1. A. There is created the "counseling and therapy practice board". The board is administratively attached to the department.

2. B. The board consists of seven members who are United States citizens, have been New Mexico residents for at least five years prior to their appointment and maintain New Mexico residency during their appointment. Of the seven members:

   1. (1) five members shall be professional members, who shall be a professional mental health counselor, a professional clinical mental health counselor, a marriage and family therapist, a professional art therapist and an alcohol and drug abuse counselor, licensed under the Counseling and Therapy Practice Act and shall have engaged in a counselor and therapist practice for at least five years. The professional mental health counselor shall also represent the registered independent and licensed mental health counselors; and
   2. (2) two members shall represent the public. The public members shall not have been licensed or have practiced as counselor or therapist practitioners or in any other regulated mental health profession, nor have any significant financial interest, either direct or indirect, in the professions regulated.
3. C. Members of the board shall be appointed by the governor for staggered terms of four years. A member shall hold office until a successor is appointed. Vacancies shall be filled in the same manner as original appointments. No appointee shall serve more than two terms.
4. D. The governor may appoint professional board members from a list of nominees submitted by qualified individuals and organizations, including the New Mexico counseling association, the New Mexico association for marriage and family therapy, the New Mexico art therapy association and the alcohol and drug directors association.
5. E. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
6. F. The board shall elect annually from its membership a chair and a secretary and other officers as necessary to carry out its duties.
7. G. The board shall meet once a year and at other times deemed necessary. Other meetings may be called by the chair upon the written request of three members of the board. A simple majority of the board members shall constitute a quorum of the board.

8. H. Any member failing to attend three meetings after proper notice shall be automatically recommended for removal as a board member, unless excused by the board chair for one of the following reasons:

   1. (1) extenuating circumstances beyond the member's control, including illness;
   2. (2) prearranged activities out of town; or
   3. (3) other severe circumstances that do not allow a member to attend.

History: Laws 1993, ch. 49, § 7; 1996, ch. 61, § 5; 1999, ch. 161, § 6; 2003, ch. 422, § 5; 2021, ch. 93, § 6.

ANNOTATIONS

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

The 2021 amendment, effective June 18, 2021, revised the composition of the counseling and therapy practice board, required board members to maintain New Mexico residency during their appointment, and reduced the number of times the board is required to meet annually; in Subsection B, after "consists of", changed "nine" to "seven", after "appointment", added "and maintain New Mexico residency during their appointment", and after "Of the", changed "nine" to "seven", and in Paragraph B(2), changed "four" to "two"; and in Subsection G, after "shall meet", changed "at least twice" to "once".

The 2003 amendment, effective June 20, 2003, in Paragraph B(1), deleted the former third sentence that read "These members shall not hold any elected or appointed office in any professional organization of counseling, psychology or closely related field during their tenure on the board, nor shall they be school owners"; and added Subsection H.

The 1999 amendment, effective July 1, 1999, in Subsection B(2) deleted the third sentence, which read: "The initial professional members shall meet requirements for licensure and be licensed within one year after the effective date of the licensure requirements" and inserted "independent and licensed" in the last sentence, and rewrote Subsection C which read: "All members of the board shall be appointed by the governor for staggered terms of four years, except that the initial board shall be appointed so that the terms of one professional and one public member expire June 30, 1994, the terms of one professional and one public member expire June 30, 1995, the terms of one professional and one public member expire on June 30, 1996 and the terms of one professional and one public member expire June 30, 1997. The alcohol and drug abuse counselor shall be appointed to a four-year term beginning July 1, 1996. Each member shall hold office until his successor is appointed. Vacancies shall be filled in the same manner as original appointments. No appointee shall serve more than two terms".

The 1996 amendment, effective July 1, 1996, substituted "nine members" for "eight members" twice in Subsection B, substituted "five members" for "four members" at the beginning of Paragraph B(1), inserted "and an alcohol and drug abuse counselor" in the first sentence of Paragraph B(1), deleted "four" preceding "professional members" near the beginning of the third sentence of Paragraph B(1), substituted "licensure requirements" for "Counseling and Therapy Practice Act" at the end of the third sentence of Paragraph B(1), added the second sentence in Subsection C, added "and the alcohol and drug directors association" at the end of Paragraph D, and made stylistic changes throughout the section.