TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 27 COUNSELORS AND THERAPISTS

PART 3 APPLICATION PROCEDURES, INITIAL LICENSES, AND LICENSE PERIOD

16.27.3.1 ISSUING AGENCY: Regulation and Licensing Department Counseling and Therapy Practice Board

[16.27.3.1 NMAC – Rp, 16.27.3.1 NMAC, 11/30/2021]

16.27.3.2 SCOPE: All professional clinical mental health counselors, marriage and family therapists, professional art therapists, licensed associate marriage and family therapist, licensed mental health counselors, alcohol and drug abuse counselors, and substance abuse associate.

[16.27.3.2 NMAC - Rp, 16.27.3.2 NMAC, 11/30/2021]

16.27.3.3 STATUTORY AUTHORITY: These parts are promulgated pursuant to the Counselor and Therapist Practice Act, Sections 61-9A-1, 61-9A-3, 61-9A-5, 61-9A-9, 61-9A-11, 61-9A-15, and 61-9A-24, NMSA 1978.

[16.27.3.3 NMAC - Rp, 16.27.3.3 NMAC, 11/30/2021]

16.27.3.4 DURATION: Permanent

[16.27.3.4 NMAC - Rp, 16.27.3.4 NMAC, 11/30/2021]

16.27.3.5 EFFECTIVE DATE: November 30, 2021, unless a later date is cited at the end of a section.

[16.27.3.5 NMAC - Rp, 16.27.3.5 NMAC, 11/30/2021]

16.27.3.6 OBJECTIVE: The objective of Part 3 is to outline what constitutes a complete application for the initial licensing process and initial licensing period.

[16.27.3.6 NMAC - Rp, 16.27.3.6 NMAC, 11/30/2021]

16.27.3.7 DEFINITIONS: [RESERVED]

16.27.3.8 APPLICATIONS FOR LICENSURE BY EXAMINATION:

A. All applicants for licensure by examination must submit the following documentation to the board:

(1) a completed application, signed by the applicant;

(2) a 2” x 2” photograph of the applicant taken within the preceding six months;

(3) an application fee of $75;

(4) an official transcript in their original and sealed envelope or electronically sent directly to the board’s e-mail address from each institution where the applicant completed an appropriate degree for the license type sought;

(5) if required, a statement from each supervisor on a form provided by the board verifying the applicant’s supervised experience and setting forth the nature and extent of each supervision; the forms must be submitted in a sealed envelope to the board office;

(6) other documentation required in 16.27.4 NMAC through 16.27.8 NMAC, and 16.27.18 NMAC through 16.27.23 NMAC, to document supervision, any additional training or coursework, work experience and client contact hours.

B. Applications will be valid for a period not to exceed 12 months from the date it is received at the board’s office. An applicant wishing to re-apply after 12 months must submit a new application, including the application fee and all documentation.

C. Applicants who are deemed ineligible because of experience or educational deficiencies may request licensure at a lower level. This request from the applicant shall be in writing and include a $25 application re-review fee as provided for in 16.27.17 NMAC.

[16.27.3.8 NMAC - Rp, 16.27.3.8 NMAC, 11/30/2021; A, 1/18/2023]

16.27.3.9 INITIAL LICENSE: The board shall inform an applicant who has been approved for licensure of the required fees. If the applicant fails to pay all required fees within 60 days of notification of approval, the application shall be deemed null and void. The applicant shall then be required to submit a new application to include all supplemental documentation and fees.

[16.27.3.9 NMAC - Rp, 16.27.3.9 NMAC, 11/30/2021]

16.27.3.10 INITIAL LICENSE PERIOD: An initial license will be issued including an expedited license for a period not to exceed 24 months. The issue date of the license will be the date the initial license fee and all other requirements are received at the board office and shall expire on September 30 of the appropriate year to establish the license in a renewal cycle.

[16.27.3.10 NMAC - Rp, 16.27.3.10 NMAC, 11/30/2021; A, 1/18/2023]

16.27.3.11 RETIREMENT STATUS:

A. A licensee may place their license into retirement status by notifying the board in writing before the expiration of their current New Mexico license.

B. A retired license may be restored to active status within five years of being placed into retirement status by notifying the board in writing.

C. Reinstatement of a retired license will be granted upon receipt of the reinstatement application with the renewal and reinstatement fees, and proof of the required continuing education courses

[16.27.3.11 NMAC - Rp, 16.27.3.11 NMAC, 11/30/2021]

16.27.3.12 INACTIVE STATUS: A licensee may request inactive status by notifying the board in writing before the expiration of the retirement status of the license. To be restored to active status, the licensee shall complete the renewal application and comply with current continuing education requirements pursuant to 16.27.16.8 NMAC.

[16.27.3.12 NMAC - Rp, 16.27.3.12 NMAC, 11/30/2021]

16.27.3.13 RENEWAL REQUIREMENTS:

A. All licenses must be renewed biennially by September 30 by completing the following requirements:

(1) A completed renewal application provided by the board office;

(2) submission of the renewal license fee;

(3) completion of the mandatory University of New Mexico health professions survey;

(4) completion of 40 CEUs with 12 of those hours being in ethics related to counseling and therapy obtained between October 1 and September 30 of the current licensing period; and

(5) completion of nine CEUs specific to counseling and therapy supervision if providing supervision to licensees obtained between October 1 and September 30 of the current licensing period.

B. A grace period of 30 days, ending October 31 of the renewal year will be available for late renewal and will require completion of all requirements outlined in Subsection A of 16.27.3.13 NMAC and the submission of an additional $100 late penalty fee as required under 16.27.17.14 NMAC.

C. Failure to renew a license by the end of the grace period will result in the license expiring and will require submission of the following documentation in order to obtain licensure again, pursuant to Subsection D of Section 61-9A-23 NMSA 1978:

(1) Submission of a new and complete application packet, to include all required supplemental documentation;

(2) meeting the current requirements for licensure at the time of completion of the new application packet; and

(3) submission of the application fee and initial license fees as outlined under 16.27.17 NMAC.

[16.27.3.13 NMAC - N, 11/30/2021]

HISTORY OF 16.27.3 NMAC:

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

Rule 3, Application Procedures, Initial Licenses, License Period, 3/24/1994

Rule 3, Application Procedures, Initial Licenses, License Period, 3/20/1995

History of Repealed Material:

16 NMAC 27.3, Application Procedures, Initial Licenses, License Period - Repealed 6/15/2001.

Other History: 16.27.3 NMAC - Application Procedures, Initial Licenses, and License Period, filed 6/15/2021 was repealed and replaced by 16.27.3 NMAC - Application Procedures, Initial Licenses, and License Period, effective 11/30/2021