0001| HOUSE BILL 339
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| R. DAVID PEDERSON
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO PROFESSIONAL LICENSURE; AMENDING AND ENACTING
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0013| SECTIONS OF CERTAIN PROFESSIONAL LICENSURE ACTS; MAKING AN
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0014| APPROPRIATION.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 61-9-3 NMSA 1978 (being Laws 1963,
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0018| Chapter 92, Section 3, as amended) is amended to read:
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0019| "61-9-3. DEFINITIONS.--As used in the Professional
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0020| Psychologist Act:
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0021| A. "board" means the New Mexico state board of
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0022| psychologist examiners;
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0023| B. "person" includes an individual, firm,
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0024| partnership, association or corporation;
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0025| C. "psychologist" means any person who engages in
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0001| the practice of psychology or holds himself out to the public by
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0002| any title or description of services representing himself as a
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0003| psychologist, which incorporates the words "psychological",
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0004| "psychologist", "psychology", or when a person describes himself
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0005| as above and, under such title or description, offers to render
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0006| or renders services involving the application of principles,
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0007| methods and procedures of the science and profession of
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0008| psychology to persons for compensation or other personal gain;
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0009| D. "practice of psychology" means the observation,
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0010| description, evaluation, interpretation and modification of
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0011| human behavior by the application of psychological principles,
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0012| methods and procedures for the purpose of preventing or
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0013| eliminating symptomatic, maladaptive or undesired behavior and
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0014| of enhancing interpersonal relationships, work and life
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0015| adjustment, personal effectiveness, behavioral health and mental
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0016| health, and further means the rendering of such psychological
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0017| services to individuals, families or groups regardless of
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0018| whether payment is received for services rendered. The practice
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0019| of psychology includes, but is not limited to, psychological
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0020| testing or neuropsychological testing and the evaluation or
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0021| assessment of personal characteristics such as intelligence,
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0022| personality, abilities, interests, aptitudes and
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0023| neuropsychological functioning; counseling, psychoanalysis,
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0024| psychotherapy, hypnosis, biofeedback, behavior analysis and
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0025| therapy; diagnosis and treatment of any mental and emotional
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0001| disorder or disability, alcoholism and substance abuse,
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0002| disorders of habit or conduct and the psychological aspects of
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0003| physical illness, accident, injury and disability; and
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0004| psychoeducational evaluation, therapy, remediation and
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0005| consultation; and
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0006| E. "school" or "college" means any university or
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0007| other institution of higher [learning offering a full-time
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graduate course of study in psychology, which] education that
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0009| is regionally accredited or [whose accreditation as an
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institution of higher learning is recognized by the state
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department of public education or is satisfactory to the board]
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0012| approved by the American psychological association and that
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0013| offers a full-time graduate course of study in psychology as
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0014| defined by regulation of the board."
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0015| Section 2. Section 61-9-4.1 NMSA 1978 (being Laws 1989,
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0016| Chapter 41, Section 4, as amended) is amended to read:
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0017| "61-9-4.1. LICENSE REQUIRED.--
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0018| [A.] Unless licensed to practice psychology under
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0019| the Professional Psychologist Act, no person shall engage in the
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0020| practice of psychology or use the title or represent himself as
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0021| a psychologist or psychologist associate or use any other title,
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0022| abbreviation, letters, signs or devices that indicate the person
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0023| is a psychologist or psychologist associate.
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0024| [B. Any person currently certified as a
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psychologist or psychologist associate on July 1, 1989 shall be
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deemed to be licensed as a psychologist or psychologist
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associate.]"
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0003| Section 3. Section 61-9-5 NMSA 1978 (being Laws 1989,
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0004| Chapter 41, Section 5, as amended) is amended to read:
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0005| "6l-9-5. STATE BOARD OF EXAMINERS--PSYCHOLOGY FUND.--
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0006| A. There is created a "New Mexico state board of
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0007| psychologist examiners" consisting of eight members appointed by
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0008| the governor who are residents of New Mexico and who shall serve
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0009| for three-year staggered terms. The members shall be appointed
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0010| as follows:
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0011| (1) four members shall be professional members
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0012| who are licensed under the Professional Psychologist Act as
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0013| psychologists. The governor shall appoint the professional
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0014| members from a list of names nominated by the New Mexico
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0015| psychological association, the state psychologist association
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0016| and the New Mexico school psychologist association;
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0017| (2) one member shall be licensed under the
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0018| Professional Psychologist Act as a psychologist or psychologist
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0019| associate; and
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0020| (3) three members shall be public members who
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0021| are laymen and have no significant financial interest, direct or
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0022| indirect, in the practice of psychology.
