2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-6 - Board; meeting; powers. (Repealed effective July 1, 2028.)

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 its members or the governor. Reasonable notice of all meetings shall be given in the manner prescribed by the board. A majority of the board constitutes a quorum at a meeting or hearing.
B. The board may:
(1) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to carry into effect the provisions of the Professional Psychologist Act. The rules shall include a code of conduct for psychologists and psychologist associates in the state;
(2) adopt a seal, and the administrator shall have the care and custody of the seal;
(3) examine for, approve, deny, revoke, suspend and renew the licensure of psychologist and psychologist associate applicants as provided in the Professional Psychologist Act in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978];
(4) conduct hearings in accordance with the Uniform Licensing Act upon complaints concerning the disciplining of a psychologist or psychologist associate; and
(5) cause the prosecution and enjoinder of persons violating the Professional Psychologist Act and incur related necessary expenses.
C. Within sixty days after the close of each fiscal year, the board shall submit a written report, reviewed and signed by the board members, to the governor concerning the work of the board during the preceding fiscal year. The report shall include the names of psychologists and psychologist associates to whom licenses have been granted; cases heard and decisions rendered in relation to the work of the board; the recommendations of the board as to future policies, including the appropriate application of technology for supervision; and an account of all money received and expended by the board.
History:
1953 Comp., § 67-30-5, enacted by Laws 1963, ch. 92, § 5; 1983, ch. 334, § 1; 1989, ch. 41, § 6; 1996, ch. 51, § 7; 1996, ch. 54, § 4; 2003, ch. 408, § 10; 2021, ch. 93, § 1; 2022, ch. 39, § 40.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, clarified that the New Mexico state board of psychologist examiners is required to follow the provisions of the State Rules Act when promulgating rules and is required to follow the provisions of the Uniform Licensing Act for licensing and disciplinary matters; in Subsection B, after "The board", deleted "is authorized to" and added "may", in Paragraph B(1), deleted "adopt and from time to time revise such", and added "promulgate", and after "rules", deleted " not inconsistent with the law as may be necessary" and added "in accordance with the State Rules Act", in Paragraph B(3), after "the Professional Psychologist Act", added "in accordance with the Uniform Licensing Act", and in Paragraph B(4), after "conduct hearings", added "in accordance with the Uniform Licensing Act".
The 2021 amendment,
effective June 18, 2021, required the New Mexico state board of psychologist examiners to include in its annual report to the governor the appropriate application of technology for supervision; and in Subsection C, after "future policies", added "including the appropriate application of technology for supervision".
The 2003 amendment,
effective July 1, 2003, deleted "but not be limited to" following "regulations shall include" near the end of Paragraph B(1); deleted Paragraph B(2), concerning employment of administrator and personnel, and redesignated the subsequent paragraphs accordingly; and in Subsection C, deleted "or printed" following "submit a written" near the beginning and deleted "the names, remuneration and duties of any employees of the board" near the end.
The 1996 amendment,
effective May 15, 1996, added "and secretary-treasurer" at the end of the first sentence in Subsection A; substituted "an administrator" for "a secretary" in Paragraph B(2); and substituted "administrator" for "secretary" in Paragraph B(3). This section was also amended by Laws 1996, ch. 51, § 7. 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, in Subsection A, substituted "annually" for "within sixty days after the effective date of the Professional Psychologist Act and annually thereafter" in the first sentence; in Subsection B(1), inserted "and psychologist associates" in the second sentence; in Subsection B(4), substituted "licensure" for "certification"; and in Subsection C, substituted "licenses" for "certificates" in the second sentence.
Authority and power of board.
— New Mexico state board of psychologist examiners was empowered by the legislature to set standards of conduct for psychologists and to revoke professional licenses when appropriate in response to the violation of those standards.
N.M. State Bd. of Psychologist Exam'rs v. Land
, 2003-NMCA-034, 133 N.M. 362, 62 P.3d 1244, cert. denied, 133 N.M. 413, 63 P.3d 516.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63C Am. Jur. 2d Public Officers and Employees §§ 69, 230 to 264, 378, 387, 414.
73 C.J.S. Public Administrative Law and Procedure §§ 49 to 171.