reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-10.1 - License renewal; continuing education; penalty for failure to renew.

A. All licensees shall renew their licenses on or before January 1 of every second year. Upon application for renewal, each licensee shall furnish evidence that the licensee has completed continuing education requirements as set forth in Subsection B of this section.
B. As a condition of renewal, all applicants shall furnish the board with evidence of completion of postgraduate study as required by board rule. Postgraduate study may be obtained from a college of podiatric medicine accredited by the American podiatric medical association, one of its constituent societies or affiliate organizations or other courses approved by the board. This requirement may only be waived for reasons of prolonged illness or other incapacity or during a public health emergency.
C. The board may summarily suspend the license of a podiatric physician who fails to renew the podiatric physician's license or submit proof of completion of continuing education requirements within sixty days of January 1 as provided in Subsection A of this section. The board may reinstate licenses suspended upon payment of all applicable late fees, delinquent renewal fees and reinstatement fees.
History:
1978 Comp., § 61-8-10.1, enacted by Laws 1989, ch. 185, § 2; 1998, ch. 24, § 11; 2023, ch. 141, § 12.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised license renewal requirements, and removed the taxation registration number requirement; in Subsection A, after "January 1 of", deleted "each year" and added "every second year", and after "furnish evidence that", deleted "he holds a registration number with the taxation and revenue department and" and added "the licensee"; in Subsection B, substituted "podiatry" with "podiatric medical", and after "incapacity", added "or during a public health emergency"; and in Subsection C, after "license of", deleted "any podiatrist" and added "a podiatric physician", and after "renew", deleted "his" and added "the podiatric physician's".
The 1998 amendment,
effective July 1, 1998, substituted "shall" for "must" and "rule" for "regulation" in Subsection B.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-12 - Offenses; penalties.

Each of the following acts committed by any person constitutes a misdemeanor punishable upon conviction by a fine of not less than one hundred dollars ($100) or more than ten thousand dollars ($10,000) or by imprisonment not to exceed one year, or both:
A. practicing or attempting to practice podiatry without a current valid license issued by the board;
B. obtaining registration under the Podiatry Act by false or untrue statements to the board or by presenting a fraudulent diploma or license to the board;
C. swearing falsely or giving a false affidavit in any proceeding before the board;
D. advertising or using any designation, diploma or certificate tending to imply that one is a practitioner of podiatry, including the use of the words "chiropodist", "podiatrist", "podiatric physician", "M.Cp.", "D.S.C.", "D.P.M.", "foot specialist", "foot correctionist", "foot culturist", "foot practipedist", "foot doctor" or words of similar import, unless one holds a license or is exempted under the provisions of the Podiatry Act; or
E. practicing podiatry during any period of time in which one's license has been revoked or suspended as provided in the Podiatry Act.
History:
1953 Comp., § 67-6-12, enacted by Laws 1977, ch. 221, § 12; 1998, ch. 24, § 13; 2023, ch. 141, § 14.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, added "podiatric physician" to a list of terms that are prohibited in advertising unless the person holds a license under the Podiatry Act; and in Subsection D, after "'podiatrist'", added "'podiatric physician'".
The 1998 amendment,
effective July 1, 1998, substituted "or" for "nor" and "ten thousand dollars ($10,000)" for "two hundred dollars ($200)" in the introductory language, and substituted "doctor" for "treatments" in Subsection D.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 125 to 130.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 28, 33.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-13 - Unprofessional conduct.

Unprofessional conduct pursuant to Subsection H of Section 61-8-11 NMSA 1978 for a podiatric physician licensed under the Podiatry Act includes using false or misleading advertising or making a false or misleading statement in communications with patients or potential patients or using a misleading or deceptive title or designation in a name or title of a podiatric practice.
History:
1953 Comp., § 67-6-13, enacted by Laws 1977, ch. 221, § 13; 1998, ch. 24, § 14; 2023, ch. 141, § 15.
ANNOTATIONS
Cross references.
— For incorporation of podiatrists under the Professional Corporation Act,
see
53-6-1 NMSA 1978 et seq.
The 2023 amendment,
effective June 16, 2023, included podiatric physicians within the scope of the section, and removed exceptions from the provisions of the section; in the section heading, deleted "exceptions"; substituted "podiatrist" with "podiatric physician"; and deleted Subsection B.
The 1998 amendment,
effective July 1, 1998, rewrote Subsection A; in Paragraph B(2), substituted "the" for "such" and deleted "his" preceding "occupation"; and deleted "provided that such program or campaign is approved and endorsed by the state society and done in the name of the society" at the end of Paragraph B(5).
Listing of association.
— A listing in a telephone book of an association to practice podiatry was not advertising and did not violate former podiatry act. 1973 Op. Att'y Gen. No. 73-04.
Podiatrist may not advertise in telephone book as a "foot clinic".
1968 Op. Att'y Gen. No. 68-45.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 87, 89, 141 to 143.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 39, 53 to 57.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-14 - Limitation on licensure; temporary license.

