N.M. Admin. Code § 16.22.1.7 - DEFINITIONS
As used in these regulations, the following words and phrases have the following meanings, unless the context or intent clearly indicates a different meaning:
A.
"Accredited by a nationally recognized accreditation body" means
accredited by an organization that is listed as a programmatic accrediting
organization for doctoral psychology in the most recent Directory of
CHEA-Recognized Organizations promulgated by the council for higher education
accreditation.
B.
"Act" means the Professional Psychologist Act, Section
61-9-1 through
61-9-19 NMSA 1978.
C.
"Administrator" or
"board administrator" means the staff person assigned certain
express or implied executive and administrative functions of the board as
defined by board regulations or as required to carry out the provisions of the
act.
D.
"Adult" means
all persons 18 years of age or older.
E.
"Applicant" means a person
who has completed all educational requirements of the eligibility requirements
for licensure and has submitted a complete application to the board. An
applicant is seeking approval of their application by the board to advance him
or her to candidacy for licensure.
F.
"Approved supervision
program" means a formal internship or program of postdoctoral supervised
experience in New Mexico that is designed to prepare an applicant for licensure
and that has been accredited by a nationally recognized accreditation body, or
a program of training for licensure in New Mexico that has been formally
approved in advance and in writing by the board as meeting the requirements for
internship or postdoctoral supervised experience.
G.
"Board administrator" or
"administrator" means the staff person assigned certain express or
implied executive and administrative functions of the board as defined by board
regulations or as required to carry out the provisions of the act.
H.
"Board certified
psychiatrist" means a physician licensed in New Mexico who has been
certified by the American board of psychiatry and neurology in the specialty of
psychiatry or the subspecialty of child and adolescent psychiatry.
I.
"Board regulations" or
"regulations" means any part adopted by the board pursuant to
authority under the act and includes any superseding regulation.
J.
"Candidate" is an applicant
whose application has been approved by the board and is eligible to take the
online jurisprudence examination.
K.
"Children/adolescents" mean
all persons through 17 years of age (children two-12 years; adolescents 13-17
years).
L.
"Client"
means a person, corporate entity, patient or organization that is a recipient
of psychological services. A corporate entity or other organization is a client
when the purpose of the professional contract is to provide services of benefit
primarily to the organization rather than to the individuals. In the case of
individuals with legal guardians, including minors and legally incompetent
adults, the legal guardian shall be the client for decision-making purposes,
except that the individual receiving services shall be the client for:
(1) issues directly affecting the physical or
emotional safety of the individual, such as sexual or other exploitative dual
relationships; and
(2) issues
specifically reserved to the individual, and agreed to by the guardian prior to
rendering of services, such as confidential communication in a therapy
relationship;
(3) all matters
specifically designated to individuals in the Mental Health Code and Children's
Code, NMSA 1978.
M.
"Confidential information" means information revealed by a patient
or clients or otherwise obtained by a psychologist, as a result of a
confidential relationship where there is reasonable expectation that the
information is not to be disclosed by the psychologist without the informed
written consent of the patient or client in accordance with the Public Health
Act, Section
24-1-20 NMSA 1978. A confidential
relationship, as used here, results from:
(1)
the relationship between the patient(s) or client(s) and the psychologist,
or
(2) the circumstances under
which the information was revealed or obtained; when such information is
revealed or obtained through the psychologist's interaction with an individual
from within a client corporation or organization, and that interaction is the
result of the professional contract between the psychologist and the client
corporation or organization, the confidential relationship is between the
psychologist and that client corporation or organization, not between the
psychologist and a patient or other individual within the corporation or
organization; in this instance, information obtained by the psychologist from a
patient or other individual shall be available to the organization unless such
information was obtained in a separate professional relationship with that
individual and is therefore subject to confidentiality requirements in
itself.
N.
"Conditional prescribing psychologist" means a licensed
psychologist who holds a valid conditional prescription certificate.
O.
"Conflict of interest" means
any situation or relationship that compromises or impairs, or appears to
compromise or impair, the neutrality, independence or objectivity of a
psychologist, psychologist associate, supervising physician, or board member,
including relationships or situations that arise from past or present familial,
social, fiduciary, business, financial, health care provider-patient
relationship, agency, or other personal relationship. Paying or receiving an
appropriate fee for supervisory services is not a conflict of interest.
Conflict of interest includes dual relationships as provided herein at
16.22.2.9 NMAC.
P.
"Consultant" means a licensed
psychologist who provides professional advice or opinion to another licensed
psychologist and who has no professional relationship with the patient or
client, has no authority over the case, or has no responsibility for the
services performed for the patient or client or the welfare of the patient or
client.