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0023| B. Each member shall hold office until the
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0024| expiration of his appointed term or until a successor is duly
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0025| appointed. When the term of each member ends, the governor
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0001| shall appoint his successor for a term of three years. Any
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0002| vacancy occurring in the board membership other than by
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0003| expiration of term shall be filled by the governor by
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0004| appointment for the unexpired term of the member. The governor
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0005| may remove any board member for misconduct, incompetency or
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0006| neglect of duty.
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0007| C. All money received by the board shall be credited
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0008| to the "psychology fund" [and a receipt for the same shall be
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kept by the secretary-treasurer of the board]. Money in the
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0010| psychology fund at the end of the fiscal year shall not revert
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0011| to the general fund and shall be used in accordance with the
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0012| provisions of the Professional Psychologist Act. The members
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0013| of the board may be reimbursed as provided in the Per Diem and
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0014| Mileage Act, but shall receive no other compensation, perquisite
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0015| or allowance. [The secretary-treasurer may receive such salary
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as the board determines. The sums, together with all other
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incidental expenses of the board, shall be approved by the board
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and sent to the auditor for payment.]"
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0019| Section 4. Section 61-9-6 NMSA 1978 (being Laws 1963,
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0020| Chapter 92, Section 5, as amended) is amended to read:
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0021| "61-9-6. BOARD--MEETING--POWERS.--
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0022| A. The board shall, annually in the month of July,
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0023| hold a meeting and elect from its membership a chairman, [and]
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0024| vice chairman and secretary-treasurer. The board shall meet
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0025| at such other times as it deems necessary or advisable or as
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0001| deemed necessary and advisable by the chairman or a majority of
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0002| its members or the governor. Reasonable notice of all meetings
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0003| shall be given in the manner prescribed by the board. A
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0004| majority of the board constitutes a quorum at any meeting or
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0005| hearing.
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0006| B. The board is authorized to:
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0007| (1) adopt and from time to time revise such
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0008| rules and regulations not inconsistent with the law as may be
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0009| necessary to carry into effect the provisions of the
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0010| Professional Psychologist Act. Such rules and regulations shall
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0011| include but not be limited to a code of conduct for
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0012| psychologists and psychologist associates in the state;
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0013| (2) employ, within the funds available, [a
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secretary] an administrator and other personnel necessary for
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0015| the proper performance of its work under the Professional
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0016| Psychologist Act;
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0017| (3) adopt a seal, and the [secretary]
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0018| administrator shall have the care and custody of the seal;
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0019| (4) examine for, approve, deny, revoke, suspend
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0020| and renew the licensure of psychologist and psychologist
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0021| associate applicants as provided in the Professional
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0022| Psychologist Act;
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0023| (5) conduct hearings upon complaints concerning
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0024| the disciplining of a psychologist or psychologist associate;
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0025| and
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0001| (6) cause the prosecution and enjoinder of all
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0002| persons violating the Professional Psychologist Act and incur
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0003| necessary expenses therefor.
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0004| C. Within sixty days after the close of each fiscal
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0005| year, the board shall submit a written or printed report,
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0006| reviewed and signed by the board members, to the governor
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0007| concerning the work of the board during the preceding fiscal
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0008| year. The report shall include the names of all psychologists
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0009| and psychologist associates to whom licenses have been granted;
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0010| any cases heard and decisions rendered in relation to the work
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0011| of the board; the recommendations of the board as to future
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0012| policies; the names, remuneration and duties of any employees of
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0013| the board; and an account of all money received and expended by
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0014| the board."
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0015| Section 5. Section 61-9-8 NMSA 1978 (being Laws 1963,
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0016| Chapter 92, Section 7, as amended) is amended to read:
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0017| "61-9-8. RECORDS.--
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0018| A. The board shall keep a record of its proceedings
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0019| and a register of all applications for licensure which shall
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0020| show:
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0021| (1) the name, age and residence of each
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0022| applicant;
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0023| (2) the date of the application;
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0024| (3) the place of business of the applicant;
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0025| (4) a summary of the educational and other
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0001| qualifications of the applicant;
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0002| (5) whether an examination was required;
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0003| (6) whether a license was granted;
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0004| (7) the date of the action of the board; and
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0005| (8) such other information as may be deemed
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0006| necessary or advisable by the board in aid of the requirements
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0007| of this subsection.
