1,311 sections in this chapter.
NMSA 1978, § 61-9-13 Denial, revocation or suspension of license. (Repealed
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effective July 1, 2028.) A. In accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978], the board, by an affirmative vote of at least five of its eight members, shall withhold, deny, revoke or suspend a psychologist or psychologist associate license issued or …
NMSA 1978, § 61-9-14 Violation and penalties. (Repealed effective July 1, 2028.)
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A. It is a misdemeanor: (1) for any person not licensed under the Professional Psychologist Act to practice psychology or to represent himself as a psychologist or a psychologist associate; (2) for any person to practice psychology during the time that his license as a psychologi…
NMSA 1978, § 61-9-15 Injunctive proceedings. (Repealed effective July 1, 2028.)
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A. The board may, in the name of the people of the state of New Mexico, through the attorney general of the state of New Mexico, apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act declared to be a misdemeanor by the Profess…
NMSA 1978, § 61-9-16 Scope of act. (Repealed effective July 1, 2028.)
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A. Nothing in the Professional Psychologist Act shall be construed to limit: (1) the activities, services and use of an official title on the part of a person in the employ of a federal, state, county or municipal agency or of other political subdivisions or any educational insti…
NMSA 1978, § 61-9-17 Drugs; medicines. (Repealed effective July 1, 2028.)
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A. Except as provided in Subsections B and C of this section, psychologists or psychologist associates shall not administer or prescribe drugs or medicine or in any manner engage in the practice of medicine as defined by the laws of this state. B. A licensed psychologist holding …
NMSA 1978, § 61-9-17.1 Conditional prescription certificate; prescription
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certificate; application; requirements; rulemaking by board; issuance, denial, renewal and revocation of certification. (Repealed effective July 1, 2028.) A. A psychologist may apply to the board for a conditional prescription certificate. The application shall be made on a form …
NMSA 1978, § 61-9-17.2 Prescribing practices. (Repealed effective July 1, 2028.)
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A. A prescribing psychologist or a psychologist with a conditional prescription certificate may administer and prescribe psychotropic medication within the recognized scope of the profession, including the ordering and review of laboratory tests in conjunction with the prescripti…
NMSA 1978, § 61-9-17.3 Prescription monitoring program; board to promulgate
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rules. (Repealed effective July 1, 2028.) By January 1, 2020, the board shall promulgate rules to carry out the provisions of the prescription monitoring program established by Section 26-1-16.1 NMSA 1978 insofar as that program applies to prescribing psychologists. History: Laws…
NMSA 1978, § 61-9-18 Privileged communications. (Repealed effective July 1,
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2028.) A licensed psychologist or psychologist associate shall not be examined without the consent of his client as to any communication made by the client to him or his advice given in the course of professional employment; nor shall a licensed psychologist's or psychologist ass…
NMSA 1978, § 61-9-19 Termination of agency life; delayed repeal. (Repealed
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effective July 1, 2028.) The New Mexico state board of psychologist examiners is terminated on July 1, 2027 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Professional Psychologist Act until July 1…
NMSA 1978, § 61-9-2 Repealed
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History: 1978 Comp., § 61-9-2, enacted by Laws 1989, ch. 41, § 2; repealed by Laws 2019, ch. 19, § 10.
NMSA 1978, § 61-9-3 Definitions. (Repealed effective July 1, 2028.)
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As used in the Professional Psychologist Act: A. "board" means the New Mexico state board of psychologist examiners; B. "conditional prescription certificate" means a document issued by the board to a licensed psychologist that permits the holder to prescribe psychotropic medicat…
NMSA 1978, § 61-9-4 Criminal offender's character evaluation. (Repealed effective
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July 1, 2028.) The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Professional Psychologist Act. History: 1953 Comp., § 67-30-3.1, enacted by Laws 1974, ch. 78, § 31.
NMSA 1978, § 61-9-4.1 License required. (Repealed effective July 1, 2028.)
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Unless licensed to practice psychology under the Professional Psychologist Act, no person shall engage in the practice of psychology or use the title or represent himself as a psychologist or psychologist associate or use any other title, abbreviation, letters, signs or devices t…
NMSA 1978, § 61-9-5 State board of examiners; psychology fund. (Repealed
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effective July 1, 2028.) A. There is created a "New Mexico state board of psychologist examiners". The board shall be administratively attached to the regulation and licensing department. The board shall consist of eight members appointed by the governor who are residents of New …
NMSA 1978, § 61-9-5.1 Actions of board; immunity; certain records not public
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records. (Repealed effective July 1, 2028.) A. A member of the board or person working on behalf of the board shall not be civilly liable or subject to civil damages for any good faith action undertaken or performed within the proper functions of the board. B. All written and ora…
NMSA 1978, § 61-9-6 Board; meeting; powers. (Repealed effective July 1, 2028.)
