0001| AN ACT | 0002| RELATING TO SUBSTANCE ABUSE; PROVIDING FOR THE LICENSURE OF ALCOHOL AND | 0003| DRUG ABUSE COUNSELORS; AMENDING AND ENACTING SECTIONS OF THE COUNSELING | 0004| AND THERAPY PRACTICE ACT. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 61-9A-3 NMSA 1978 (being Laws 1993, Chapter | 0008| 49, Section 3) is amended to read: | 0009| "61-9A-3. DEFINITIONS.--As used in the Counseling and Therapy | 0010| Practice Act: | 0011| A. "accredited institution" means a university or college | 0012| accredited by a nationally recognized accrediting agency of institutions | 0013| of higher education or an approved institution or program as determined | 0014| by the board; | 0015| B. "alcohol abuse counselor" means an individual who engages | 0016| in the practice of alcohol abuse counseling; | 0017| C. "alcohol and drug abuse counselor" means an individual | 0018| who engages in the practice of alcohol and drug abuse counseling; | 0019| D. "appraisal" means selecting, administering, scoring and | 0020| interpreting instruments designed to assess an individual's aptitudes, | 0021| attitudes, abilities, achievements, interests, personal characteristics | 0022| and current emotional or mental state by appropriately educated, trained | 0023| and experienced clinicians and the use of nonstandardized methods and | 0024| techniques for understanding human behavior in relation to coping with, | 0025| adapting to or changing life situations of a physical, mental or | 0001| emotional nature; | 0002| E. "appropriate supervision" means supervision by a | 0003| professional clinical mental health counselor, professional mental | 0004| health counselor, marriage and family therapist, professional art | 0005| therapist, psychiatrist, psychologist, social worker, psychiatric nurse | 0006| or other similar supervision approved by the board; | 0007| F. "board" means the counseling and therapy practice board; | 0008| G. "clinical counseling" means the rendering of counseling | 0009| services involving the application of principles of psychotherapy, human | 0010| development, learning theory, group dynamics and the etiology of mental | 0011| illness and dysfunctional behavior to individuals, couples, families or | 0012| groups for the purpose of treating psychopathology and promoting optimal | 0013| mental health; | 0014| H. "consulting" means the application of scientific | 0015| principles and procedures in psychotherapeutic counseling, guidance and | 0016| human development to provide assistance in understanding and solving a | 0017| problem that the consultee may have in relation to a third party; | 0018| I. "counseling" means the application of scientific | 0019| principles and procedures in therapeutic counseling, guidance and human | 0020| development to provide assistance in understanding and solving a mental, | 0021| emotional, physical, social, moral, educational, spiritual or career | 0022| development and adjustment problem that a client may have; | 0023| J. "counseling and therapy practice" means the practice of | 0024| professional art therapy, professional clinical mental health | 0025| counseling, professional mental health counseling, marriage and family | 0001| therapy, alcohol abuse counseling, drug abuse counseling and alcohol and | 0002| drug abuse counseling; | 0003| K. "counselor and therapist practitioners" means | 0004| professional art therapists, professional clinical mental health | 0005| counselors, professional mental health counselors, marriage and family | 0006| therapists, registered mental health counselors, registered independent | 0007| mental health counselors, alcohol abuse counselors, drug abuse | 0008| counselors and alcohol and drug abuse counselors as a group; | 0009| L. "department" means the regulation and licensing | 0010| department or the division of the department designated to administer | 0011| the counseling and therapy practice board; | 0012| M. "drug abuse counselor" means an individual who engages in | 0013| the practice of drug abuse counseling; | 0014| N. "marriage and family therapy" means the diagnosis and | 0015| treatment of nervous and mental disorders, whether cognitive, affective | 0016| or behavioral, within the context of marriage and family systems; | 0017| O. "marriage and family therapist" means an individual who | 0018| engages in the practice of marriage and family therapy; | 0019| P. "mental disorder" means any of several conditions or | 0020| disorders that meet the diagnostic criteria contained in the diagnostic | 0021| and statistical manual of the American