PART 1                 GENERAL PROVISIONS               ISSUING AGENCY:  Regulation and Licensing Department Board of Psychologist Examiners

[ NMAC - Rp, NMAC, 11/15/2006]               SCOPE:  This part applies to the board, licensees, applicants for licensure, and the general public.

[ NMAC - Rp, NMAC, 11/15/2006]               STATUTORY AUTHORITY:  This part is adopted pursuant to the Professional Psychologist Act, NMSA 1978 Section 61-9-6, 61-9-8, 61-9-16.  Section 1 of Part 1 is authorized by NMSA 1978 Section 10-15-1.C (1993 Repl.)

[ NMAC - Rp, NMAC, 11/15/2006]               DURATION:  Permanent.

[ NMAC - Rp, NMAC, 11/15/2006]               EFFECTIVE DATE:  November 15, 2006, unless a later date is cited at the end of a section.

[ NMAC - Rp, NMAC, 11/15/2006]               OBJECTIVE:  The objective of Part 1 is to set forth the provisions, which apply to all of Chapter 22, and to all persons affected or regulated by Chapter 22 of Title 16.

[ NMAC - Rp, NMAC, 11/15/2006]               DEFINITIONS:  As used in these regulations, the following words and phrases have the following meanings, unless the context or intent clearly indicates a different meaning:

                A.            “Act” means the Professional Psychologist Act, Section 61-9-1 through 61-9-19 NMSA 1978.

                B.            “Administrator” or “board administrator” means the staff person assigned certain express or implied executive and administrative functions of the board as defined by board regulations or as required to carry out the provisions of the act.

                C.            “Adult” means all persons 18 years of age or older.

                D.            “Applicant” means a person who has completed all educational requirements of the eligibility requirements for licensure and has submitted a complete application to the board.  An applicant is seeking approval of his or her application by the board to advance him or her to candidacy for licensure.

                E.            “Approved supervision program” means a formal internship or program of postdoctoral supervised experience in New Mexico that is designed to prepare an applicant for licensure and that has been accredited by a nationally recognized accreditation body, or a program of training for licensure in New Mexico that has been formally approved in advance and in writing by the board as meeting the requirements for internship or postdoctoral supervised experience.

                F.            “Board administrator” or “administrator” means the staff person assigned certain express or implied executive and administrative functions of the board as defined by board regulations or as required to carry out the provisions of the act.

                G.            “Board certified psychiatrist” means a physician licensed in New Mexico who has been certified by the American board of psychiatry and neurology in the specialty of psychiatry or the subspecialty of child and adolescent psychiatry.

                H.            “Board regulations” or “regulations” means any part adopted by the board pursuant to authority under the act and includes any superseding regulation.

                I.             “Candidate” is an applicant whose application has been approved by the board and is eligible to take the online jurisprudence examination.

                J.             “Children/adolescents” mean all persons through 17 years of age (children two-12 years; adolescents 13-17 years).

                K.            “Client” means a person, corporate entity, patient or organization that is a recipient of psychological services.  A corporate entity or other organization is a client when the purpose of the professional contract is to provide services of benefit primarily to the organization rather than to the individuals.  In the case of individuals with legal guardians, including minors and legally incompetent adults, the legal guardian shall be the client for decision-making purposes, except that the individual receiving services shall be the client for:

                                (1)           issues directly affecting the physical or emotional safety of the individual, such as sexual or other exploitative dual relationships; and

                                (2)           issues specifically reserved to the individual, and agreed to by the guardian prior to rendering of services, such as confidential communication in a therapy relationship;

                                (3)           all matters specifically designated to individuals in the Mental Health Code and Children's Code, NMSA 1978.

                L.            “Confidential information” means information revealed by a patient or clients or otherwise obtained by a psychologist, as a result of a confidential relationship where there is reasonable expectation that the information is not to be disclosed by the psychologist without the informed written consent of the patient or client in accordance with the Public Health Act, Section 24-1-20 NMSA 1978.  A confidential relationship, as used here, results from:

                                (1)           the relationship between the patient(s) or client(s) and the psychologist, or

                                (2)           the circumstances under which the information was revealed or obtained;  when such information is revealed or obtained through the psychologist’s interaction with an individual from within a client corporation or organization, and that interaction is the result of the professional contract between the psychologist and the client corporation or organization, the confidential relationship is between the psychologist and that client corporation or organization, not between the psychologist and a patient or other individual within the corporation or organization; in this instance, information obtained by the psychologist from a patient or other individual shall be available to the organization unless such information was obtained in a separate professional relationship with that individual and is therefore subject to confidentiality requirements in itself.

