TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 27 COUNSELORS AND THERAPISTS
PART 21 EMERGENCY LICENSURE
16.27.21.1 ISSUING AGENCY: Regulation and
Licensing Department Counseling and Therapy Practice Board
[16.27.21.1 NMAC - N, 2/10/2006]
16.27.21.2 SCOPE: An individual
wishing to practice as a professional mental health counselor (LPC),
professional clinical mental health counselor (LPCC), licensed marriage and
family therapist (LMFT), alcohol and drug abuse counselor (LADAC) and licensed
art therapist (LPAT) following a federally declared disaster.
[16.27.21.2 NMAC - N, 2/10/2006]
16.27.21.3 STATUTORY AUTHORITY: These parts
are promulgated pursuant to the Counselor and Therapist Practice Act, Sections
61-9A-1, 61-9A-3, and 61-9A-7 through 61-9A-9 NMSA 1978 and the Uniform
Licensing Act, Section 61-1-30 NMSA 1978.
[16.27.21.3 NMAC - N,
2/10/2006; A, 11/30/2021]
16.27.21.4 DURATION: Permanent
[16.27.21.4 NMAC - N, 2/10/2006]
16.27.21.5 EFFECTIVE DATE: February 10,
2006, unless a later date is cited at the end of a section.
[16.27.21.5 NMAC - N, 2/10/2006]
16.27.21.6 OBJECTIVE: The objective
of Part 21 is to outline requirements, procedures, and criteria for issuance of
an emergency license.
[16.27.21.6 NMAC - N, 2/10/2006]
16.27.21.7 DEFINITIONS: [RESERVED]
16.27.21.8 PROVISIONS FOR EMERGENCY LICENSURE:
A. An applicant affected in a federal disaster currently
licensed as a counselor or therapist in another jurisdiction and is in good
standing and otherwise meets the requirements for New Mexico licensure may be
licensed in New Mexico during the four months following the declared federal
disaster at no cost upon satisfying the following requirements:
(1) be at
least 21 years of age; and
(2) applicant
must sign a statement provided in the application indicating the applicant has
read the code of ethics and agrees to be bound and governed by the code of
ethics;
(3) a completed application;
(4) proof of identity, which may include
a copy of a driver’s license, passport or other photo identification issued by
a governmental entity;
(5) sworn affidavit statement that
because of circumstance arising out of a declared area the applicant is unable
to obtain proof documentation otherwise required by rules by the board;
(6) refer to 16.27.4 NMAC, requirements
for licensure as a professional clinical mental health counselor (LPCC);
(7) refer
to 16.27.6 NMAC, requirements for licensure as a marriage and family therapist
(LMFT);
(8) refer
to 16.27.7 NMAC, requirements for licensure as a professional art therapist
(LPAT);
(9) refer to 16.27.8 NMAC, requirements
for licensure as a professional mental health counselor (LPC);
(10) refer to
16.27.10 NMAC, requirements for licensure as an alcohol and drug abuse
counselor (LADAC); and
(11) verification
of current licensure or certification (no access to national database, board
staff will verify).
B. The board may waive submission of
the specific forms only if the applicant is unable to obtain the required
document from an affected federally declared disaster area:
(1) verification
of supervised hours (attachment B);
(2) official
university transcripts;
(3) attachment E (mental health clinical
core curriculum), attachment D (marriage and family core curriculum),
attachment F (art therapy core curriculum), attachment D (alcohol and drug
education and training hours), and letters of reference for alcohol and drug
abuse counselors.
C. Nothing in this section shall constitute a waiver of the
requirements for licensure contained in 16.27.4 NMAC, 16.27.6 NMAC, 16.27.7
NMAC, 16.27.8 NMAC, and 16.27.10 NMAC.
D. Emergency licensure shall expire on September 30, unless
renewed by the board. Application for
renewal shall consist of the following:
(1) completed
application;
(2) a 2”x 2” photograph of the applicant;
(3) an
application fee of $75.00;
(4) other
documentation required in all parts of these rules, also to include but not
limited to, documents regarding supervision, any additional training or
coursework, work experience, and client contact hours;
(5) official
transcripts in a sealed envelope from each institution contributing to the
applicant’s master or doctoral degree; the transcript must be submitted with
the application;
(6) a statement from each supervisor in a
sealed envelope on form attachment B, verifying the applicant’s supervised
experience and setting forth the nature and extend of such supervision must be
submitted with the application;
(7) completion
of a core curriculum worksheet;
(8) completion
of training and education hours for alcohol and drug abuse counselors; and
(9) letters
of reference.
E. Examination: an applicant who has completed the
educational and supervision requirements for licensure as a professional
clinical mental health counselor (LPCC), professional marriage and family
therapist (LMFT), professional art therapist (LPAT), professional mental health
counselor (LPC), and alcohol and drug abuse counselor (LADAC), shall be
required to pass the board approved examination(s).
[16.27.21.8 NMAC - N,
2/10/2006; A, 11/30/2021]
16.27.21.9 EMERGENCY LICENSE TERMINATION: In
accordance with the procedures established by the Uniform Licensing Act, 61-1-1
to 61-11-31 NMSA 1978, the board may deny, suspend or revoke a license held or
applied for under the Counseling and Therapy Practice Act, and may fine or
reprimand a licensee or take any other action provided for in the Uniform
Licensing Act, upon grounds that the licensee:
A. is guilty of fraud, deceit, or
misrepresentation in procuring or attempting to procure any license provided
for the counseling and therapy practice board;
B. failure to apply or renew for
permanent licensure;
C. termination of an emergency license
shall not preclude applicant from permanent licensure.
[16.27.21.9 NMAC - N, 2/10/2006]
HISTORY OF 16.27.21 NMAC: [RESERVED]