44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
RELATING TO LICENSING; CHANGING PROVISIONS OF THE COUNSELING AND THERAPY PRACTICE ACT; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 61-9A-1 NMSA 1978 (being Laws 1993, Chapter 49, Section 1) is amended to read:
"61-9A-1. SHORT TITLE.--[Sections 1 through 30 of this
act] Chapter 61, Article 9A NMSA 1978 may be cited as the
"Counseling and Therapy Practice Act"."
Section 2. Section 61-9A-3 NMSA 1978 (being Laws 1993, Chapter 49, Section 3, as amended) is amended to read:
"61-9A-3. DEFINITIONS.--As used in the Counseling and Therapy Practice Act:
A. "accredited institution" means a university or
college accredited by a [nationally recognized accrediting]
regionally accredited agency of institutions of higher
education; [or an approved institution or program as
determined by the board;
B. "alcohol abuse counselor" means an individual
who engages in the practice of alcohol abuse counseling;
C. "alcohol and drug abuse counselor" means an
individual who engages in the practice of alcohol and drug
abuse counseling;
D.] B. "appraisal" means selecting, administering,
scoring and interpreting instruments designed to assess an
individual's aptitudes, attitudes, abilities, achievements,
interests, personal characteristics and current emotional or
mental state by appropriately educated, trained and
experienced clinicians and the use of nonstandardized methods
and techniques for understanding human behavior in relation to
coping with, adapting to or changing life situations of a
physical, mental or emotional nature;
[E.] C. "appropriate supervision" means licensed
supervision by a professional clinical mental health
counselor, professional mental health counselor, marriage and
family therapist, professional art therapist, psychiatrist,
psychologist, alcohol and drug counselor or independent social
worker; [psychiatric nurse or other similar supervision
approved by the board;
F.] D. "board" means the counseling and therapy
practice board;
E. "client clinical contact hour" means the client contact hour acquired in the appraisal, diagnosis and treatment of psychopathology;
[G.] F. "clinical counseling" means the rendering
of counseling services involving the application of principles
of psychotherapy, human development, learning theory, group
dynamics and the etiology of mental illness and dysfunctional
behavior to individuals, couples, families or groups for the
purpose of assessing and treating psychopathology and
promoting optimal mental health;
[H.] G. "consulting" means the application of
scientific principles and procedures in psychotherapeutic
counseling, guidance and human development to provide
assistance in understanding and solving a problem that the
consultee may have in relation to a third party;
[I.] H. "counseling" means the application of
scientific principles and procedures in therapeutic
counseling, guidance and human development to provide
assistance in understanding and solving a mental, emotional,
physical, social, moral, educational, spiritual or career
development and adjustment problem that a client may have;
[J.] I. "counseling and therapy practice" means
the licensed or registered practice of professional art
therapy, professional clinical mental health counseling,
professional mental health counseling, registered independent
mental health counseling, marriage and family therapy,
independent alcohol abuse counseling, independent drug abuse
counseling [and] or alcohol and drug abuse counseling;
[K.] J. "counselor and therapist practitioners"
means licensed professional art therapists, professional
clinical mental health counselors, professional mental health
counselors, marriage and family therapists, registered mental
health counselors, registered independent mental health
counselors, alcohol abuse counselors, independent drug abuse
counselors and alcohol and drug abuse counselors as a group;
[L.] K. "department" means the regulation and
licensing department or the division of the department
designated to administer the counseling and therapy practice
board;
[M. "drug abuse counselor" means an individual who
engages in the practice of drug abuse counseling;
N. "marriage and family therapy" means the
diagnosis and treatment of nervous and mental disorders,
whether cognitive, affective or behavioral, within the context
of marriage and family systems;]
L. "direct observation" means under supervision by an appropriate supervisor with the supervisee in one or more of the following settings: face-to-face, co-facilitation, one-way mirrors or direct audio-visual;
M. "independent alcohol abuse counselor" means an individual who is licensed to practice alcohol abuse counseling;
N. "independent alcohol and drug abuse counselor" means an individual who is licensed to practice alcohol and drug abuse counseling;
O. "independent drug abuse counselor" means an individual who is licensed to practice drug abuse counseling;
P. "licensed mental health counselor" means an individual who is registered with the board and is authorized by the board to engage in the practice of mental health counseling under appropriate supervision;
[O.] Q. "marriage and family therapist" means an
individual who engages in the practice of marriage and family
