2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-16 - Scope of act. (Repealed effective July 1, 2028.)

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 institution chartered by the state insofar as such activities, services and use of any official title are a part of the duties of his office or position with the agency or institution;
(2) the activities and services of a student, intern or resident in psychology pursuing a course of study in psychology at a school or college if these activities and services constitute a part of his supervised course of study and no fee is charged directly by the student, intern or resident; or
(3) the activities of an applicant working under supervision seeking licensure pursuant to the Professional Psychologist Act.
B. Nothing in the Professional Psychologist Act shall in any way restrict the use of the term "social psychologist" by any person who has received a doctoral degree in sociology or social psychology from an institution whose credits in sociology or social psychology are acceptable by a school or college and who has passed comprehensive examinations in the field of social psychology as a part of the requirements for the doctoral degree or has had equivalent specialized training in social psychology and who has notified the board of his intention to use the term "social psychologist" and filed a statement of the fact demonstrating his compliance with this subsection. A social psychologist shall not practice in any psychological specialty outside that of social psychology without complying with the provisions of the Professional Psychologist Act.
C. Lecturers in psychology from any school or college may utilize their academic or research titles when invited to present lectures to institutions or organizations.
D. Nothing in the Professional Psychologist Act prohibits qualified members of other professional groups who are licensed or regulated under the laws of this state from engaging in activities within the scope of practice of their respective licensing or regulation statutes, but they shall not hold themselves out to the public by any title or description of services that would lead the public to believe that they are psychologists, and they shall not state or imply that they are licensed to practice psychology.
E. Nothing in the Professional Psychologist Act shall be construed to prevent an alternative, metaphysical or holistic practitioner from engaging in nonclinical activities consistent with the standards and codes of ethics of that practice.
F. Specifically exempted from the Professional Psychologist Act are:
(1) alcohol or drug abuse counselors working under appropriate supervision for a nonprofit corporation, association or similar entity;
(2) peer counselors of domestic violence or independent-living peer counselors working under appropriate supervision in a nonprofit corporation, association or similar entity;
(3) duly ordained, commissioned or licensed ministers of a church; lay pastoral-care assistants; science of mind practitioners providing uncompensated counselor or therapist services on behalf of a church; and Christian science practitioners;
(4) students enrolled in a graduate-level counselor and therapist training program and rendering services under supervision;
(5) hypnotherapists certified by the American council of hypnotist examiners or the southwest hypnotherapists examining board, providing nonclinical services from July 1, 1994 to June 30, 1998;
(6) pastoral counselors with master's or doctoral degrees, who are certified by the American association of pastoral counselors; and
(7) practitioners of Native American healing arts.
History:
1953 Comp., § 67-30-15, enacted by Laws 1963, ch. 92, § 15; 1989, ch. 41, § 16; 1993, ch. 12, § 4; 1996, ch. 54, § 10.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
The 1996 amendment,
effective May 15, 1996, added Paragraph A(3), and, in Subsection E, deleted the Paragraph (1) designation and redesignated former Paragraph (2) as Subsection F and made related changes, and deleted "from July 1, 1994 to June 30, 1998" from the end of Paragraph F(6).
The 1993 amendment,
effective July 1, 1993, deleted "as defined in the Professional Psychologist Act" following "college" in Paragraph (2) of Subsection A, in the first sentence of Subsection B, and in Subsection C; in Subsection D, substituted "who are licensed or regulated under the laws of this state from engaging in activities within the scope of practice of their respective licensing or regulation statutes" for "from engaging in activities consistent with the standards and ethics of their respective professions"; and added Subsection E.
The 1989 amendment,
effective June 16, 1989, in Subsection A(1), substituted "the agency or institution" for "such agency or institution or a private agency or business in which the psychological services performed are the requirements of a salaried position, provided that such private agency or business does not charge a fee for such services"; deleted former Subsection B, relating to employment of psychologists by corporations, partnerships or business associations; redesignated former Subsection C as present Subsection B and made a minor stylistic change therein; redesignated former Subsection D as present Subsection C; and added present Subsection D.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 31, 63, 132.
Validity of legislation regulating licensing or prescribing for certification of psychologists, 81 A.L.R.2d 791.