TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 27 COUNSELORS AND THERAPISTS
PART 1 GENERAL PROVISIONS
16.27.1.1 ISSUING AGENCY: Regulation
and Licensing Department Counseling and Therapy Practice Board
[16.27.1.1 NMAC - Rp,
16.27.1.1 NMAC, 11/30/2021]
16.27.1.2 SCOPE: All
professional clinical mental health counselors, marriage and family therapists,
professional art therapists, professional mental health counselors, and
licensed mental health counselors, licensed associate marriage and family
therapists, alcohol and drug abuse counselors, alcohol abuse counselors, drug
abuse counselors, and substance abuse associates.
[16.27.1.2 NMAC – Rp,
16.27.1.2 NMAC, 11/30/2021]
16.27.1.3 STATUTORY
AUTHORITY: These parts are promulgated pursuant to the
Counselor and Therapist Practice Act, Section 61-9A-1 through 61-9A-30 NMSA
1978.
[16.27.1.3 NMAC - Rp,
16.27.1.3 NMAC, 11/30/2021]
16.27.1.4 DURATION: Permanent
[16.27.1.4 NMAC - Rp,
16.27.1.4 NMAC, 11/30/2021]
16.27.1.5 EFFECTIVE
DATE:
November 30, 2021, unless a later date is cited at the end of a section.
[16.27.1.5 NMAC - Rp,
16.27.1.5 NMAC, 11/30/2021]
16.27.1.6 OBJECTIVE: The objective
of Part 1 is to define terms relevant to applications, licensing,
administrations and enforcement of the Counseling and Therapy Practice Act.
[16.27.1.6 NMAC - Rp,
16.27.1.6 NMAC, 11/30/2021]
16.27.1.7 DEFINITIONS:
A. AATA
means the American art therapy association.
B. AAMFT means the American association
for marriage and family therapy.
C. Accredited institution means a university or college accredited by a
regional accrediting agency of institutions of higher education such as those
listed in subsection D of this section.
D. Accredited means a college or
university that was accredited at the time of the applicant's graduation by one
of the following:
(1) the New England association of
schools and colleges;
(2) the middle states association of
colleges and schools;
(3) the
north central association of colleges and schools;
(4) the
northwest association of schools and colleges;
(5) the
southern association of schools and colleges; or
(6) the western association of schools
and colleges.
E. Counseling related field means a
course of study equivalent to no less than 48 semester graduate hours or 72 quarter
graduate hours of course work required to meet in the mental health clinical
core curriculum and 9 semester hours or 12 quarter hours of practicum, and
additional hours required for the professional clinical mental health counselor
(LPCC) license.
F. Education and training for substance
abuse counselors means formal classroom education, workshops, seminars,
institutes, in-service training programs, professional continuing education and
coursework from accredited and non-accredited institutions. Practicum as it relates to the substance
abuse counselor includes 300 hours in the twelve core functions listed below.
(1) screening
(2) intake
(3) orientation
(4) assessment
(5) treatment planning
(6) counseling
(7) case management
(8) crisis
intervention
(9) client education
(10) referral
(11) reports and record keeping
(12) consultation with professionals
G. Clinical client contact hours means
the time spent with a client to appraise, diagnose and treat psychopathology as
determined by the scope of practice.
H. Contact hour for professional
training or client contact means sixty minutes equals an hour of training or
contact.
I. DSM means current diagnostic and
statistical manual of mental disorders.
J. Appropriate supervision, including
electronic supervision, means either group or individual supervision where the
supervisor is in the same physical location as the supervisee, or virtually
supervising in the same location as the supervisee. The supervisor is
responsible for the direction and oversight of the development of counseling skills.
Supervised contact hours shall become invalid after two years following the
expiration of the limited license for new applicants.
K. Group supervision means face-to-face
or electronic supervision, which includes no more than six individuals in the
group.
L. Guidance counseling means a degree
in guidance counseling, guidance and counseling, or counseling.
M. Human and family studies means a
degree in human services or family studies.
N. ICD means international
classification of diseases.
O. Individual supervision means
face-to-face or electronic case consultation between the supervisor with no
more than two supervisees in the group.
P. Mental health-community counseling means
a degree in mental health, community counseling, or rehabilitation counseling.
Q. Postgraduate means training or
coursework received after all master's or doctorate requirements for the
qualifying degree have been completed.
R. Practice of licensed alcohol and drug
abuse counselors shall demonstrate specialized knowledge and skills as pertains
to substance use disorders according to current DSM or ICD. The LADAC shall demonstrate skill and
interventions directly related to individuals, couples, families, and
groups. The LADAC shall employ practice
theory and research findings in all aspects of the licensee’s practice. The LADAC may supervise alcohol or drug
counselors if approved under 16.27.13.8 NMAC.