A. No license to practice podiatry shall be issued to a corporation, partnership or association; provided, however, that this subsection shall not prohibit licensed podiatric physicians from associating themselves as otherwise allowed by law in a professional corporation, professional limited liability company, partnership or association for the purpose of practicing podiatry.
B. In cases of emergency, as defined by board rule, the board may grant a temporary license to practice podiatry to a person who meets the requirements of Subsections A and B of Section 61-8-8 NMSA 1978. The temporary license shall automatically expire on the date of the next board meeting at which applications for licensure by examination or reciprocity are approved. No person may be issued more than one temporary license pursuant to this provision.
C. To facilitate educational programs, subject to conditions and terms set forth in board rules, the board may grant a temporary license to practice podiatry to a person enrolled and participating in such program.
History:
1953 Comp., § 67-6-14, enacted by Laws 1977, ch. 221, § 14; 1998, ch. 24, § 15; 2023, ch. 141, § 16.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, in Subsection A, after "licensed", substituted "podiatrist" with "podiatric physician".
The 1998 amendment,
effective July 1, 1998, in Subsection A, inserted "as otherwise allowed by law" and "professional limited liability company"; in Subsection B, substituted "61-8-8 NMSA 1978" for "67-6-8 NMSA 1953", deleted "state" following "next", inserted "meeting at which licenses by" preceding "examination", and substituted "are approved" for "for licensure" and "emergency" for "temporary"; and added Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 53, 54, 150 to 152.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 26, 27.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-15 - Privileged communications.

Medical and other health care-related information concerning a patient obtained by a podiatric physician or by an employee of a podiatric physician during the course of examination, diagnosis or treatment and advice, diagnosis, orders, prescriptions and other health care-related communications from a podiatric physician or an employee of a podiatric physician are confidential communications protected in courts of law and administrative proceedings by the physician-patient privilege.
History:
1978 Comp., § 61-8-15, enacted by Laws 1998, ch. 24, § 16; 2023, ch. 141, § 17.
ANNOTATIONS
Repeals and reenactments.
— Laws 1998, ch. 24, § 16 repealed 61-8-15 NMSA 1978, as enacted by Laws 1977, ch. 221, § 15, and enacted a new section, effective July 1, 1998.
The 2023 amendment,
effective June 16, 2023, substituted each occurrence of "podiatrist" with "podiatric physician" throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 169, 170, 172.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-16 - Power to enjoin violations.

Upon final determination that a person has violated a provision of the Podiatry Act, the board or any interested person may, in addition to other remedies provided in that act, petition the district court for an order restraining and enjoining such person from further or continued violation of the Podiatry Act.
History:
1953 Comp., § 67-6-16, enacted by Laws 1977, ch. 221, § 16; 1998, ch. 24, § 17.
ANNOTATIONS
Cross references.
— For injunctions,
see
Rules 1-065 and 1-066 NMRA.
The 1998 amendment,
effective July 1, 1998, substituted "final determination that a" for "conviction of any", "has violated a" for "for violation of any", and "other remedies" for "the penalty herein"; inserted "in that act" near the middle of the section; and deleted "and the order may be enforced by contempt proceedings" at the end of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 122, 123; 42 Am. Jur. 2d Injunctions § 127.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-17 - Repealed.