psychiatric association or the | 0022| world health organization's international classification of diseases | 0023| manual; | 0024| Q. "practice of alcohol and drug abuse counseling" means the | 0025| rendering of counseling services, as defined by regulation of the board, | 0001| to individuals, couples, families or groups. The services may include | 0002| screening, assessment, consultation, development of treatment plans, | 0003| case management, counseling, referral, appraisal, crisis intervention, | 0004| education, reporting and record keeping; | 0005| R. "practice of art therapy" means the rendering to | 0006| individuals, families or groups of services that use art media as a | 0007| means of expression and communication to promote perceptive, intuitive, | 0008| affective and expressive experiences that alleviate distress, reduce | 0009| physical, emotional, behavioral and social impairment and lead to growth | 0010| or reintegration of one's personality. Art therapy services include, | 0011| but are not limited to, diagnostic evaluation, development of patient | 0012| treatment plans, goals and objectives, case management services and | 0013| therapeutic treatment as defined by regulation of the board; | 0014| S. "practice of marriage and family therapy" means the | 0015| rendering of marriage and family therapy services to individuals, family | 0016| groups and marital couples, singly or in groups. The "practice of | 0017| marriage and family therapy" involves the professional application of | 0018| psychotherapeutic and family systems theories and techniques, as defined | 0019| by regulation of the board, in the delivery of services to individuals, | 0020| married couples and families and involves the presence of a diagnosed | 0021| mental or physical disorder in at least one member of the couple or | 0022| family being treated; | 0023| T. "practice of professional clinical mental health | 0024| counseling" means the rendering of mental health counseling to | 0025| individuals, couples, families or groups and the diagnosis and treatment | 0001| of mental and emotional disorders, including psychopathology as defined | 0002| by the American psychiatric association or the world health | 0003| organization. "Practice of professional clinical mental health | 0004| counseling" includes, but is not limited to, development of patient | 0005| treatment plans, goals and objectives, case management services, | 0006| therapeutic treatment, research and clinical mental health appraisal, | 0007| consulting, counseling and referral as defined by regulation of the | 0008| board; | 0009| U. "practice of professional mental health counseling" means | 0010| the rendering of a therapeutic counseling service that integrates a | 0011| wellness and multicultural model of human behavior involving certain | 0012| methods and techniques of appraisal, including, but not limited to, | 0013| consulting, counseling and referral as defined by regulation of the | 0014| board; | 0015| V. "practice of registered mental health counseling" means | 0016| the rendering, under appropriate supervision, of a therapeutic | 0017| counseling service that integrates a wellness and multicultural model of | 0018| human behavior involving certain methods and techniques of appraisal, | 0019| including, but not limited to, consulting, counseling and referral as | 0020| defined by regulation of the board; | 0021| W. "professional art therapist" means an individual who | 0022| engages in the practice of art therapy; | 0023| X. "professional clinical mental health counselor" means an | 0024| individual who engages in the independent practice of professional | 0025| clinical mental health counseling without supervision; | 0001| Y. "professional mental health counselor" means an | 0002| individual who engages in the practice of professional mental health | 0003| counseling without supervision; | 0004| Z. "referral" means the evaluation of information to | 0005| identify needs of the person being counseled to determine the | 0006| advisability of sending the person being counseled to other specialists, | 0007| informing the person being counseled of such judgment and communicating | 0008| the information to other counseling services as deemed appropriate; | 0009| AA. "registered mental health counselor" means an individual | 0010| who is registered with the board and is authorized by the board to | 0011| engage in the practice of mental health counseling under appropriate | 0012| supervision; | 0013| BB. "substance abuse counselor" means an individual who is | 0014| licensed to practice alcohol and drug abuse counseling, alcohol abuse | 0015| counseling or drug abuse counseling; and | 0016| CC. "substance abuse intern" means an individual who is | 0017| registered to practice alcohol and drug abuse counseling, alcohol abuse | 0018| counseling or drug abuse counseling under appropriate supervision." | 0019| Section 2. Section 61-9A-4 NMSA 1978 (being Laws 1993, Chapter | 0020| 49, Section 4) is amended to read: | 0021| "61-9A-4. LICENSE OR REGISTRATION REQUIRED.