Q.
"Continuing
professional education" means educational opportunities beyond doctoral
education and initial entry level training as a psychologist or psychologist
associate for which hourly credit is earned. It is the process through which
professional licensees review psychological concepts and techniques, acquire
new knowledge or skills relevant to their work, and improve their competence in
current skills. These activities are intended to supplement what has already
been attained in training and practice. It is an ongoing process consisting of
formal learning activities at the postgraduate level that are:
(1) relevant to psychological practice,
education, and science;
(2) enable
psychologists to keep pace with emerging issues and technologies; and
(3) allow psychologists to maintain, develop
and increase competencies in order to improve services to the public and
enhance contributions to the profession.
R.
"Controlled substance" means
any drug, substance or immediate precursor enumerated in schedules I through V
of the U.S. Drug Enforcement Administration, Controlled Substance Act and in
Sections 30-31-6 thru 30-31-10 NMSA 1978,
of the act.
S.
"Court
order" means the written communication of a member of the judiciary, or
other court magistrate or administrator, if such authority has been lawfully
delegated to such magistrate or administrator that is under the authority of
law.
T.
"Criminal Offender
Employment Act", Sections
28-2-1 thru 28-2-6 NMSA 1978 is
the statutory provision regulating the relevance and weight to be given an
applicant, candidate, or licensee's criminal record, by the board, during the
licensure or renewal process.
U.
"Cultural competence" means the ability and the will to respond to
the unique needs of an individual patient that arise from the patient's
culture, and the ability to use aspects of the person's culture as a resource
or tool to assist with the intervention. Cultural competence includes being
able to:
(1) recognize and respond to health
related beliefs and cultural values;
(2) incorporate research about disease
incidence and prevalence, and treatment efficacy; and
(3) know when to seek consultation about the
patient's culture.
V.
"Currently enrolled" means enrolled as a student in a college or
university.
W.
"Custodian" means the board administrator.
X.
"Designated as a doctoral program in
psychology by a nationally recognized designation system" means listed
as an approved doctoral program by the Association of State and Provincial
Psychology Boards/National Register Designation Project prior to the
termination of that project on June 1, 2018.
Y.
"Disqualifying criminal
conviction" has the same meaning as defined in Subsection E of Section
61-1-36 NMSA 1978;
Z.
"Drug or substance" means
substances recognized as drugs in the official United States pharmacopoeia,
official homeopathic pharmacopoeia of the United States or official national
formulary or any respective supplement to those publications. It does not
include devices or their components, parts or accessories.
AA.
"Electronic signatures"
means an electronic sound, symbol or process attached to or logically
associated with a record and executed or adopted by a person with the intent to
sign the record.
BB.
"Electronic transmission" means the sending of information through
the telephone lines, cable or internet, as in e-mail or facsimile
(fax).
CC.
"Ethno-pharmacology" means the basic and clinical sciences of
treatment of specific mental illness with ethnically or culturally appropriate
drugs.
DD.
"Filed with the
board" means electronic submission through the board's online
portal.
EE.
"Geriatric" means all persons 65 years of age and over.
FF.
"Good cause" means the
inability to comply because of illness, undue hardship, or extenuating
circumstances that are not willful and are beyond the control of the person
asserting good cause. The person asserting good cause shall have the burden to
demonstrate good cause.
GG.
"Governmental Conduct Act" 10-16-1 thru 10-16-18 NMSA 1978 is the
statutory provision which sets forth standards of conduct and ethical
principles for public service.
HH.
"Inactive status" means a procedure of the board to affirm that a
licensee is not engaged in active practice.
II.
"Independently licensed prescribing
clinician" means a licensed physician, osteopathic physician, nurse
practitioner, psychiatric nurse practitioner, or clinical nurse
specialist.
JJ.
"Initial
application" means the initial application for licensure filed with the
board by an applicant not previously or currently licensed in any
jurisdiction.
KK.
"In-person
supervision" is supervision of psychological services where the
supervisor is physically present in the same room as the trainee.
LL.
"Inspection of Public Records
Act", Sections
14-2-1 thru 14-2-12 NMSA 1978 is
the statutory provision acknowledging the fundamental right of access to public
records afforded citizens and media in a democracy, and governing the
administration of that right.
MM.
"Licensed" means licensed or certified, registered, or any other
term including temporary, provisional, emergency, unrestricted, active or
inactive license or licensure, when such term identifies a person whose
professional behavior is subject to regulation by the board by authority of the
act.
NN.
"Licensee"
means a psychologist licensed pursuant to the provisions of the act and board
regulations.
OO.
