A. Except as provided in Subsections B and C of this section, psychologists or psychologist associates shall not administer or prescribe drugs or medicine or in any manner engage in the practice of medicine as defined by the laws of this state.
B. A licensed psychologist holding a conditional prescription certificate may prescribe psychotropic medication under the supervision of a supervising clinician pursuant to the Professional Psychologist Act.
C. A prescribing psychologist may prescribe psychotropic medication pursuant to the Professional Psychologist Act.
History: 1953 Comp., § 67-30-16, enacted by Laws 1963, ch. 92, § 16; 1983, ch. 334, § 7; 1989, ch. 41, § 17; 2002, ch. 100, § 5; 2019, ch. 19, § 4.
Delayed repeals. — For delayed repeal of this section, see 61-9-19 NMSA 1978.
Cross references. — For definition of "practice of medicine," see 61-6-6 NMSA 1978.
The 2019 amendment, effective February 4, 2019, provided that a licensed psychologist holding a conditional prescription certificate may prescribe psychotropic medication under the supervision of a supervising clinician; in Subsection B, after "supervision of a", deleted "licensed physician" and added "supervising clinician".
The 2002 amendment, effective July 1, 2002, inserted the exception clause in Subsection A; and added Subsections B and C.
The 1989 amendment, effective June 16, 1989, substituted "licensed" for "certified".
Law reviews. — For case note, "Workers' Compensation Law: A Clinical Psychologist Is Qualified to Give Expert Medical Testimony Regarding Causation: Madrid v. University of California, d/b/a Los Alamos National Laboratory," see 18 N.M.L. Rev. 637 (1988).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 36, 50.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 15, 26, 27.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-9-1 - Short title. (Repealed effective July 1, 2028.)
Section 61-9-3 - Definitions. (Repealed effective July 1, 2028.)
Section 61-9-4 - Criminal offender's character evaluation. (Repealed effective July 1, 2028.)
Section 61-9-4.1 - License required. (Repealed effective July 1, 2028.)
Section 61-9-5 - State board of examiners; psychology fund. (Repealed effective July 1, 2028.)
Section 61-9-6 - Board; meeting; powers. (Repealed effective July 1, 2028.)
Section 61-9-7 - Fees; license renewal. (Repealed effective July 1, 2028.)
Section 61-9-8 - Records. (Repealed effective July 1, 2028.)
Section 61-9-9 - Licensure of psychologists without examination. (Repealed effective July 1, 2028.)
Section 61-9-10 - Licensure of psychologists from other areas. (Repealed effective July 1, 2028.)
Section 61-9-10.1 - Provisional and temporary licensure. (Repealed effective July 1, 2028.)
Section 61-9-11 - Licensure; examination. (Repealed effective July 1, 2028.)
Section 61-9-11.2 - Criminal background checks. (Repealed effective July 1, 2028.)
Section 61-9-12 - License. (Repealed effective July 1, 2028.)
Section 61-9-13 - Denial, revocation or suspension of license. (Repealed effective July 1, 2028.)
Section 61-9-14 - Violation and penalties. (Repealed effective July 1, 2028.)
Section 61-9-15 - Injunctive proceedings. (Repealed effective July 1, 2028.)
Section 61-9-16 - Scope of act. (Repealed effective July 1, 2028.)
Section 61-9-17 - Drugs; medicines. (Repealed effective July 1, 2028.)
Section 61-9-17.2 - Prescribing practices. (Repealed effective July 1, 2028.)
Section 61-9-18 - Privileged communications. (Repealed effective July 1, 2028.)
Section 61-9-19 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)