-- | 0022| A. After July 1, 1994, unless licensed or registered to | 0023| practice under the Counseling and Therapy Practice Act, no person shall | 0024| engage in the practice of: | 0025| (1) professional mental health counseling; | 0001| (2) professional clinical mental health counseling; | 0002| (3) marriage and family therapy; | 0003| (4) professional art therapy; or | 0004| (5) counseling as a registered mental health | 0005| counselor. | 0006| B. After January 1, 1998, unless licensed or registered to | 0007| practice under the Counseling and Therapy Practice Act, no person shall | 0008| engage in the practice of: | 0009| (1) alcohol and drug abuse counseling; | 0010| (2) alcohol abuse counseling; | 0011| (3) drug abuse counseling; or | 0012| (4) substance abuse counseling as a substance abuse | 0013| intern." | 0014| Section 3. Section 61-9A-5 NMSA 1978 (being Laws 1993, Chapter | 0015| 49, Section 5) is amended to read: | 0016| "61-9A-5. SCOPE OF PRACTICE.-- | 0017| A. For the purpose of the Counseling and Therapy Practice | 0018| Act, a person is practicing as a professional mental health counselor, | 0019| professional clinical mental health counselor, marriage and family | 0020| therapist, professional art therapist, registered mental health | 0021| counselor, alcohol and drug abuse counselor, alcohol abuse counselor, | 0022| drug abuse counselor or substance abuse intern if he advertises; offers | 0023| himself to practice; is employed in a position described as professional | 0024| mental health counselor, professional clinical mental health counselor, | 0025| marriage and family therapist, professional art therapist, registered | 0001| mental health counselor, alcohol and drug abuse counselor, alcohol abuse | 0002| counselor, drug abuse counselor or substance abuse intern; or holds out | 0003| to the public or represents in any manner that he is licensed or | 0004| registered to practice as such in this state. | 0005| B. The scope of the practice of alcohol or drug abuse | 0006| counseling, or both, consists of rendering counseling services, as | 0007| defined by regulation, to individuals, couples, families or groups. The | 0008| services may include screening, assessment, consultation, development of | 0009| treatment plans, case management, counseling, referral, appraisal, | 0010| crisis intervention, education, reporting and recordkeeping." | 0011| Section 4. Section 61-9A-6 NMSA 1978 (being Laws 1993, Chapter | 0012| 49, Section 6) is amended to read: | 0013| "61-9A-6. EXEMPTIONS.-- | 0014| A. Nothing in the Counseling and Therapy Practice Act shall | 0015| be construed to prevent: | 0016| (1) any individual who is licensed, certified or | 0017| regulated under the laws of this state from engaging in activities | 0018| consistent with the standards and ethics of his profession or practice; | 0019| or | 0020| (2) an alternative, metaphysical or holistic | 0021| practitioner from engaging in nonclinical activities consistent with the | 0022| standards and codes of ethics of that practice. | 0023| B. Specifically exempted from the Counseling and Therapy | 0024| Practice Act are: | 0025| (1) elementary and secondary school counselors acting | 0001| on behalf of their employer who are otherwise regulated; | 0002| (2) peer counselors of domestic violence or | 0003| independent-living peer counselors working under appropriate supervision | 0004| in a nonprofit corporation, association or similar entity; | 0005| (3) duly ordained, commissioned or licensed ministers | 0006| of a church or lay pastoral-care assistants providing pastoral services | 0007| on behalf of a church; | 0008| (4) a person who is enrolled in an organized training | 0009| program to qualify for licensure as a counselor or therapist and is | 0010| under direct supervision of a licensed counselor or therapist or other | 0011| appropriate supervision, as approved by the board; | 0012| (5) hypnotherapists certified by the American council | 0013| of hypnotist examiners or the southwest hypnotherapists examining board, | 0014| providing nonclinical services from July 1, 1994 to June 30, 1998; | 0015| (6) pastoral counselors with master's or doctoral | 0016| degrees who are certified by the American association of pastoral | 0017| counselors from July 1, 1994 to June 30, 1998; | 0018| (7) practitioners of Native American healing arts; and | 0019| (8) state employees at the discretion of the head of | 0020| the employing agency." | 0021| Section 5. Section 61-9A-7 NMSA 1978 (being Laws 1993, Chapter | 0022| 49, Section 7) is amended to read: | 0023| "61-9A-7. BOARD CREATED--MEMBERS--APPOINTMENT--TERMS--COMPENSATION.