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0008| B. Except as provided otherwise in the Professional
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0009| Psychologist Act, the records of the board [shall be] are
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0010| public records [and evidence of the proceedings of the board
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set forth therein, duly certified by the secretary of the board
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and bearing the seal of the board, shall be admissible in
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evidence with the same force and effect as if the original were
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produced] and are available to the public in accordance with
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0015| the Public Records Act."
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0016| Section 6. Section 61-9-11 NMSA 1978 (being Laws 1963,
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0017| Chapter 92, Section 10, as amended) is amended to read:
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0018| "61-9-11. LICENSURE--EXAMINATION.--
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0019| A. The board shall issue a license as a psychologist
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0020| to each applicant who files an application upon a form and in
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0021| such manner as the board prescribes, accompanied by the fee
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0022| required by the Professional Psychologist Act, and who furnishes
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0023| evidence satisfactory to the board that he:
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0024| (1) has reached the age of majority;
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0025| (2) is of good moral character;
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0001| (3) is not in violation of any of the
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0002| provisions of the Professional Psychologist Act and the rules
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0003| and regulations adopted pursuant to that act;
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0004| (4) holds a doctoral degree based in part on a
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0005| psychological dissertation from a school or college [as defined
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in the Professional Psychologist Act];
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0007| (5) has had an internship approved by the
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0008| American psychological association and one year of experience
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0009| after receiving the doctoral degree or has had, after receiving
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0010| the doctoral degree, at least two years of supervised
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0011| experience in psychological work of a type satisfactory to the
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0012| board; and
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0013| (6) demonstrates professional competence by
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0014| passing:
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0015| (a) the examination for professional
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0016| practice in psychology promulgated by the [American]
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0017| association of state and provincial psychology boards with a
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0018| minimum score equivalent to or greater than the statistical mean
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0019| as reported by the [American] association of state and
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0020| provincial psychology boards for all doctoral-level candidates
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0021| taking the examination on that occasion; and
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0022| (b) an oral examination administered and
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0023| graded by the board, investigating the applicant's training,
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0024| experience and knowledge [of his area of practice]. The oral
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0025| examination shall be evaluated on a pass-fail basis.
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0001| B. Upon investigation of the application and other
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0002| evidence submitted, the board shall, not less than thirty days
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0003| prior to the examination, notify each applicant that the
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0004| application and evidence submitted for licensure are
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0005| satisfactory and accepted or unsatisfactory and rejected. If
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0006| rejected, the notice shall state the reasons for rejection.
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0007| C. The place of examination shall be designated in
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0008| advance by the board, and examinations shall be given
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0009| [annually] at such time and place and under such supervision
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0010| as the board may determine [and specifically at such other
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times as, in the opinion of the board, the number of applicants
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warrants].
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0013| D. In the event an applicant fails to receive a
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0014| passing grade [on the examination], he may apply for [re-examination] re-examinations and shall be allowed to take a
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0015| subsequent examination upon payment of the fee required by the
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0016| Professional Psychologist Act [An applicant who has failed two
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successive examinations may not reapply until after two years
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from the date of the last examination failed].
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0019| E. The board shall keep a record of all
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0020| examinations, and the grade assigned to each, as part of its
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0021| records for at least two years subsequent to the date of
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0022| examination."
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0023| Section 7. Section 61-9-11.1 NMSA 1978 (being Laws 1983,
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0024| Chapter 334, Section 4, as amended) is amended to read:
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0025| "61-9-11.1. PSYCHOLOGIST ASSOCIATES--LICENSURE--EXAMINATION.--
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0001| A. The board shall issue a license as a psychologist
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0002| associate to each applicant who files an application upon a form
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0003| and in such manner as the board [prescribed] prescribes,
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0004| accompanied by the fee required by the Professional Psychologist
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0005| Act, and who furnishes evidence satisfactory to the board that
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0006| he:
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0007| (1) has reached the age of majority, is of good
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0008| moral character and is not in violation of any of the provisions
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0009| of the Professional Psychologist Act and the rules and
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0010| regulations adopted [thereunder] pursuant to that act;
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0011| (2) holds a master's degree in psychology from
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0012| a department of psychology of a school or college [as defined
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in the Professional Psychologist Act];
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0014| (3) has had, after receiving the master's
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0015| degree, at least five years of experience, one of which shall
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0016| be supervised, in psychological work of a type satisfactory to
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0017| the board; and
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0018| (4) demonstrates professional competence by
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0019| passing:
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0020| (a) the examination for professional
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0021| practice in psychology promulgated by the [American]
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0022| association of state and provincial psychology boards with a
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0023| score equivalent to or greater than the statistical mean as
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0024| reported by the [American] association of state and
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0025| provincial psychology boards for all master's-level candidates
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0001| taking the examination on that occasion; and
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0002| (b) an oral examination administered and
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0003| graded by the board, investigating the applicant's training,
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0004| experience and knowledge of his area of practice. The oral
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0005| examination shall be evaluated on a pass-fail basis.
