reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 16 - CONTINUING EDUCATION › Section 16.27.16.9 - ACCEPTABLE CONTINUING EDUCATION COURSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. approved by local, state, national, or
				international mental health related professional associations such as the
				national board for certified counselors, the American marriage and family
				therapy regulatory board, American art therapy association, art therapy
				credentials board, international certification reciprocity consortium, or the
				national association of alcohol and drug abuse council;
B. approved by other state regulatory boards
				of related mental health or substance abuse fields, including psychiatry,
				psychology and social work;
C.
				sponsored by international, national, regional or state mental health
				professional associations including psychiatry, psychology and social work, or
				state and federal divisions of substance abuse;
D. approved by the New Mexico counseling and
				therapy practice board;
E. college
				coursework will be accepted for continuing education as follows:
(1) Semester hour for the purpose of
				calculating continuing education units means that one semester credit hour of
				graduate coursework is equal to 15 continuing education units and one quarter
				hour of coursework is equal to 11.25 continuing education units;
(2) License types requiring a master's degree
				or higher may utilize only graduate or postgraduate-level coursework beyond
				their initial master's degree that is related to counseling and therapy.
				Undergraduate coursework is not acceptable toward continuing education
				requirements;
(3) License types
				requiring an associate's degree or higher can utilize undergraduate coursework
				taken as part of a bachelor's degree program that is related to counseling and
				therapy or substance use disorders. If the licensee possesses a bachelor's
				degree, the licensee can only utilize graduate and postgraduate-level
				coursework toward continuing education requirements for license
				renewal.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 16 - CONTINUING EDUCATION › Section 16.27.16.10 - DOCUMENTATION OF PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
The licensee shall be responsible for submitting proof of
				  attendance of all continuing education hours at the time of license renewal.
				  All continuing education hours must be documented at the time the license is
				  renewed. The board reserves the right to require additional documentation of
				  participation. The board will notify the licensee of approval or disapproval of
				  continuing education hours within 30 days after receiving documentation. The
				  board shall notify licensees within 60 days after submission of the application
				  for renewal if any continuing education units are not approved by the board.
				  The licensee shall have 30 days from the board's notice of disapproval to
				  obtain additional continuing education units in compliance with board
				  standards.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 16 - CONTINUING EDUCATION › Section 16.27.16.11 - FAILURE TO MEET CONTINUING EDUCATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The board will refuse to renew the licensee's license in
				  accordance with the Uniform Licensing Act, Sections
				  61-1-1 through
				  61-1-31 NMSA 1978. If continuing
				  education units requirements are not completed within the licensing period and
				  by the expiration date, the licensee or registrant will be considered expired
				  and will refrain from practicing. Individuals unable to meet continuing
				  education requirements due to circumstances beyond their control must submit a
				  written request for a waiver 60 days prior to their renewal date. Extenuating
				  circumstances include illness, death in immediate family, military service, or
				  other severe circumstances, which do not allow an applicant to meet continuing
				  education requirements. The applicant may request a one-time extension approved
				  by the board and shall pay an additional non-refundable $300.00 fee. The board
				  will review each request on a case-by-case basis.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 16 - CONTINUING EDUCATION › Section 16.27.16.12 - REGISTRATION AS A CONTINUING EDUCATION PROVIDER

