New Mexico Statutes
Article 9A - Counseling and Therapy
Section 61-9A-5 - Scopes of practice. (Repealed effective July 1, 2028.)

A. For the purpose of the Counseling and Therapy Practice Act, a person is practicing as a professional mental health counselor, professional clinical mental health counselor, marriage and family therapist, professional art therapist, registered independent mental health counselor, registered mental health counselor, licensed mental health counselor, licensed associate marriage and family therapist, alcohol and drug abuse counselor, alcohol abuse counselor, drug abuse counselor or substance abuse associate if the person advertises, offers to practice, is employed in a position described as professional mental health counselor, professional clinical mental health counselor, marriage and family therapist, professional art therapist, registered independent mental health counselor, alcohol and drug abuse counselor, alcohol abuse counselor, drug abuse counselor or substance abuse counselor associate, or holds out to the public or represents in any manner that the person is licensed or registered to practice as a counselor or therapist enumerated in this section in this state.
B. "Practice of professional clinical mental health counseling" means the application of mental health, psychotherapeutic and human development principles through a therapeutic relationship to:
(1) achieve the mental, emotional, physical, social, moral, educational, spiritual or career-related development and adjustment of the client throughout the client's life;
(2) diagnose, evaluate, prevent and treat mental, emotional or behavioral disorders and associated distresses that interfere with mental health;
(3) conduct appraisal, assessments and evaluations to establish treatment goals and objectives; and
(4) plan, implement and evaluate treatment plans using counseling treatment interventions and strategies.
C. "Practice of professional art therapy" means the licensed practice of counseling or therapy services to individuals, families or groups, of services that use art media as a means of expression and communication to:
(1) achieve the mental, emotional, physical, social, moral, educational, spiritual or career-related development and adjustment of the client throughout the client's life;
(2) diagnose, evaluate, prevent and treat mental, emotional or behavioral disorders and associate distresses that interfere with mental health;
(3) conduct appraisal, assessments and evaluations to establish treatment goals and objectives; and
(4) plan, implement and evaluate treatment plans using counseling or therapy treatment interventions and strategies.
D. "Practice of marriage and family therapy" means the licensed practice of marriage and family therapy services delivered to persons, couples and families treated singly or in groups within the context of family systems to:
(1) achieve the mental, emotional, physical, social, moral, educational, spiritual or career-related development and adjustment of the client throughout the client's life;
(2) diagnose, evaluate, prevent and treat mental, emotional or behavioral disorders and associate distresses that interfere with mental health;
(3) conduct appraisal, assessments and evaluations to establish treatment goals and objectives; and
(4) plan, implement and evaluate treatment plans using marriage and family therapy treatment interventions and strategies.
E. "Practice of licensed professional mental health counselor, licensed mental health counselor, registered independent counselor and licensed associate marriage and family therapist under an appropriate clinical supervisor" consists of rendering counseling services, which may include evaluation, assessment, consultation, diagnosing, development of treatment plans, case management counseling referral, appraisal, crisis intervention education, reporting and record keeping to individuals, couples, families or groups as defined by rule.
F. The scopes of practice of alcohol and drug abuse counseling, or both, consists of rendering treatment and intervention services specific to alcohol and other drug use disorders to persons, couples, families or groups. The services may include evaluation, assessment, diagnosis of chemical abuse and chemical dependency disorders only, consultation, development of treatment plans, case management-counseling, referral, appraisal, crisis intervention, education, reporting and record keeping. Nothing in this scope of practice shall be construed as preventing licensed alcohol and drug abuse counselors from providing screening and referrals for mental health disorders. However, assessment, treatment and diagnosis for such disorders is not within the scope of practice of this license. The practice of these activities will be limited to the individual's level of training, education and supervised experience. The alcohol and drug abuse counselor may provide therapeutic services that may include treatment of clients with co-occurring disorders or dual diagnosis in an integrated behavioral health setting in which a multidisciplinary team has developed a multidisciplinary treatment plan that is co-authorized by an independently licensed counselor or therapist. The treatment of a mental health disorder shall be supervised by an independently licensed counselor or therapist.
G. The scope of practice of a substance abuse associate under the supervision by an appropriate supervisor is limited to supervised work in a public or private institution. The associate may be involved in taking social histories or conducting home studies. The associate utilizes the basic problem-solving process of gathering information, assessing that information at a beginning professional level and developing an intervention plan. The associate may implement the plan and conduct follow-ups pertaining specifically to alcohol and drug abuse counseling. The associate may provide client education and assist a licensed counselor-therapist with group or individual counseling sessions. A substance abuse associate shall not practice independently as a private practitioner.
History: Laws 1993, ch. 49, § 5; 1996, ch. 61, § 3; 1999, ch. 161, § 4; 2003, ch. 422, § 3; 2005, ch. 210, § 3; 2007, ch. 166, § 1.
Delayed repeals. — For delayed repeal of this section, see 61-9A-30 NMSA 1978.
The 2007 amendment, effective June 15, 2007, permitted a drug and alcohol abuse counselor to provide therapeutic services to clients with co-occurring disorders or dual diagnosis and requires that treatment of a mental health disorder be supervised by a licensed counselor or therapist.
The 2005 amendment, effective June 17, 2005, in Subsection A, added "licensed associate marriage and family therapist", changed "substance abuse trainee" to "substance abuse associate" and deleted "registered mental health counselor"; in Subsection B, deleted "professional art therapist or marriage and family therapist"; in Subsection C, added the definition of "practice of professional art therapy"; in Subsection D, added the definition of "practice of marriage and family therapy"; in Subsection E, deleted from the defined terms "registered mental health counselor" and the word "supervision" and changed "regulation" to "rule"; in former Subsection D, deleted the definition of "practice of licensed professional mental health counselor"; in Subsection F, deleted "alcohol abuse counselors" and "drug abuse counselors"; and in Subsection G, changed "trainee" to "associate" and provided that a substance abuse associate shall not practice independently as a private practitioner.
The 2003 amendment, effective June 20, 2003, substituted the present heading for "scope of practice"; in Subsection A, inserted "registered mental health counselor, licensed mental health counselor" near the beginning, substituted "trainee" for "intern" near the middle, "counselor trainee" for "intern" near the end, inserted "a counselor or therapist enumerated in this section" near the end; rewrote Subsection B; added Subsections C, D, E, and F.
The 1999 amendment, effective July 1, 1999, inserted "registered independent mental health counselor" twice in Subsection A and inserted "independent" preceding "drug abuse".
The 1996 amendment, effective July 1, 1996, designated the existing provisions as Subsection A, substituted "registered mental health counselor, alcohol and drug abuse counselor, alcohol abuse counselor, drug abuse counselor or substance abuse intern" for "or registered mental health counselor," following "professional art therapist" twice in Subsection A, substituted "registered to practice as such" for "certified to practice as such" near the end of Subsection A, and added Subsection B.