therapy;
R. "marriage and family therapy" means the assessment, diagnosis and treatment of nervous and mental disorders, whether cognitive, affective or behavioral, within the context of marriage and family systems;
[P.] S. "mental disorder" means any of several
conditions or disorders that meet the diagnostic criteria
contained in the diagnostic and statistical manual of the
American psychiatric association or the world health
organization's international classification of diseases
manual;
[Q.] T. "practice of alcohol and drug abuse
counseling" means the [rendering] licensed practice of
counseling services, as defined by regulation of the board, to
individuals, couples, families or groups. The services may
include screening, assessment, consultation, development of
treatment plans, case management, counseling, referral,
appraisal, crisis intervention, education, reporting and
recordkeeping;
[R.] U. "practice of art therapy" means the
[rendering] licensed practice of counseling services to
individuals, families or groups of services that use art media
as a means of expression and communication to promote
perceptive, intuitive, affective and expressive experiences
that alleviate distress, reduce physical, emotional,
behavioral and social impairment and lead to growth or
reintegration of one's personality. Art therapy services
include [but are not limited to] diagnostic evaluation,
development of patient treatment plans, goals and objectives,
case management services and therapeutic treatment as defined
by regulation of the board;
[S.] V. "practice of marriage and family therapy"
means the [rendering] licensed practice of marriage and family
therapy services to individuals, family groups and marital
couples, singly or in groups. The "practice of marriage and
family therapy" involves the professional application of
psychotherapeutic and family systems theories and techniques,
as defined by regulation of the board, in the delivery of
services to individuals, [married] couples and families and
involves the presence of a diagnosed mental or physical
disorder in at least one member of the couple or family being
treated;
[T.] W. "practice of professional clinical mental
health counseling" means the [rendering] licensed practice of
mental health clinical counseling to individuals, couples,
families or groups and the diagnosis and treatment of [mental
and] emotional and mental disorders [including
psychopathology] as defined by the American psychiatric
association or the world health organization. "Practice of
professional clinical mental health counseling" includes [but
is not limited to] development of patient treatment plans,
goals and objectives, case management services, therapeutic
treatment, research and clinical mental health appraisal,
consulting, counseling and referral as defined by regulation
of the board;
[U.] X. "practice of professional mental health
counseling" means the [rendering] licensed practice of a
therapeutic counseling service that integrates a wellness and
multicultural model of human behavior involving certain
methods and techniques of appraisal, including [but not
limited to] consulting, counseling and referral as defined by
regulation of the board;
[V.] Y. "practice of registered independent mental
health counseling" means the [rendering, under appropriate
supervision] registered independent practice of a therapeutic
counseling service that integrates a wellness and
multicultural model of human behavior involving certain
methods and techniques of appraisal, including [but not
limited to] consulting, counseling and referral as defined by
regulation of the board;
[W.] Z. "professional art therapist" means [an] a
licensed individual who engages in the practice of art
therapy;
[X.] AA. "professional clinical mental health
counselor" means [an] a licensed individual who engages in the
independent practice of professional clinical mental health
counseling without supervision;
[Y.] BB. "professional mental health counselor"
means [an] a licensed individual who engages in the practice
of professional mental health counseling without supervision;
[Z.] CC. "referral" means the evaluation of
information to identify needs of the person being counseled to
determine the advisability of sending the person being
counseled to other specialists, informing the person being
counseled of such judgment and communicating the information
to other counseling services as deemed appropriate;
[AA. "registered mental health counselor" means an
individual who is registered with the board and is authorized
by the board to engage in the practice of mental health
counseling under appropriate supervision;]
DD. "registered independent mental health counselor" means an individual who is registered with the board and is authorized by the board to engage in the practice of mental health counseling without supervision; and
[BB.] EE. "substance abuse counselor" means an
individual who is licensed to practice alcohol and drug abuse
counseling, alcohol abuse counseling or drug abuse counseling
[and
CC. "substance abuse intern" means an individual
who is registered to practice alcohol and drug abuse
counseling, alcohol abuse counseling or drug abuse counseling
under appropriate supervision]."