Current through Register Vol. 35, No. 13, July 16, 2024
A pre-approved continuing education provider shall possess
				  the qualifications below:
A. age
				requirement of the presenter shall be a least 21 years of age.
B. Hold an active independent license to
				practice in New Mexico as a licensed alcohol and drug abuse counselor (LADAC),
				licensed professional art therapist (LPAT), licensed professional clinical
				mental health counselor (LPCC), licensed clinical social worker (LCSW),
				licensed marriage and family therapist (LMFT), or licensed psychologist, or if
				holding an out of state license, meet criteria for licensure for New Mexico by
				credential or reciprocity.
C.
				Education requirements:
(1) With the exception
				of licensed alcohol and drug abuse counselors, hold a masters or doctoral
				degree in counseling or a counseling related field from an accredited
				institution; or
(2) A licensed
				alcohol and drug abuse counselor (LADAC) shall have three years of experience
				in the field of alcohol and drug abuse counseling.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 17 - FEES › Section 16.27.17.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All applicants applying for licensure as professional
				  clinical mental health counselors, marriage and family therapists, professional
				  art therapists, professional mental health counselors, licensed mental health
				  counselors, associate marriage and family therapists, alcohol and drug abuse
				  counselors, and substance abuse associates.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 17 - FEES › Section 16.27.17.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These parts are promulgated pursuant to the Counselor and
				  Therapist Practice Act, Sections
				  61-9A-9 and
				  61-9A-24 NMSA
				  1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 17 - FEES › Section 16.27.17.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 17 is to outline fees for application,
				  licensure, license renewal and administrative fees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 17 - FEES › Section 16.27.17.8 - APPLICATION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants for licensure or certification shall pay a $75.00
				  application fee for each level of licensure, which is due at the time of
				  initial application and is non-refundable. There is an additional re-review fee
				  of $25.00 for review of applications which have been denied at the initial
				  level requested and as defined in Subsection D of
				  16.27.3.8 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 17 - FEES › Section 16.27.17.9 - INITIAL LICENSE FEE

Current through Register Vol. 35, No. 13, July 16, 2024
Individuals accepted for licensure shall pay an initial
				  licensure fee. This fee is based on the biennial cost of the license and must
				  be paid in full before a license can be issued and is non-refundable.
A. Fee for initial licensure as a mental
				health counselor and associate marriage and family therapist is $75. This fee
				must be paid in full before a license can be issued and is
				non-refundable.
B. Fee for initial
				licensure as a professional mental health counselor is $150. This fee must be
				paid in full before a license can be issued and is non-refundable.
C. Fee for initial licensure as a clinical
				mental health counselor, a marriage and family therapist or an art therapist is
				$220. This fee must be paid in full before a license can be issued and is
				non-refundable.
D. Fee for initial
				licensure as an alcohol and drug abuse counselor, alcohol abuse counselor, drug
				abuse counselor is $150. This fee must be paid in full before a license can be
				issued and is non-refundable.
E.
				Fee for initial licensure as a substance abuse associate is $75. This fee must
				be paid in full before a license can be issued and is non-refundable.
F. Fee for initial licensure as a CEU
				Provider is $100. This fee must be paid in full before a license can be issued
				and is non-refundable.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 17 - FEES › Section 16.27.17.10 - RENEWAL FEES

Current through Register Vol. 35, No. 13, July 16, 2024
The fees are as listed below and are non-refundable:
A. Licensed mental health counselor,
				$75.00.
B. Registered independent
				mental health counselor, $150.00.
C. Professional mental health counselor,
				$150.00.
D. Clinical mental health
				counselor, $220.00.
E. Marriage and
				family therapist, $220.00.
F.
				Professional art therapist, $220.00.
G. Alcohol and drug abuse counselor,
				$150.00.
H. Alcohol abuse
				counselor, $150.00.
I. Drug abuse
				counselor, $150.00.
J. Substance
				abuse associate, $75.00.
K.
				Licensed associate marriage and family therapist, $75.00.
L. Late continuing education unit (CEU)
				extension request fee, $300.00.
M.
				CEU provider, $100.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 17 - FEES › Section 16.27.17.12 - LICENSURE UPGRADE

Current through Register Vol. 35, No. 13, July 16, 2024
Individuals who are currently licensed or registered by the
				  board may, upon approval, upgrade the category of licensure or registration by
				  submitting a new application and required documentation, accompanied by the
				  application fee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 17 - FEES › Section 16.27.17.13 - DUPLICATE OR REPLACEMENT LICENSE OR CERTIFICATE FEE