                M.           “Conditional prescribing psychologist” means a licensed psychologist who holds a valid conditional prescription certificate.

                N.            “Conflict of interest” means any situation or relationship that compromises or impairs, or appears to compromise or impair, the neutrality, independence or objectivity of a psychologist, psychologist associate, supervising physician, or board member, including relationships or situations that arise from past or present familial, social, fiduciary, business, financial, health care provider-patient relationship, agency, or other personal relationship.  Paying or receiving an appropriate fee for supervisory services is not a conflict of interest.  Conflict of interest includes dual relationships as provided herein at NMAC.

                O.            “Consultant” means a licensed psychologist who provides professional advice or opinion to another licensed psychologist and who has no professional relationship with the patient or client, has no authority over the case, or has no responsibility for the services performed for the patient or client or the welfare of the patient or client.

                P.            “Continuing professional education” means educational opportunities beyond doctoral education and initial entry level training as a psychologist or psychologist associate for which hourly credit is earned.  It is the process through which professional licensees review psychological concepts and techniques, acquire new knowledge or skills relevant to their work, and improve their competence in current skills.  These activities are intended to supplement what has already been attained in training and practice.  It is an ongoing process consisting of formal learning activities at the postgraduate level that are:

                                (1)           relevant to psychological practice, education, and science;

                                (2)           enable psychologists to keep pace with emerging issues and technologies; and

                                (3)           allow psychologists to maintain, develop and increase competencies in order to improve services to the public and enhance contributions to the profession.

                Q.            “Controlled substance” means any drug, substance or immediate precursor enumerated in schedules I through V of the U.S. Drug Enforcement Administration, Controlled Substance Act and in Sections 30-31-6 thru 30-31-10 of the act.

                R.            “Court order” means the written communication of a member of the judiciary, or other court magistrate or administrator, if such authority has been lawfully delegated to such magistrate or administrator that is under the authority of law.

                S.             “Criminal Offender Employment Act”, Sections 28-2-1 thru 28-2-6 NMSA 1978 is the statutory provision regulating the relevance and weight to be given an applicant, candidate, or licensee’s criminal record, by the board, during the licensure or renewal process.

                T.            “Cultural competence” means the ability and the will to respond to the unique needs of an individual patient that arise from the patient’s culture, and the ability to use aspects of the person’s culture as a resource or tool to assist with the intervention.  Cultural competence includes being able to:

                                (1)           recognize and respond to health related beliefs and cultural values;

                                (2)           incorporate research about disease incidence and prevalence, and treatment efficacy; and

                                (3)           know when to seek consultation about the patient’s culture.

                U.            “Currently enrolled” means enrolled as a student in a college or university.

                V.            “Custodian” means the board administrator.

                W.           “Designated as a doctoral program in psychology by a nationally recognized designation system” means listed as an approved doctoral program by the Association of State and Provincial Psychology Boards/National Register Designation Project prior to the termination of that project on June 1, 2018.

                X.            “Drug or substance” means substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States or official national formulary or any respective supplement to those publications.  It does not include devices or their components, parts or accessories.

                Y.            “Electronic signatures” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

                Z.            “Electronic transmission” means the sending of information through the telephone lines, cable or internet, as in e-mail or facsimile (fax).

                AA.         “Ethno-pharmacology” means the basic and clinical sciences of treatment of specific mental illness with ethnically or culturally appropriate drugs.

                BB.         “Filed with the board” means hand delivered or postal mail received during normal business hours by the board office in Santa Fe, New Mexico.

                CC.         “Geriatric” means all persons 65 years of age and over.

                DD.         “Good cause” means the inability to comply because of illness, undue hardship, or extenuating circumstances that are not willful and are beyond the control of the person asserting good cause.  The person asserting good cause shall have the burden to demonstrate good cause.