Section 3. Section 61-9A-4 NMSA 1978 (being Laws 1993, Chapter 49, Section 4, as amended) is amended to read:
"61-9A-4. LICENSE OR REGISTRATION REQUIRED.--
A. [After July 1, 1994] Unless licensed or
registered to practice under the Counseling and Therapy
Practice Act, no person shall engage in the practice of:
(1) professional mental health counseling;
(2) professional clinical mental health counseling;
(3) marriage and family therapy;
(4) professional art therapy; [or]
(5) counseling as a [registered] licensed
mental health counselor; or
(6) counseling as a registered independent mental health counselor.
B. After [January 1, 1998] July 1, 1999, unless
licensed or registered to practice under the Counseling and
Therapy Practice Act, no person shall engage in the practice
of:
(1) alcohol and drug abuse counseling;
(2) alcohol abuse counseling; or
(3) drug abuse counseling [or
(4) substance abuse counseling as a substance
abuse intern]."
Section 4. Section 61-9A-5 NMSA 1978 (being Laws 1993, Chapter 49, Section 5, as amended) is amended to read:
"61-9A-5. SCOPE OF PRACTICE.--
A. For the purpose of the Counseling and Therapy
Practice Act, a person is practicing as a professional mental
health counselor, professional clinical mental health
counselor, marriage and family therapist, professional art
therapist, registered independent mental health counselor,
registered mental health counselor, alcohol and drug abuse
counselor, independent alcohol abuse counselor or independent
drug abuse counselor [or substance abuse intern] if he
advertises; offers himself to practice; is employed in a
position described as professional mental health counselor,
professional clinical mental health counselor, marriage and
family therapist, professional art therapist, registered
independent mental health counselor, registered mental health
counselor, alcohol and drug abuse counselor, independent
alcohol abuse counselor or independent drug abuse counselor
[or substance abuse intern]; or holds out to the public or
represents in any manner that he is licensed or registered to
practice as such in this state.
B. The scope of the practice of alcohol or drug abuse counseling, or both, consists of rendering counseling services, as defined by regulation, to individuals, couples, families or groups. The services may include screening, assessment, consultation, development of treatment plans, case management, counseling, referral, appraisal, crisis intervention, education, reporting and recordkeeping."
Section 5. Section 61-9A-6 NMSA 1978 (being Laws 1993, Chapter 49, Section 6, as amended) is amended to read:
"61-9A-6. EXEMPTIONS.--
A. Nothing in the Counseling and Therapy Practice Act shall be construed to prevent:
(1) any individual who is licensed, certified or regulated under the laws of this state from engaging in activities consistent with the standards and ethics of his profession or practice; or
(2) an alternative, metaphysical or holistic practitioner from engaging in nonclinical activities consistent with the standards and codes of ethics of that practice.
B. Specifically exempted from the Counseling and Therapy Practice Act are:
(1) elementary and secondary school counselors acting on behalf of their employer who are otherwise regulated;
(2) peer counselors of domestic violence or independent-living peer counselors working under appropriate supervision in a nonprofit corporation, association or similar entity;
(3) duly ordained, commissioned or licensed ministers of a church or lay pastoral-care assistants providing pastoral services on behalf of a church;
(4) a person who is enrolled in an [organized
training program to qualify for licensure as a counselor or
therapist and is under direct supervision of a licensed
counselor or therapist or other appropriate supervision, as
approved by the board
(5) hypnotherapists certified by the American
council of hypnotist examiners or the southwest
hypnotherapists examining board, providing nonclinical
services from July 1, 1994 to June 30, 1998;
(6) pastoral counselors with master's or
doctoral degrees who are certified by the American association
of pastoral counselors from July 1, 1994 to June 30, 1998]
internship or practicum under appropriate supervision and is
in the internship or practicum for the sole purpose of
acquiring an advanced degree in mental health counseling,
marriage and family therapy, art therapy or a degree in
substance abuse counseling; and
[(7)] (5) practitioners of Native American
healing arts [and
(8) state employees at the discretion of the
head of the employing agency]."
Section 6. Section 61-9A-7 NMSA 1978 (being Laws 1993, Chapter 49, Section 7, as amended) is amended to read:
"61-9A-7. BOARD CREATED--MEMBERS--APPOINTMENT--TERMS--COMPENSATION.--
A. There is created the "counseling and therapy practice board", which is administratively attached to the department.
B. The board shall consist of nine members who are United States citizens and have been New Mexico residents for at least five years prior to their appointment. Of the nine members:
(1) five members shall be professional
members, who shall be a professional mental health counselor,
a professional clinical mental health counselor, a marriage
and family therapist, a professional art therapist and an
alcohol and drug abuse counselor, licensed under the
Counseling and Therapy Practice Act and shall have engaged in
a counselor and therapist practice for at least five years.
