2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-17 - Instructional support provider licenses.

A. The following instructional support providers shall obtain appropriate licensure from the department: educational assistants, school counselors, school social workers, school nurses, speech-language pathologists, psychologists, physical therapists, physical therapy assistants, occupational therapists, occupational therapy assistants, recreational therapists, marriage and family therapists, interpreters for the deaf, diagnosticians, attendance coaches, practical nurses, school health assistants, school business officials, rehabilitation counselors, athletic coaches, educational alcohol and drug abuse counselors and substance abuse associates. The department may provide a professional licensing framework in which licensees can advance in their careers through the demonstration of increased competencies and the undertaking of increased duties.
B. The department shall provide by rule for the licensure requirements for any instructional support providers. If an instructional support provider practices a licensed profession, the provider shall provide evidence satisfactory to the department that the provider holds a current, unsuspended license in the profession for which the provider is applying to provide instructional support services.
C. An instructional support provider licensed by the department shall also hold a valid professional license or certificate issued by the instructional support provider's respective licensing or certifying authority, if applicable, and shall continuously hold such underlying professional licensure or certification for as long as the instructional support provider holds licensure issued by the department.
D. If the underlying professional license or certificate for any reason expires, is suspended, is revoked or is denied, a person seeking or holding an instructional support provider license shall notify the department in writing within fourteen calendar days of such suspension, revocation, denial or expiration.
E. Suspension, revocation, denial or expiration of an underlying professional license or certificate, or failure to notify the department of such, shall constitute just cause for discharge or termination from employment and for suspension, revocation or denial of an instructional support provider license.
History:
1978 Comp., § 22-10A-17, enacted by Laws 2003, ch. 153, § 48; 2004, ch. 27, § 24.; 2009, ch. 217, § 2; 2023, ch. 177, § 4.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, expanded the list of instructional support providers that are required to obtain appropriate licensure from the department of education, and provided additional licensure duties for instructional support providers; in Subsection A, deleted "The department shall license instructional support providers including" and added "The following instructional support providers shall obtain appropriate licensure from the department", and after "diagnosticians", deleted "and other service providers" and added "attendance coaches, practical nurses, school health assistants, school business officials, rehabilitation counselors, athletic coaches, educational alcohol and drug abuse counselors and substance abuse associates"; in Subsection B, after "shall provide by rule for the", deleted "requirements for licensure of types of" and added "licensure requirements for any", and deleted "The instructional support provider shall notify the school district and department immediately if the provider's professional license is suspended, revoked or denied. Suspension, revocation or denial of a professional license shall be just cause for discharge or termination and suspension, revocation or denial of the instructional support provider license."; and added Subsections C through E.
The 2009 amendment,
effective June 19, 2009, in Subsection A, in the first sentence, after "recreational therapist", added "marriage and family therapist".
The 2004 amendment,
effective May 19, 2004, changed "state department" to "department".