History:
1978 Comp., § 61-8-17, enacted by Laws 1979, ch. 385, § 2; 1981, ch. 241, § 21; 1985, ch. 87, § 6; 1991, ch. 189, § 12; 1997, ch. 46, § 8; 2003, ch. 428, § 6; 2009, ch. 96, § 5; 2015, ch. 119, § 6; repealed by Laws 2023, ch. 15, § 8 and Laws 2023, ch. 141, § 19.
ANNOTATIONS
Repeals.
— Section 61-8-17 NMSA 1978, as enacted by Laws 1979, ch. 385, § 2, relating to termination of agency life, delayed repeal, was repealed by Laws 2023, ch. 15, § 8 and Laws 2023, ch. 141, § 19, effective June 16, 2023. The section was set out as repealed by Laws 2023, ch. 141, § 19.
See
12-1-8 NMSA 1978. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-1 - Short title. (Repealed effective July 1, 2028.)

Chapter 61, Article 9 NMSA 1978 may be cited as the "Professional Psychologist Act".
History:
1953 Comp., § 67-30-1, enacted by Laws 1963, ch. 92, § 1; 2002, ch. 100, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
The 2002 amendment,
effective July 1, 2002, substituted "Chapter 61, Article 9 NMSA 1978" for "This Act".
Qualification under statute is sufficient to qualify psychologist as expert witness.
— Where plaintiff brought action against defendant for psychological injury and mental anguish as a result of defendant's negligent care following plaintiff's breast reconstructive surgery; the trial court permitted a clinical psychologist to testify as an expert witness for plaintiff; and the psychologist was certified as a clinical psychologist under the New Mexico Professional Psychologist Act, the psychologist was qualified to testify as an expert witness in cases involving the negligent infliction of mental distress.
Whalley v. Sakura
, 804 F.2d 580 (10th Cir. 1986).
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-2 - Repealed.

History:
1978 Comp., § 61-9-2, enacted by Laws 1989, ch. 41, § 2; repealed by Laws 2019, ch. 19, § 10.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 19, § 10 repealed 61-9-2 NMSA 1978, as enacted by Laws 1989, ch. 41, § 2, relating to legislative findings and purpose, effective February 4, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-4 - Criminal offender's character evaluation. (Repealed 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 Professional Psychologist Act.
History:
1953 Comp., § 67-30-3.1, enacted by Laws 1974, ch. 78, § 31.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-4.1 - License required. (Repealed effective July 1, 2028.)

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 that indicate the person is a psychologist or psychologist associate.
History:
1978 Comp., § 61-9-4.1, enacted by Laws 1989, ch. 41, § 4; 1993, ch. 12, § 2; 1996, ch. 54, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
Cross references.
— For the Parental Responsibility Act,
see
40-5A-1 NMSA 1978 et seq.
The 1996 amendment,
effective May 15, 1996, deleted the Subsection A designation and deleted Subsection B, which related to persons certified on July 1, 1989.
The 1993 amendment,
effective July 1, 1993, inserted "engage in the practice of psychology or" in Subsection A.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 26 to 28, 132.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 6, 7, 12.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-5.1 - Actions of board; immunity; certain records not public 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 oral communications made by a person to the board relating to actual or potential disciplinary action shall be confidential communications and are not public records for the purposes of the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978]. All data, communications and information acquired by the board relating to actual or potential disciplinary action shall not be disclosed except:
(1) to the extent necessary to carry out the board's functions;
(2) as needed for judicial review of the board's actions; or
(3) pursuant to a court order issued by a court of competent jurisdiction.
C. Notwithstanding the provisions of Subsection B of this section, at the conclusion of an actual disciplinary action by the board, all data, communications and information acquired by the board relating to an actual disciplinary action taken against a person subject to the provisions of the Professional Psychologist Act shall be public records pursuant to the provisions of the Inspection of Public Records Act.
History:
Laws 1996, ch. 54, § 12; 2003, ch. 428, § 7.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, in Subsections B and C, inserted "Inspection of" preceding "Public Records Act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-7 - Fees; license renewal. (Repealed effective July 1, 2028.)