-- | 0024| A. There is created the "counseling and therapy practice | 0025| board", which is administratively attached to the department. | 0001| B. The board shall consist of nine members who are United | 0002| States citizens and have been New Mexico residents for at least five | 0003| years prior to their appointment. Of the nine members: | 0004| (1) five members shall be professional members, who | 0005| shall be a professional mental health counselor, a professional clinical | 0006| mental health counselor, a marriage and family therapist, a professional | 0007| art therapist and an alcohol and drug abuse counselor, licensed under | 0008| the Counseling and Therapy Practice Act and shall have engaged in a | 0009| counselor and therapist practice for at least five years. These members | 0010| shall not hold any elected or appointed office in any professional | 0011| organization of counseling, psychology or closely related field during | 0012| their tenure on the board, nor shall they be school owners. The initial | 0013| professional members shall meet requirements for licensure and be | 0014| licensed within one year after the effective date of the licensure | 0015| requirements. The professional mental health counselor shall also | 0016| represent the registered mental health counselors; and | 0017| (2) four members shall represent the public. The | 0018| public members shall not have been licensed or have practiced as | 0019| counselor or therapist practitioners or in any other regulated mental | 0020| health profession, nor have any significant financial interest, either | 0021| direct or indirect, in the professions regulated. | 0022| C. All members of the board shall be appointed by the | 0023| governor for staggered terms of four years, except that the initial | 0024| board shall be appointed so that the terms of one professional and one | 0025| public member expire June 30, 1994, the terms of one professional and | 0001| one public member expire June 30, 1995, the terms of one professional | 0002| and one public member expire on June 30, 1996 and the terms of one | 0003| professional and one public member expire June 30, 1997. The alcohol | 0004| and drug abuse counselor shall be appointed to a four-year term | 0005| beginning July 1, 1996. Each member shall hold office until his | 0006| successor is appointed. Vacancies shall be filled in the same manner as | 0007| original appointments. No appointee shall serve more than two terms. | 0008| D. The governor may appoint professional board members from | 0009| a list of nominees submitted by qualified individuals and organizations, | 0010| including the New Mexico counseling association, the New Mexico | 0011| association for marriage and family therapy, the New Mexico art therapy | 0012| association and the alcohol and drug directors association. | 0013| E. Members of the board shall be reimbursed as provided in | 0014| the Per Diem and Mileage Act and shall receive no other compensation, | 0015| perquisite or allowance. | 0016| F. The board shall elect annually from its membership a | 0017| chairman and a secretary and other officers as necessary to carry out | 0018| its duties. | 0019| G. The board shall meet at least twice a year and at other | 0020| times deemed necessary. Other meetings may be called by the chairman | 0021| upon the written request of three members of the board. A simple | 0022| majority of the board members shall constitute a quorum of the board." | 0023| Section 6. Section 61-9A-8 NMSA 1978 (being Laws 1993, Chapter | 0024| 49, Section 8) is amended to read: | 0025| "61-9A-8. DEPARTMENT DUTIES.