Section 61-9-11 NMSA 1978 (being Laws 1963, Chapter | 0021| 92, Section 10, as amended) is amended to read: | 0022| "61-9-11. LICENSURE--EXAMINATION.-- | 0023| A. The board shall issue a license as a psychologist to each | 0024| applicant who files an application upon a form and in such manner as the | 0025| board prescribes, accompanied by the fee required by the Professional | 0001| Psychologist Act, and who furnishes evidence satisfactory to the board | 0002| that he: | 0003| (1) has reached the age of majority; | 0004| (2) is of good moral character; | 0005| (3) is not in violation of any of the provisions of | 0006| the Professional Psychologist Act and the rules and regulations adopted | 0007| pursuant to that act; | 0008| (4) holds a doctoral degree based in part on a psy- | 0009| chological dissertation from a school or college; | 0010| (5) has had an internship approved by the American | 0011| psychological association and one year of experience after receiving the | 0012| doctoral degree or has had, after receiving the doctoral degree, at | 0013| least two years of supervised experience in psychological work of a type | 0014| satisfactory to the board; and | 0015| (6) demonstrates professional competence by passing: | 0016| (a) the examination for professional practice in | 0017| psychology promulgated by the association of state and provincial psy- | 0018| chology boards with a minimum score equivalent to or greater than the | 0019| statistical mean as reported by the association of state and provincial | 0020| psychology boards for all doctoral-level candidates taking the | 0021| examination on that occasion; and | 0022| (b) an oral examination administered and graded | 0023| by the board, investigating the applicant's training, experience and | 0024| knowledge. The oral examination shall be evaluated on a pass-fail | 0025| basis. | 0001| B. Upon investigation of the application and other evidence | 0002| submitted, the board shall, not less than thirty days prior to the ex- | 0003| amination, notify each applicant that the application and evidence sub- | 0004| mitted for licensure are satisfactory and accepted or unsatisfactory and | 0005| rejected. If rejected, the notice shall state the reasons for re- | 0006| jection. | 0007| C. The place of examination shall be designated in advance | 0008| by the board, and examinations shall be given at such time and place and | 0009| under such supervision as the board may determine. | 0010| D. In the event an applicant fails to receive a passing | 0011| grade, he may apply for re-examinations and shall be allowed to take a | 0012| subsequent examination upon payment of the fee required by the | 0013| Professional Psychologist Act. | 0014| E. The board shall keep a record of all examinations, and | 0015| the grade assigned to each, as part of its records for at least two | 0016| years subsequent to the date of examination." | 0017| Section 7. Section 61-9-11.1 NMSA 1978 (being Laws 1983, Chapter | 0018| 334, Section 4, as amended) is amended to read: | 0019| "61-9-11.1. PSYCHOLOGIST ASSOCIATES--LICENSURE--EXAMINATION.-- | 0020| A. The board shall issue a license as a psychologist associ- | 0021| ate to each applicant who files an application upon a form and in such | 0022| manner as the board prescribes, accompanied by the fee required by the | 0023| Professional Psychologist Act, and who furnishes evidence satisfactory | 0024| to the board that he: | 0025| (1) has reached the age of majority, is of good moral | 0001| character and is not in violation of any of the provisions of the Pro- | 0002| fessional Psychologist Act and the rules and regulations adopted | 0003| pursuant to that act; | 0004| (2) holds a master's degree in psychology from a de- | 0005| partment of psychology of a school or college; | 0006| (3) has had, after receiving the master's degree, at | 0007| least five years of experience, one of which shall be supervised, in | 0008| psychological work of a type satisfactory to the board; and | 0009| (4) demonstrates professional competence by passing: | 0010| (a) the examination for professional practice in | 0011| psychology promulgated by the association of state and provincial psy- | 0012| chology boards with a score equivalent to or greater than the sta- | 0013| tistical mean as reported by the association of state and provincial | 0014| psychology boards for all master's-level candidates taking the | 0015| examination on that occasion; and | 0016| (b) an oral examination administered and graded | 0017| by the board, investigating the applicant's training, experience and | 0018| knowledge of his area of practice. The oral examination shall be eval- | 0019| uated on a pass-fail basis. | 0020| B. Upon investigation of the application and other evidence | 0021| submitted, the board shall, not less than thirty days prior to the ex- | 0022| amination, notify each applicant that the application and evidence sub- | 0023| mitted for licensure is satisfactory and accepted or unsatisfactory and | 0024| rejected. If rejected, the notice shall state the reasons for rejec- | 0025| tion. | 0001| C. The place of examination shall be designated in advance | 0002| by the board, and examinations shall be given at such time and place and | 0003| under such supervision as the board may determine. | 0004| D. In the event an applicant fails to receive a passing | 0005| grade, he may apply for re-examinations and shall be allowed to take a | 0006| subsequent examination upon payment of the fee required by the | 0007| Professional Psychologist Act. | 0008| E. The board shall keep a record of all examinations, and | 0009| the grade assigned to each, as part of its records for at least two | 0010| years subsequent to the date of examination. | 0011| F. The board may adopt reasonable rules and regulations | 0012| classifying areas and conditions of practice permissible for psycholo- | 0013| gist associates." | 0014| Section 8. Section 61-9-12 NMSA 1978 (being Laws 1963, Chapter 92, | 0015| Section 11, as amended) is amended to read: | 0016| "61-9-12. LICENSE.