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 1978, the board shall set the charge for an application fee of up to six hundred dollars ($600) to applicants for licensure under Sections 61-9-9 through 61-9-11.1 NMSA 1978.
C. The board may establish a method to provide for staggered biennial terms. The board may authorize license renewal for one year to establish the renewal cycle.
D. A licensee shall renew a license biennially on or before July 1 by remitting to the board the renewal fee set by the board not exceeding six hundred dollars ($600) and providing proof of continuing education as required by regulation of the board. Any license issued by the board may be suspended if the holder fails to renew the license by July 1 of any year. A license suspended for failure to renew may be renewed within a period of one year after the suspension upon payment of the renewal fee plus a late fee of one hundred dollars ($100), together with proof of continuing education satisfactory to the board. The license shall be revoked if the license has not been renewed within one year of the suspension for failure to renew. Prior to issuing a new license, the board may in its discretion require full or partial examination of a former licensee whose license was revoked because of failure to renew.
History:
1953 Comp., § 67-30-6, enacted by Laws 1963, ch. 92, § 6; 1969, ch. 34, § 2; 1978, ch. 188, § 1; 1981, ch. 239, § 2; 1983, ch. 334, § 2; 1987, ch. 65, § 1; 1989, ch. 41, § 7; 2006, ch. 6, § 1; 2020, ch. 6, § 22.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in Subsection B, added "Except as provided in Section 61-1-34 NMSA 1978".
The 2006 amendment,
effective May 17, 2006, changed the maximum application fee from $300 to $600 in Subsection B; added Subsection C to authorize the board to establish staggered biennial license terms; designated former Subsection C as Subsection D; provided for a biennial license renewal in Subsection D; and increased the maximum renewal fee from $300 to $600 in Subsection D.
The 1989 amendment,
effective June 16, 1989, added "license renewal" at the end of the section heading; substituted "license" for "certificate" in the first sentence of Subsection A; substituted "licensure" for "certification" in Subsections A and B; and rewrote Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73 C.J.S. Public Administrative Law and Procedure § 8.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-8 - Records. (Repealed effective July 1, 2028.)

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 and other qualifications of the applicant;
(5) whether an examination was required;
(6) whether a license was granted;
(7) the date of the action of the board; and
(8) such other information as may be deemed necessary or advisable by the board in aid of the requirements of this subsection.
B. Except as provided otherwise in the Professional Psychologist Act, the records of the board are public records and are available to the public in accordance with the Public Records Act [Chapter 14, Article 3 NMSA 1978].
History:
1953 Comp., § 67-30-7, enacted by Laws 1963, ch. 92, § 7; 1989, ch. 41, § 8; 1996, ch. 54, § 5.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
Cross references.
— For proof of official records,
see
Rule 1-044 NMRA.
For self-authentication of certified copies of public records,
see
Rule 11-902D NMRA.
The 1996 amendment,
effective May 15, 1996, rewrote Subsection B.
The 1989 amendment,
effective June 16, 1989, substituted "licensure" for "certifications" in the introductory paragraph of Subsection A; substituted "a license" for "certification" in Subsection A(6); and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
73 C.J.S. Public Administrative Law and Procedure § 22.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-9 - Licensure of psychologists without examination. (Repealed 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 Subsection A of Section 61-9-11 NMSA 1978.
History:
1978 Comp., § 61-9-9, enacted by Laws 1989, ch. 41, § 9.
ANNOTATIONS
Repeals and reenactments.
— Laws 1989, ch. 41, § 9, repealed former 61-9-9 NMSA 1978, as amended by Laws 1973, ch. 54, § 1, relating to certification of psychologists without examination, and enacted a new section, effective June 16, 1989.
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
Compiler's Notes.
— Subparagraph (b) of Paragraph (6) of Subsection A of Section 61-9-11 NMSA 1978 was deleted by Laws 2006, Ch. 6, § 3.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 59, 63; 63C Am. Jur. 2d Public Officers and Employees §§ 234, 235.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 20, 23; 73 C.J.S. Public Administrative Law and Procedure § 60.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-11.2 - Criminal background checks. (Repealed effective July 1, 2028.)

