SB0558

SENATE BILL 558

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Gerald Ortiz y Pino

AN ACT

RELATING TO BEHAVIORAL HEALTH; ENACTING THE PEER SUPPORT WORKERS ACT IN CHAPTER 61 NMSA 1978; ESTABLISHING CERTIFICATION STANDARDS FOR BEHAVIORAL HEALTH PEER SUPPORT WORKERS; PROVIDING FOR TWO TIERS OF PEER SUPPORT WORKERS CLASSIFICATION; PROVIDING FOR TRAINING AND CLASSIFICATION OF PEER SUPPORT WORKERS.

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

SECTION 1. A new section of Chapter 61 NMSA 1978 is enacted to read:

"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Peer Support Workers Act"."

SECTION 2. A new section of Chapter 61 NMSA 1978 is enacted to read:

"[NEW MATERIAL] DEFINITIONS.--As used in the Peer Support Workers Act:

A. "agency" means a person licensed to provide behavioral health services in the state, including:

(1) a certified peer support worker who is classified as a level two certified peer support worker pursuant to Section 5 of the Peer Support Workers Act;

(2) a psychologist licensed pursuant to the Professional Psychologist Act;

(3) a psychiatrist licensed pursuant to the Medical Practice Act;

(4) a person licensed pursuant to the Counseling and Therapy Practice Act as:

(a) a professional clinical mental health counselor;

(b) a licensed marriage and family therapist;

(d) a licensed substance abuse counselor; or

(e) a licensed alcohol and drug abuse counselor;

(5) an independent social worker licensed pursuant to the Social Work Practice Act;

(6) a master social worker licensed pursuant to the Social Work Practice Act; or

(7) a health facility licensed by the department of health pursuant to the Public Health Act where a person described in Paragraphs (1) through (6) of this subsection provides services;

B. "board" means the peer support workers board of directors;

C. "certified peer support worker" means a peer support worker who has been certified pursuant to the Peer Support Workers Act;

D. "domestic abuse" means an incident by a household member against another household member consisting of using or threatening physical harm or inciting imminent fear of physical, emotional or psychological harm to the household member; provided that "domestic abuse" does not include the use of force in self-defense or in the defense of another; and

E. "secretary" means the secretary of human services."

SECTION 3. A new section of Chapter 61 NMSA 1978 is enacted to read:

"[NEW MATERIAL] PEER SUPPORT WORKERS BOARD OF DIRECTORS--MEMBERSHIP--APPOINTMENT--DUTIES.--

A. The "peer support workers board of directors" is created and consists of seven members. The secretary shall appoint initial board members for terms that are staggered from two to four years. Appointments shall be made as follows from a list of nominees supplied by licensed mental health professionals and organizations, including the national alliance on mental illness, the depression and bipolar support alliance and the four corners regional organization of mental health America:

(1) two members shall be peer support workers for mental health services;

(2) one member shall be a peer support worker for substance abuse treatment services;

(3) two members shall be licensed behavioral health service providers or representatives of a managed care organization that provides behavioral health services;

(4) one member shall be a member of the public; and

(5) one member shall be a representative of the United States department of veterans affairs.

B. After initial board member terms have expired, the secretary shall appoint members to the board for a period of three years. The secretary shall make appointments from a list of nominees supplied by licensed mental health professionals and organizations, including the national alliance of mental illness, the depression and bipolar support alliance and the four corners regional organization of mental health America, as follows:

(1) two members shall be certified peer support workers for mental health services;

(2) one member shall be a certified peer support worker for substance abuse treatment services;

(3) two members shall be licensed behavioral health service providers or representatives of a managed care organization that provides behavioral health services;

(4) one member shall be a member of the public; and

(5) one member shall be a member of the United States department of veterans affairs.

C. A board member shall not serve for a period that exceeds eight years.

D. A board member may receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance in connection with the discharge of the duties as a board member.

E. The board shall meet at least twice a year and at such other times as it deems necessary. A member failing to attend three consecutive regular and properly noticed board meetings without a reasonable excuse shall be automatically removed from the board.

F. Within ninety days of receiving notice of a vacancy on the board, the secretary shall appoint a qualified person to fill the remainder of the unexpired term.

