A. In accordance with the procedures established by the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the board may deny, suspend or revoke any license or registration held or applied for under the Counseling and Therapy Practice Act, or take any other action provided for in the Uniform Licensing Act, upon grounds that the licensee, registrant or applicant:

1. (1) is guilty of fraud, deceit or misrepresentation in procuring or attempting to procure any license or registration provided for in the Counseling and Therapy Practice Act;
2. (2) is adjudicated mentally incompetent by regularly constituted authorities;
3. (3) is found guilty of a felony or misdemeanor involving moral turpitude;
4. (4) is found guilty of unprofessional or unethical conduct;
5. (5) has illicitly been using any controlled substances, as defined in the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978], or using a mood-altering substance or alcoholic beverage to an extent or in a manner dangerous to the licensee, registrant or applicant or any other person or the public or to an extent that the use impairs the licensee's, registrant's or applicant's ability to perform the work of a counselor or therapist practitioner;
6. (6) has violated any provision of the Counseling and Therapy Practice Act or regulations adopted by the board;
7. (7) is grossly negligent in practice as a professional counselor or therapist practitioner;
8. (8) willfully or negligently divulges a professional confidence;
9. (9) demonstrates marked incompetence in practice as a professional counselor or therapist practitioner;
10. (10) has had a license or registration to practice as a counselor, therapist or other mental health practitioner revoked, suspended or denied in any jurisdiction, territory or possession of the United States or another country for acts of the licensee or registrant similar to acts described in this subsection;
11. (11) knowingly and willfully practices beyond the scope of practice, as defined by the board; or

12. (12) uses conversion therapy on a minor.

    B. A certified copy of the record of conviction shall be conclusive evidence of such conviction.

    C. Disciplinary proceedings may be instituted by the sworn complaint of any person, including members of the board, and shall conform to the provisions of the Uniform Licensing Act. Any party to a hearing may obtain a copy of the hearing record upon payment of costs for such copy.

    D. A person who violates any provision of the Counseling and Therapy Practice Act is guilty of a misdemeanor and upon conviction shall be punished as provided in Section 31-19-1 NMSA 1978.

    E. As used in this section:

13. (1) "conversion therapy" means any practice or treatment that seeks to change a person's sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same sex. "Conversion therapy" does not mean:

    1. (a) counseling or mental health services that provide acceptance, support and understanding of a person without seeking to change gender identity or sexual orientation; or
    2. (b) mental health services that facilitate a person's coping, social support, sexual orientation or gender identity exploration and development, including an intervention to prevent or address unlawful conduct or unsafe sexual practices, without seeking to change gender identity or sexual orientation;
14. (2) "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth;
15. (3) "minor" means a person under eighteen years of age; and
16. (4) "sexual orientation" means heterosexuality, homosexuality or bisexuality, whether actual or perceived.

History: Laws 1993, ch. 49, § 26; 1996, ch. 61, § 12; 1999, ch. 161, § 19; 2005, ch. 210, § 20; 2017, ch. 132, § 5.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-9A-30 NMSA 1978.

The 2017 amendment, effective June 16, 2017, prohibited the use of conversion therapy on a minor, provided that the counseling and therapy practice board may deny, revoke or suspend the license issued by the board if the licensee uses conversion therapy on a minor, and defined certain terms as used in this section; in Subsection A, Paragraph A(5), after "manner dangerous to", deleted "himself" and added "the licensee, registrant or applicant", and after "the use impairs", deleted "his" and added "the licensee’s, registrant’s or applicant’s", and added Paragraph A(12); and added Subsection E.

The 2005 amendment, effective June 17, 2005, provided in Subsection A(5) that disciplinary action may be taken if the licensee, registrant or applicant has illicitly used a controlled substance or has used a mood-altering substance.

The 1999 amendment, effective July 1, 1999, added "fines and reprimand" to the section heading, substituted "a" for "any" and inserted "may fine or reprimand a license or registrant" in Subsection A, and deleted "as a professional counselor or therapist practitioner" at the end of Subsections (7) and (9).

The 1996 amendment, effective July 1, 1996, in Subsection A, substituted "registration" for "certificate" in the introductory paragraph and in Paragraphs (1) and (10), inserted "or take any other action provided for in the Uniform Licensing Act," in the introductory paragraph, substituted "a counselor or therapist practitioner" for "a professional mental health counselor, professional clinical mental health counselor, marriage and family therapist, professional art therapist or registered mental health counselor safely to the public" at the end of Paragraph (5), added "adopted by the board" at the end of Paragraph (6), substituted "counselor, therapist or other mental health practitioner" for "professional mental health counselor, professional clinical mental health counselor, marriage and family therapist, art therapist or registered mental health counselor" in Paragraph (10), and added Paragraph (11); and made stylistic changes throughout the section.