--The board shall issue a license signed by the | 0017| chairman and vice chairman or their designee whenever an applicant for | 0018| licensure successfully qualifies as provided for in the Professional | 0019| Psychologist Act." | 0020| Section 9. Section 61-9-13 NMSA 1978 (being Laws 1963, Chapter 92, | 0021| Section 12, as amended) is amended to read: | 0022| "61-9-13. DENIAL, REVOCATION OR SUSPENSION OF LICENSE.-- | 0023| A. The board, by an affirmative vote of at least five of its | 0024| eight members, shall withhold, deny, revoke or suspend any psychologist | 0025| or psychologist associate license issued or applied for in accordance | 0001| with the provisions of the Professional Psychologist Act or otherwise | 0002| discipline a licensed psychologist or psychologist associate upon proof | 0003| that the applicant, licensed psychologist or psychologist associate: | 0004| (1) has been convicted of a felony or any offense in- | 0005| volving moral turpitude, the record of conviction being conclusive evi- | 0006| dence thereof; | 0007| (2) is using any drug, substance or alcoholic beverage to | 0008| an extent or in a manner dangerous to himself, any other person or the | 0009| public or to an extent that the use impairs his ability to perform the | 0010| work of a professional psychologist or psychologist associate with | 0011| safety to the public; | 0012| (3) has impersonated another person holding a psycho- | 0013| logist or psychologist associate license or allowed another person to | 0014| use his license; | 0015| (4) has used fraud or deception in applying for a license | 0016| or in taking an examination provided for in the Professional Psy- | 0017| chologist Act; | 0018| (5) has accepted commissions or rebates or other forms of | 0019| remuneration for referring clients to other professional persons; | 0020| (6) has allowed his name or license issued under the | 0021| Professional Psychologist Act to be used in connection with any person | 0022| who performs psychological services outside of the area of that person's | 0023| training, experience or competence; | 0024| (7) is legally adjudicated insane or mentally incom- | 0025| petent, the record of such adjudication being conclusive evidence | 0001| thereof; | 0002| (8) has willfully or negligently violated any of the | 0003| provisions of the Professional Psychologist Act; | 0004| (9) has violated any code of conduct adopted by the | 0005| board; | 0006| (10) has been disciplined by another state for acts | 0007| similar to acts described in this subsection, and a certified copy of | 0008| the record of discipline of the state imposing the discipline is | 0009| conclusive evidence; | 0010| (11) is incompetent to practice psychology; | 0011| (12) has failed to furnish to the board or its | 0012| representative information requested by the board; | 0013| (13) has abandoned his patients or clients; | 0014| (14) has failed to report to the board adverse action | 0015| taken against the licensee by: | 0016| (a) another licensing jurisdiction; | 0017| (b) a professional psychologist association of which | 0018| he is or has been a member; | 0019| (c) a government agency; or | 0020| (d) a court for actions or conduct similar to acts | 0021| or conduct that would constitute grounds for action as described in this | 0022| subsection; | 0023| (15) has failed to report to the board surrender of a | 0024| license or other authorization to practice psychology in another | 0025| jurisdiction or surrender of membership on a health care staff or in a | 0001| professional association following, in lieu of or while under a | 0002| disciplinary investigation by any of those authorities for acts or | 0003| conduct that would constitute grounds for action as defined in this | 0004| subsection; | 0005| (16) has failed to adequately supervise a psychologist | 0006| associate; | 0007| (17) has employed abusive billing practices; or | 0008| (18) has aided or abetted the practice of psychology by a | 0009| person not licensed by the board. | 0010| B. A person who has been refused a license or whose license | 0011| has been restricted or suspended under the provisions of this section | 0012| may reapply for licensure after more than two years have elapsed from | 0013| the date the restriction or suspension is terminated." | 0014| Section 10. Section 61-9-16 NMSA 1978 (being Laws 1963, Chapter | 0015| 92, Section 15, as amended) is amended to read: | 0016| "61-9-16. SCOPE OF ACT.