These members shall not hold any elected or appointed office
in any professional organization of counseling, psychology or
closely related field during their tenure on the board, nor
shall they be school owners. [The initial professional
members shall meet requirements for licensure and be licensed
within one year after the effective date of the licensure
requirements.] The professional mental health counselor shall
also represent the registered independent and licensed mental
health counselors; and
(2) four members shall represent the public. The public members shall not have been licensed or have practiced as counselor or therapist practitioners or in any other regulated mental health profession, nor have any significant financial interest, either direct or indirect, in the professions regulated.
C. All members of the board shall be appointed by
the governor for staggered terms of four years [except that
the initial board shall be appointed so that the terms of one
professional and one public member expire June 30, 1994, the
terms of one professional and one public member expire June
30, 1995, the terms of one professional and one public member
expire on June 30, 1996 and the terms of one professional and
one public member expire June 30, 1997. The alcohol and drug
abuse counselor shall be appointed to a four-year term
beginning July 1, 1996]. Each member shall hold office until
his successor is appointed. Vacancies shall be filled in the
same manner as original appointments. No appointee shall
serve more than two terms.
D. The governor may appoint professional board members from a list of nominees submitted by qualified individuals and organizations, including the New Mexico counseling association, the New Mexico association for marriage and family therapy, the New Mexico art therapy association and the alcohol and drug directors association.
E. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.
F. The board shall elect annually from its membership a chairman and a secretary and other officers as necessary to carry out its duties.
G. The board shall meet at least twice a year and at other times deemed necessary. Other meetings may be called by the chairman upon the written request of three members of the board. A simple majority of the board members shall constitute a quorum of the board."
Section 7. Section 61-9A-9 NMSA 1978 (being Laws 1993, Chapter 49, Section 9, as amended) is amended to read:
"61-9A-9. BOARD--POWERS AND DUTIES.--
A. The board shall have the power to:
(1) adopt in accordance with the Uniform Licensing Act and file in accordance with the State Rules Act rules and regulations necessary to carry out the provisions of the Counseling and Therapy Practice Act;
(2) select and provide for the administration of, at least, semiannual examinations for licensure;
(3) establish the passing scores for examinations;
(4) take any disciplinary action allowed by and in accordance with the Uniform Licensing Act;
(5) censure, reprimand or place a licensee or registrant on probation for a period not to exceed one year;
(6) require and establish criteria for continuing education;
(7) establish by rule procedures for receiving, investigating and resolving complaints;
(8) approve appropriate supervision and post-graduate experience for persons seeking licensure or registration;
(9) provide for the issuance of licenses and certificates of registration;
(10) determine eligibility of individuals for licensure or registration;
(11) set fees for administrative services, licenses and registration, as authorized by the Counseling and Therapy Practice Act, and authorize all disbursements necessary to carry out the provisions of that act;
(12) establish criteria for supervision and
supervisory requirements; [and]
(13) establish a code of ethics; and
(14) establish standing committees.
B. The board may establish a standards committee for each licensed profession. The members of each standards committee shall be appointed by the board with the consent of the department and shall include at least one board member from the licensed profession and at least one public board member. The board member representing each respective profession shall chair its standards committee and the committee shall:
(1) recommend and periodically review a code of ethics;
(2) review license applications and recommend approval or disapproval;
(3) develop criteria for supervision; and
(4) recommend rules and regulations.
C. Members of the standards committees and standing committees may be reimbursed as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance. These members shall not hold any elected office in any professional organization of counseling, psychology or closely related field during their tenure on the standards committees."
