44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO PUBLIC HEALTH; REDEFINING "SCHOOL" OR "COLLEGE" AS USED IN THE PROFESSIONAL PSYCHOLOGIST ACT; CHANGING THE EXAMINATION REQUIREMENTS FOR LICENSURE OF PSYCHOLOGISTS.

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

Section 1. Section 61-9-3 NMSA 1978 (being Laws 1963, Chapter 92, Section 3, as amended by Laws 1996, Chapter 51, Section 5 and also by Laws 1996, Chapter 54, Section 1) is amended to read:

"61-9-3. DEFINITIONS.--As used in the Professional Psychologist Act:

A. "board" means the New Mexico state board of psychologist examiners;

B. "person" includes an individual, firm, partnership, association or corporation;

C. "psychologist" means any person who engages in the practice of psychology or holds himself out to the public by any title or description of services representing himself as a psychologist, which incorporates the words "psychological", "psychologist", "psychology", or when a person describes himself as above and, under such title or description, offers to render or renders services involving the application of principles, methods and procedures of the science and profession of psychology to persons for compensation or other personal gain;

D. "practice of psychology" means the observation, description, evaluation, interpretation and modification of human behavior by the application of psychological principles, methods and procedures for the purpose of preventing or eliminating symptomatic, maladaptive or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health and mental health, and further means the rendering of such psychological services to individuals, families or groups regardless of whether payment is received for services rendered. The practice of psychology includes [but is not limited to] psychological testing or neuropsychological testing and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes and neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, behavior analysis and therapy; diagnosis and treatment of any mental and emotional disorder or disability, alcoholism and substance abuse, disorders of habit or conduct and the psychological aspects of physical illness, accident, injury and disability; and psychoeducational evaluation, therapy, remediation and consultation; and

E. "school" or "college" means any university or other institution of higher education that is regionally accredited [or approved by the American psychological association] and that offers a full-time graduate course of study in psychology as defined by [regulation] rule of the board or that is approved by the American psychological association."

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 each 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 he:

(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 [and regulations] adopted pursuant to that act;

(4) holds a doctoral degree based in part on a psychological dissertation from a school or college;

(5) has had an internship approved by the American psychological association and one year of experience after receiving the doctoral degree or has had, after receiving the doctoral degree, at least two years of supervised experience in psychological work of a type satisfactory to the board; and

(6) demonstrates professional competence by passing:

(a) the examination for professional practice in psychology promulgated by the association of state and provincial psychology boards with [a minimum score equivalent to or greater than the statistical mean as reported by the association of state and provincial psychology boards for all doctoral-level candidates taking the examination on that occasion] a score equal to or greater than the passing score recommended by the association of state and provincial psychology boards; and

(b) an oral examination administered and graded by the board, investigating the applicant's training, experience and knowledge. The oral examination shall be evaluated on a pass-fail basis.

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, he may apply for [re-examinations] 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."