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0006| B. Upon investigation of the application and other
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0007| evidence submitted, the board shall, not less than thirty days
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0008| prior to the examination, notify each applicant that the
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0009| application and evidence submitted for licensure is satisfactory
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0010| and accepted or unsatisfactory and rejected. If rejected, the
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0011| notice shall state the reasons for rejection.
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0012| C. The place of examination shall be designated in
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0013| advance by the board, and examinations shall be given
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0014| [annually] at such time and place and under such supervision
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0015| as the board may determine [and specifically at such other
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times as, in the opinion of the board, the number of applicants
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warrants].
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0018| D. In the event an applicant fails to receive a
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0019| passing grade [on the examination], he may apply for [re-examination] re-examinations and shall be allowed to take a
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0020| subsequent examination upon payment of the fee required by the
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0021| Professional Psychologist Act. [An applicant who has failed
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two successive examinations may not reapply until after two
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years from the date of the last examination failed.]
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0024| E. The board shall keep a record of all
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0025| examinations, and the grade assigned to each, as part of its
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0001| records for at least two years subsequent to the date of
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0002| examination.
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0003| F. The board may adopt reasonable rules and
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0004| regulations classifying areas and conditions of practice
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0005| permissible for psychologist associates."
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0006| Section 8. Section 61-9-12 NMSA 1978 (being Laws 1963,
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0007| Chapter 92, Section 11, as amended) is amended to read:
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0008| "61-9-12. LICENSE.--The board shall issue a license signed
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0009| by the chairman and vice chairman [of the board] or their
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0010| designee whenever an applicant for licensure successfully
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0011| qualifies as provided for in the Professional Psychologist Act."
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0012| Section 9. Section 61-9-13 NMSA 1978 (being Laws 1963,
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0013| Chapter 92, Section 12, as amended) is amended to read:
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0014| "61-9-13. DENIAL, REVOCATION OR SUSPENSION OF LICENSE.--
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0015| A. The board, by an affirmative vote of at least
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0016| [four] five of its [six] eight members, shall withhold,
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0017| deny, revoke or suspend any psychologist or psychologist
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0018| associate license issued or applied for in accordance with the
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0019| provisions of the Professional Psychologist Act or otherwise
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0020| discipline a licensed psychologist or psychologist associate
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0021| upon proof that the applicant, licensed psychologist or
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0022| psychologist associate:
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0023| (1) has been convicted of a felony or any offense
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0024| involving moral turpitude, the record of conviction being
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0025| conclusive evidence thereof;
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0001| (2) is using any drug, substance or alcoholic
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0002| beverage to an extent or in a manner dangerous to himself, any
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0003| other person or the public or to an extent that the use impairs
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0004| his ability to perform the work of a professional psychologist
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0005| or psychologist associate with safety to the public;
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0006| (3) has impersonated another person holding a
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0007| psychologist or psychologist associate license or allowed
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0008| another person to use his license;
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0009| (4) has used fraud or deception in applying for a
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0010| license or in taking an examination provided for in the
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0011| Professional Psychologist Act;
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0012| (5) has accepted commissions or rebates or other
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0013| forms of remuneration for referring clients to other
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0014| professional persons;
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0015| (6) has allowed his name or license issued under
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0016| the Professional Psychologist Act to be used in connection with
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0017| any person who performs psychological services outside of the
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0018| area of that person's training, experience or competence;
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0019| (7) is legally adjudicated insane or mentally
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0020| incompetent, the record of such adjudication being conclusive
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0021| evidence thereof;
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0022| (8) has willfully or negligently violated any of
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0023| the provisions of the Professional Psychologist Act; [or]
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0024| (9) has violated any code of conduct adopted by
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0025| the board;
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0001| (10) has been disciplined by another state for
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0002| acts similar to acts described in this subsection, and a
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0003| certified copy of the record of discipline of the state imposing
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0004| the discipline is conclusive evidence;
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0005| (11) is incompetent to practice psychology;
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0006| (12) has failed to furnish to the board or its
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0007| representative information requested by the board;
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0008| (13) has abandoned his patients or clients;
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0009| (14) has failed to report to the board adverse
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0010| action taken against the licensee by:
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0011| (a) another licensing jurisdiction;
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0012| (b) a professional psychologist association
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0013| of which he is or has been a member;
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0014| (c) a government agency; or
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0015| (d) a court for actions or conduct similar to
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0016| acts or conduct that would constitute grounds for action as
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0017| described in this subsection;
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0018| (15) has failed to report to the board surrender
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0019| of a license or other authorization to practice psychology in
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0020| another jurisdiction or surrender of membership on a health care
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0021| staff or in a professional association following, in lieu of or
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0022| while under a disciplinary investigation by any of those
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0023| authorities for acts or conduct that would constitute grounds
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0024| for action as defined in this subsection;
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0025| (16) has failed to adequately supervise a
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0001| psychologist associate;
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0002| (17) has employed abusive billing practices; or
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0003| (18) has aided or abetted the practice of
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0004| psychology by a person not licensed by the board.
