New Mexico Statutes
Article 9A - Counseling and Therapy
Section 61-9A-9 - Board; powers and duties. (Repealed effective July 1, 2028.)

A. The board may:
(1) adopt and file in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] rules necessary to carry out the provisions of the Counseling and Therapy Practice Act;
(2) select and provide for the administration of, at least, semiannual examinations for licensure;
(3) establish the passing scores for examinations;
(4) take any disciplinary action allowed by and in accordance with the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] and necessary to carry out the provisions of the Counseling and Therapy Practice Act;
(5) censure, reprimand or place a licensee or registrant on probation;
(6) require and establish criteria for continuing education;
(7) establish by rule procedures for receiving, investigating and resolving complaints;
(8) approve appropriate supervision, and postgraduate experience for persons seeking licensure or registration;
(9) provide for the issuance of licenses;
(10) determine eligibility of individuals for licensure or registration;
(11) set fees for administrative services and registration, as authorized by the Counseling and Therapy Practice Act, and authorize all disbursements necessary to carry out the provisions of that act;
(12) except as provided in Section 61-1-34 NMSA 1978, set fees for licenses, as authorized by the Counseling and Therapy Practice Act, and authorize all disbursements necessary to carry out the provisions of that act;
(13) establish criteria for supervision and supervisory requirements, including the appropriate application of technology;
(14) establish a code of ethics; and
(15) establish committees.
B. The board may establish a standards committee for each licensed profession. The members of each standards committee shall be appointed by the board with the consent of the department and shall include at least one board member from the licensed profession and at least one public board member. The board member representing each respective profession shall chair its standards committee and the committee shall:
(1) recommend and periodically review a code of ethics;
(2) review license applications and recommend approval or disapproval;
(3) develop criteria for supervision, including the appropriate application of technology; and
(4) recommend rules.
C. Members of the standards committees or other committees may be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], but shall receive no other compensation, perquisite or allowance.
History: Laws 1993, ch. 49, § 9; 1996, ch. 61, § 7; 1999, ch. 161, § 7; 2003, ch. 422, § 7; 2020, ch. 6, § 25; 2021, ch. 93, § 7.
Delayed repeals. — For delayed repeal of this section, see 61-9A-30 NMSA 1978.
The 2021 amendment, effective June 18, 2021, authorized the counseling and therapy practice board to take any disciplinary action necessary to carry out the provisions of the Counseling and Therapy Practice Act, and authorized the application of technology to supervision; in Subsection A, Paragraph A(1), after "adopt", deleted "in accordance with the Uniform Licensing Act", in Paragraph A(4), after "Uniform Licensing Act", added "and necessary to carry out the provisions of the Counseling and Therapy Practice Act", and in Paragraph A(13), after "supervisory requirements,", added "including the appropriate application of technology"; and in Subsection B, Paragraph B(3), after "supervision,", added "including the appropriate application of technology".
The 2020 amendment, effective July 1, 2020, authorized the counseling and therapy practice board to authorize all disbursements necessary to carry out the provisions of the Counseling and Therapy Practice Act, and provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in Subsection A, added a new Paragraph A(12) and redesignated the succeeding paragraphs accordingly.
The 2003 amendment, effective June 20, 2003, deleted "for a period not to exceed one year" in Paragraph A(5); deleted "and certificates of registration" in Paragraph A(9); deleted the former last sentence of Subsection C, 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 standards committees."
The 1999 amendment, effective July 1, 1999, substituted "may" for "shall have the power to" in Subsection A, deleted "and regulations" following "rules" in Subsection A(1), added Subsection A(14), and inserted "or other committees" at the beginning of Subsection C.
The 1996 amendment, effective July 1, 1996, deleted "by rule" following "establish" in Paragraph A(3), rewrote Paragraph A(4), substituted "registration" for "certification" in Paragraphs A(8) and A(10), deleted "certificates of" preceding "registration" in Paragraph A(11), rewrote Paragraph A(12), deleted former Paragraph A(13) adopting rules implementing an impaired counselor and therapist practitioner treatment program, deleted former Paragraph A(14) relating to approving certain registered mental health supervisors, redesignated Paragraph A(15) as Paragraph A(13) and rewrote that paragraph, rewrote Paragraph B(1), deleted Paragraphs B(5) and B(6) relating to creating long-term professional development goals and periodically reviewing the professional code of ethics, and made stylistic changes throughout the section.