Current through Register Vol. 35, No. 13, July 16, 2024
A duplicate or replacement fee of $25.00 must be paid at the
				  time of request and must include an affidavit of need and is
				  non-refundable.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 17 - FEES › Section 16.27.17.14 - LATE FEE

Current through Register Vol. 35, No. 13, July 16, 2024
Any renewal application, with the exception of CEU providers,
				  including fee, not postmarked by the license expiration date is considered
				  expired. Renewal after the expiration date, but during the 30-day period, is
				  subject to a late fee of $100.00 which is non-refundable. CEU provider renewals
				  received after the expiration date, but during the 30-day period, is subject to
				  a late fee of $150.00 which is non-refundable.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 17 - FEES › Section 16.27.17.16 - ADMINISTRATIVE FEES

Current through Register Vol. 35, No. 13, July 16, 2024
The board will charge the following administrative fees,
				  which are non-refundable:
A. $10.00 for
				file copies.
B. $10.00 for written
				license verification.
C. $300.00
				for electronic list of New Mexico licensed counselors and therapists.
D. $25.00 charge for returned
				checks.
E. $100.00 for pre-approved
				continuing education provider number.
F. $25.00 administrative NCE, NCMHCE,
				marriage and family therapist, art therapist, and NCAC examinations
				fees.
G. $25.00 (twenty-five
				dollars) per CEU credit hour fee for CEU credit hours incorrectly issued by the
				CEU provider.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All professional clinical mental health counselors, marriage
				  and family therapists, professional art therapists, professional mental health
				  counselors, registered independent mental health counselors, registered mental
				  health counselors, licensed mental health counselors, alcohol and drug abuse
				  counselors, alcohol abuse counselors, drug abuse counselors, and substance
				  abuse trainees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These parts are promulgated pursuant to the Counselor and
				  Therapist Practice Act, Section
				  61-9A-1 through
				  61-9A-30 NMSA
				  1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 28, 2021,unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 18 is to outline the code of ethics all
				  applicants and licensed professional clinical mental health counselors,
				  marriage and family therapists, professional art therapists, professional
				  mental health counselors, registered independent mental health counselors,
				  registered mental health counselors, licensed mental health counselors, alcohol
				  and drug abuse counselors, alcohol abuse counselors, drug abuse counselors, and
				  substance abuse trainees shall adhere to as licensed professionals. Failure to
				  adhere to the code of ethics may result in disciplinary action by the
				  board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.8 - WHO MUST ADHERE TO THE CODE OF ETHICS

Current through Register Vol. 35, No. 13, July 16, 2024
The counseling & therapy practice board code of ethics is
				  intended for the professional mental health counselor, professional clinical
				  mental health counselor, marriage and family therapist, professional art
				  therapist, registered mental health counselor, registered independent mental
				  health counselor, licensed mental health counselor, alcohol and drug abuse
				  counselor, alcohol abuse counselor, drug abuse counselor, and substance abuse
				  associate trainee. Licensure and registration is binding to all individuals
				  holding a license or registration to practice professional mental health
				  counseling, professional clinical mental health counseling, marriage and family
				  therapy, professional art therapy, registered and licensed mental health
				  counseling, registered independent mental health counseling, alcohol and drug
				  abuse counseling, alcohol abuse counseling, drug abuse counseling, and
				  substance abuse associate in the state of New Mexico, and approved
				  supervisors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.9 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This code of ethics regulates the ethical and professional
				  conduct of:
A. all licensed and
				registered individuals;
B. all
				applicants for licensure or registration;
C. registered and licensed mental health
				counselors, substance abuse trainees and supervisors during their education,
				practicum and post-graduate training; and
D. expert witnesses: it applies to all
				licensed or registered individuals, in direct contact with clients, as well as
				during education, training, testifying as an expert witness and research
				endeavors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.10 - PURPOSE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this code of ethics is to provide clear
				  guidelines for the New Mexico counseling and therapy practice board to assess
				  the professional conduct of licensed or registered individuals. Standardization
				  eliminates confusion and misinterpretation of ethical behavior within the
				  profession and by the public.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.11 - VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A violation of a
				code of ethics is referred to as "unprofessional" or "unethical" conduct. It
				constitutes sufficient grounds for disciplinary action by the board.
B. Costs of disciplinary proceedings:
				Licensees, registrants or applicants shall bear all costs of disciplinary
				proceedings unless they are excused by the board from paying all or part of the
				fees, or if the licensee, registrant or applicant prevails at the hearing
				conducted pursuant to Section
				61-1-3 NMSA 1978 of the Uniform
				Licensing Act ("ULA"), or after investigation, the board does not pursue a ULA
				action against the licensee, registrant or applicant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.12 - INTEGRITY