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0005| [B. Suspension by the board of the license of a
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psychologist or psychologist associate shall be for a period not
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exceeding one year.
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C.] B. A person who has been refused a license or
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0009| whose license has been [revoked] restricted or suspended
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0010| under the provisions of this section may reapply for licensure
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0011| after more than two years have elapsed from the date [denial or
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revocation is legally effective] the restriction or suspension
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0013| is terminated."
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0014| Section 10. Section 61-9-16 NMSA 1978 (being Laws 1963,
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0015| Chapter 92, Section 15, as amended) is amended to read:
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0016| "61-9-16. SCOPE OF ACT.--
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0017| A. Nothing in the Professional Psychologist Act shall
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0018| be construed to limit:
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0019| (1) the activities, services and use of an
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0020| official title on the part of a person in the employ of a
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0021| federal, state, county or municipal agency or of other political
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0022| subdivisions or any educational institution chartered by the
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0023| state insofar as such activities, services and use of any
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0024| official title are a part of the duties of his office or
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0025| position with the agency or institution; [or]
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0001| (2) the activities and services of a student,
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0002| intern or resident in psychology pursuing a course of study in
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0003| psychology at a school or college if these activities and
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0004| services constitute a part of his supervised course of study and
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0005| no fee is charged directly by the student, intern or resident;
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0006| or
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0007| (3) the activities of an applicant working under
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0008| supervision seeking licensure pursuant to the Professional
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0009| Psychologist Act.
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0010| B. Nothing in the Professional Psychologist Act shall
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0011| in any way restrict the use of the term "social psychologist" by
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0012| any person who has received a doctoral degree in sociology or
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0013| social psychology from an institution whose credits in sociology
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0014| or social psychology are acceptable by a school or college and
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0015| who has passed comprehensive examinations in the field of social
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0016| psychology as a part of the requirements for the doctoral degree
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0017| or has had equivalent specialized training in social psychology
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0018| and who has notified the board of his intention to use the term
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0019| "social psychologist" and filed a statement of the fact
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0020| demonstrating his compliance with this subsection. A social
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0021| psychologist shall not practice in any psychological specialty
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0022| outside that of social psychology without complying with the
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0023| provisions of the Professional Psychologist Act.
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0024| C. Lecturers in psychology from any school or college
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0025| may utilize their academic or research titles when invited to
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0001| present lectures to institutions or organizations.
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0002| D. Nothing in the Professional Psychologist Act
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0003| prohibits qualified members of other professional groups who are
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0004| licensed or regulated under the laws of this state from engaging
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0005| in activities within the scope of practice of their respective
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0006| licensing or regulation statutes, but they shall not hold
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0007| themselves out to the public by any title or description of
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0008| services that would lead the public to believe that they are
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0009| psychologists, and they shall not state or imply that they are
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0010| licensed to practice psychology.
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0011| E. [(1)] Nothing in the Professional Psychologist
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0012| Act shall be construed to prevent an alternative, metaphysical
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0013| or holistic practitioner from engaging in non-clinical
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0014| activities consistent with the standards and codes of ethics of
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0015| that practice.