Section 8. Section 61-9A-10 NMSA 1978 (being Laws 1993, Chapter 49, Section 10) is amended to read:
"61-9A-10. PROFESSIONAL MENTAL HEALTH COUNSELOR--REQUIREMENTS FOR LICENSURE.--The board shall issue a license as a professional mental health counselor to any person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
A. has reached the age of twenty-one;
B. holds a master's or doctoral degree in
counseling or an allied mental health field from an accredited
institution [The board may approve, on a case-by-case basis,
applicants who have a master's degree or doctoral degree from
non-accredited institutions];
C. demonstrates professional competency by
[satisfactorily] passing an examination as prescribed by the
board; [and]
D. has completed one thousand client contact hours of postgraduate professional counseling experience under appropriate supervision consisting of at least one hundred supervision hours; and
E. is of good moral character with conduct consistent with the code of ethics."
Section 9. Section 61-9A-11 NMSA 1978 (being Laws 1993, Chapter 49, Section 11) is amended to read:
"61-9A-11. PROFESSIONAL CLINICAL MENTAL HEALTH
COUNSELOR--REQUIREMENTS FOR LICENSURE.--The board shall issue a license as a professional clinical mental health counselor to any person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
A. has reached the age of twenty-one;
B. holds a master's or doctoral degree in
counseling or an allied mental health field from an accredited
institution [Effective July 1, 1998, the applicant must have a
master's degree and a total of sixty graduate hours or more
The board may approve applicants who have a master's degree or
doctoral degree from nonaccredited or foreign institutions on
a case-by-case basis] and a total of at least forty-eight
graduate hours in the mental health clinical core curriculum;
C. demonstrates professional competency by
[satisfactorily] passing an examination as prescribed by the
board; [and]
D. has a minimum of two years of [postgraduate]
professional clinical counseling experience, including at
least three thousand clinical contact hours and at least one
hundred hours of face-to-face supervision. One thousand
client clinical contact hours may be submitted from the
applicant's internship or practicum; and
E. is of good moral character with conduct consistent with the code of ethics."
Section 10. Section 61-9A-12 NMSA 1978 (being Laws 1993, Chapter 49, Section 12) is amended to read:
"61-9A-12. MARRIAGE AND FAMILY THERAPIST--REQUIREMENTS FOR LICENSURE.--The board shall issue a license as a marriage and family therapist to any person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
A. has reached the age of twenty-one;
B. holds a master's or doctoral degree with a focus in marriage and family therapy or meets the requirements of the core curriculum in marriage and family therapy from an accredited institution;
C. demonstrates professional competency by
[satisfactorily] passing an examination as prescribed by the
board; [and]
D. has a minimum of two years of postgraduate marriage and family therapy experience consisting of one thousand client contact hours and two hundred hours of appropriate supervision, of which one hundred hours of such supervision was on an individual basis; and
E. is of good moral character with conduct consistent with the code of ethics."
Section 11. Section 61-9A-13 NMSA 1978 (being Laws 1993, Chapter 49, Section 13) is amended to read:
"61-9A-13. PROFESSIONAL ART THERAPIST--REQUIREMENTS FOR LICENSURE.--The board shall issue a license as a professional art therapist to any person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
A. has reached the age of twenty-one;
B. demonstrates professional competency by
[satisfactorily] passing an examination as prescribed by the
board;
C. holds either:
(1) a master's or doctoral degree in art
therapy that includes seven hundred hours of supervised
internship experience from an accredited institution [The
board may, on a case-by-case basis, approve applicants who
hold a master's degree or a doctoral degree from non-accredited institutions]; or
(2) a master's degree in a counseling related
field, [and] has a minimum of twenty-one semester hours of
sequential course work in the history, theory and practice of
art therapy and has completed seven hundred hours of
supervised internship experience from an accredited
institution. The board may approve on a case-by-case basis
applicants who have a master's degree or a doctoral degree
from non-accredited institutions; [and]
D. has completed one thousand client contact hours
of postgraduate experience under appropriate supervision
beyond the requirements in Paragraph (1) of Subsection C of
this section or two thousand client contact hours of
postgraduate experience under appropriate supervision beyond
the requirements in Paragraph (2) of Subsection C of this
section. Supervision [must] shall be under a nationally
registered licensed or American art therapy board certified
art therapist for at least fifty percent of the working hours;
