New Mexico Register / Volume XXXII,
Issue 17 / September 14, 2021
PUBLIC RULE
HEARING AND REGULAR BOARD MEETING
The
New Mexico Counseling and Therapy Practice Board will hold a rule hearing on
Friday, October 15, 2021, at 9:00 a.m.
Following the rule hearing, the Board will convene a Board meeting to
consider adoption of the rules and address regular business. The rule hearing and Board meeting will be
held via Cisco Webex Meetings.
The
purpose of the rule hearing is to receive input and public comment for proposed
amendments to the following rules:
16.27.1
NMAC – General Provisions;
16.27.2
NMAC – Mental Health Core Curriculum
Requirements;
16.27.3
NMAC – Application Procedures, Initial
Licenses, and License Period;
16.27.4
NMAC – Requirements for Licensure as a
Professional Clinical Mental Health Counselor;
16.27.6
NMAC – Requirements for Licensure as a
Marriage and Family Therapist;
16.27.7
NMAC – Requirements for Licensure as a
Professional Art Therapist;
16.27.9
NMAC – Requirements for Licensure as a
Mental Health Counselor;
16.27.11
NMAC – Requirements for Licensure with Examination as an Alcohol and Drug Abuse
Counselor;
16.27.13
NMAC – Requirements for Licensure as a Substance Abuse Associate;
16.27.14
NMAC – Temporary License;
16.27.15
NMAC – Examinations;
16.27.16
NMAC – Continuing Education;
16.27.17
NMAC – Fees;
16.27.18
NMAC – Code of Ethics;
16.27.19
NMAC – Approved Supervision;
16.27.20
NMAC – Parental Responsibility Act Compliance;
16.27.21
NMAC – Emergency Licensure;
16.27.22
NMAC – Requirements for Licensure as an Associate Marriage and Family
Therapist;
16.27.23 NMAC –
Licensure as an Alcohol and Drug Abuse Counselor (LADAC) for Current Credential
Alcohol and Drug Abuse Counselor (CADAC); and
16.27.24
NMAC – Licensure for Military Service Members, Spouses, and Veterans
To
obtain and review copies of the proposed changes you may go to the Board’s
website at https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/counseling-and-therapy-practice-overview/ct-laws-rules-and-policies/,
or contact the Boards and Commissions Division at (505) 476-4622.
The
Board is currently accepting public comments on the proposed amendments. Please submit written comments on the
proposed changes to Lori Sciacca, Board Administrator, via electronic mail at
Counseling.Board@state.nm.us or by regular mail at P.O. Box 25101, Santa Fe, NM
87504, no later than Thursday, October 14, 2021. Persons will also be given the opportunity to
present their comments at the rule hearing.
All written comments will be posted to the Board’s website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/counseling-and-therapy-practice-overview/ct-laws-rules-and-policies/,
no more than three business days following receipt to allow for public view.
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 Lori Sciacca, Board Administrator at (505) 476-4622.
Statutory
Authority: The Counseling and
Therapy Practice Act, Sections 61-9A-1 to -30, NMSA 1978, and specifically
Section 61-9A-9, NMSA 1978, authorizes the Board to “adopt and file rules necessary
to carry out the provisions of the Counseling and Therapy Practice Act.”
Summary of
Proposed Changes:
The
changes to Parts 1, 2, 3, 4, 6, 7, 9, 11, 13, 14, 15, 16, 17, 18, 19. 20, 21,
22, 23, and 24 of the Board’s rules are primarily intended to address the
significant changes to the Counseling and Therapy Practice Act, Sections
61-9A-1 to -30, 1978 (1991, as amended through 2019) (the “Act”), which
occurred this past Legislative Session. See
S.B. 2, 56th Leg., 1st Sess. (N.M. 2019), available
at https://www.nmlegis.gov/Sessions/19%20Regular/final/SB0200.pdf.
Additionally, amendments to the rules are intended to update and clarify
licensing requirements, definitions and the rules of ethics. The amendments are also intended to clean up
language, statutory and rule citations and grammar currently existing in the
rules to ensure uniformity in the application of the rules.