G. A majority of the board members currently serving constitutes a quorum of the board.

H. The board shall annually elect officers as it deems necessary to administer its duties.

I. The board shall:

(1) establish by rule the required certification examinations and the procedures for taking and retaking them. These rules shall provide for the administration of certification examinations at least twice yearly;

(2) determine the passing grade on examinations;

(3) specify by rule the general areas of competency to be covered by certification examinations and ensure that the examinations adequately measure both an applicant's competency and knowledge of related statutory requirements;

(4) establish a code of conduct for certified peer support workers;

(5) take action to discipline any applicant or certified peer support worker who violates the provisions of the Peer Support Workers Act or board rules. These actions may include censure, reprimand, revocation of certification or placement of a certified peer support worker on probation;

(6) require and establish criteria, including approved training organizations and curriculum, for education in peer support work. These rules shall provide for a requirement that workers attend at least twelve hours of approved continuing education units each year;

(7) establish by rule procedures for receiving, investigating and resolving complaints;

(8) approve appropriate supervision or mentorship for individuals seeking certification as a peer support worker;

(9) determine eligibility for and issue certifications;

(10) require the renewal of certification every two years;

(11) establish by rule the criteria and procedures for granting certification as a peer support worker pursuant to Section 6 of the Peer Support Workers Act to an individual who has worked as a certified peer specialist or peer support worker in another state; and

(12) establish by rule the criteria and procedures for granting grandfathered eligibility for certification of internship or certification as a peer support worker pursuant to Section 6 of the Peer Support Workers Act.

J. The board may:

(1) adopt and file, in accordance with the State Rules Act, rules necessary to carry out the provisions of the Peer Support Workers Act, in accordance with the provisions of the Uniform Licensing Act;

(2) provide for the evaluation of the qualifications of applicants for certification pursuant to the Peer Support Workers Act;

(3) provide for the issuance of certification to applicants who meet the requirements of the Peer Support Workers Act;

(4) establish minimum training and educational standards for certification as a peer support worker;

(5) pursuant to the Uniform Licensing Act, conduct hearings on charges against applicants and certificate holders and take actions described in Section 61-1-3 NMSA 1978;

(6) bring an action for injunctive relief in district court seeking to enjoin a person from violating the provisions of the Peer Support Workers Act;

(7) issue cease and desist orders to persons violating the provisions of the Peer Support Workers Act or any rule adopted by the board pursuant to that act;

(8) adopt an annual budget;

(9) adopt a code of professional conduct;

(10) provide for the investigation of complaints against certificate holders; and

(11) create at least annually combined or separate lists of certified peer support workers, including each peer support worker's classification as a tier one or a tier two peer support worker as provided in Section 5 of the Peer Support Workers Act."

SECTION 4. A new section of Chapter 61 NMSA 1978 is enacted to read:

"[NEW MATERIAL] TRAINING PROGRAM.--

A. The board shall create or approve a training program that prepares individuals who self-identify as having a diagnosis of serious mental illness, a substance abuse disorder or a dual diagnosis of serious mental illness and substance abuse disorder to provide peer support. The training program shall include, at minimum:

(1) the recovery model and whole health and wellness;

(2) a history of the recovery movement;

(3) methods for establishing relationships with peers and maintenance of confidentiality;

(4) the role of a peer support worker;

(5) boundaries and ethics;

(6) an overview and definitions of mental disorders and substance use disorders;

(7) treatment options and alternatives, including medications;

(8) training for leading support groups;

(9) training in trauma and crisis;

(10) notekeeping for medical records;

(11) education in state mental health laws, including psychiatric advance directives;

(12) training in proper conduct, teamwork and mentorship skills; and

(13) training to provide a basic familiarity with public programs, including medicare, medicaid, federal social security income programs, veterans' services and Native American health programs.

B. The human services department shall fund certified peer support worker education and mentorship in accordance with the provisions of the Peer Support Workers Act and department rules. The vocational rehabilitation division of the public education department shall create an informational audiovisual training program for use by the division, the human services department and the board. The audiovisual program shall explain the role of peer support workers, the demands of the position, pay ranges for the position and expectations of peer support workers."

SECTION 5. A new section of Chapter 61 NMSA 1978 is enacted to read:

"[NEW MATERIAL] PEER SUPPORT--PEER SUPPORT WORKERS--CLASSIFICATIONS.--

A. Peer support shall promote socialization, recovery, self-sufficiency, self-advocacy, development of natural supports and maintenance of skills learned in other support services and work in a behavioral health environment. Peer support shall be provided as follows:

(1) a certified peer support worker with a serious mental illness or with a dual diagnosis of serious mental illness and substance abuse disorder may provide peer support to:

(a) an individual with a serious mental illness; or

(b) an individual with a dual diagnosis of serious mental illness and substance abuse disorder; and

(2) a certified peer support worker with a diagnosis of substance abuse disorder may provide peer support to another individual with a substance abuse disorder.

