1. A. Nothing in the Counseling and Therapy Practice Act shall be construed to prevent:

   1. (1) a person who is licensed, certified or regulated under the laws of this state from engaging in activities consistent with the standards and ethics of the person's profession or practice; or
   2. (2) an alternative, metaphysical or holistic practitioner from engaging in nonclinical activities consistent with the standards and codes of ethics of that practice.

2. B. Specifically exempted from the Counseling and Therapy Practice Act are:

   1. (1) elementary and secondary school counselors acting on behalf of their employer who are otherwise regulated;
   2. (2) peer counselors of domestic violence or independent-living peer counselors working under appropriate supervision in a nonprofit corporation, association or similar entity;
   3. (3) duly ordained, commissioned or licensed ministers of a church providing pastoral services on behalf of a church;
   4. (4) a person who is enrolled in an internship or practicum under appropriate supervision and is in the internship or practicum for the sole purpose of acquiring an advanced degree in mental health counseling, marriage and family therapy or art therapy or a degree in substance abuse counseling;
   5. (5) practitioners of Native American healing arts; and

   6. (6) individuals who serve as peer counselors for a twelve-step recovery program or a similar self-help chemical dependency recovery program that:

      1. (a) does not offer chemical dependency treatment;
      2. (b) does not charge program participants a fee; and
      3. (c) allows program participants to maintain anonymity.
3. C. Nothing in this section shall be construed to allow an individual whose license has been lost or suspended by the New Mexico counseling and therapy practice board or the New Mexico state board of psychology examiners to avoid such loss or suspension by utilizing this exemption.

History: Laws 1993, ch. 49, § 6; 1996, ch. 61, § 4; 1999, ch. 161, § 5; 2003, ch. 422, § 4; 2003, ch. 423, § 1; 2005, ch. 210, § 4.

ANNOTATIONS

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

The 2005 amendment, effective June 17, 2005, deleted lay pastoral-care assistants from the list of persons who are exempt from the act in Subsection B(3)

The 2003 amendment, effective July 1, 2003, added Paragraph B(6) and Subsection C. The section was also amended by Laws 2003, ch. 422, § 4. The section is set out as amended by Laws 2003, ch. 423, § 1. See 12-1-8 NMSA 1978.

The 1999 amendment, effective July 1, 1999, substituted "a person" for "any individual" in Subsection A(1), deleted "organized training program to qualify for licensure as a counselor or therapist and is under direct supervision of a licensed counselor or therapist or other appropriate supervision, as approved by the board" in Subsection B(4), deleted Subsections B(5), B(6) and B(8) which read: "(5) hypnotherapists certified by the American council of hypnotist examiners or the southwest hypnotherapists examining board, providing nonclinical services from July 1, 1994 to June 30, 1998"; "(6) pastoral counselors with master's or doctoral degrees who are certified by the American association of pastoral counselors from July 1, 1994 to June 30, 1998"; "(8) state employees at the discretion of the head of the employing agency" and redesignated the remaining subsections accordingly.

The 1996 amendment, effective July 1, 1996, in Subsection B, substituted "the Counseling and Therapy Practice Act" for "this act" in the introductory paragraph, deleted Paragraph (2) exempting alcohol or drug abuse counselors working under nonprofit corporations, associations or similar entities, deleted Paragraph (5) exempting students enrolled in a graduate level counselor and therapist training program, added Paragraph (4) and redesignated the existing paragraphs accordingly, and substituted "head of the employing agency" for "department secretary" at the end of Paragraph (8).