and
E. is of good moral character with conduct consistent with the code of ethics."
Section 12. Section 61-9A-14 NMSA 1978 (being Laws 1993, Chapter 49, Section 14) is amended to read:
"61-9A-14. REQUIREMENTS FOR [REGISTERED] LICENSED MENTAL
HEALTH COUNSELOR.--The board shall issue a [certificate of
registration] license as a mental health counselor to any
person who files a completed application accompanied by the
required fees and who submits satisfactory evidence that the
applicant:
A. has reached the age of twenty-one;
B. has obtained a master's or doctoral degree in
counseling, marriage and family therapy or an allied mental
health field. The board may approve on a case-by-case basis
applicants who have a master's degree or a doctoral degree
from non-accredited institutions; [and]
C. has arranged for a board-approved supervisor and a postgraduate experience plan for working under the appropriate supervision to meet marriage and family therapist, professional art therapist or professional mental health counselor requirements for licensure;
D. demonstrates professional competency by satisfactorily passing an examination within the applicant's discipline as prescribed by the board; and
E. is of good moral character with conduct consistent with the code of ethics."
Section 13. Section 61-9A-14.1 NMSA 1978 (being Laws 1996, Chapter 61, Section 8) is amended to read:
"61-9A-14.1 [SUBSTANCE] ALCOHOL AND DRUG ABUSE
COUNSELORS--REQUIREMENTS FOR LICENSURE.--
[A. The board shall license as a substance abuse
intern any person who files a completed application
accompanied by the required fees and who submits satisfactory
evidence that the applicant:
(1) is of good moral character, with conduct
consistent with the code of ethics;
(2) is at least eighteen years of age;
(3) possesses a high school diploma or its
equivalent;
(4) has arranged for a board-approved
supervisor and experience plan for working under appropriate
supervision to meet the requirements for licensure as a
substance abuse counselor;
(5) demonstrates knowledge of a working
definition of substance abuse treatment and recovery;
(6) signs a code of ethics statement, as
approved by the board; and
(7) provides three letters of recommendation
as established by rule.
B.] A. Through June 30, 2003, the board shall
license as an alcohol and drug abuse counselor any person who
files a completed application accompanied by the required fees
and who submits satisfactory evidence that the applicant:
(1) is of good moral character, with conduct consistent with the code of ethics;
(2) [is at least eighteen years of age] has
reached his twenty-first birthday;
[(3) possesses a high school diploma or its
equivalent;
(4)] (3) has passed an examination, as
approved by the board;
[(5)] (4) signs a code of ethics statement,
as approved by the board; and
[(6)] (5) has one of the following
combinations of education and experience:
[(a) an associate degree or board-approved education and training that includes two hundred
seventy clock hours with at least ninety hours in each of the
fields of alcohol, drug and counseling education and training
in professional ethics, four years of experience in the
practice of alcohol and drug abuse counseling under
appropriate supervision and three hundred hours of approved
practicum;
(b)] (a) a baccalaureate degree in a
related mental health field, two hundred [seventy] seventy-six
clock hours of specific training that may be part of the
degree program and that includes at least ninety hours in each
of the fields of alcohol, drug and counseling [education] and
six hours of training in professional ethics and three years
of experience in the practice of alcohol and drug abuse
counseling under appropriate supervision; or
[(c)] (b) a master's degree in a
related mental health field, two hundred [seventy] seventy-six
clock hours of specific training that may be part of the
degree program and that includes at least ninety hours in each
of the fields of alcohol, drug and counseling [education] and
six hours of training in professional ethics and two years of
experience in the practice of alcohol and drug abuse
counseling under appropriate supervision.
[C.] B. Effective July 1, 2003, the board shall
license as an alcohol and drug abuse counselor any person who
files a completed application accompanied by the required fees
and who submits satisfactory evidence that the applicant:
(1) is of good moral character, with conduct consistent with the code of ethics;
(2) [is at least eighteen years of age] has
reached his twenty-first birthday;
(3) [possesses a high school diploma or its
equivalent] holds a baccalaureate degree in counseling or in a
related mental health field from an accredited institution;
(4) has passed an examination, as approved by the board;
(5) signs a code of ethics statement, as approved by the board; and
(6) has [one of the following combinations of
education and experience:
(a) an associate degree or board-approved education and training that includes one hundred
eighty clock hours with at least ninety hours in each of the
fields of alcohol and counseling education and training in
professional ethics, four years of experience in the practice
of alcohol abuse counseling under appropriate supervision and
three hundred hours of approved practicum;
(b) a baccalaureate degree in a related
mental health field, one hundred eighty clock hours of
specific training that may be part of the degree program and
that includes at least ninety hours in each of the fields of
alcohol and counseling education and training in professional
ethics and three years of experience in the practice of
alcohol abuse counseling under appropriate supervision; or
(c)] a master's degree in a related
mental health field, [one hundred eighty] two hundred seventy-six clock hours of specific training that may be part of the
degree program and that includes at least ninety hours in each
of the fields of alcohol, drug and counseling education and
six hours of training in professional ethics and [two years of
experience] three hundred hours of approved practicum and two
thousand client contact hours acquired within the last five
years of experience in the practice of alcohol and drug abuse
counseling under appropriate supervision.