B. The board shall establish two levels of peer support workers for purposes of classifying certified peer support workers on the basis of the workers' training and experience.

C. A level two certified peer support worker is qualified to offer training to and to mentor peer support workers.

D. In addition to meeting the criteria for certification as a peer support worker pursuant to Section 6 of the Peer Support Workers Act, an applicant for certification as a peer support worker may be certified as a level one certified peer support worker after that individual has successfully passed a written certification examination and successfully completed eighty hours of didactic classroom education, as well as demonstrating one of the following:

(1) having completed five hundred hours' paid internship during which the applicant for certification received mentoring by a level two certified peer support worker; or

(2) having completed one thousand hours of employment as a peer support worker or as an advocate for individuals living with mental illness, evidence of which shall be a letter of recommendation and verification from a supervisor at the agency where the peer support worker was employed.

E. A level one certified peer support worker may be certified as a level two certified peer support worker after that individual has obtained certification and has demonstrated the following:

(1) successful completion of one hundred twenty hours of didactic classroom education;

(2) passage of a written certification examination; and

(3) completion of three thousand hours of employment as a certified peer support worker with, from each agency where the peer worker was employed during the three thousand hours of employment:

(a) a letter of recommendation from a supervisor and a coworker; and

(b) verification of employment from a supervisor.

F. The board shall not charge a fee that exceeds forty dollars ($40.00) to take the certification examination offered pursuant to the Peer Support Workers Act."

SECTION 6. A new section of Chapter 61 NMSA 1978 is enacted to read:

"[NEW MATERIAL] CERTIFICATION--MINIMUM CRITERIA.--In addition to meeting the criteria for certification that the board establishes by rule pursuant to its duties set forth in Section 3 of the Peer Support Workers Act, an applicant for certification as a peer support worker shall:

A. be at least eighteen years of age;

B. self-identify as having:

(1) a serious mental illness;

(2) a substance abuse disorder; or

(3) a dual diagnosis of serious mental illness and substance abuse disorder;

C. meet the requirements of Subsection C of Section 5 of the Peer Support Workers Act;

D. have had two years of recovery from the symptoms of a condition described in Subsection B of this section, as the board defines and determines "recovery";

E. provide evidence of having a high school diploma or graduate equivalency document;

F. have no history or conviction for:

(1) domestic violence;

(2) a sexual offense;

(3) driving under the influence of alcohol or another intoxicating substance within the last five years; or

(4) other serious crime against a person;

G. certify that the applicant has viewed the audiovisual peer support worker training program that the vocational rehabilitation division of the public education department has developed pursuant to Subsection B of Section 4 of the Peer Support Workers Act;

H. during the three years prior to application for certification, have not had a driver's license suspended or revoked for a moving violation;

I. demonstrate verbal, reading and writing abilities appropriate for employment as a peer support worker by passing a board-approved test offered prior to the certification examination;

J. provide proof of having received instruction in the role of peer support worker, the demands of the position, pay ranges appropriate to the position and job expectations;

K. independence for at least two years from

substances or gambling, if formerly addicted to substances or gambling;

L. not be on probation or parole; and

M. submit to screening for controlled substances in accordance with board rules."

SECTION 7. A new section of Chapter 61 NMSA 1978 is enacted to read:

"[NEW MATERIAL] RECIPROCITY--GRANDFATHERING.--

A. An individual is eligible to sit for the certification examination after completing a self-study course as board rules specify if that individual:

(1) provides a letter from another state's certifying board that the individual is a certified peer specialist or certified peer support worker in good standing, or has resigned in good standing, and has worked in another state for at least one thousand five hundred hours;

(2) provides to the board a notarized letter of recommendation and verification of employment from a supervisor of each agency where the individual has been employed as a certified peer specialist or peer support worker; and

(3) meets the criteria established pursuant to Section 6 of the Peer Support Workers Act and follows board procedures to sit for the certification examination.

B. An individual who has met the criteria for certification pursuant to Section 6 of the Peer Support Workers Act and who has passed the certification examination before the effective date of the Peer Support Workers Act is eligible to be granted certification as board rules provide."

SECTION 8. A new section of Chapter 61 NMSA 1978 is enacted to read:

"[NEW MATERIAL] ASSOCIATION WITH AGENCY.--A peer support program shall exist in association with an agency."

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