--The department, with the | 0001| consultation of the board, shall: | 0002| A. process applications and conduct and review the required | 0003| examinations; | 0004| B. issue licenses and certificates of registration to | 0005| applicants who meet the requirements of the Counseling and Therapy | 0006| Practice Act; | 0007| C. administer, coordinate and enforce the provisions of the | 0008| Counseling and Therapy Practice Act and investigate persons engaging in | 0009| practices that may violate the provisions of that act; | 0010| D. hire staff as necessary to carry out the provisions of | 0011| the Counseling and Therapy Practice Act; | 0012| E. maintain records, including financial records; and | 0013| F. maintain a current register of licensees and registrants | 0014| as a matter of public record." | 0015| Section 7. Section 61-9A-9 NMSA 1978 (being Laws 1993, Chapter | 0016| 49, Section 9) is amended to read: | 0017| "61-9A-9. BOARD--POWERS AND DUTIES.-- | 0018| A. The board shall have the power to: | 0019| (1) adopt in accordance with the Uniform Licensing Act | 0020| and file in accordance with the State Rules Act rules and regulations | 0021| necessary to carry out the provisions of the Counseling and Therapy | 0022| Practice Act; | 0023| (2) select and provide for the administration of, at | 0024| least, semiannual examinations for licensure; | 0025| (3) establish the passing scores for examinations; | 0001| (4) take any disciplinary action allowed by and in | 0002| accordance with the Uniform Licensing Act; | 0003| (5) censure, reprimand or place a licensee or | 0004| registrant on probation for a period not to exceed one year; | 0005| (6) require and establish criteria for continuing | 0006| education; | 0007| (7) establish by rule procedures for receiving, | 0008| investigating and resolving complaints; | 0009| (8) approve appropriate supervision and postgraduate | 0010| experience for persons seeking licensure or registration; | 0011| (9) provide for the issuance of licenses and | 0012| certificates of registration; | 0013| (10) determine eligibility of individuals for | 0014| licensure or registration; | 0015| (11) set fees for administrative services, licenses | 0016| and registration, as authorized by the Counseling and Therapy Practice | 0017| Act, and authorize all disbursements necessary to carry out the | 0018| provisions of that act; | 0019| (12) establish criteria for supervision and | 0020| supervisory requirements; and | 0021| (13) establish a code of ethics. | 0022| B. The board may establish a standards committee for each | 0023| licensed profession. The members of each standards committee shall be | 0024| appointed by the board with the consent of the department and shall | 0025| include at least one board member from the licensed profession and at | 0001| least one public board member. The board member representing each | 0002| respective profession shall chair its standards committee and the | 0003| committee shall: | 0004| (1) recommend and periodically review a code of | 0005| ethics; | 0006| (2) review license applications and recommend approval | 0007| or disapproval; | 0008| (3) develop criteria for supervision; and | 0009| (4) recommend rules and regulations. | 0010| C. Members of the standards committees may be reimbursed as | 0011| provided in the Per Diem and Mileage Act, but shall receive no other | 0012| compensation, perquisite or allowance. These members shall not hold any | 0013| elected office in any professional organization of counseling, | 0014| psychology or closely related field during their tenure on the standards | 0015| committees." | 0016| Section 8. A new section of the Counseling and Therapy Practice | 0017| Act is enacted to read: | 0018| "SUBSTANCE ABUSE COUNSELORS--REQUIREMENTS FOR | 0019| LICENSURE.-- | 0020| A. The board shall license as a substance abuse intern any | 0021| person who files a completed application accompanied by the required | 0022| fees and who submits satisfactory evidence that the applicant: | 0023| (1) is of good moral character, with conduct | 0024| consistent with the code of ethics; | 0025| (2) is at least eighteen years of age; | 0001| (3) possesses a high school diploma or its equivalent; | 0002| (4) has arranged for a board-approved supervisor and | 0003| experience plan for working under appropriate supervision to meet the | 0004| requirements for licensure as a substance abuse counselor; | 0005| (5) demonstrates knowledge of a working definition of | 0006| substance abuse treatment and recovery; | 0007| (6) signs a code of ethics statement, as approved by | 0008| the board; and | 0009| (7) provides three letters of recommendation as | 0010| established by rule. | 0011| B. The board shall license as an alcohol and drug abuse | 0012| counselor any person who files a completed application accompanied by | 0013| the required fees and who submits satisfactory evidence that the | 