As used in the Counseling and Therapy Practice Act:

1. A. "accredited institution" means a university or college accredited by an accrediting agency of institutions of higher education;
2. B. "appraisal" means selecting, administering, scoring and interpreting instruments designed to assess a person's aptitudes, attitudes, abilities, achievements, interests, personal characteristics and current emotional or mental state by appropriately educated, trained and experienced clinicians and the use of nonstandardized methods and techniques for understanding human behavior in relation to coping with, adapting to or changing life situations of a physical, mental or emotional nature; "appraisal" shall not be construed to permit the performance of any act that a counselor or a therapist is not educated, trained and licensed to perform;

3. C. "appropriate clinical supervision" means, as defined by rule, supervision provided by a licensed:

   1. (1) professional clinical mental health counselor;
   2. (2) marriage and family therapist;
   3. (3) professional art therapist;
   4. (4) psychiatrist;
   5. (5) clinical psychologist;
   6. (6) clinical nurse specialist in psychiatry;
   7. (7) independent social worker with two years of mental health and supervised clinical experience; or
   8. (8) alcohol and drug abuse counselor with three years of work experience in the field of alcohol and drug abuse prior to providing supervision;
4. D. "appropriate clinical supervisor for substance abuse associate" means a person who has education and experience specific to the career track of the associate and has training in transmitting knowledge, skills and attitudes through a relational process that includes direct oversight of the clinical work;
5. E. "approved clinical supervisor" means a person who is a licensed professional clinical mental health counselor, licensed marriage and family therapist, licensed professional art therapist, licensed psychiatrist, licensed clinical psychologist, clinical nurse specialist in psychiatry or licensed independent social worker and provides supervision to a licensed mental health counselor or therapist;
6. F. "art therapy" means the rendering of art therapy principles whereby communication is facilitated through therapeutic counseling and art media. This involves the application of the principles of human development and psychological theories, which are implemented in the full spectrum of models of assessment and treatment, including psychodynamics and cognitive, interpersonal and other therapeutic means to individuals, couples, families, groups and communities for the promotion of optimal mental health;
7. G. "board" means the counseling and therapy practice board;
8. H. "client contact hours" means the face-to-face time spent with a client to appraise, assess, evaluate, diagnose, treat psychopathology and provide counseling services;
9. I. "clinical counseling" means the rendering of counseling services involving the application of principles of psychotherapy, human development, learning theory, diagnosis, treatment and the etiology of mental illness and dysfunctional behavior to individuals, couples, families or groups for the purpose of assessing and treating psychopathology and promoting optimal mental health;
10. J. "consultation" means the voluntary, nonsupervisory relationship between professionals or other pertinent persons, in application of scientific counseling, guidance and human development principles and procedures to provide assistance in understanding and resolving a current or potential problem that the consultee may have in relation to a third party, be it an individual, group, family or organization;
11. K. "counselor training and education" means a process that prepares counselors and therapists in both didactic and clinical aspects of counseling;
12. L. "course" means an integrated, organized course of study, which encompasses a minimum of one school semester or equivalent hours;
13. M. "counseling" means the application of scientific principles and procedures in therapeutic counseling, guidance and human development to provide assistance in understanding and solving a mental, emotional, physical, social, moral, educational, spiritual or career development and adjustment problem that a client may have;
14. N. "counseling-related field" as defined by rule, means a degree in guidance counseling, mental health-community counseling or agency counseling; psychology, clinical psychology or counseling psychology; human services; family services; human and family studies; art therapy; or art education with an emphasis in art therapy;
15. O. "department" means the regulation and licensing department or the division of the department designated to administer the counseling and therapy practice board;
16. P. "diagnosis and treatment planning" means assessing, analyzing and providing diagnostic descriptions of mental, emotional or behavioral conditions; exploring possible solutions; and developing and implementing a treatment plan for mental, emotional and psychosocial adjustment or development. "Diagnosis and treatment planning" shall not be construed to permit the performance of any act that counselors or therapists are not educated, trained and licensed to perform;
17. Q. "evaluation" means the act of making informed decisions based on the use and analysis of pertinent data;
18. R. "internship" means a distinctly defined, pre-graduate, supervised clinical experience in which the student refines, enhances and integrates professional knowledge with basic counselor or therapist skills appropriate to the student's program and preparation for postgraduate professional placement;
19. S. "licensure" means the process by which a state agency or government grants permission to an individual to engage in a given profession and to use the designated title of that profession after the applicant has attained the minimal degree of competency necessary to ensure that the public health, safety and welfare are reasonably well protected;
20. T. "marriage and family therapy" means the assessment, diagnosis and treatment of nervous and mental disorders, whether cognitive, affective or behavioral, within the context of marriage and family systems;
21. U. "mental disorder" means any of several conditions or disorders that meet the diagnostic criteria contained in the diagnostic and statistical manual of the American psychiatric association or the world health organization's international classification of mental disorders;
22. V. "practicum" means a distinctly defined, supervised clinical experience in which the student develops basic counselor or therapist skills and integrates professional knowledge, which practicum is completed prior to or concurrent with an internship;
23. W. "program" means a structured sequence of curricular and clinical experiences housed within an academic unit;
24. X. "referral" means evaluating and identifying the needs of a client to determine the advisability of referrals to other specialists, advising the client of such judgments and communicating as requested or deemed appropriate to such referral sources;
25. Y. "research" means a systematic effort to collect, analyze and interpret quantitative or qualitative data that describe how social characteristics, behavior, emotions, cognition, disabilities, mental disorders and interpersonal transactions among individuals, couples, families and organizations interact;
26. Z. "standard" means a minimal criterion that must be met; and
27. AA. "substance abuse-related field" means a degree in guidance counseling, mental health-community counseling, agency counseling, psychology, clinical psychology, counseling psychology, human services, family services, human and family studies, social work, art therapy or art education with appropriate clinical background and two hundred seventy-six clock hours in education or training in alcohol and drug abuse counseling.