[D. The board shall license as a drug abuse
counselor any person who files a completed application
accompanied by the required fees and who submits satisfactory
evidence that the applicant:
(1) is of good moral character, with conduct
consistent with the code of ethics;
(2) is at least eighteen years of age;
(3) possesses a high school diploma or its
equivalent;
(4) has passed an examination, as approved by
the board;
(5) signs a code of ethics statement, as
approved by the board; and
(6) has one of the following combinations of
education and experience:
(a) an associate degree or board-approved education and training that includes one hundred
eighty clock hours with at least ninety hours in each of the
fields of drug and counseling education and training in
professional ethics, four years of experience in the practice
of drug abuse counseling under appropriate supervision and
three hundred hours of approved practicum;
(b) a baccalaureate degree in a related
mental health field, one hundred eighty clock hours of
specific training that may be part of the degree program and
that includes at least ninety hours in each of the fields of
drug and counseling education and training in professional
ethics and three years of experience in the practice of drug
abuse counseling under appropriate supervision; or
(c) a master's degree in a related
mental health field, one hundred eighty clock hours of
specific training that may be part of the degree program and
that includes at least ninety hours in each of the fields of
drug and counseling education and training in professional
ethics and two years of experience in the practice of drug
abuse counseling under appropriate supervision.]"
Section 14. Section 61-9A-22 NMSA 1978 (being Laws 1993, Chapter 49, Section 22) is amended to read:
"61-9A-22. LICENSURE BY CREDENTIALS.--The board may
license an applicant without examination if the person
possesses a valid regulatory document issued by the
appropriate examining board under the laws of any other state
or territory of the United States, the District of Columbia or
any foreign nation that in the judgment of the board has
requirements [substantially equivalent] equal to or exceeding
those in the Counseling and Therapy Practice Act."
Section 15. Section 61-9A-23 NMSA 1978 (being Laws 1993, Chapter 49, Section 23) is amended to read:
"61-9A-23. LICENSE AND [CERTIFICATE] REGISTRATION
RENEWAL.--
A. Each licensee or registrant shall renew his
license or [certificate of] registration biennially by
submitting a renewal application on a form provided by the
board and complying with all renewal requirements. Licensees
with even-numbered licenses shall renew in even-numbered
years. Licensees with odd-numbered licenses shall renew in
odd-numbered years. The board may authorize license renewal
for one year to establish this renewal cycle and charge the
proportionate license fee for that period.
B. A ninety-day grace period shall be allowed each
licensee or registrant after the license or registration
period, during which time licenses and [certificates]
registration may be renewed upon payment of the renewal fee
[the] and late fee and compliance with all renewal
requirements.
C. Any license or [certificate] registration
granted by the board shall be automatically suspended if the
holder fails to apply for the renewal license or [certificate]
registration provided for in this section within a period of
three months after the renewal deadline; provided that any
license so suspended may be restored by the board upon payment
of a reinstatement fee not to exceed one hundred dollars
($100) in addition to any unpaid renewal or late fees.
Failure to renew a license or [certificate] registration
within three months from the date of suspension as provided in
this section shall cause the license or [certificate]
registration to be automatically revoked. Reinstatement of a
revoked license or [certificate] registration will require the
licensee to reapply and meet all current standards for
licensure or certification.
D. A person licensed or certified under the
Counseling and Therapy Practice Act who wishes to retire from
practice shall notify the board in writing before the
expiration of his current license or [certificate]
registration. If, within a period of five years from the year
of retirement, the licensee wishes to resume practice, he
shall so notify the board in writing, and upon giving proof of
completing such continuing education as prescribed by
regulation of the board and the payment of [an amount
equivalent to all lapsed] the current renewal [fees] fee, his
license or [certificate] registration shall be restored to him
in full effect."