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0016| F. [(2)] Specifically exempted from [this]
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0017| the Professional Psychologist Act are:
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0018| [(a)] (1) alcohol or drug abuse
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0019| counselors working under appropriate supervision for a nonprofit
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0020| corporation, association or similar entity;
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0021| [(b)] (2) peer counselors of domestic
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0022| violence or independent-living peer counselors working under
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0023| appropriate supervision in a nonprofit corporation, association
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0024| or similar entity;
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0025| [(c)] (3) duly ordained, commissioned or
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0001| licensed ministers of a church; lay pastoral-care assistants;
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0002| science of mind practitioners providing uncompensated counselor
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0003| or therapist services on behalf of a church; and Christian
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0004| science practitioners;
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0005| [(d)] (4) students enrolled in a
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0006| graduate-
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0007| level counselor and therapist training program and rendering
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0008| services under supervision;
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0009| [(e)] (5) hypnotherapists certified by
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0010| the American council of hypnotist examiners or the southwest
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0011| hypnotherapists examining board, providing non-clinical services
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0012| from July 1, 1994 to June 30, 1998;
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0013| [(f)] (6) pastoral counselors with
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0014| master's or doctoral degrees, who are certified by the American
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0015| association of pastoral counselors [from July 1, 1994 to June
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30, 1998]; and
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0017| [(g)] (7) practitioners of Native
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0018| American healing arts."
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0019| Section 11. Section 61-9-19 NMSA 1978 (being Laws 1978,
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0020| Chapter 188, Section 2, as amended) is amended to read:
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0021| "61-9-19. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The
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0022| New Mexico state board of psychologist examiners is terminated
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0023| on July 1, [1995] 1997 pursuant to the Sunset Act. The
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0024| board shall continue to operate according to the provisions of
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0025| Chapter 61, Article 9 NMSA 1978 until July 1, [1996] 1998.
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0001| Effective July 1, [1996] 1998, Article 9 of Chapter 61 NMSA
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0002| 1978 is repealed."
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0003| Section 12. A new section of the Professional Psychologist
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0004| Act is enacted to read:
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0005| "[NEW MATERIAL] ACTIONS OF BOARD--IMMUNITY--CERTAIN
|
0006| RECORDS NOT PUBLIC RECORDS.--
|
0007| A. No member of the board or person working on behalf
|
0008| of the board shall be civilly liable or subject to civil damages
|
0009| for any good faith action undertaken or performed within the
|
0010| proper functions of the board.
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0011| B. All written and oral communications made by a
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0012| person to the board relating to actual or potential disciplinary
|
0013| action shall be confidential communications and are not public
|
0014| records for the purposes of the Public Records Act. All data,
|
0015| communications and information acquired by the board relating to
|
0016| actual or potential disciplinary action shall not be disclosed
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0017| except:
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0018| (1) to the extent necessary to carry out the
|
0019| board's functions;
|
0020| (2) as needed for judicial review of the
|
0021| board's actions; or
|
0022| (3) pursuant to a court order issued by a
|
0023| court of competent jurisdiction.
|
0024| C. Notwithstanding the provisions of Subsection B of
|
0025| this section, at the conclusion of an actual disciplinary action
|
0001| by the board, all data, communications and information acquired
|
0002| by the board relating to an actual disciplinary action taken
|
0003| against a person subject to the provisions of the Professional
|
0004| Psychologist Act shall be public records, pursuant to the
|
0005| provisions of the Public Records Act."
|
0006| Section 13. Section 61-9A-17 NMSA 1978 (being Laws 1993,
|
0007| Chapter 49, Section 17) is amended to read:
|
0008| "61-9A-17. LICENSURE WITHOUT EXAMINATION--PROFESSIONAL
|
0009| MENTAL HEALTH COUNSELOR.--An applicant for licensure as a
|
0010| professional mental health counselor who was otherwise
|
0011| qualified but did not receive application materials by June 30,
|
0012| 1995 may be licensed as a professional mental health counselor
|
0013| without examination if the applicant files an application
|
0014| [within one year from the effective date of the Counseling and
|
Therapy Practice Act] by December 31, 1996, accompanied by
|
0016| the required fees, and if:
|
0017| A. the board determines that the applicant meets all
|
0018| other requirements for licensure as a professional mental health
|
0019| counselor;
|
0020| B. at least two years immediately preceding the
|
0021| effective date of licensure, the applicant has a master's degree
|
0022| and has been employed in a public or private agency or self-employed under the title of counselor or held a similar title in
|
0023| a position primarily involving the practice of professional
|
0024| counseling; or
|
0025| C. the board determines that the applicant:
|
0001| (1) meets the education requirements of either a
|
0002| baccalaureate degree in:
|
0003| (a) counseling or a related mental health
|
0004| field from a university or college that was accredited at the
|
0005| time the degree was awarded and provides proof satisfactory to
|
0006| the board of an additional sixty contact hours of professional
|
0007| training deemed appropriate by the board; or
|
0008| (b) any other field from a university or
|
0009| college that was accredited at the time the degree was awarded
|
0010| and provides proof satisfactory to the board of an additional
|
0011| one hundred eighty contact hours of professional training deemed
|
0012| appropriate by the board;
|
0013| (2) meets experience and appropriate supervision
|
0014| requirements as follows:
|
0015| (a) has been engaged in a full-time
|
0016| counseling practice of at least twenty hours per week for at
|
0017| least six consecutive years prior to application to the board;
|
0018| or
|
0019| (b) has acquired six thousand client contact
|
0020| hours primarily in the provision of counseling; and
|
0021| (3) has completed at least two hundred hours
|
0022| under appropriate supervision by June 30, [1994] 1995."