S. Practice of alcohol abuse or drug
abuse counseling is practicing under appropriate supervision with demonstrated
specialized knowledge and skills as it pertains to alcohol use disorders
according to current DSM or ICD. The
counselor shall demonstrate skill and knowledge of interventions directly
related to individuals, couples, families, and groups. The counselor shall employ practice theory
and research findings in all aspects of the licensee’s practice. The services may include screening,
assessment, consultation, development of treatment plans, case management,
counseling, referral, appraisal, crisis intervention, education, reporting and
record keeping as pertains specifically to alcohol abuse or drug abuse
counseling.
T. Psychopathology means mental
disorders that meet the diagnostic criteria contained in the current DSM of the
American psychiatric association or the world health organization’s
international classification of diseases and the problems in living associated
with these conditions that are created over time or etiology and life effects.
U. Registered independent mental health
counselor means an individual who is certified to practice without supervision.
V. Supervision means face-to-face
contact between the individual and the appropriate supervisor during which the
supervisor monitors, guides and evaluates the ability to interact, diagnose and
treat each client.
W. Co-occurring disorders: Concurrent
substance-related and mental disorder; having co-existing mental health and
substance use disorders; Co-occurring disorders may include any combination of
two or more substance abuse disorders and mental disorders identified in the
diagnostic and statistical manual of mental disorders - IV (DSM-IV).
X. Cultural competency: counselors and therapists shall recognize
that culture has an effect on the way in which clients’ problems are defined
and experienced. A client’s cultural
background and experiences shall be respected, recognized, acknowledged and
considered by counselors and therapists when diagnosing and treating clients from
diverse backgrounds.
Y. “disqualifying criminal conviction”
has the same meaning as defined in Subsection E of Section 61-1-36 NMSA 1978
Z. Telecommunication means distance,
electronic, or virtual
[16.27.1.7 NMAC - Rp,
16.27.1.7 NMAC, 11/30/2021]
16.27.1.8 LICENSE
DISPLAY: A valid license must be displayed and must be
visible to the public in the primary place of employment or business of the
counselor or therapist. The license
number and license designation shall appear with the contact information on the
counselor’s or therapist’s web page if a web page is maintained. A licensee
must practice counseling or therapy under the name inscribed on the license.
[16.27.1.8 NMAC - Rp,
16.27.1.9 NMAC, 11/30/2021]
16.27.1.9 BOARD
ELECTIONS: The board shall annually elect, by majority
vote of the members present, the following officers: Chairperson and vice chairperson. Officers will serve a one-year term of
office. A vacancy that occurs in any
office shall be filled by a majority vote of the board members present, at the
first board meeting following the vacancy.
[16.27.1.9 NMAC - Rp,
16.27.1.9 NMAC, 11/30/2021]
16.27.1.10 QUORUM: A quorum of
the board is four members. A quorum is
necessary to conduct official business.
[16.27.1.10 NMAC - Rp,
16.27.1.10 NMAC, 11/30/2021]
16.27.1.11 VIRTUAL CONFERENCING: If it
is difficult or impossible for a member of the board to attend a meeting in
person, the member may participate virtually (e.g. via telephone, computer link
or other electronic devises). Each
member participating in this manner shall be identified before speaking, all
participants must be able to hear each other at the same time and members of
the public attending the meeting must be able to hear any member of the board
who speaks during the meeting.
[16.27.1.11 NMAC - Rp,
16.27.1.11 NMAC, 11/30/2021]
16.27.1.12 BOARD MEETINGS: The board
shall meet at least once a year and as often as necessary. Meetings may be convened at the call of the
chair, or upon written request of three board members.
[16.27.1.12 NMAC - Rp,
16.27.1.12 NMAC, 11/30/2021]
16.27.1.13 STANDARDS COMMITTEES: The
board chair may appoint at least one and no more than five additional members
to the following standards committees:
Clinical mental health counselors, professional mental health
counselors, marriage and family therapy, art therapy, and substance abuse. The board member representing the licensed
profession shall chair the committee and a public board member shall serve on
each committee. Committee members who do
not serve on the board shall be licensed in the same professional category as
the committee or be an educator in that profession, and shall have practiced in
New Mexico for at least one year.
Committee members serve at the pleasure of the board. Individuals may
only serve on one standards committee.
