New Mexico Register / Volume XXXII, Issue 18 / September 28,
2021
NOTICE OF PUBLIC
RULE HEARING AND REGULAR BOARD MEETING
The New
Mexico State Board of Psychologist Examiners (“Board”) will hold a public rule
hearing on November 5, 2021, at 9:00 AM and following the rule hearing will
convene a board meeting to adopt the rules and take care of regular
business. The rule hearing and board
meeting will be held in the Rio Grande Room, at the New Mexico Regulation and
Licensing Department, 2550 Cerrillos Road, Santa Fe, NM 87505.
Face
masks are required to be worn in the Toney Anaya Building for all in-person
attendees.
The meeting will also be held
via Cisco Webex Meetings for those desiring to attend
virtually.
https://nmrld.webex.com/nmrld/onstage/g.php?MTID=e5affd04f0c66c19b742bf809f7bd5928
Event
Number: 2486 465 3194
Event
Password: 64dRR8Y28Xn
To join
the meeting by phone: 1-415-655-0002
United States Toll
Access
Code: 2486 465 3194
The
purpose of the rule hearing is to consider proposed amendments to the following
rules:
16.22.1
NMAC – General Provisions;
16.22.2
NMAC – Code of Conduct;
16.22.5
NMAC – Psychologists: Application Requirements; Procedures;
16.22.6
NMAC – Psychologists: Predoctoral and Postdoctoral Supervised Experience;
16.22.8
NMAC – License Expiration and Renewal;
16.22.10
NMAC – Inactive Status and Reinstatement;
16.22.11
NMAC – Complaint Procedures;
16.22.12
NMAC – Psychologist Associates: Education Requirements and Conditions of
Practice;
16.22.13
NMAC – Fees;
16.22.14
NMAC – Licensure for Military Service Members, Spouses and Veterans;
16.22.20
NMAC – Conditional Prescribing Certificate; Prescription Certificate: Health
Care Practitioner Collaboration Guidelines;
16.22.21
NMAC – Conditional Prescribing or Prescribing Psychologist: Limits of Practice;
16.22.23
NMAC – Requirements for Education and Conditional Prescription Certificate;
16.22.24
NMAC – Application Procedures: Two-year Supervised Practice;
16.22.25
NMAC – Prescription Certificate: Application; Peer Review; Evaluation Outcome;
16.22.26
NMAC – Graduates of the Department of Defense Psychopharmacology Demonstration
Project;
16.22.27
NMAC – Conditional Prescribing or Prescribing Psychologist: Formulary;
16.22.29
NMAC – Conditional Prescribing or Prescribing Psychologist: Continuing
Professional Education and
Certificate
Renewal;
16.22.30
NMAC – Prescription Monitoring Program Requirements;
To
obtain and review copies of the proposed changes and public comments, you may
go to the Board’s website at:
or
contact the Boards and Commissions Division at (505) 476-4622
The
Board is currently accepting public written comments on the proposed
amendments. Please submit written
comments on the proposed changes to Nicholas Henderson, Board Administrator,
via electronic mail at: Psychologist.examminers@state.nm.us, or by regular mail at P.O. Box 25101, Santa Fe,
NM 87504, no later than Thursday, October 28, 2021. Written comments received prior to the rule
hearing will be posted to the RLD website at:
Persons
will also be given the opportunity to present their written or oral comments at
the public rule hearing.
The agenda for the board meeting will be posted
and available at least 72 hours before the meeting on the Board website at:
https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/psychologist-examiners/psychologist-examiners-board-information/psychologist-examiners-board-meetings/ Copies of the
rules or the agenda may also be obtained by contacting Nicholas Henderson,
Board Administrator at (505) 476-4622.
An
individual with a disability who is in need of a reader, amplifier, qualified
sign language interpreter, or other form of auxiliary aid or service to attend
or participate in the hearing, please contact Nicholas Henderson, Board
Administrator (505) 476-4622.
Statutory Authority: Professional
Psychologist Act, NMSA 1978, Sections 61-9-6.
Purpose of the Proposed Rules: The
purpose of the rule hearing is to receive written and oral comments from the
public on proposed rules amending 16.22.14 NMAC - Licensure for Military
Service Members, Spouses, Dependent Children and Veterans to comply with 2021
legislative changes made during the regular session in HB 120 Military Spouses
Expedited Licensure signed into law by Governor Lujan Grisham on April 6, 2021
and amending 16.22.2 NMAC - General Provisions to comply with 2021 legislative
changes made during the special session in SB2 Expungement of Certain Records
signed into law by the Governor Lujan Grisham on April 12, 2021.