0014| applicant: | 0015| (1) is of good moral character, with conduct | 0016| consistent with the code of ethics; | 0017| (2) is at least eighteen years of age; | 0018| (3) possesses a high school diploma or its equivalent; | 0019| (4) has passed an examination, as approved by the | 0020| board; | 0021| (5) signs a code of ethics statement, as approved by | 0022| the board; and | 0023| (6) has one of the following combinations of education | 0024| and experience: | 0025| (a) an associate degree or board-approved | 0001| education and training that includes two hundred seventy clock hours | 0002| with at least ninety hours in each of the fields of alcohol, drug and | 0003| counseling education and training in professional ethics, four years of | 0004| experience in the practice of alcohol and drug abuse counseling under | 0005| appropriate supervision and three hundred hours of approved practicum; | 0006| (b) a baccalaureate degree in a related mental | 0007| health field, two hundred seventy clock hours of specific training that | 0008| may be part of the degree program and that includes at least ninety | 0009| hours in each of the fields of alcohol, drug and counseling education | 0010| and training in professional ethics and three years of experience in the | 0011| practice of alcohol and drug abuse counseling under appropriate | 0012| supervision; or | 0013| (c) a master's degree in a related mental health | 0014| field, two hundred seventy clock hours of specific training that may be | 0015| part of the degree program and that includes at least ninety hours in | 0016| each of the fields of alcohol, drug and counseling education and | 0017| training in professional ethics and two years of experience in the | 0018| practice of alcohol and drug abuse counseling under appropriate | 0019| supervision. | 0020| C. The board shall license as an alcohol abuse counselor any | 0021| person who files a completed application accompanied by the required | 0022| fees and who submits satisfactory evidence that the applicant: | 0023| (1) is of good moral character, with conduct | 0024| consistent with the code of ethics; | 0025| (2) is at least eighteen years of age; | 0001| (3) possesses a high school diploma or its equivalent; | 0002| (4) has passed an examination, as approved by the | 0003| board; | 0004| (5) signs a code of ethics statement, as approved by | 0005| the board; and | 0006| (6) has one of the following combinations of education | 0007| and experience: | 0008| (a) an associate degree or board approved | 0009| education and training that includes one hundred eighty clock hours with | 0010| at least ninety hours in each of the fields of alcohol and counseling | 0011| education and training in professional ethics, four years of experience | 0012| in the practice of alcohol abuse counseling under appropriate | 0013| supervision and three hundred hours of approved practicum; | 0014| (b) a baccalaureate degree in a related mental | 0015| health field, one hundred eighty clock hours of specific training that | 0016| may be part of the degree program and that includes at least ninety | 0017| hours in each of the fields of alcohol and counseling education and | 0018| training in professional ethics and three years of experience in the | 0019| practice of alcohol abuse counseling under appropriate supervision; or | 0020| (c) a master's degree in a related mental health | 0021| field, one hundred eighty clock hours of specific training that may be | 0022| part of the degree program and that includes at least ninety hours in | 0023| each of the fields of alcohol and counseling education and training in | 0024| professional ethics and two years of experience in the practice of | 0025| alcohol abuse counseling under appropriate supervision. | 0001| D. The board shall license as a drug abuse counselor any | 0002| person who files a completed application accompanied by the required | 0003| fees and who submits satisfactory evidence that the applicant: | 0004| (1) is of good moral character, with conduct | 0005| consistent with the code of ethics; | 0006| (2) is at least eighteen years of age; | 0007| (3) possesses a high school diploma or its equivalent; | 0008| (4) has passed an examination, as approved by the | 0009| board; | 0010| (5) signs a code of ethics statement, as approved by | 0011| the board; and | 0012| (6) has one of the following combinations of education | 0013| and experience: | 0014| (a) an associate degree or board- approved | 0015| education and training that includes one hundred eighty clock hours with | 0016| at