                EE.         “Governmental Conduct Act” 10-16-1 thru 10-16-18 NMSA 1978 is the statutory provision which sets forth standards of conduct and ethical principles for public service.

                FF.          “Inactive status” means a procedure of the board to affirm that a licensee is not engaged in active practice.

                GG.        “Initial application” means the initial application for licensure filed with the board by an applicant not previously or currently licensed in any jurisdiction.

                HH.        “In-person supervision” is supervision of psychological services where the supervisor is physically present in the same room as the trainee.

                II.            “Inspection of Public Records Act”, 14-2-1 thru 14-2-12 NMSA 1978 is the statutory provision acknowledging the fundamental right of access to public records afforded citizens and media in a democracy, and governing the administration of that right.

                JJ.          “Licensed” means licensed or certified, registered, or any other term including temporary, provisional, emergency, unrestricted, active or inactive license or licensure, when such term identifies a person whose professional behavior is subject to regulation by the board by authority of the act.

                KK.        “Licensee” means a psychologist licensed pursuant to the provisions of the act and board regulations.

                LL.         “Licensee in good standing” means a licensed psychologist who is not the subject of a pending investigation, adjudicatory proceeding, or petition on appeal or review, or whose license is not restricted, suspended, or revoked in New Mexico or any other state or licensing jurisdiction.

                MM.       “Medical supervision” means direct oversight of the psychologist trainee’s psychopharmacological practice by a qualified supervising physician approved by the board.  Supervision may be on-site or off-sit as specified in the rule.

                NN.         “Medical supervisor” means a qualified supervising physician approved by the board.

                OO.        “Member of the family” means a parent, spouse, child, stepchild, grandchild, grandparent, sibling, uncle, aunt, niece or nephew, or other relative by blood, marriage, or legal process with whom the supervisor or physician supervisor has or has had a close familial relationship.

                PP.          “Member of the household” means residing within the same dwelling unit, either continuously or intermittently, regardless of whether fee or rent is paid or received.

                QQ.        “Military service member” means a person who is serving in the armed forces of the United States or in an active reserve component of the armed forces of the United States, including the national guard.

                RR.         “National certification exam” means an examination that evaluates the psychopharmacological knowledge base of the applicant, is developed with the intention to administer it to psychologists seeking certificates or licenses to prescribe psychotropic medication in any state with prescriptive authority for psychologists, and meets standards acceptable to the board and the medical board.

                SS.          “Nationwide criminal history record” means information concerning a person’s arrests, indictments, or other formal criminal charges and any dispositions arising there from, including convictions, dismissals, acquittals, sentencing and correctional supervision, collected by criminal justice agencies and stored in the computerized databases of the federal bureau of investigation, the national law enforcement telecommunications systems, the department of public safety or the repositories of criminal history information in other states.”

                TT.         “Nationwide criminal history screening” means a criminal history background investigation of an applicant for licensure by examination or endorsement through the use of fingerprints reviewed by the department of public safety and submitted to the federal bureau of investigation, resulting in the generation of a nationwide criminal history record for that applicant.”

                UU.         “New Mexico administrative code” or “NMAC”, Section 14-4-7.2 NMSA 1978 is the official compilation of current rules filed by state agencies in accordance with New Mexico statutes.

                VV.         “New Mexico statutes annotated 1978 or NMSA 1978” is the official compilation of state laws.

                WW.      “Non-licensed person” means a student, an applicant or postdoctoral person working under supervision in order to satisfy licensure requirements in psychology, and employees or staff of a licensed psychologist

                XX.        “Open Meetings Act", 10-15 NMSA 1978 is the statutory provision requiring that public business be conducted in full public view; providing guidelines governing both public and closed meetings, and regulating the notice, agenda and minutes of such meetings.

                YY.         “Outdated test” means a test for which a revision has been available for three or more years.

                ZZ.         “Out-of-state psychologist” means a psychologist licensed in another state, a territorial possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, the U.S. Virgin Islands, or a Canadian province who is in good standing in his or her licensing jurisdiction(s).