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A. The board shall, annually in the month of July, hold a meeting and elect from its membership a chair, vice chair and secretary-treasurer. The board shall meet at other times as it deems necessary or advisable or as deemed necessary and advisable by the chair or a majority of i…
NMSA 1978, § 61-9-7 Fees; license renewal. (Repealed effective July 1, 2028.)
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A. All fees from applicants seeking licensure under the Professional Psychologist Act and all license renewal fees received under the Professional Psychologist Act shall be credited to the psychology fund. No fees shall be refunded. B. Except as provided in Section 61-1-34 NMSA 1…
NMSA 1978, § 61-9-8 Records. (Repealed effective July 1, 2028.)
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A. The board shall keep a record of its proceedings and a register of all applications for licensure which shall show: (1) the name, age and residence of each applicant; (2) the date of the application; (3) the place of business of the applicant; (4) a summary of the educational …
NMSA 1978, § 61-9-9 Licensure of psychologists without examination. (Repealed
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effective July 1, 2028.) The board at its discretion may license without written examination any person who has been certified by the American board of examiners in professional psychology and who passes an oral examination as provided in Subparagraph (b) of Paragraph (6) of Subs…
NMSA 1978, § 61-9A-1 Short title. (Repealed effective July 1, 2028.)
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Chapter 61, Article 9A NMSA 1978 may be cited as the "Counseling and Therapy Practice Act". History: Laws 1993, ch. 49, § 1; 1999, ch. 161, § 1.
NMSA 1978, § 61-9A-10 Professional mental health counselor; requirements for
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licensure. (Repealed effective July 1, 2028.) Effective July 1, 2007, the board will no longer license professional mental health counselors. Prior to the effective date, the board shall issue a license as a professional mental health counselor to any person who files a completed…
NMSA 1978, § 61-9A-11 Professional clinical mental health counselor;
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requirements for licensure. (Repealed effective July 1, 2028.) The board shall issue a license as a professional clinical mental health counselor to a person who files a completed application and, except as provided in Section 61-1-34 NMSA 1978, pays any required fees and who sub…
NMSA 1978, § 61-9A-11.1 Professional clinical mental health counselor;
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requirements for licensure. (Repealed effective July 1, 2028.) The board shall issue a license as a professional clinical mental health counselor to any person who files a completed application accompanied by the required fees within the July 1, 2005 through July 1, 2007 period a…
NMSA 1978, § 61-9A-11.2 Repealed
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History: Laws 2003, ch. 422, § 11; repealed Laws 2005, ch. 210, § 21.
NMSA 1978, § 61-9A-12 Marriage and family therapist; requirements for licensure
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(Repealed effective July 1, 2028.) The board shall issue a license as a marriage and family therapist to a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant: A. has reached the age of twenty-one; B. …
NMSA 1978, § 61-9A-12.1 Licensed associate marriage and family therapist or
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counselor; requirements for licensure. (Repealed effective July 1, 2028.) The board shall issue a license as an associate marriage and family therapist or counselor to a person who files a completed application accompanied by the required fees and who submits satisfactory evidenc…
NMSA 1978, § 61-9A-13 Professional art therapist; requirements for licensure
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(Repealed effective July 1, 2028.) The board shall issue a license as a professional art therapist to a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant: A. has reached the age of twenty-one; B. dem…
NMSA 1978, § 61-9A-14 Requirements for licensed mental health counselor
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(Repealed effective July 1, 2028.) The board shall issue a license as a mental health associate to any person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant: A. has reached the age of twenty-one; B. hold…
NMSA 1978, § 61-9A-14.1 Substance abuse associate; requirements for licensure
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(Repealed effective July 1, 2028.) A. Effective July 1, 2005, the board shall license as a substance abuse associate any person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant as defined by rule: (1) obse…
NMSA 1978, § 61-9A-14.2 Alcohol and drug abuse counselor; requirements for
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licensure. (Repealed effective July 1, 2028.) Effective July 1, 2005, the board shall license as an alcohol and drug abuse counselor a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant, as defined by…
NMSA 1978, § 61-9A-14.3 Alcohol and drug abuse counselor; requirements for
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grandfathered licensure. (Repealed effective July 1, 2028.) A. Effective July 1, 2007 through July 1, 2010, the board shall license as an alcohol and drug abuse counselor a person who holds a current certified alcohol and drug abuse counselor certification issued between July 1, …
NMSA 1978, § 61-9A-14.4 Licensed substance abuse associates; medical
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assistance; reimbursement for services. The secretary of human services shall adopt and promulgate rules to allow a behavioral health agency employing a substance abuse associate licensed in accordance with the Counseling and Therapy Practice Act to be reimbursed for the followin…
NMSA 1978, § 61-9A-15 Examinations. (Repealed effective July 1, 2028.)
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A. Applicants who have met the requirements for licensure shall be scheduled for the next appropriate examinations following the approval of the application. The board shall establish the board-approved examinations application deadline and the requirements for reexamination if t…
NMSA 1978, § 61-9A-16 Temporary licensure. (Repealed effective July 1, 2028.)