A. The board may adopt rules that provide for criminal background checks for all licensees to include:
(1) requiring criminal history background checks of applicants for licensure pursuant to the Professional Psychologist Act;
(2) requiring applicants for licensure to be fingerprinted only upon initial licensure;
(3) providing for an applicant who has been denied licensure to inspect or challenge the validity of the background check record;
(4) establishing a fingerprint and background check fee not to exceed seventy-five dollars ($75.00) to be paid by the applicant; and
(5) providing for submission of an applicant's fingerprint cards to the federal bureau of investigation to conduct a national criminal history background check and to the department of public safety to conduct a state criminal history check.
B. Arrest record information received from the department of public safety and the federal bureau of investigation shall be privileged and shall not be disclosed to persons not directly involved in the decision affecting the applicant.
C. Electronic live fingerprint scans may be used when conducting criminal history background checks.
History:
Laws 2009, ch. 51, § 4; 2019, ch. 209, § 5.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
The 2019 amendment,
effective July 1, 2020, provided that applicants for licensure shall be fingerprinted only upon initial licensure; in Subsection A, Paragraph A(2), after "fingerprinted", added "only upon initial licensure".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-12 - License. (Repealed effective July 1, 2028.)

The board shall issue a license signed by the chairman and vice chairman or their designee whenever an applicant for licensure successfully qualifies as provided for in the Professional Psychologist Act.
History:
1953 Comp., § 67-30-11, enacted by Laws 1963, ch. 92, § 11; 1989, ch. 41, § 13; 1996, ch. 54, § 8.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
The 1996 amendment,
effective May 15, 1996, substituted "or their designee" for "of the board".
The 1989 amendment,
effective June 16, 1989, substituted "License" for "Certificate" in the section heading, substituted "license" for "certificate" and "licensure" for "certification", and deleted "therefor" following "qualifies".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-14 - Violation and penalties. (Repealed effective July 1, 2028.)

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 psychologist or psychologist associate is suspended, revoked or lapsed; or
(3) for any person otherwise to violate the provisions of the Professional Psychologist Act.
B. Such misdemeanor shall be punishable upon conviction by imprisonment for not more than three months or by a fine of not more than one thousand dollars ($1,000) or by both such fine and imprisonment. Each violation shall be deemed a separate offense.
C. Such misdemeanor shall be prosecuted by the attorney general of the state or any district attorney he designates.
History:
1953 Comp., § 67-30-13, enacted by Laws 1963, ch. 92, § 13; 1983, ch. 334, § 6; 1989, ch. 41, § 15; 1993, ch. 12, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
The 1993 amendment,
effective July 1, 1993, inserted "practice psychology or to" in Paragraph (1) of Subsection A.
The 1989 amendment,
effective June 16, 1989, deleted "after eighteen months from the effective date of the Professional Psychologist Act" at the end of the introductory paragraph of Subsection A; substituted "licensed" for "certified" in Subsection A(1); in Subsection A(2) substituted "practice psychology during the time that his license" for "represent himself as a psychologist or psychologist associate during the time that his certification"; and in Subsection B substituted "one thousand dollars ($1,000)" for "two hundred dollars ($200)" in the first sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 125 to 130.
Validity of legislation regulating, licensing or prescribing for certification of psychologists, 81 A.L.R.2d 791.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 28, 33.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-15 - Injunctive proceedings. (Repealed effective July 1, 2028.)

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 Professional Psychologist Act.
B. If it be established that the defendant has been or is committing an act declared to be a misdemeanor by the Professional Psychologist Act, the court, or any judge thereof, shall enter a decree perpetually enjoining said defendant from further committing such act.
C. In case of violation of any injunction issued under the provisions of this section, the court, or any judge thereof, may summarily try and punish the offender for contempt of court.
D. Such injunctive proceedings shall be in addition to, and not in lieu of, all penalties and other remedies in the Professional Psychologist Act provided.
History:
1953 Comp., § 67-30-14, enacted by Laws 1963, ch. 92, § 14.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
Cross references.
— For injunctions,
see
Rules 1-065 and 1-066 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 122, 123.
Privilege, in judicial or quasi-judicial proceedings, arising from relationship between psychiatrist or psychologist and patient, 44 A.L.R.3d 24.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-17 - Drugs; medicines. (Repealed effective July 1, 2028.)