Current through Register Vol. 35, No. 13, July 16, 2024
A licensed or registered individual is expected to behave
				  according to the standards of professional integrity and competence as defined
				  by rule or law. A licensed or registered individual must not condone, associate
				  with, or participate in dishonest, fraudulent, or deceitful behavior and shall
				  treat all clients, supervisees, students and research participants with respect
				  and dignity at all times. A licensed or registered individual shall not
				  misrepresent themselves, their training, or their services. It is the
				  responsibility of licensees and registered mental health counselors to be
				  completely informed about this code of ethics by which they are
				  governed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.13 - INTERPRETATION

Current through Register Vol. 35, No. 13, July 16, 2024
When construing the Code of ethics and standards for
				  providers, the interpretation of the code shall be guided by rules promulgated
				  by the American mental health counselors association (AMHCA), the American
				  counseling association (ACA), the American association for marriage and family
				  therapy (AAMFT), the American art therapy association (AATA), national
				  association of alcoholism and drug abuse counselors (NAADAC) and other relevant
				  professional groups to reconcile ambiguities which may arise in the
				  interpretation of this code of ethics, except that this code of ethics shall
				  supersede any conflict existing between this code and any professional
				  association standard.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.14 - CLIENT

Current through Register Vol. 35, No. 13, July 16, 2024
Means;
A. a
				recipient of counseling or therapy services.
B. a corporate entity or other organization
				can be a client when the professional contract is to provide services that
				primarily benefit the organization rather than individuals;
C. a legal guardians shall be the client for
				decision-making purposes for individuals receiving services who are under age
				of consent or legally incompetent adults except underage individuals and
				legally incompetent adults shall be the client when making decisions:
(1) directly affecting the physical or
				emotional safety of the individual, such a sexual or other exploitive dual
				relationships, and
(2) specifically
				reserved to the individual, and agreed to by the guardian prior to the
				rendering of services, such as confidential communication in a therapy
				relationship.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.15 - CONFIDENTIAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
Means information revealed by a client(s) or otherwise
				  obtained by a counselor or therapist, within the therapeutic context. The
				  information shall not be disclosed by the counselor or therapist without the
				  informed written consent of the client(s). Confidential information may be
				  disclosed without written consent when the client is considered a harm to self
				  or others, when there is evidence of physical or emotional abuse of minors or
				  frail elderly or by court order, see Subsection B of
				  16.27.18.17 NMAC. When the client
				  is a corporation or organization, the confidential relationship is between the
				  counselor or therapist and the corporation or organization and not between the
				  counselor or therapist and the employee or individual. Information obtained
				  from the employee by the counselor or therapist shall be available to the
				  organization unless such information was obtained in a separate therapeutic
				  context which is subject to confidentiality requirements.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.16 - PROFESSIONAL COMPETENCE, CONDUCT & INTEGRITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensees or registrants shall not
				misrepresent his credentials, degrees, or competencies either through spoken
				word, written, or electronically transmitted material.
B. Licensees or registrants who has provided
				professional services to a client or former client within the previous 60
				months shall not:
(1) engage in sexual
				intercourse, contact or other physical intimacies with the client;
(2) enter into a financial or other
				potentially exploitive relationship with the client; or
(3) seek to obtain client access to counselor
				or therapist personal information in social networking sites.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.17 - CONFIDENTIALITY AND DATA PRIVACY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The counselor or therapist shall safeguard confidential information obtained in