[16.27.1.13 NMAC - Rp,
16.27.1.13 NMAC, 11/30/2021]
16.27.1.14 PUBLIC
RECORDS: Except as provided herein and except as
otherwise provided by law, all applications, pleadings, petitions and motions
are matters of public record as of the time of filing with the board.
[16.27.1.14 NMAC - Rp,
16.27.1.14 NMAC, 11/30/2021]
16.27.1.15 INSPECTION
OF PUBLIC RECORDS: The board operates in compliance with the
Inspection of Public Records Act, Sections 14-2-1 through 14-2-12, NMSA 1978. The board administrator is the custodian of
the board's records. Individuals may
make oral or written request to inspect the public records of the board. A request must include the name, address and telephone
number of the individual seeking inspection.
Requests will be processed in a timely manner. If the inspection is not permitted within
three business days, the custodian will notify the requestor in writing when
the records will be made available. The
board may request payment of a reasonable copying fee. No person shall remove original board
documents from the board office. The
board maintains files for all applicants and records in an applicant's file are
subject to inspection except as provided by the Inspection of public records
act.
[16.27.1.15 NMAC - Rp,
16.27.1.15 NMAC, 11/30/2021]
16.27.1.16 NON-PUBLIC
RECORDS: All written and oral communication provided
to the board or data and information acquired by the board, relating to actual
or potential discipline shall be confidential and shall not be disclosed except:
A. as necessary to carry out the
board’s functions;
B. as needed for judicial review of
the board’s actions; or
C. pursuant to a court order
issued by a court of competent jurisdiction.
However, at the conclusion of
any actual disciplinary action taken by the board against a person subject to
the provisions of the Counseling and Therapy Practice Act, all data,
communication and information acquired by the board shall be public.
[16.27.1.16 NMAC - Rp,
16.27.1.16 NMAC, 11/30/2021]
16.27.1.17 LICENSEE
CHANGE INFORMATION: All name changes and address changes
must be submitted to the board in writing or by e-mail.
[16.27.1.17 NMAC - Rp,
16.27.1.17 NMAC, 11/30/2021]
16.27.1.18 CRIMINAL CONVICTIONS:
A. Convictions for any of the following
offenses, or their equivalents in any other jurisdiction, are disqualifying
criminal convictions that may disqualify an applicant from receiving or
retaining a license issued by the board:
(1) physical harm to
another;
(2) sexual harm to
another;
(3) alcohol or drug
related offenses;
(4) white collar
crimes;
(5) financial
crimes;
(6) property crimes;
or
(7) any conviction
that could qualify as a violation under the New Mexico counseling and therapy
Practice board’s code of ethics outlined within 16.27.18 NMAC.
B. Having one of the above listed
convictions may result in your application or license going before the board
for review. The board may require a hearing before determining if the
application or license should be denied, suspended, revoked, approved, or
renewed.
C. The board shall not consider the
fact of a criminal conviction as part of an application for licensure unless
the conviction in question is one of the disqualifying criminal convictions
listed in Subsection A of this section.
D. The board shall not deny, suspend or
revoke a license on the sole basis of a criminal conviction unless the
conviction in question is one of the disqualifying criminal convictions listed
in Subsection A of this section.
E. Nothing in this rule prevents the
board from denying an application or disciplining a licensee on the basis of an
individual’s conduct to the extent that such conduct violated the Counseling
and Therapy Practice Act, regardless of whether the individual was convicted of
a crime for such conduct or whether the crime for which the individual was
convicted is listed as one of the disqualifying criminal convictions listed in
Subsection A of this section.
F. In connection with an application
for licensure, the board shall not use, distribute, disseminate, or admit into
evidence at an adjudicatory proceeding criminal records of any of the
following:
(1) an arrest not followed by a valid
conviction;
(2) a conviction that has been sealed,
dismissed, expunged or pardoned;
(3) a juvenile adjudication; or
(4) a conviction for any crime other than
the disqualifying criminal convictions listed in Subsection A of this section.
[16.27.1.18 NMAC - N, 11/30/2021]
HISTORY OF 16.27.1 NMAC:
Pre-NMAC History: The material in this part was
derived from that previously filed with the State Records Center and Archives
Under:
Rule 1, General Provisions, 3/24/1994.
Rule 2, Definitions, 3/24/1994
Rule2, Definitions, 3/20/1995
History of Repealed
Material:
16 NMAC 27.1, General
Provisions - Repealed 6/15/2001
Other History:
16.27.1 NMAC – General
Provisions filed 6/15/2001 was repealed and replaced by 16.27.1 NMAC- General
Provisions, effective 11/30/2021.