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 a conditional prescription certificate may prescribe psychotropic medication under the supervision of a supervising clinician pursuant to the Professional Psychologist Act.
C. A prescribing psychologist may prescribe psychotropic medication pursuant to the Professional Psychologist Act.
History:
1953 Comp., § 67-30-16, enacted by Laws 1963, ch. 92, § 16; 1983, ch. 334, § 7; 1989, ch. 41, § 17; 2002, ch. 100, § 5; 2019, ch. 19, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
Cross references.
— For definition of "practice of medicine,"
see
61-6-6 NMSA 1978.
The 2019 amendment,
effective February 4, 2019, provided that a licensed psychologist holding a conditional prescription certificate may prescribe psychotropic medication under the supervision of a supervising clinician; in Subsection B, after "supervision of a", deleted "licensed physician" and added "supervising clinician".
The 2002 amendment,
effective July 1, 2002, inserted the exception clause in Subsection A; and added Subsections B and C.
The 1989 amendment,
effective June 16, 1989, substituted "licensed" for "certified".
Law reviews.
— For case note, "Workers' Compensation Law: A Clinical Psychologist Is Qualified to Give Expert Medical Testimony Regarding Causation: Madrid v. University of California, d/b/a Los Alamos National Laboratory," see 18 N.M.L. Rev. 637 (1988).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 36, 50.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 15, 26, 27.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-17.3 - Prescription monitoring program; board to promulgate 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 2019, ch. 19, § 8.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
Emergency clauses.
— Laws 2019, ch. 19, § 11 contained an emergency clause and was approved February 4, 2019.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-18 - Privileged communications. (Repealed effective July 1, 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 associate's secretary, stenographer, clerk or any person supervised by the psychologist or psychologist associate be examined without the consent of his employer concerning any fact the knowledge of which he has acquired in such capacity.
History:
1953 Comp., § 67-30-17, enacted by Laws 1963, ch. 92, § 17; 1983, ch. 334, § 8; 1989, ch. 41, § 18.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
The 1989 amendment,
effective June 16, 1989, twice substituted "licensed psychologist" for "certified psychologist", and substituted "clerk or any person supervised by the psychologist or psychologist associate" for "or clerk".
Law reviews.
— For case note, "Workers' Compensation Law: A Clinical Psychologist Is Qualified to Give Expert Medical Testimony Regarding Causation: Madrid v. University of California, d/b/a Los Alamos National Laboratory," see 18 N.M.L. Rev. 637 (1988).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 169, 170.
Privilege, judicial or quasi-judicial proceedings, arising from relationship between psychiatrist and patient, 44 A.L.R.3d 24.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-19 - Termination of agency life; delayed repeal. (Repealed 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, 2028. Effective July 1, 2028, the Professional Psychologist Act is repealed.
History:
1953 Comp., § 67-30-18, enacted by Laws 1978, ch. 188, § 2; 1981, ch. 241, § 22; 1985, ch. 87, § 7; 1989, ch. 41, § 19; 1996, ch. 51, § 8; 1996, ch. 54, § 11; 1997, ch. 46, § 9; 2003, ch. 428, § 9; 2009, ch. 96, § 6; 2015, ch. 119, § 7; 2021, ch. 50, § 4.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, extended the sunset date for the New Mexico state board of psychologist examiners, and changed "July 1, 2021" to "July 1, 2027" and "July 1, 2022" to "July 1, 2028".
The 2015 amendment,
effective June 19, 2015, extended the termination date for the New Mexico state board of psychologist examiners to July 1, 2021, and the repeal date to July 1, 2022.
The 2009 amendment,
effective July 1, 2009, extended the termination date to July 1, 2015 and the repeal date to July 1, 2016.
The 2003 amendment,
effective July 1, 2003, substituted "the Professional Psychologist Act" for "Chapter 61, Article 9 NMSA 1978" throughout the section, and in the first sentence substituted "2009" for "2003" and in the second and third sentences substituted "2010" for "2004".
The 1997 amendment,
effective June 20, 1997, substituted "2003" for "1997", substituted "2004" for "1998", and substituted "July 1, 2004, Chapter 61, Article 9 NMSA 1978" for "July 1, 1998 Article 9 of Chapter 61, NMSA 1978".
The 1996 amendment,
effective May 15, 1996, substituted "1997" for "1995" in the first sentence and "1998" for "1996" in the second and third sentences. This section was also amended by Laws 1996, ch. 51, § 8. The section was set out as amended by Laws 1996, ch. 54, § 3.
See
12-1-8 NMSA 1978.
The 1989 amendment,
effective June 16, 1989, substituted "1995" for "1991" in the first sentence, and substituted "1996" for "1992" in the second and third sentences.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9A - Counseling and Therapy › Section 61-9A-1 - Short title. (Repealed effective July 1, 2028.)