Section 16. Section 61-9A-24 NMSA 1978 (being Laws 1993, Chapter 49, Section 24, as amended) is amended to read:
"61-9A-24. LICENSE AND REGISTRATION FEES.--Applicants for licensure or registration shall pay biennial fees set by the board in an amount not to exceed:
A. for application for initial licensure or registration, seventy-five dollars ($75.00), which is not refundable;
B. for licensure or renewal as a professional mental health counselor, three hundred dollars ($300);
C. for licensure or renewal as a clinical professional mental health counselor, marriage and family therapist or professional art therapist, four hundred twenty dollars ($420);
D. for registration or renewal as a registered mental health counselor or registered independent mental health counselor, two hundred forty dollars ($240);
E. for all examinations, seventy-five dollars ($75.00) or, if a national examination is used, an amount that shall not exceed the national examination costs by more than twenty-five percent;
F. for a duplicate or replacement license or registration, twenty-five dollars ($25.00);
G. for failure to renew a license or registration within the allotted grace period, a late penalty fee not to exceed one hundred dollars ($100);
H. reasonable administrative fees; and
I. for licensure, registration or renewal as an
alcohol and drug abuse counselor, an independent alcohol abuse
counselor [a] or an independent drug abuse counselor, [or a
substance abuse intern] two hundred dollars ($200)."
Section 17. Section 61-9A-26 NMSA 1978 (being Laws 1993, Chapter 49, Section 26, as amended) is amended to read:
"61-9A-26. LICENSE AND REGISTRATION--DENIAL, FINES, REPRIMAND, SUSPENSION AND REVOCATION.--
A. In accordance with the procedures established
by the Uniform Licensing Act, the board may deny, suspend or
revoke any license or registration held or applied for under
the Counseling and Therapy Practice Act, [or] fine or
reprimand the licensee or take any other action provided for
in the Uniform Licensing Act, upon grounds that the licensee,
registrant or applicant:
(1) is guilty of fraud, deceit or misrepresentation in procuring or attempting to procure any license or registration provided for in the Counseling and Therapy Practice Act;
(2) is adjudicated mentally incompetent by regularly constituted authorities;
(3) is found guilty of a felony or misdemeanor involving moral turpitude;
(4) is found guilty of unprofessional or unethical conduct;
(5) has been using any controlled substances, as defined in the Controlled Substances Act, or alcoholic beverage to an extent or in a manner dangerous to himself or any other person or the public or to an extent that the use impairs his ability to perform the work of a counselor or therapist practitioner;
(6) has violated any provision of the Counseling and Therapy Practice Act or regulations adopted by the board;
(7) is grossly negligent in practice [as a
professional counselor or therapist practitioner];
(8) willfully or negligently divulges a professional confidence;
(9) demonstrates marked incompetence in
practice [as a professional counselor or therapist
practitioner or];
(10) has had a license or registration to practice as a counselor, therapist or other mental health practitioner revoked, suspended or denied in any jurisdiction, territory or possession of the United States or another country for acts of the licensee or registrant similar to acts described in this subsection; or
(11) knowingly and willfully practices beyond the scope of practice, as defined by the board.
B. A certified copy of the record of conviction shall be conclusive evidence of such conviction.
C. Disciplinary proceedings may be instituted by the sworn complaint of any person, including members of the board, and shall conform to the provisions of the Uniform Licensing Act. Any party to a hearing may obtain a copy of the hearing record upon payment of costs for such copy.
D. A person who violates any provision of the Counseling and Therapy Practice Act is guilty of a misdemeanor and upon conviction shall be punished as provided in Section
31-19-1 NMSA 1978."
Section 18. Section 61-9A-30 NMSA 1978 (being Laws 1993, Chapter 49, Section 30) is amended to read:
"61-9A-30. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The counseling and therapy practice board is terminated on
July 1, [1999] 2005 pursuant to the provisions of the Sunset
Act. The board shall continue to operate according to the
provisions of the Counseling and Therapy Practice Act until
July 1, [2000] 2006. Effective July 1, [2000] 2006, the
Counseling and Therapy Practice Act is repealed."
Section 19. REPEAL.--Sections 61-9A-17 through 61-9A-21.1 NMSA 1978 (being Laws 1993, Chapter 49, Sections 17 through 21 and Laws 1996, Chapter 61, Section 9) are repealed. Section 20. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.