				the course of practice, teaching, research or other professional services. This
				includes a counselor or therapist's employees and professional associates as
				defined by law. The counselor or therapist shall disclose confidential
				information to others only with the informed written consent of the client or
				as outlined in Subsection B of this section.
B. Licensees or registrants shall inform a
				client of limitations of confidentiality. These limitations include, but are
				not limited to:
(1) Limitations mandated by
				the law.
(2) Disclosure when
				necessary to protect against a clear and substantial risk of imminent serious
				harm being inflicted by the client on the client or another
				person(s).
(3) Court orders in
				civil, criminal, or disciplinary actions arising from the therapy.
(4) Written waiver. Disclosure is limited to
				the terms of the waiver. If there is more than one party involved in the
				therapy, the waiver must be signed by all members legally competent to execute
				such a waiver (e.g. couples, marital couples, family, or group). When release
				of information pertaining to a client under the age of consent is requested, it
				must be signed by a parent or legal guardian. The counselor or therapist, to
				the extent the client can understand, shall inform the minor client of the
				limit the law imposes on his right of confidentiality.
(6) Reporting abuse of children and
				vulnerable adults, the counselor or therapist shall be familiar with any
				relevant law..
(7) Restrictions
				mandated by employing agencies.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.18 - RESPONSIBILITY TO CLIENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Licensees or registrants shall:
A. inform clients before or at the time of
				the initial counseling session with the licensee of the following:
(1) professional education, training and
				experience of the licensee;
(2)
				fees and arrangements for payment;
(3) counseling purposes, goals, and
				techniques;
(4) any restrictions
				placed on the license by the board;
(5) the limits on confidentiality;
(6) any intent of the licensee to use another
				individual to provide counseling services to the client;
(7) supervision of the licensee by another
				licensed health care professional, including the name and qualifications of the
				supervisor; and
(8) a licensee or
				registrant shall inform the client of any changes to the items above prior to
				initiating the change;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.19 - RESPONSIBILITY TO SUPERVISEES

Current through Register Vol. 35, No. 13, July 16, 2024
Licensees or registrants shall:
A. be cognizant of their influence upon
				students and supervisees and shall avoid exploiting the trust and dependency of
				such persons; therefore, licensees or registrants shall try to avoid conditions
				and dual relationships that may impair professional objectivity or increase the
				risk of exploitation; when the risk of impairment or exploitation exists due to
				conditions or dual roles, individuals shall take appropriate precautions (TO DO
				WHAT?);
B. refrain from providing
				therapy to current students or supervisees.
C. refrain from engaging in sexual intimacy
				with students or supervisees during the evaluation or training relationship
				between the licensee or registrant and student/supervisee.
D. prohibit students or supervisees from
				performing or holding themselves out as competent to perform professional
				services beyond their training, level of experience, and competence.
E. shall take reasonable precautions to
				ensure that services provided by trainees are professional.
F. shall not disclose supervisee confidences
				except by written authorization or waiver, or when mandated or permitted by
				law; in educational or training settings where there are multiple supervisors,
				disclosures are permitted only to other professional colleagues or
				administrators.
G. shall be
				required to sign for supervision and client contact hours provided to their
				supervisees on the appropriate Attachment B form prior to the termination of
				the supervisory relationship. If, in the supervisor's professional opinion,
				believes the supervisee is not yet ready for independent licensure, or has
				other concerns about the supervisee's professionalism, they may include an
				explanatory letter with the Attachment B form.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.20 - RESPONSIBILITY TO COLLEAGUES