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.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9A-30 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, substituted "Chapter 61, Article 9A NMSA 1978" for "Sections 1 through 30 of this act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9A - Counseling and Therapy › Section 61-9A-2 - Purpose. (Repealed effective July 1, 2028.)

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 responsibility and obligation of the counseling and therapy practice board is to protect the public.
History:
Laws 1993, ch. 49, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9A - Counseling and Therapy › Section 61-9A-4 - License or registration required. (Repealed effective July 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 therapy;
(4) professional art therapy;
(5) counseling as a licensed mental health counselor;
(6) counseling as a licensed associate marriage and family therapist; or
(7) counseling as a registered independent mental health counselor.
B. Unless licensed to practice under the Counseling and Therapy Practice Act, no person shall engage in:
(1) the practice of alcohol and drug abuse counseling;
(2) the practice of alcohol abuse counseling;
(3) the practice of drug abuse counseling; or
(4) substance abuse counseling as a substance abuse associate.
History:
Laws 1993, ch. 49, § 4; 1996, ch. 61, § 2; 1999, ch. 161, § 3; 2003, ch. 422, § 2; 2005, ch. 210, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9A-30 NMSA 1978.
Cross references.
— For the Parental Responsibility Act,
see
40-5A-1 NMSA 1978 et seq.
The 2005 amendment,
effective June 17, 2005, deleted "registered independent mental health counselor" in Subsection A(6); changed "registered mental health counselor" to "registered independent mental health counselor" in Subsection A(7); and changed "trainee" to "associate" in Subsection B(4).
The 2003 amendment,
effective June 20, 2003, deleted "the practice of" at the end of Subsections A and B; added "the practice of" at the beginning of Paragraphs A(1), (2), B(1) to (3); added Paragraph A(7); and substituted "trainee" for "intern" at the end of Paragraph B(4).
The 1999 amendment,
effective July 1, 1999, deleted "After July 1, 1994" at the beginning of Subsection A, substituted "licensed" for "registered" in Subsection A(5), added Subsection A(6), deleted "After January 1, 1998" at the beginning of Subsection B and deleted "or registered" preceding "to practice".
The 1996 amendment,
effective July 1, 1996, substituted "registration" for "certificate" in the section heading, designated the former introductory paragraph as Subsection A, substituted "registered" for "certified" near the beginning of Subsection A, redesignated former Subsections A through E as Paragraphs A(1) through A(5), and added Subsection B.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9A - Counseling and Therapy › Section 61-9A-7.1 - Actions of board; immunity; certain records not public records. (Repealed effective July 1, 2028.)

A. No member of the board or person working on behalf of the board shall 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 oral communication made by a person to the board relating to actual or potential disciplinary action shall be confidential communication and are not public records for the purposes of the Public Records Act [Chapter 14, Article 3 NMSA 1978]. All data, communication and information acquired by the board relating to actual or potential disciplinary action shall not be disclosed except:
(1) to the extent necessary to carry out the board's functions;
(2) as needed for judicial review of the board's actions; or
(3) pursuant to a court order issued by a court of competent jurisdiction.
C. Notwithstanding the provisions of Subsection B of this section, at the conclusion of an actual disciplinary action by the board, all data, communication and information acquired by the board relating to an actual disciplinary action taken against a person subject to the provisions of the Counseling and Therapy Practice Act shall be public records, pursuant to the provisions of the Public Records Act.
History:
Laws 2005, ch. 210, § 6.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9A-30 NMSA 1978.
Effective dates.
— Laws 2005, ch. 210 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9A - Counseling and Therapy › Section 61-9A-8 - Department duties. (Repealed effective July 1, 2028.)