                AAA.      “Patient” means a person who is treated, examined, assessed, or interviewed by a licensed psychologist or licensed psychologist associate or a non-licensed person working under supervision as provided in these regulations.  In the case of minor patients or adult patients who are legally incompetent, the legal guardian shall represent the patient for decision-making purposes, except that the patient shall be directly consulted by the psychologist or psychologist associate for:

                                (1)           issues directly affecting the physical or emotional safety of the individual, such as sexual or other exploitative dual relationships;

                                (2)           issues specifically reserved to the individual, and agreed to by the guardian prior to rendering of services, such as confidential communication in a therapy relationship, and

                                (3)           all matters specifically designated to individuals in the Mental Health and Developmental Disabilities Code (MHDDC), Section 43-1-19 NMSA 1978, and the Children’s Code, Section 32A-1-1 thru 32A-1-20 NMSA 1978.

                BBB.      “Physician” means an allopathic or osteopathic physician.

                CCC.      “Practicum” means a period of supervised clinical training and practice in which specific scientific and clinical techniques and diagnoses are learned.

                DDD.      “Prescribing applicant” means a licensed psychologist who has made application to the board for a conditional prescribing or prescribing certificate.

                EEE.      “Prescription” means an order given individually for the person for whom prescribed, either directly from the prescriber to the pharmacist or indirectly by means of a written order signed by the prescriber, and bearing the name and address of the prescriber, his license classification, the name and address of the patient, the name and quantity of the drug prescribed, directions for use and the date of issue.  No person other than a prescriber shall prescribe or write a prescription.

                FFF.       “Primary treating health care practitioner” means the health care practitioner who is directly responsible for treating a specific illness or condition of a patient.  The primary treating health care practitioner may be a primary care practitioner, or may be a medical specialist.

                GGG.     “Professional relationship” means a mutually agreed-upon relationship between a psychologist and a patient(s) or client(s) for the purpose of the patient(s) or client(s) obtaining the psychologist’s professional services.

                HHH.     “Professional service” means all actions of the psychologist in the context of a professional relationship with a client or patient.

                III.          “Properly made application” means a completed form for a psychologist or psychologist associate license filed with the board that is complete in all particulars and appears on its face to satisfy all minimum age, educational, supervision, payment, and other requirements except examination requirements for licensure as required by the act and these regulations.

                JJJ.        “Psychopharmacology” means the basic and clinical science of drugs used to treat mental illnesses.

                KKK.     Psychopharmacotherapy means the application of pharmacotherapeutics to psychological problems.

                LLL.      “Recent Veteran” means a person who has received an honorable discharge or separation from military service within the two years immediately preceding the date the person applied for an occupational or professional license pursuant to this section.

                MMM.   “Reciprocity” means facilitation of licensure for individuals holding a license as a psychologist in another jurisdiction; reciprocity does not mean that other states accept New Mexico licensees on an equal basis but is an invitation that they do so.

                NNN.      Public Health Act”, 24-1-1 thru 24-1-30 NMSA 1978, governs the confidentiality of patient or client record.

                OOO.     “Restricted license” means a psychologist who holds a temporary, provisional, emergency or inactive license.

                PPP.       “Rule” means board regulations.

                QQQ.     “Socio-cultural” means aspects of mental illness related to social and cultural mores and traditions of varied social and cultural groups.

                RRR.      “State Rules Act”, Sections 14-4-1 thru 14-4-5 NMSA 1978, is the statutory provision that ensures that state agencies file with the state records center and archives all rules and regulations including amendments or repeals.

                SSS.        “Statute” means a law that governs conduct within its scope.  A bill passed by the legislature becomes a statute; and “statutory authority” means the boundaries of the board’s lawful responsibility as laid out by the statute that created it.

                TTT.      “Supervisee” means any person who functions under the authority of a licensed psychologist to provide psychological services as provided in the act or board regulations.

                UUU.      “Supervisor” means a licensed psychologist who agrees to provide adequate supervision over a student, applicant, employee, staff, or other non-licensed person and who remains ultimately responsible for the professional conduct of the non-licensed person and the welfare of the patient.

                VVV.      “Supervisory plan” means a written document signed by an applicant for psychology license or a conditional prescribing certificate and the supervisor of the applicant that describes the nature of the supervisory relationship including but not limited to the number of hours of supervision, population served, and credentials of supervisor, and is presented to the board for approval.

                WWW.  “Telephonic supervision” means the supervision of psychological services through telephone or other audio format where the supervisor is not in the same physical facility as the trainee.