History: Laws 1993, ch. 49, § 3; 1996, ch. 61, § 1; 1999, ch. 161, § 2; 2003, ch. 422, § 1; 2005, ch. 210, § 1; 2021, ch. 99, § 1; 2022, ch. 39, § 43.

ANNOTATIONS

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

The 2022 amendment, effective May 18, 2022, revised the definition of "appropriate clinical supervision" and removed the definition of "defined by rule", as used in the Counseling and Therapy Practice Act; in Subsection C, Paragraph C(8), after "drug abuse counselor", deleted "A licensed alcohol and drug abuse counselor shall have completed" and added "with"; and deleted Subsection O and redesignated former Subsections P through BB as Subsections O through AA, respectively.

The 2021 amendment, effective June 18, 2021, revised the definitions of terms used in the Counseling and Therapy Practice Act related to education and experience requirements; after "counseling psychology", added "human services; family services" throughout; in Subsection C, Paragraph C(8), after "have completed three years of", added "work experience in the field of", and after "alcohol and drug abuse", deleted "experience"; and in Subsection N, after "clinical psychology", added "or".

The 2005 amendment, effective June 17, 2005, deleted the definition of "alcohol abuse counselor" in former Subsection B; deleted the definition of "appraisal" in former Subsection C; changed "appropriate supervision" to "appropriate clinical supervision" as the defined term in Subsection C; deleted "licensed professional health counselor" in Subsection C(1); added Subsections C(6) and (7); deleted from former Subsection E the requirement that three years of alcohol and drug experience be acquired by an alcohol and drug abuse counselor after licensure and the former provision that supervision may be provided by a clinical nurse specialist in psychiatry or licensed independent social worker with two years of mental health and supervised clinical experience; added the definition of "appropriate clinical supervisor for substance abuse associate" in Subsection D; changed "appropriate clinical supervision" to "approved clinical supervisor" as the defined term in Subsection E; provided in Subsection E that an approved clinical supervisor is a person who provides supervision to a licensed mental health counselor or therapist; added the definition of "art therapy" in Subsection F; changed "consulting and consultation" to "consultation" in Subsection J; deleted from Subsection N the former provision that "counseling-related field" include those fields in which training includes coursework in the diagnosis and treatment of mental disorders, added psychology to the list of counseling-related fields and deleted the requirement that art education include appropriate clinical background to meet the clinical core curriculum; deleted the definition of "counseling and therapy practice" in former Subsection O; deleted the definition of "counselor and therapist practitioner" in former Subsection P; added the definition of "defined by rule" in Subsection O; deleted the definition of "drug abuse counselor" in former Subsection S, deleted the former requirement in Subsection S that the experience enhance basic counseling or student development and skills and integrate and authenticate professional knowledge; deleted the definition of "licensed mental health counselor" in former Subsection V; deleted the definition of "marriage and family therapist" in former Subsection Y; changed "classification of diseases manual" to "classification of mental disorders" in Subsection V; deleted the definition of "peer counselor" in former Subsection AA; deleted the definition of "practice of alcohol or drug abuse counseling" in former Subsection BB; deleted the definition of "practice of art therapy" in former Subsection CC; deleted the definition of "practice of marriage and family therapy" in former Subsection DD; deleted the definition of "practice of professional clinical mental health