New Mexico Register / Volume XXXIII,
Issue 17 / September 13, 2022
NOTICE OF PROPOSED RULEMAKING
Public
Hearing
The
New Mexico Public Education Department (PED) gives notice that it will conduct
a public hearing for the proposed new rule 6.63.18
NMAC, Licensure for School Behavioral Health Counselors, Grades Pre K-12, on
Monday, October 17, 2022, from 9 a.m. to 11 a.m. (MDT) in Mabry Hall, located
in the Jerry Apodaca Education Building, 300 Don Gaspar Ave., Santa Fe, New
Mexico 87501. The location of the public hearing is subject to change due to
concerns surrounding COVID-19. Continuous updates on hearing changes will be
provided on the PED website. The PED will give a verbal summary statement, on
record, at the hearing.
The
purpose of the public hearing is to receive public input on the proposed
rulemaking. Attendees who wish to provide public comment on record will be
given three minutes to make a statement concerning the proposed rulemaking.
Written comment will also be accepted at the hearing.
Explanation
of Purpose of Text
The
purpose of the proposed new rule 6.63.18
NMAC, Licensure for School Behavioral Health Counselors, Grades Pre K-12, is
to establish a licensure pathway for individuals seeking a school behavioral
health counseling license. By creating this pathway, schools will be able to
bill Medicaid for the counseling a school behavioral health counselor provides
all Medicaid eligible students,
including students without an individualized education plan. At present,
schools can only offer such services to students with an individualized
education plan.
Summary
of Text
The
proposed new rule 6.63.18 NMAC, Licensure
for School Behavioral Health Counselors, Grades Pre K-12, creates a new pathway for licensed
professionals to provide behavioral health counseling to all students in need
of such support. The proposed new rule does the following:
·
lists the requirements an individual must meet to become a licensed
school behavioral counselor;
·
lists the requirements a licensed school behavioral counselor must meet before
advancing from a Level 1 to a Level 2 license and from a Level 2 license to a
Level 3 license;
·
provides the competencies a school behavioral health counselor shall be
able to do; and
·
notes licensed professional counselors and licensed mental health
counselors are required to be supervised by a licensed professional clinical
mental health counselor (LPCC), licensed marriage and family therapist (LMFT),
licensed professional art therapist (LPAT), licensed psychologist, licensed
psychiatrist, or licensed independent social worker until they are a LPCC,
LMFT, or LPAT.
Statutory
Authorizations
Sections 9-24-8, 22-2-1, 22-2-2, and 22-10A-17 NMSA
1978.
No
technical information served as a basis for this proposed rule change.
Public
Comment
Interested
parties may provide comment at the public hearing or may submit written
comments by mail, e-mail, or fax.
Mailing
Address
Policy
and Legislative Affairs Division
New
Mexico Public Education Department
300
Don Gaspar Avenue, Room 121
Santa
Fe, New Mexico 87501
E-Mail
Address
Rule.Feedback@state.nm.us
Fax
Number
(505)
827-6520
Written
comments must be received no later than 5 p.m. (MDT) on Monday, October 17,
2022. The PED encourages the early submission of written comments.
Public
Comment Period
The
public comment period is from Tuesday, September 13, 2022, to Monday, October
17, 2022, at 5:00 p.m. (MDT). The PED will review all feedback received during the public
comment period and issue communication regarding a final decision of the
proposed rulemaking at a later date.
Copies of the proposed rules may be obtained
from Gregory Frostad at (505) 470-5752 during regular business hours or may be
accessed through the PED Police and Legislative Affairs webpage titled,
“Proposed Rules,” at http://webnew.ped.state.nm.us/bureaus/policy-innovation-measurement/rule-notification/,
Individuals with disabilities who require the
above information in an alternative format or need any form of auxiliary aid to
attend or participate in the public hearing are asked to contact Gregory
Frostad at (505) 470-5752 as soon as possible before the date set for the
public hearing. The PED requires at least 10 calendar days advance notice to
provide any special accommodations requested.