Pursuant
to its authority in Section 61-9-6, NMSA 1978, the Board is proposing
the following amendments to the Psychology rules listed below to comply with
the new state rules act and to provide for uniformity in the application of the
rules, cleaning up definitions and removing similar language that appeared in
more than one part.
Summary of Proposed Changes:
Pursuant
to its authority in Section 61-9-6, NMSA 1978, the Board is proposing
the following amendments to the Psychology rules listed below to comply with
the new state rules act and to provide for uniformity in the application of the
rules, cleaning up definitions and removing similar language that appeared in
more than one part, to add language to comply with SB-2, to add language to
comply with HB-120, and to add language to the prescription monitoring program
requirements.
The
Board proposed to add definitions to 16.22.1. Those definitions include “accredited
by a nationally recognized accreditation body”, “disqualifying criminal
convictions”, and “independently licensed prescribing clinician” The proposed
rule amendments also include re-lettering of current definitions.
The
Board proposes to amend its rules in 16.22.2 to conform with the provisions of
Senate Bill 2 passed by the 2021 legislature that limit a professional and
occupational licensing board’s ability to deny, suspend, revoke, or condition a
license only for felony convictions that relate to the profession or occupation
in which the applicant has applied for licensure.
The
Board proposes to amend it rules in 16.22.5 to add application procedures. The
Board will develop and approve a list of jurisdictions whose licensing
requirements meet or exceed ours. Background check procedure is also to be revised. Record
retentions for incomplete applications is added. Language is also added on
disciplinary actions in another jurisdiction. Reciprocity has been changed from
ten years to two. American board of professional Psychology is added to
16.22.5.11 to be included as a credential.
The Board
proposes to amend its rules in 16.22.6 to remove restrictions on tele-supervision
and making it equivalent to face to face supervision.
The
Board proposes to amend its rules in 16.22.8 to remove background checks for renewals
and to add electronic mail as the licensee responsibility.
The
Board proposes to amend its rules in 16.22.9 to remove the requirement of
continuing professional education in ethnic diversity, and the limit to online
continuing professional education. It also proposes to add Health disparities
as a category for continuing professional education.
The
Board proposes to amend its rules in 16.22.10 to replace the word renewal with
reinstatement.
The
Board proposes to amend its rules in 16.22.11 to remove the notarization
requirement for complaints.
The
Board proposes to amend its rules in 16.22.12 to change from annual to
biennial.
The
Board proposes to amend its rules in 16.22.13 to remove out of state
psychologist, and second year conditional prescription certificate fees and
references. Instead, it proposes to add psychologist and psychologist
associates to reinstatement fee and add reinstatement fee for prescription
certificate.
The
Board proposes to amend its rules in 16.22.14 to conform with the provisions of
House Bill 120 passed by the 2021 legislature that require professional and
occupational licensing boards to issue licenses to military members, their
spouses and dependent children, and veterans, within 30 days of receiving a
completed application and to waive initial licensing fees for a period of three
years if applicant holds equivalent license from another state or
jurisdiction. Furthermore, the board seeks to add definitions. These
definitions will further specify qualifications for expedited licensure.
Additionally, the proposed revisions will provide notice to the public and
interested parties of applications and renewal changes for military personnel,
their spouses, veterans, and dependent children as contemplated by House Bill
120 to be codified in 16.22. 14
The
Board proposes to amend its rules in 16.22.20 to add that written notice shall
be sent to the primary treating health care practitioner within 24 hours and
removing the rest of the requirements about contacting the primary health care
practitioner under this section.
The
Board proposes to amend its rules in 16.22.21 to remove requirements on
collaboration guidelines.
The
Board proposes to amend its rules in 16.22.23 to allow video conference. It
also proposes to remove American Psychological Association and replace with
Association of State and Provincial Psychology Boards.
The
Board proposes to amend its rules in 16.22.24 to add independently licensed
prescribing clinician instead of physician. It also proposes to add training regarding
knowledge/understanding of New Mexico laws as a requirement.
The
Board proposes to amend its rules in 16.22.25 to add independently licensed
prescribing clinician instead of physician. It also proposes to add
requirements for prescription certificate by applicants licensed to prescribe
in another jurisdiction.
The
Board proposes to amend its rules in 16.22.26 to add training regarding
knowledge New Mexico laws as a requirement for licensure.
The
Board proposes to amend its rules in 16.22.27 to correct the referencing
statute.
The
Board proposes to amend its rules in 16.22.29 to remove reference to
conditional prescribing. It also proposes to add processes for failure to renew
a prescribing certificate on time.
The
Board proposes to amend its rules in 16.22.30 to add language that the board
will review over prescription of schedule drugs.