least ninety hours in each of the fields of drug and counseling | 0017| education and training in professional ethics, four years of experience | 0018| in the practice of drug abuse counseling under appropriate supervision | 0019| and three hundred hours of approved practicum; | 0020| (b) a baccalaureate degree in a related mental | 0021| health field, one hundred eighty clock hours of specific training that | 0022| may be part of the degree program and that includes at least ninety | 0023| hours in each of the fields of drug and counseling education and | 0024| training in professional ethics and three years of experience in the | 0025| practice of drug abuse counseling under appropriate supervision; or | 0001| (c) a master's degree in a related mental health | 0002| field, one hundred eighty clock hours of specific training that may be | 0003| part of the degree program and that includes at least ninety hours in | 0004| each of the fields of drug and counseling education and training in | 0005| professional ethics and two years of experience in the practice of drug | 0006| abuse counseling under appropriate supervision." | 0007| Section 9. A new section of the Counseling and Therapy Practice | 0008| Act is enacted to read: | 0009| "SUBSTANCE ABUSE COUNSELORS--LICENSURE WITHOUT EXAMINATION.--An | 0010| applicant for licensure as an alcohol and drug abuse counselor, an | 0011| alcohol abuse counselor or a drug abuse counselor may be licensed | 0012| without examination if the applicant files a completed application | 0013| postmarked on or before January 1, 1997, accompanied by the required | 0014| fees, and if the board determines that the applicant meets the following | 0015| requirements for licensure: | 0016| A. for licensure as an alcohol and drug abuse counselor: | 0017| (1) the applicant submits verification of current | 0018| nationally certified alcohol and drug abuse counselor certification or | 0019| its equivalent; or | 0020| (2) the applicant meets the educational requirements | 0021| set forth in the Counseling and Therapy Practice Act and has been | 0022| engaged in the practice of alcohol and drug abuse counseling for three | 0023| of the previous four years or has acquired four thousand client contact | 0024| hours under appropriate supervision primarily in the practice of alcohol | 0025| and drug abuse counseling and is of good moral character; | 0001| B. for licensure as an alcohol abuse counselor: | 0002| (1) the applicant submits verification of current | 0003| nationally certified alcohol abuse counselor certification or its | 0004| equivalent; or | 0005| (2) the applicant meets the educational requirements | 0006| set forth in the Counseling and Therapy Practice Act and has been | 0007| engaged in the practice of alcohol abuse counseling for three of the | 0008| previous four years or has acquired four thousand client contact hours | 0009| primarily in the practice of alcohol abuse counseling and is of good | 0010| moral character; or | 0011| C. for licensure as a drug abuse counselor: | 0012| (1) the applicant submits verification of current | 0013| nationally certified alcohol and drug abuse counselor certification or | 0014| its equivalent; or | 0015| (2) the applicant meets the educational and training | 0016| requirements set forth in the Counseling and Therapy Practice Act and | 0017| has been engaged in the practice of drug abuse counseling for three of | 0018| the previous four years or has acquired four thousand client contact | 0019| hours primarily in the practice of drug abuse counseling and is of good | 0020| moral character." | 0021| Section 10. Section 61-9A-15 NMSA 1978 (being Laws 1993, Chapter | 0022| 49, Section 15) is amended to read: | 0023| "61-9A-15. EXAMINATIONS.-- | 0024| A. Applicants who have met the requirements for licensure | 0025| shall be scheduled for the next appropriate examination following the | 0001| approval of the application. The board shall establish by rule the | 0002| examination application deadline and the requirements for re-examination | 0003| if the applicant has failed the examination. | 0004| B. The examination shall cover subjects appropriate to the | 0005| scope of practice as a professional mental health counselor, a | 0006| professional clinical mental health counselor, a marriage and family | 0007| therapist, a professional art therapist or a substance abuse counselor." | 0008| Section 11. Section 61-9A-24 NMSA 1978 (being Laws 1993, Chapter | 0009| 49, Section 24) is amended to read: | 0010| "61-9A-24. LICENSE AND REGISTRATION FEES.