|
0023| Section 14. Section 61-9A-18 NMSA 1978 (being Laws 1993,
|
0024| Chapter 49, Section 18) is amended to read:
|
0025| "61-9A-18. LICENSURE WITHOUT EXAMINATION--PROFESSIONAL
|
0001| CLINICAL MENTAL HEALTH COUNSELOR.--An applicant for licensure as
|
0002| a professional clinical mental health counselor who was
|
0003| otherwise qualified but who did not receive application
|
0004| materials by June 30, 1995 may be licensed without examination
|
0005| if the applicant files an application [within one year of the
|
effective date of the Counseling and Therapy Practice Act] by
|
0007| December 31, 1996, accompanied by the required fees, and if the
|
0008| board determines that the applicant meets all other requirements
|
0009| for licensure as a professional clinical mental health
|
0010| counselor."
|
0011| Section 15. Section 61-9A-19 NMSA 1978 (being Laws 1993,
|
0012| Chapter 49, Section 19) is amended to read:
|
0013| "61-9A-19. LICENSURE WITHOUT EXAMINATION--MARRIAGE AND
|
0014| FAMILY THERAPIST.--An applicant for licensure as a marriage and
|
0015| family therapist who was otherwise qualified but who did not
|
0016| receive application materials by June 30, 1995 may be licensed
|
0017| without examination if the applicant files a completed
|
0018| application [within one year of the effective date of the
|
Counseling and Therapy Practice Act] by December 31, 1996,
|
0020| accompanied by the required fees, and if the board determines
|
0021| the applicant meets all other requirements for licensure as a
|
0022| marriage and family therapist."
|
0023| Section 16. Section 61-9A-20 NMSA 1978 (being Laws 1993,
|
0024| Chapter 49, Section 20) is amended to read:
|
0025| "61-9A-20. LICENSURE WITHOUT EXAMINATION--PROFESSIONAL ART
|
0001| THERAPIST.--An applicant for licensure as a professional art
|
0002| therapist who was otherwise qualified but who did not receive
|
0003| application materials by June 30, 1995 may be licensed without
|
0004| examination if the applicant files a completed application
|
0005| [within one year of the effective date of the Counseling and
|
Therapy Practice Act] by December 31, 1996, accompanied by
|
0007| the required fees, and if the board determines that the
|
0008| applicant meets all other requirements for licensure as a
|
0009| professional art therapist."
|
0010| Section 17. Section 61-9A-21 NMSA 1978 (being Laws 1993,
|
0011| Chapter 49, Section 21) is amended to read:
|
0012| "61-9A-21. CERTIFICATION WITHOUT EXAMINATION--REGISTERED
|
0013| MENTAL HEALTH COUNSELOR.--An applicant for certification as a
|
0014| registered mental health counselor who was otherwise qualified
|
0015| but who did not receive application materials by June 30, 1995
|
0016| may be certified as a registered mental health counselor if the
|
0017| applicant files an application [within one year from the
|
effective date of the Counseling and Therapy Practice Act] by
|
0019| December 31, 1996, accompanied by the required fees, and if:
|
0020| A. the board determines the applicant meets all other
|
0021| requirements for certification as a registered mental health
|
0022| counselor; or
|
0023| B. the board determines that the applicant:
|
0024| (1) meets the education requirements of a
|
0025| baccalaureate degree in either:
|
0001| (a) counseling, psychology or a closely
|
0002| related field from an accredited institution and provides proof
|
0003| satisfactory to the board of an additional sixty contact hours
|
0004| of professional training deemed appropriate by the board; or
|
0005| (b) any other field from an accredited
|
0006| institution and provides proof satisfactory to the board of an
|
0007| additional one hundred eighty contact hours of professional
|
0008| training deemed appropriate by the board;
|
0009| (2) is certified as competent to the board by at
|
0010| least three persons who qualify to provide appropriate
|
0011| supervision and has:
|
0012| (a) been engaged in a full-time counseling
|
0013| practice of at least twenty hours per week for at least four
|
0014| consecutive years prior to application to the board; or
|
0015| (b) acquired four thousand client contact
|
0016| hours primarily in the profession of counseling; and
|
0017| (3) has completed at least two hundred hours
|
0018| under appropriate supervision by July 1, [1994] 1995.
