New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 3 - NON- LICENSED DOCTORAL STUDENTS, PSYCHOLOGY INTERNS AND POST -DOCTORAL TRAINEES; NON LICENSED EMPLOYEES AND AGENTS › Section 16.22.3.9 - SUPERVISION OF NON LICENSED PERSONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Responsibility of supervisors and
				violations.
The supervisor shall not assist a non-licensed person in the
				performance of any activity that constitutes the practice of psychology except
				as allowed by this part. A supervisor shall have functional authority over and
				professional responsibility for the work of the non-licensed person. A
				supervisor who assists a non-licensed person in the practice of psychology in
				violation of this part, by acts of omission or commission, or who provides
				inadequate supervision over a non-licensed person is subject to disciplinary
				action. The grounds for disciplinary action may include, without limitation,
				aiding and abetting the practice of psychology by a non-licensed person;
				incompetent practice of psychology; willful or negligent violation of the act;
				allowing the supervisor's name or license to be used in connection with a
				non-licensee who performs psychological services outside of the area of the
				non-licensed person's training, experience, or competency; or abandonment of
				the patient or client.
B.
Qualifications of supervisors.
The supervisor shall be a licensed
				psychologist. The supervisor shall have training or experience in the specific
				area of practice being supervised. The supervisor may assign non-licensed
				persons to other qualified specialists under the supervisor's authority for
				specific skill training. The other specialist shall have a clearly established
				practice and shall possess demonstrable teaching skills. The supervisor shall
				limit the number of non-licensed persons under supervision, taking into account
				the requirements of the supervisor's principal work or practice and clinical
				responsibilities, to ensure that the supervision provided and the practice are
				consistent with professional standards. The supervisor shall not supervise an
				applicant who is a member of the supervisor's immediate or extended family, who
				has a financial interest in the supervisor's business or practice, or with whom
				the supervisor has a dual relationship.
C.
Duties of the supervisor.
The
				supervisor has the following duties to his patients or clients, the
				non-licensed person, and the public.
(1) The
				supervisor has ultimate responsibility to the patient or client for all
				professional psychological services rendered, whether rendered by the
				supervisor or the non-licensed person.
(a)
				The supervisor shall ensure that the patient or client knows the supervisory
				status of the non-licensed person and that consent is obtained.
(b) The supervisor shall ensure that the
				patient or client understands the possibility that a third-party payor may not
				reimburse for services rendered by the non-licensed person.
(c) The supervisor shall ensure that the
				patient or client is aware of the non-licensed person's qualifications and
				functions.
(d) The supervisor shall
				be available to patients or clients, shall be available to the non-licensed
				person for professional guidance and direction and intervention as needed, and
				shall be responsible for proper record-keeping and proper documentation in the
				patient's or client's case file, progress notes, or medical record.