                XXX.     Telesupervision means the supervision of psychological services through synchronous audio and video format where the supervisor is not in the same physical facility as the trainee.

                YYY.      “Unrestricted license” means a license in psychology with full privileges and responsibilities as described in these regulations but is renewed annually or biennially.  It does not have a limitation of a provisional license, temporary license, emergency license or inactive license as described herein.

                ZZZ.      “Year of supervised experience” means 1500 hours of psychological work conducted under supervision satisfactory to the board.  The 1500 hours may be accumulated in one or two consecutive calendar years in the case of an internship, three consecutive years in the case of postdoctoral experience, or over the course of graduate training in the case of doctoral experience.

                AAAA.   “Doctoral training program” means the program from which the applicant received his or her doctoral degree to fulfill the educational requirements for licensure (NMAC)

[ NMAC - Rp, NMAC, 11/15/2006; A, 03/21/2009; A, 9/16/2010; A, 4/11/2012; A, 04/30/2015; A, 7/1/2018]               [RESERVED]

[ NMAC - N, 11/15/06; Repealed 7/1/2018]               [RESERVED]

[ NMAC - Rp, NMAC, 11/15/06; Repealed 7/1/2018]             BOARD OPERATIONS:

                A.            Elections.  At its annual meeting in July, the board shall elect a chair, vice chair, and secretary treasurer.

                B.            Duties of officers.  All board officers shall exercise authority subject to the act, board regulations, and specific directions of the board.

                                (1)           The chair shall preside at board meetings and adjudicatory hearings unless another presiding officer is named by the board.  At the direction of the board, the chair shall respond to inquiries and correspondence, execute orders of the board in any pending adjudicatory proceeding unless a hearing officer is appointed, sign, or designate another board member to sign decisions of the board, appoint board members to formal committees, and provide direction to the board administrator on routine matters to facilitate the efficient operation of board functions between meetings.

                                (2)           The vice chair shall preside at board meetings and adjudicatory hearings in the absence of the chair.  If the office of chair becomes vacant, the vice chair shall serve as chair until a new chair is elected.

                                (3)           The secretary-treasurer shall preside at board meetings and adjudicatory proceedings in the absence of the chair and vice chair.

                C.            Vacancy.  If the office of board chair becomes vacant, the board shall elect a chair at the next meeting or any subsequent meeting.  If the office of vice chair or secretary-treasurer becomes vacant, the board may hold elections as it deems necessary and advisable.

                D.            Duties of board administrator.  The board administrator shall at all times perform those tasks directed by the board pursuant to and those duties prescribed by the act, board regulations, the ULA, Sections 61-1-1 thru 61-1-33 NMSA 1978, and other applicable state laws.  In addition, the board administrator shall supervise other personnel, to ensure the responsiveness and efficiency of board operations, and assume the role of custodian of records.

                E.            Board office.  The board office is located in Santa Fe, New Mexico.

                F.            Board meetings.  The board shall conduct meetings in accordance with the Open Meetings Act (OMA), Sections 10-15-1 thru 10-15-4 NMSA 1978.

                G.            Annual meeting.  The board shall hold an annual meeting in July and shall hold other meetings as it deems necessary and advisable.

                H.            Conduct of meetings.  The board shall conduct its meetings in an orderly fashion, with due regard for each board member and the public.  The board may refer to Robert’s Rules of Order, Revised, when necessary and advisable.

                I.             Agenda.  The board administrator shall prepare the meeting agenda in accordance with the OMA and board regulations, except that the board may change the order of agenda items during the meeting.

                J.             Quorum.  The board shall transact official business only at a legally constituted meeting with a quorum present.  A quorum shall consist of five members.  The board is in no way bound by any opinion, statement, or action of any board member, the board administrator, or other staff except when such action is pursuant to a lawful instruction or direction of the board.

                K.            Addressing the board.  Except for proceedings to adopt, amend, or repeal regulations in accordance with the ULA, Section 61-1-29 NMSA 1978, the board, at its sole discretion, may provide a reasonable opportunity for persons attending an open meeting to address the board on an agenda item.  The request to speak shall be timely made and shall not delay or disrupt the board’s meeting.  No person shall be permitted to address the board on any pending or concluded application, complaint, investigation, adjudicatory proceeding, or matter in litigation, except to confer for the purpose of settlement or simplification of the issues.  Any public comment to the board shall be brief, concise, and relevant to the agenda item.  The board may limit the total time allotted for comments and the time allotted to any person.