-- | 0017| A. Nothing in the Professional Psychologist Act shall be | 0018| construed to limit: | 0019| (1) the activities, services and use of an official title | 0020| on the part of a person in the employ of a federal, state, county or | 0021| municipal agency or of other political subdivisions or any educational | 0022| institution chartered by the state insofar as such activities, services | 0023| and use of any official title are a part of the duties of his office or | 0024| position with the agency or institution; | 0025| (2) the activities and services of a student, intern or | 0001| resident in psychology pursuing a course of study in psychology at a | 0002| school or college if these activities and services constitute a part of | 0003| his supervised course of study and no fee is charged directly by the | 0004| student, intern or resident; or | 0005| (3) the activities of an applicant working under | 0006| supervision seeking licensure pursuant to the Professional Psychologist | 0007| Act. | 0008| B. Nothing in the Professional Psychologist Act shall in any | 0009| way restrict the use of the term "social psychologist" by any person who | 0010| has received a doctoral degree in sociology or social psychology from an | 0011| institution whose credits in sociology or social psychology are | 0012| acceptable by a school or college and who has passed comprehensive | 0013| examinations in the field of social psychology as a part of the | 0014| requirements for the doctoral degree or has had equivalent specialized | 0015| training in social psychology and who has notified the board of his | 0016| intention to use the term "social psychologist" and filed a statement of | 0017| the fact demonstrating his compliance with this subsection. A social | 0018| psychologist shall not practice in any psychological specialty outside | 0019| that of social psychology without complying with the provisions of the | 0020| Professional Psychologist Act. | 0021| C. Lecturers in psychology from any school or college may | 0022| utilize their academic or research titles when invited to present | 0023| lectures to institutions or organizations. | 0024| D. Nothing in the Professional Psychologist Act prohibits | 0025| qualified members of other professional groups who are licensed or | 0001| regulated under the laws of this state from engaging in activities | 0002| within the scope of practice of their respective licensing or regulation | 0003| statutes, but they shall not hold themselves out to the public by any | 0004| title or description of services that would lead the public to believe | 0005| that they are psychologists, and they shall not state or imply that they | 0006| are licensed to practice psychology. | 0007| E. Nothing in the Professional Psychologist Act shall be | 0008| construed to prevent an alternative, metaphysical or holistic | 0009| practitioner from engaging in nonclinical activities consistent with the | 0010| standards and codes of ethics of that practice. | 0011| F. Specifically exempted from the Professional Psychologist | 0012| Act are: | 0013| (1) alcohol or drug abuse counselors working under | 0014| appropriate supervision for a nonprofit corporation, association or | 0015| similar entity; | 0016| (2) peer counselors of domestic violence or | 0017| independent-living peer counselors working under appropriate supervision | 0018| in a nonprofit corporation, association or similar entity; | 0019| (3) duly ordained, commissioned or licensed | 0020| ministers of a church; lay pastoral-care assistants; science of mind | 0021| practitioners providing uncompensated counselor or therapist services on | 0022| behalf of a church; and Christian science practitioners; | 0023| (4) students enrolled in a graduate-level counselor | 0024| and therapist training program and rendering services under supervision; | 0025| (5) hypnotherapists certified by the American | 0001| council of hypnotist examiners or the southwest hypnotherapists | 0002| examining board, providing nonclinical services from July 1, 1994 to | 0003| June 30, 1998; | 0004| (6) pastoral counselors with master's or doctoral | 0005| degrees, who are certified by the American association of pastoral | 0006| counselors; and | 0007| (7) practitioners of Native American healing arts." | 0008| Section 11. Section 61-9-19 NMSA 1978 (being Laws 1978, Chapter | 0009| 188, Section 2, as amended) is amended to read: | 0010| "61-9-19. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The New | 0011| Mexico state board of psychologist examiners is terminated on July 1, | 0012| 1997 pursuant to the Sunset Act. The board shall continue to operate | 0013| according to the provisions of Chapter 61, Article 9 NMSA 1978 until | 0014| July 1, 1998. Effective July 1, 1998, Article 9 of Chapter 61 NMSA 1978 | 0015| is repealed." | 0016| Section 12. A new section of the Professional Psychologist Act is | 0017| enacted to read: | 0018| "ACTIONS OF BOARD--IMMUNITY--CERTAIN RECORDS NOT PUBLIC RECORDS.-- | 0019| A. No member of the board or person working on behalf of the | 0020| board shall be civilly liable or subject to civil damages for any good | 0021| faith action undertaken or performed within the proper functions of the | 0022| board. | 0023| B. All written and oral communications made by a person to | 0024| the board relating to actual or potential disciplinary action shall be | 0025| confidential communications and are not public records for the purposes | 0001| of the Public Records Act. All data, communications and information | 0002| acquired by the board relating to actual or potential disciplinary | 0003| action shall not be disclosed except: | 0004| (1) to the extent necessary to carry out the board's | 0005| functions; | 0006| (2) as needed for judicial review of the board's | 0007| actions; or | 0008| (3) pursuant to a court order issued by a court of | 0009| competent jurisdiction. | 0010| C. Notwithstanding the provisions of Subsection B of this | 0011| section, at the conclusion of an actual disciplinary action by the | 0012| board, all data, communications and information acquired by the board | 0013| relating to an actual disciplinary action taken against a person subject | 0014| to the provisions of the Professional Psychologist Act shall be public | 0015| records, pursuant to the provisions of the Public Records Act." | 0016| | 0017| HB | 0018| 339 | 0019| Page  |