The department, with the consultation of the board, shall:
A. process applications;
B. conduct and review the required examinations;
C. issue licenses and certificates of registration to applicants who meet the requirements of the Counseling and Therapy Practice Act;
D. administer, coordinate and enforce the provisions of the Counseling and Therapy Practice Act and investigate persons engaging in practices that may violate the provisions of that act;
E. approve the selection of primary staff assigned to the board;
F. maintain records, including financial records; and
G. maintain a current register of licensees and registrants as a matter of public record.
History:
Laws 1993, ch. 49, § 8; 1996, ch. 61, § 6; 2003, ch. 422, § 6; 2005, ch. 210, § 5.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9A-30 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, changed former Subsection A into Subsections A and B.
The 2003 amendment,
effective June 20, 2003, rewrote Subsection D.
The 1996 amendment,
effective July 1, 1996, substituted "that" for "which" preceding "may violate" in Subsection C.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9A - Counseling and Therapy › Section 61-9A-10 - Professional mental health counselor; requirements for 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 application accompanied by the required fees and who submits satisfactory evidence that the applicant:
A. has reached the age of twenty-one;
B. holds a master's or doctoral degree in counseling or a counseling-related field from an accredited institution and has a total of no less than forty-eight graduate semester hours or seventy-two quarter hours in the mental health clinical core curriculum;
C. demonstrates professional competency by passing the required examinations prescribed by the board;
D. has completed one thousand client contact hours of postgraduate professional counseling experience under appropriate clinical supervision consisting of at least one hundred supervision hours; and
E. is of good moral character with conduct consistent with the code of ethics.
History:
Laws 1993, ch. 49, § 10; 1999, ch. 161, § 8; 2003, ch. 422, § 8; 2005, ch. 210, § 7.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9A-30 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, in Subsection B, provided that the applicant must have a total of not less that forty-eight graduate semester hours or seventy-two quarter hours in the mental health clinical core curriculum; and in Subsection D, changed "supervision" to "clinical supervision".
The 2003 amendment,
effective June 20, 2003, in Subsection B, substituted "a counseling-related field, as defined by rule" for "an allied mental health field"; in Subsection C, substituted "the required examinations" for "an examination as".
The 1999 amendment,
effective July 1, 1999, deleted "The board may approve, on a case-by-case basis, applicants who have a master's degree or doctoral degree from non-accredited institutions" at the end of Subsection B, deleted "satisfactorily" preceding "passing" in Subsection C, and added Subsection E.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9A - Counseling and Therapy › Section 61-9A-11 - Professional clinical mental health counselor; 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 submits satisfactory evidence that the applicant:
A. has reached the age of twenty-one;
B. holds a master's or doctoral degree in a counseling or counseling-related field, as defined by rule, from an accredited institution. The applicant shall have a master's degree and a total of no less than forty-eight graduate semester hours or seventy-two quarter hours in the mental health clinical core curriculum;
C. demonstrates professional competency by passing the required examination as prescribed by the board;
D. has a minimum of two years of professional clinical counseling experience, including at least three thousand clinical contact hours and at least one hundred hours of appropriate supervision. One thousand client clinical contact hours may be submitted from the applicant's internship or practicum; and
E. observes the code of ethics.
History:
Laws 1993, ch. 49, § 11; 1999, ch. 161, § 9; 2003, ch. 422, § 9; 2005, ch. 210, § 8; 2020, ch. 6, § 26; 2021, ch. 93, § 8.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9A-30 NMSA 1978.
The 2021 amendment,
effective June 18, 2021, revised the qualifications for an applicant for licensure as a professional clinical mental health counselor; in Subsection D, after "one hundred hours of", deleted "face-to-face" and added "appropriate"; and in Subsection E, deleted "is of good moral character with conduct consistent with" and added "observes".
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans, and made certain technical amendments; in the introductory clause, after "completed application", deleted "accompanied by the" and added "and, except as provided in Section 61-1-34 NMSA 1978, pays any"; and in Subsection B, after "The applicant", deleted "must" and added "shall".
The 2005 amendment,
effective June 17, 2005, provided that the applicant's degree may include a degree in counseling and deleted the requirement that the applicant's degree be from a regionally accredited institution.
The 2003 amendment,
effective June 20, 2003, rewrote Subsection B and inserted "the required" in Subsection C.
The 1999 amendment,
effective July 1, 1999, substituted "no less that forty-eight graduate hours in the mental health clinical core curriculum" for "sixty graduate hours or more" and deleted "The board may approve applicants who have a master's degree or doctoral degree from nonaccredited or foreign institutions on a case-by-case basis" in Subsection B, and deleted "postgraduate" preceding "professional clinical" in Subsection D, and added Subsection E.