Current through Register Vol. 35, No. 13, July 16, 2024
Licensees or registrants should:
A. treat colleagues with respect and should
				accurately represent the qualifications, views, and obligations of
				colleagues;
B. avoid unwarranted
				negative criticism of colleagues in communications with clients or with other
				professionals;
C. cooperate with
				colleagues and with colleagues of other professions when their cooperation
				serves the wellbeing of clients;
D.
				respect confidential information shared by colleagues in the course of their
				professional relationships and transactions; licensees or registrants should
				ensure that their colleagues understand licensees or registrants' obligations
				to respect confidentiality and any exceptions related to it;
E. participate in and contribute to decisions
				that affect the wellbeing of clients by drawing on the perspectives, values,
				and experiences of the individual's profession with members of an
				interdisciplinary team; professional and ethical obligations of the
				interdisciplinary team as a whole and of its individual members should be
				clearly established;
F. attempt to
				resolve disagreements through appropriate channels for whom a team decision
				raises ethical concerns for the licensee or registrant; if the disagreement
				cannot be resolved, pursue other avenues to address license or registrant's
				concerns consistent with client wellbeing;
G. should not take advantage of a dispute
				between a colleague and an employer to obtain a position or otherwise advance
				the licensed or registered individual's own interests; and
H. should not exploit clients in disputes
				with colleagues or engage clients in any inappropriate discussion with
				colleagues.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.21 - RESPONSIBILITY TO THE PROFESSION