--Applicants for | 0011| licensure or registration shall pay biennial fees set by the board in an | 0012| amount not to exceed: | 0013| A. for application for initial licensure or registration, | 0014| seventy-five dollars ($75.00), which is not refundable; | 0015| B. for licensure or renewal as a professional mental health | 0016| counselor, three hundred dollars ($300); | 0017| C. for licensure or renewal as a clinical mental health | 0018| counselor, marriage and family therapist or professional art therapist, | 0019| four hundred twenty dollars ($420); | 0020| D. for registration or renewal as a registered mental health | 0021| counselor or registered independent mental health counselor, two hundred | 0022| forty dollars ($240); | 0023| E. for all examinations, seventy-five dollars ($75.00) or, | 0024| if a national examination is used, an amount that shall not exceed the | 0025| national examination costs by more than twenty-five percent; | 0001| F. for a duplicate or replacement license or registration, | 0002| twenty-five dollars ($25.00); | 0003| G. for failure to renew a license or registration within the | 0004| allotted grace period, a late penalty fee not to exceed one hundred | 0005| dollars ($100); | 0006| H. reasonable administrative fees; and | 0007| I. for licensure, registration or renewal as an alcohol and | 0008| drug abuse counselor, an alcohol abuse counselor, a drug abuse counselor | 0009| or a substance abuse intern, two hundred dollars ($200)." | 0010| Section 12. Section 61-9A-26 NMSA 1978 (being Laws 1993, Chapter | 0011| 49, Section 26) is amended to read: | 0012| "61-9A-26. LICENSE AND REGISTRATION--DENIAL, SUSPENSION AND | 0013| REVOCATION.-- | 0014| A. In accordance with the procedures established by the | 0015| Uniform Licensing Act, the board may deny, suspend or revoke any license | 0016| or registration held or applied for under the Counseling and Therapy | 0017| Practice Act, or take any other action provided for in the Uniform | 0018| Licensing Act, upon grounds that the licensee, registrant or applicant: | 0019| (1) is guilty of fraud, deceit or misrepresentation in | 0020| procuring or attempting to procure any license or registration provided | 0021| for in the Counseling and Therapy Practice Act; | 0022| (2) is adjudicated mentally incompetent by regularly | 0023| constituted authorities; | 0024| (3) is found guilty of a felony or misdemeanor | 0025| involving moral turpitude; | 0001| (4) is found guilty of unprofessional or unethical | 0002| conduct; | 0003| (5) has been using any controlled substances, as | 0004| defined in the Controlled Substances Act, or alcoholic beverage to an | 0005| extent or in a manner dangerous to himself or any other person or the | 0006| public or to an extent that the use impairs his ability to perform the | 0007| work of a counselor or therapist practitioner; | 0008| (6) has violated any provision of the Counseling and | 0009| Therapy Practice Act or regulations adopted by the board; | 0010| (7) is grossly negligent in practice as a professional | 0011| counselor or therapist practitioner; | 0012| (8) willfully or negligently divulges a professional | 0013| confidence; | 0014| (9) demonstrates marked incompetence in practice as a | 0015| professional counselor or therapist practitioner; or | 0016| (10) has had a license or registration to practice as | 0017| a counselor, therapist or other mental health practitioner revoked, | 0018| suspended or denied in any jurisdiction, territory or possession of the | 0019| United States or another country for acts of the licensee or registrant | 0020| similar to acts described in this subsection; or | 0021| (11) knowingly and willfully practices beyond the | 0022| scope of practice, as defined by the board. | 0023| B. A certified copy of the record of conviction shall be | 0024| conclusive evidence of such conviction. | 0025| C. Disciplinary proceedings may be instituted by the sworn | 0001| complaint of any person, including members of the board, and shall | 0002| conform to the provisions of the Uniform Licensing Act. Any party to a | 0003| hearing may obtain a copy of the hearing record upon payment of costs | 0004| for such copy. | 0005| D. A person who violates any provision of the Counseling and | 0006| Therapy Practice Act is guilty of a misdemeanor and upon conviction | 0007| shall be punished as provided in Section | 0008| 31-19-1 NMSA 1978." | 0009| Section 13. EFFECTIVE DATE.--The effective date of the provisions | 0010| of this act is July 1, 1996. | 0011| | 0012| HB | 0013| 790 | 0014| Page  |