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A. Prior to examination, an applicant for licensure may obtain a temporary license to engage in any counselor and therapist practice if the person meets all of the requirements, except examination, provided for in Section 61-9A-10, 61-9A-11, 61-9A- 11.1, 61-9A-12, 61-9A-12.1, 61-…
NMSA 1978, § 61-9A-2 Purpose. (Repealed effective July 1, 2028.)
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In the interest of public health, safety and welfare and to protect the public from unprofessional, improper, incompetent and unlawful counseling and therapy practice, it is necessary to provide laws and regulations to govern the practice of counseling and therapy. The primary re…
NMSA 1978, § 61-9A-22 Expedited licensure by credentials. (Repealed effective
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July 1, 2028.) A. The board shall issue an expedited license in the same licensure level to a person who: (1) files a completed application accompanied by the required fees; (2) submits evidence that the applicant holds a valid, unrestricted license in a counseling-related field …
NMSA 1978, § 61-9A-23 License and registration renewal. (Repealed effective July
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1, 2028.) A. Each licensee or registrant shall renew his license or registration biennially by submitting a renewal application on a form provided by the board and complying with all renewal requirements. The board may establish a method to provide for staggered biennial terms. T…
NMSA 1978, § 61-9A-24 License and registration fees. (Repealed effective July 1,
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2028.) Applicants for licensure or registration shall pay fees set by the board in an amount not to exceed: A. for application for initial licensure, seventy-five dollars ($75.00), which is not refundable; B. for licensure or renewal as a professional mental health counselor or r…
NMSA 1978, § 61-9A-25 Fund created. (Repealed effective July 1, 2028.)
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A. There is created in the state treasury the "counseling and therapy practice board fund". B. All money received by the board under the Counseling and Therapy Practice Act shall be deposited with the state treasurer for credit to the counseling and therapy practice board fund. T…
NMSA 1978, § 61-9A-26 License and registration; denial, suspension and
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revocation. (Repealed effective July 1, 2028.) A. In accordance with the procedures established by the Uniform Licensing Act [61- 1-1 to 61-1-31 NMSA 1978], the board may deny, suspend or revoke any license or registration held or applied for under the Counseling and Therapy Prac…
NMSA 1978, § 61-9A-27 Privileged communications. (Repealed effective July 1,
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2028.) A. No counselor and therapist practitioner, or person providing appropriate supervision for licensure or certification requirements or supervisee participating in obtaining supervision and practice experience requirements, shall be examined in nonjudicial proceedings witho…
NMSA 1978, § 61-9A-28 Criminal offender's character evaluation. (Repealed
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effective July 1, 2028.) The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Counseling and Therapy Practice Act. History: Laws 1993, ch. 49, § 28.
NMSA 1978, § 61-9A-29 Injunctive proceedings. (Repealed effective July 1, 2028.)
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The board may apply for an injunction in a district court to enjoin any person from committing any act prohibited by the Counseling and Therapy Practice Act. History: Laws 1993, ch. 49, § 29.
NMSA 1978, § 61-9A-3 Definitions. (Repealed effective July 1, 2028.)
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As used in the Counseling and Therapy Practice Act: A. "accredited institution" means a university or college accredited by an accrediting agency of institutions of higher education; B. "appraisal" means selecting, administering, scoring and interpreting instruments designed to a…
NMSA 1978, § 61-9A-30 Termination of agency life; delayed repeal. (Repealed
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effective July 1, 2028.) The counseling and therapy practice board is terminated on July 1, 2027 pursuant to the provisions of the Sunset Act. The board shall continue to operate according to the provisions of the Counseling and Therapy Practice Act until July 1, 2028. Effective …
NMSA 1978, § 61-9A-4 License or registration required. (Repealed effective July
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1, 2028.) A. Unless licensed or registered to practice under the Counseling and Therapy Practice Act, no person shall engage in: (1) the practice of professional mental health counseling; (2) the practice of professional clinical mental health counseling; (3) marriage and family …
NMSA 1978, § 61-9A-5 Scopes of practice. (Repealed effective July 1, 2028.)
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A. For the purpose of the Counseling and Therapy Practice Act, a person is practicing as a professional mental health counselor, professional clinical mental health counselor, marriage and family therapist, professional art therapist, registered independent mental health counselo…
NMSA 1978, § 61-9A-6 Exemptions. (Repealed effective July 1, 2028.)
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A. Nothing in the Counseling and Therapy Practice Act shall be construed to prevent: (1) a person who is licensed, certified or regulated under the laws of this state from engaging in activities consistent with the standards and ethics of the person's profession or practice; or (…
NMSA 1978, § 61-9A-7 Board created; members; appointment; terms;
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compensation. (Repealed effective July 1, 2028.) A. There is created the "counseling and therapy practice board". The board is administratively attached to the department. B. The board consists of seven members who are United States citizens, have been New Mexico residents for at…