Current through Register Vol. 35, No. 13, July 16, 2024
Licensees or registrants shall:
A. refraining from aiding or abetting another
				person in misrepresenting his/her professional credentials or illegally
				engaging in the practice of counseling or therapy;
B. refrain from delegating professional
				responsibilities to a person not appropriately qualified to provide such
				services;
C. exercise appropriate
				supervision over supervisees, as set forth in the Parts and regulations of the
				board;
D. inform the board in
				writing when the licensee or registrant has substantial reason to believe that
				there has been a violation of the statutes or parts of the rule which presents
				eminent danger to the licensee, registrant or client; or if this information is
				obtained in a professional relationship with a client, obtain prior written
				permission from the client before reporting it; counselors or therapists shall
				not file or encourage the filing of ethical complaints that are frivolous or
				are intended to harm the licensee rather than protect the public;
E. be familiar with this code of ethics, and
				its application to counselors or therapists' work. Lack of awareness or
				misunderstanding of the conduct standards is not a defense to a charge of
				unethical conduct;
F. consult with
				the board's ethics committee when uncertain whether a particular situation or
				course of action would violate this code of ethics; and
G. cooperate in ethics investigations,
				proceedings, and resulting requirements of this code. Release of confidential
				information in an investigation by the board does not constitute a violation of
				confidentiality. Failure to cooperate in an investigation is an ethics
				violation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.22 - INVESTIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
If a licensee or registrant voluntarily surrenders their
				  license or registration in anticipation of or during the course of an
				  investigation, the complaint committee will proceed with its investigation and
				  take any appropriate action. Any publication of action taken by the committee
				  and the counseling and therapy practice board will include the fact that the
				  licensee or registrant voluntarily surrendered their license or registration
				  during the investigation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 18 - CODE OF ETHICS › Section 16.27.18.23 - ELECTRONIC THERAPY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any licensee
				or registrant offering services online, or by any other electronic virtual
				means, shall adhere to the entire code of ethics as it appears in this Part. In
				addition, the licensee or registrant providing services shall inform the
				client, in the process of securing informed consent for services that:
(1) professional services are considered to
				be rendered in the state of New Mexico;
(2) complaints about professional services
				and should be directed to the New Mexico counseling and therapy practice board;
				and
(3) encryption and other
				technologies shall be used to insure confidentiality of the therapy
				session.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 19 - APPROVED SUPERVISORS › Section 16.27.19.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All professional clinical mental health counselors, marriage
				  and family therapists, professional art therapists, professional mental health
				  counselors, alcohol and drug abuse counselors, who are acting as
				  supervisors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 19 - APPROVED SUPERVISORS › Section 16.27.19.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These parts are promulgated pursuant to the Counselor and
				  Therapist Practice Act, Sections
				  61-9A-1,
				  61-9A-3,
				  61-9A-5 and
				  61-9A-9 through
				  61-9A-30 NMSA
				  1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 19 - APPROVED SUPERVISORS › Section 16.27.19.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 28, 2021, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 19 - APPROVED SUPERVISORS › Section 16.27.19.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Approved supervisor definitions.
A.
"Administrative supervision"
means those supervisory activities, which increase the efficiency and
				management of the delivery of counseling services.
B.
"Clinical supervision"
means
				the supportive and educative activities of the supervisor designed to improve
				the application of counseling theory and technique directly to clients.
				Clinical supervision is the only supervision acceptable for
				licensure.
C.
"Applied
				counseling settings"
means public, state/federal agencies, or private
				organizations of counselors and therapists such as community mental health
				counselors, hospitals, schools, and group or individual private practice
				settings.
D.
"Supervisees"
means licensed mental health counselors, associate
				marriage and family therapist or substance abuse associates, or licensees who
				are working with clients in an applied counseling settings.
E.
"Supervisors"
means
				independently licensed alcohol and drug abuse counselors (LADAC), professional
				art therapists (LPAT), licensed professional clinical mental health counselors
				(LPCC), licensed clinical social workers (LCSW), licensed marriage and family
				therapists (LMFT), and licensed psychologists having completed the requisite
				nine continuing education units in supervision and having registered as
				supervisors with the New Mexico counseling and therapy practice
				board.
F.
"Electronic and
				telephonic supervision"
means supervision of counseling and
				psychotherapy services provided by supervisors either electronically or
				telephonically. Virtually supervised contact hours are subject to the
				supervision requirements required for services supervised in-person.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 19 - APPROVED SUPERVISORS › Section 16.27.19.8 - SUPERVISEE'S WELFARE AND RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Supervisors shall instruct supervisees to notify clients that they are being
				supervised and that observation or recordings of the session may be reviewed by
				the supervisor.
B. Supervisors who
				are licensed counselors and therapists and are conducting supervision to aid a
				supervisee to become licensed shall instruct the supervisee not to communicate
				or in anyway convey to the supervisee's clients or to other parties that the
				supervisee is licensed as independent practitioners.
C. Supervisors shall instruct supervisees of
				clients' rights, including protecting clients' right to privacy and
				confidentiality in the counseling and therapy relationship and the information
				resulting from it, and to notify clients that their right to privacy and
				confidentiality will not be violated by the supervisory relationship.
D. Records of the counseling and therapy
				relationship, including interview notes, test data, correspondence, the
				electronic storage of these documents, and audio and videotape recordings are
				considered to be confidential professional information. Supervisors shall
				assure that these materials are used in counseling/therapy, research, and
				training and supervision of counselors and therapists with the full knowledge