                L.            Telephonic attendance.  Pursuant to the OMA, Subsection C of Section 10-15-1 NMSA 1978, a board member may participate in a meeting of the board by means of a conference telephone or other similar communications equipment when it is otherwise difficult or impossible for the member to attend the meeting in person, and shall give advance notice to the board administrator in ample time to arrange such accommodation.

                M.           Conflict of interest, recusal.  Any board member who cannot be impartial in the determination of a matter before the board and who cannot judge a particular matter or controversy fairly on the basis of its own merits shall not participate in the any board deliberation or vote on the matter.  A board member with a personal, social, family, financial, business, or pecuniary interest in a matter shall recuse himself or herself and shall not participate in a hearing, consideration, deliberation, or vote on the matter, except as provided by law.

                N.            Confidentiality.  Board members shall not disclose to any non-member the content of any executive session discussion or deliberation, or any other confidential matters that may be the subject of an executive session or attorney-client privileged communications except as ordered by a court of competent jurisdiction or where the board knowingly and intentionally permits disclosure.  Nothing herein shall preclude the board from including in executive session discussions or confidential committee meetings the board administrator or other persons the board deems necessary to assist the board in carrying out its operations.  Such other persons shall be bound by the same rules of executive session as board members.

                O.            Code of conduct.  Board members shall adhere to the standards set forth in the GCA, Chapter 10, Article 16 NMSA 1978, and shall sign a code of conduct agreement as provided by the regulation and licensing department or its designee adopting provisions in the GCA.

[ NMAC - Rp, NMAC, 11/15/2006]             BOARD RECORDS:

                A.            Inspection of Public Records Act (IPRA).  Public records shall be available for inspection in accordance with the provisions of the IPRA, Section 14-2-1 through 14-2-12 NMSA 1978 and Section 61-9-5.1 NMSA 1978.

                B.            Copying charges.  The custodian shall charge a copying charge of $.25 per page or the regulation and licensing department standard IPRA fee, whichever is higher.

                C.            Creating records.  The board shall not be required to create any document or compile data for an individual or private entity.

                D.            Reasonable access.  Consistent with the IPRA and taking into account the available staff, space, and the needs of other legitimate public business, the custodian may determine the reasonable time, place, and conditions for access to public records.

                E.            Removal.  Public records shall not be removed from the board office except by board members, board staff, or agents of the board for official public business.

[ NMAC - Rp, NMAC, 11/15/2006; A, 03/21/2009]             BOARD RULES AND REGULATIONS 2000 (as revised):  Board regulations may be adopted, amended, repealed, or superseded by rulemaking proceedings pursuant to applicable provisions of the act, the ULA, and the State Rules Act.

[ NMAC - Rp, NMAC, 11/15/2006]             ELECTRONIC SIGNATURES:  The board will accept electronic signatures on all applications and renewals submitted for professional licensure.

[ NMAC - N, 04/30/2015]



Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

SBPE 10, Status of Non-Certified Personnel, filed 11/15/1979;

Rule 13, Status of Non-Certified Personnel, filed 11/1/1983;

NMBPE Rule 9, Status of Non-Licensed Personnel, filed 12/28/1989;

NMBPE Rule 9, Status of Non-Licensed Personnel, filed 2/7/1990;

Rule No. 9, Status of Non-Licensed Personnel, filed 4/24/1995;

SBPE 11, Areas of Practice, filed 11/15/1979;

Rule 11, Changing or Adding Areas of Practice, filed 11/1/1983;

NMBPE Rule 10, Board Files, filed 8/28/1990;

Rule No. 10, Board Records, filed 4/24/1995;

Rule No. 16, Superseding Rule, filed 4/24/1995;

Rule No. 18, Meetings By Telephone, filed 4/24/1995.


History of Repealed Material:

16 NMAC 22.1, General Provisions - Repealed, 04/16/2000.

16.22.1 NMAC, General Provisions - Repealed 11/15/2006.