|
0019| Applicants certified under the provisions of this section
|
0020| are exempted from the supervision requirements set forth in
|
0021| Section [14 of the Counseling and Therapy Practice Act]
|
0022| 61-9A-14 NMSA 1978."
|
0023| - 25 - State of New Mexico
|
0024| House of Representatives
|
0025|
|
0001| FORTY-SECOND LEGISLATURE
|
0002| SECOND SESSION, 1996
|
0003|
|
0004|
|
0005| February 6, 1996
|
0006|
|
0007|
|
0008| Mr. Speaker:
|
0009|
|
0010| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
|
0011| been referred
|
0012|
|
0013| HOUSE BILL 339
|
0014|
|
0015| has had it under consideration and reports same with
|
0016| recommendation that it DO PASS, and thence referred to the
|
0017| APPROPRIATIONS AND FINANCE COMMITTEE.
|
0018|
|
0019| Respectfully submitted,
|
0020|
|
0021|
|
0022|
|
0023|
|
0024| Fred Luna, Chairman
|
0025|
|
0001|
|
0002| Adopted Not Adopted
|
0003| (Chief Clerk) (Chief Clerk)
|
0004|
|
0005| Date
|
0006|
|
0007| The roll call vote was 8 For 0 Against
|
0008| Yes: 8
|
0009| Excused: Hobbs, Olquin
|
0010| Absent: Gurule, Varela
|
0011|
|
0012|
|
0013|
|
0014| HO339BI1 State of New Mexico
|
0015| House of Representatives
|
0016|
|
0017| FORTY-SECOND LEGISLATURE
|
0018| SECOND SESSION, 1996
|
0019|
|
0020|
|
0021| February 8, 1996
|
0022|
|
0023|
|
0024| Mr. Speaker:
|
0025|
|
0001| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
|
0002| whom has been referred
|
0003|
|
0004| HOUSE BILL 339
|
0005|
|
0006| has had it under consideration and reports same with
|
0007| recommendation that it DO PASS, amended as follows:
|
0008|
|
0009| 1. On pages 21 through 25, strike Sections 13 through 17 in
|
0010| their entirety.
|
0011|
|
0012| Respectfully submitted,
|
0013|
|
0014|
|
0015|
|
0016|
|
0017| Max Coll, Chairman
|
0018|
|
0019|
|
0020| Adopted Not Adopted
|
0021| (Chief Clerk) (Chief Clerk)
|
0022|
|
0023| Date
|
0024|
|
0025| The roll call vote was 10 For 0 Against
|
0001| Yes: 10
|
0002| Excused: Abeyta, Gentry, Martinez, Picraux, Reyes, Saavedra, Varela, Watchman
|
0003| Absent: none
|
0004|
|
0005|
|
0006|
|
0007| H0339AF1
|
0008|
|
0009| FORTY-SECOND LEGISLATURE
|
0010| SECOND SESSION, 1996
|
0011|
|
0012|
|
0013| February 12, 1996
|
0014|
|
0015| Mr. President:
|
0016|
|
0017| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
|
0018| referred
|
0019|
|
0020| HOUSE BILL 339, as amended
|
0021|
|
0022| has had it under consideration and reports same with
|
0023| recommendation that it DO PASS.
|
0024|
|
0025| Respectfully submitted,
|
0001|
|
0002|
|
0003|
|
0004| __________________________________
|
0005| Shannon Robinson, Chairman
|
0006|
|
0007|
|
0008|
|
0009| Adopted_______________________ Not Adopted_______________________
|
0010| (Chief Clerk) (Chief Clerk)
|
0011|
|
0012|
|
0013|
|
0014| Date ________________________
|
0015|
|
0016|
|
0017| The roll call vote was 5 For 0 Against
|
0018| Yes: 5
|
0019| No: 0
|
0020| Excused: E. Jennings, Smith, Naranjo
|
0021| Absent: None
|
0022|
|
0023|
|
0024| H0339PA1
|
0025|
|