				of the client and that permission to use these materials is granted by the
				applied counseling setting offering service to the client. This professional
				information is to be used for the full protection of the client.
E. Written consent from the client (or legal
				guardian, if a minor) shall be secured prior to the use of such information for
				instructional, supervisory, or research purposes. Policies of the applied
				counseling setting regarding client records also shall be followed.
F. Supervisors shall adhere to current
				professional and legal guidelines when conducting research with human
				participants.
G. Supervisors are
				responsible for making every effort to monitor both the professional actions,
				and failures to take action, of their supervisees.
H. Supervised clinical client contact hours
				shall not exceed 40 hours per week.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 19 - APPROVED SUPERVISORS › Section 16.27.19.9 - SUPERVISORY ROLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The primary
				obligation of supervisors is to train counselors and therapists so that they
				respect the integrity and promote the welfare of the client. Inherent and
				integral to the role of supervisor are responsibilities for:
(1) monitoring client welfare;
(2) encouraging compliance with relevant
				legal, ethical, and professional standards for clinical practice;
(3) monitoring clinical performance,
				qualifications and professional development of supervisees;
(4) evaluating and certifying current
				performance and potential of supervisees for academic, screening, selection,
				placement, employment, and credentialing purposes;
(5) tracking supervisee's professionalism and
				ethical conduct; and
(6)
				documentation to include a supervisory agreement and a supervision log to
				include notes
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 19 - APPROVED SUPERVISORS › Section 16.27.19.10 - APPLICATION FOR SUPERVISOR DESIGNATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All applicants must submit the following
				documentation to the board:
(1) a completed
				application, signed by the applicant
(2) a 2" x 2" photograph of the applicant
				taken within the preceding six months, affixed to the application;
(3) an application fee of $75 as provided in
				Part 17;
(4) submitevidence of
				completing the following:
(a) three continuing
				education unit hours in counseling or therapy supervision, and
(b) six continuing education unit hours
				pertaining to ethics in supervision in addition to the ethics continuing
				education unit hours required for license renewal; or
(c) evidence of holding a current supervision
				credential through the applicable national professional association;
(5) a copy of a current New Mexico
				license as one of the following credentials:
(a) licensed professional clinical
				counselor;
(b) licensed marriage
				and family therapist;
(c) licensed
				professional art therapist;
(d)
				licensed alcohol and drug abuse counselor;
(e) licensed clinical social
				worker;
(f) licensed independent
				social worker;
(g) licensed
				psychiatrist; or
(h) licensed
				psychologist
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.27.20.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department Counseling and Therapy
				  Practice Board
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.27.20.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All professional clinical mental health counselors, marriage
				  and family therapists, professional art therapists, professional mental health
				  counselors, registered independent mental health counselors, associate marriage
				  and family therapists, licensed mental health counselors, alcohol and drug
				  abuse counselors, alcohol abuse counselors, drug abuse counselors, and
				  substance abuse associates.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.27.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The board adopts this section pursuant to the Parental
				  Responsibility Act (Ch. 25, Laws of 1995).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.27.20.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 15, 2001 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.27.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 20 is to outline action to be taken by
				  the board if applicants or licensees are in violation of the Parental
				  Responsibility Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.27.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All terms defined in the Parental Responsibility Act shall
				  have the same meanings in this Section. As used in this section:
A. "HSD" means the New Mexico human services
				department;
B. "statement of
				compliance" means a certified statement from HSD stating that an applicant or
				licensee is in compliance with a judgment and order for support; and
C. "statement of non-compliance" means a
				certified statement from HSD stating that an applicant or licensee is not in
				compliance with a judgment and an order for support.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.27.20.8 - PARENTAL RESPONSIBILITY ACT; DELEGATION OF AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The authority of the New Mexico counseling and therapy
				  practice board to issue a notice of contemplated action, to refer cases in
				  which a notice of contemplated action has been issued for administrative
				  prosecution, to hold hearings and issue decision and orders to any licensee or
				  applicant for licensure whose name appears on the certified list issued by the
				  New Mexico department of human services, as provided in Section
				  40-5A-1 NMSA 1978 et seq., may be
				  delegated to the New Mexico regulation and licensing department. This section
				  shall not be construed to deprive the board of its authority to issue a notice
				  of contemplated action for any violation of the Parental Responsibility Act, to
				  refer a case for administrative prosecution, hold a hearing or issue a decision
				  and order for any violation of the Parental Responsibility
				  Act
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.27.20.9 - DISCIPLINARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
If an applicant or licensee is not in compliance with a
				  judgment and order for support, the board:
A. shall deny an application for a
				license;
B. shall deny the renewal
				of a license; and
C. has grounds
				for suspension or revocation of the license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 27 - COUNSELORS AND THERAPISTS › Part 20 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.27.20.10 - CERTIFIED LIST

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of HSD's certified list of obligors not in
				  compliance with a judgment and order for support, the board shall match the
				  certified list against the current list of board licensees and applicants. Upon
				  the later receipt of an application for license or renewal, the board shall
				  match the applicant against the current certified list. By the end of the month
				  in which the certified list is received, the board shall report to HSD the
				  names of board applicants and licensees who are on the certified list and the
				  action the board has taken in connection with such applicants and
				  licensees.