counseling" in former Subsection EE; deleted the definition of "practice of professional mental health counseling" in former Subsection FF; deleted the definition of "practice of registered mental health counseling" and "practice of licensed mental health counseling" in former Subsection GG; deleted the definition of "practice of registered independent mental health counseling" in former Subsection HH; provided in Subsection W that "practicum" includes the development of basic counselor or therapist skills and that practicum may be completed concurrent with an internship; deleted the definition of "professional art therapist" in former Subsection KK; deleted the definition of "professional clinical mental health counselor" in former Subsection LL; deleted the definition of "professional mental health counselor" in former Subsection MM; deleted the definition of "registered independent mental health counselor" in former Subsection PP; deleted the definition of "substance abuse counselor" in former Subsection RR; deleted the definition of "substance abuse trainee" in former Subsection SS; deleted the definition of "supervision" in former Subsection TT; and added the definition of "substance abuse-related field" in Subsection BB.

The 2003 amendment, effective June 20, 2003, rewrote this section to the extent that a detailed comparison is impracticable.

The 1999 amendment, effective July 1, 1999, substituted "a person" and "a licensed person" for "an individual" throughout the section; substituted "regional" for "nationally recognized" and deleted "or an approved institution or program as determined by the board" in Subsection A; inserted "alcohol and drug abuse counselor or independent" and deleted "psychiatric nurse or other similar supervision approved by the board" following "social worker" in Subsection E; added Subsections G, N, Y, and EE and redesignated the remaining subsections accordingly; inserted "assessing and" in Subsection H; inserted "licensed or registered" preceding "practice of" and inserted "independent mental health counseling" preceding "marriage" in Subsection K; inserted "assessment" in Subsection P; substituted "a person who is licensed for independent" for "an individual who engages in the" in Subsection Q; substituted "or" for "and" in Subsection S; substituted "licensed practice" for "rendering" in Subsections U, V, and W; substituted "licensed practice of counseling services" for "rendering" and deleted "but are not limited to" following "include" in Subsection T; deleted "married" preceding "couples" in Subsection U; inserted "clinical", deleted "including psychopathology" following "disorders" and "but is not limited to" following "includes" in Subsection V; deleted "but not limited to" following "including" in Subsections W and X; substituted "licensed" for "registered" in Subsections DD and GG; substituted "licensed by" for "registered with" in Subsection DD; and substituted "direct observation" for "appropriate supervision" in Subsection GG.

The 1996 amendment, effective July 1, 1996, added Subsections B, C, M, Q, BB and CC and redesignated the remaining subsections accordingly, substituted "counseling and therapy practice" for "counselor and therapist practice" at the beginning of Subsection J, added "alcohol abuse counseling, drug abuse counseling and alcohol and drug abuse counseling" at the end of Subsection J, inserted "registered mental health counselors, registered independent mental health counselors, alcohol abuse counselors, drug abuse counselors and alcohol and drug abuse counselors" near the end of Subsection K, substituted "marriage" for "marital" in Subsections N and S, added "as defined by regulation of the board" at the end of Subsection R and in the second sentence of Subsection S, substituted "married" for "marital" in the second sentence of Subsection S, substituted "registered with" for "certified by" in Subsection AA, and made stylistic changes throughout the section.