16.27.1 NMAC –
General Provisions
The amendments to General Provisions
are generally minor and include adjustments intended to make the definitions of
common terms more clear, an update to calculations for quarter hours to align
with most common educational programs, and updated language to include
electronic work (counseling and therapy, supervision, and board activities) within
definitions. A provision that requires license number and designation on a web
page is added. The elected positions on the board are reduced to only
chairperson and vice chairperson. The minimum number of members to serve on
committees is reduced from three to one. And, a section regarding criminal
convictions has been added, as required by the Act.
16.27.2 NMAC –
Mental Health Core Curriculum Requirements
The
amendments to Part 2 are very minor, they adjust the quarter and semester hour
requirements to meet current educational program guidelines, and make minor
grammatical changes.
16.27.3 NMAC
– Application Procedures, Initial Licenses, and License Period
The amendments to Part 3 are generally minor, they
make changes to grammar and sentence structure and remove language about
notarization. More substantially, a section on renewal requirements is added,
including new requirements for a minimum of 12 CEUs (previously 6) related to
ethics and a minimum of 6 CEUs (previously 3) related to supervision (if providing
supervision). The board believes these changes were necessary to ensure that
licensees are more informed of these important topics, and hopefully to stem
the durge of complaints filed related to ethics and to supervision.
16.27.4 NMAC –
Requirements for Licensure as a Professional Clinical Mental Health Counselor
(LPCC)
The
amendments to Part 4 remove language pertaining to supervision which is not
required for the LPCC, and qualifies that the board may request syllabi rather
than requiring them to be sent in initially. Also added is a process by which
applicants who have just graduated can verify degree completion prior to their
school certifying transcripts, so that new professionals may seek employment
without being delayed by college and university timetables. And, the
requirement for an applicant by credentials’ years of independent experience
was changed from 5 to 2 to help to eliminate barriers for experienced
practitioners entering the state.
16.27.6 NMAC – Requirements
for Licensure as a Marriage and Family Therapist (LMFT)
The
amendments to Part 6 remove language pertaining to supervision which is not
required for the LMFT and updates the semester and quarter hour requirements to
meet current educational program standards. Additionally, a mechanism for
degree verification prior to a degree being conferred is outlined so that new
professionals may seek employment without being delayed by college and
university timetables. And, the requirement for an applicant by credentials’
years of independent experience was changed from 5 to 2 to help to eliminate
barriers for experienced practitioners entering the state.
16.27.7 NMAC –
Requirements for Licensure as a Professional Art Therapist (LPAT)
The
amendments to Part 7 removes language pertaining to supervision which is not
required for LPAT, clarifies the educational levels required for entering the
field, outlines the core curriculum with a description of each area, and adds a
process by which applicants who have just graduated can verify degree
completion prior to their school certifying transcripts so that new
professionals may seek employment without being delayed by college and
university timetables. The requirement to submit syllabi is replaced with a
statement that says the board can request them if needed. And, the number of
years that a license must have been in good standing for licensure by
credentials is changed from five to two, to eliminate barriers for experienced
practitioners entering the state.
16.27.9 NMAC –
Requirements for Licensure as a Mental Health Counselor (LMHC, Practice under
Supervision)
The
amendments to Part 9 are of note. They remove mention of marriage and family
therapist, as they have a separate part regarding their licensure under
supervision. Additionally, the terms under which supervised hours would become
invalid is now specified to be five years. Updates to the semester and quarter
hour requirements were made to meet current educational program standards. And,
the process and requirements for applying for licensure by credential were
added.
16.27.11 NMAC – Requirements for Licensure with
Examination as an Alcohol and Drug Abuse Counselor (LADAC) Effective July 1,
2005
The
amendments to Part 11 are minor, and update the language to clarify that
supervision is not required for the LADAC license since it is an independent
license. Also, language about the educational requirements is updated for
greater clarity and to specify the ways that semester credit hours are
calculated for clock hours. And, outdated language that related to
grandfathered licenses is removed since it is no longer relevant.
16.27.13 NMAC –
Requirements for Licensure as a Substance Abuse Associate (LSAA) Effective July
1, 2005
The
amendments to Park 13 are minor and include the addition of LCSWs as well as
LISWs as appropriate supervisors, change in language from ‘drug and alcohol
counseling’ to ‘substance abuse counseling’, and addresses minor grammatical
issues. Outdated language about reciprocity is also removed, since it covers
something that was repealed in 2004.
16.27.14 NMAC –
Temporary License
The
amendments to Part 14 are substantial. There are changes that serve to update
the language to include associate marriage and family therapists in addition to
LMHCs, and to clean up the grammar. The guidelines regarding issuance of a
temporary license are of note, as they no longer prohibit someone from testing
for 1 year if they fail to pass their examination three times. Additionally,
clinical and supervision hours that were obtained during the period that the
applicant held a temporary license will not expire, and may be used after the
candidate passes their exam and is ready to apply for independent licensure.
16.27.15 NMAC –
Examinations
The
amendments to Part 15 are minor grammatical changes to improve clarity,
particularly with regard to the process of re-taking an exam.
16.27.16 NMAC –
Continuing Education
The
amendments to Part 16 make minor changes in grammar, are clarify the activities
that will count for CEUs, how CEUs are calculated, and what the procedures are
for registering as a CEU provider. Specifically the changes; describe how
semester and quarter hours are calculated, add a policy on how pro bono work
can be counted for CEUs, and details what happens if a licensee’s CEUs are not
accepted.
16.27.17 NMAC –
Fees
The
amendments to Part 17 are generally minor and include changes in grammar, and
the addition of a fee for a late CEU extension request, a fee for CEUs that are
incorrectly issued, and a fee for CEU providers.
16.27.18 NMAC –
Code of Ethics
Part
18 was repealed and replaced. The most notable change is the addition of
ethical expectations related to electronic therapy.
16.27.19 NMAC –
Approved Supervision
The
amendments to Part 19 are substantial and include provisions to better protect
both supervisors and supervisees. The major amendments are: listing out the
licensures that are appropriate to provide supervision, a definition of virtual
supervision, some grammatical updates, and a limit on the number of supervision
hours that can be completed per week (40). There is a proposed change to
eliminate the requirement to have three years’ experience, and instead to
specify that a supervisor must be independently licensed, to help remove some
barriers that the state can face of having too few qualified supervisors. And,
the supervisory role is updated to include requirements that supervisors track
supervisees’ professionalism and ethical conduct, as well as to maintain
documentation such as a supervisory contract and a supervision log to include
notes. A supervisor designation is outlined, to help ensure a supervisor meets
and maintains the minimum standards for supervising.
16.27.20 NMAC –
Parental Responsibility Act Compliance
The
amendments to Part 20 include minor changes to update the numbering of the
rules, and the addition of a delegation of authority clause. These are all to
adopt language found in the Act.
16.27.21 NMAC –
Emergency Licensure
The
amendments to Part 21 involved minor numbering changes, and the removal of the
requirement for notarization, to be in compliance with the Act.
16.27.22 NMAC –
Requirements for Licensure as an Associate Marriage and Family Therapist
(LAMFT)
The
amendments to Part 22 are of note. They specify that LCSWs or LISWs may
supervise LAMFTs as long as they have received the CTPB supervisor designation.
Also, terms under which supervised hours would become invalid is now specified
to be five years. Additionally, a mechanism for degree verification prior to a
degree being conferred is outlined so that new professionals may seek
employment without being delayed by college and university timetables.
16.27.23 NMAC – Licensure as an Alcohol and Drug Abuse
Counselor (LADAC) for Current Credential Alcohol and Drug Abuse Counselor
(CADAC)
Part
23 was removed, as it has been repealed.
16.27.24 NMAC –
Licensure for Military Service Members, Spouses, and Veterans
The amendments for Part
24 were to repeal and replace, following changes to the Act.