"Licensee in
good standing" means a licensed psychologist who is not the subject of a
pending investigation, adjudicatory proceeding, or petition on appeal or
review, or whose license is not restricted, suspended, or revoked in New Mexico
or any other state or licensing jurisdiction.
PP.
"Medical supervision" means
direct oversight of the psychologist trainee's psychopharmacological practice
by a qualified supervising physician approved by the board. Supervision may be
on-site or off-sit as specified in the rule.
QQ.
"Medical supervisor" means a
qualified supervising physician approved by the board.
RR.
"Member of the family" means
a parent, spouse, child, stepchild, grandchild, grandparent, sibling, uncle,
aunt, niece or nephew, or other relative by blood, marriage, or legal process
with whom the supervisor or physician supervisor has or has had a close
familial relationship.
SS.
"Member of the household" means residing within the same dwelling
unit, either continuously or intermittently, regardless of whether fee or rent
is paid or received.
TT.
"Military service member" means a person who is serving in the
armed forces of the United States or in an active reserve component of the
armed forces of the United States, including the national guard.
UU.
"National certification
exam" means an examination that evaluates the psychopharmacological
knowledge base of the applicant, is developed with the intention to administer
it to psychologists seeking certificates or licenses to prescribe psychotropic
medication in any state with prescriptive authority for psychologists, and
meets standards acceptable to the board and the medical board.
VV.
"Nationwide criminal history
record" means information concerning a person's arrests, indictments, or
other formal criminal charges and any dispositions arising there from,
including convictions, dismissals, acquittals, sentencing and correctional
supervision, collected by criminal justice agencies and stored in the
computerized databases of the federal bureau of investigation, the national law
enforcement telecommunications systems, the department of public safety or the
repositories of criminal history information in other states."
WW.
"Nationwide criminal history
screening" means a criminal history background investigation of an
applicant for licensure by examination or endorsement through the use of
fingerprints reviewed by the department of public safety and submitted to the
federal bureau of investigation, resulting in the generation of a nationwide
criminal history record for that applicant."
XX.
"New Mexico administrative
code" or "NMAC", Section
14-4-7.2 NMSA 1978 is the official
compilation of current rules filed by state agencies in accordance with New
Mexico statutes.
YY.
"New
Mexico statutes annotated 1978 or NMSA 1978" is the official compilation
of state laws.
ZZ.
"Non-licensed person" means a student, an applicant or
postdoctoral person working under supervision in order to satisfy licensure
requirements in psychology, and employees or staff of a licensed
psychologist
AAA.
"Open
Meetings Act", 10-15 NMSA 1978 is the statutory provision requiring that
public business be conducted in full public view; providing guidelines
governing both public and closed meetings, and regulating the notice, agenda
and minutes of such meetings.
BBB.
"Outdated test" means a test for which a revision has been
available for three or more years.
CCC.
"Out-of-state psychologist"
means a psychologist licensed in another state, a territorial possession of the
United States, the District of Columbia, or the Commonwealth of Puerto Rico,
the U.S. Virgin Islands, or a Canadian province who is in good standing in
their licensing jurisdiction(s).
DDD.
"Patient" means a person
who is treated, examined, assessed, or interviewed by a licensed psychologist
or licensed psychologist associate or a non-licensed person working under
supervision as provided in these regulations. In the case of minor patients or
adult patients who are legally incompetent, the legal guardian shall represent
the patient for decision-making purposes, except that the patient shall be
directly consulted by the psychologist or psychologist associate for:
(1) issues directly affecting the physical or
emotional safety of the individual, such as sexual or other exploitative dual
relationships;
(2) issues
specifically reserved to the individual, and agreed to by the guardian prior to
rendering of services, such as confidential communication in a therapy
relationship, and
(3) all matters
specifically designated to individuals in the Mental Health and Developmental
Disabilities Code (MHDDC), Section
43-1-19 NMSA 1978, and the
Children's Code, Section
32A-1-1 thru 32A-1-20 NMSA
1978.
EEE.
"Physician" means an allopathic or osteopathic
physician.
FFF.
"Practicum" means a period of supervised clinical training and
practice in which specific scientific and clinical techniques and diagnoses are
learned.
GGG.
"Prescribing
applicant" means a licensed psychologist who has made application to the
board for a conditional prescribing or prescribing certificate.
HHH.
"Prescription" means an
order given individually for the person for whom prescribed, either directly
from the prescriber to the pharmacist or indirectly by means of a written order
signed by the prescriber, and bearing the name and address of the prescriber,
their license classification, the name and address of the patient, the name and
quantity of the drug prescribed, directions for use and the date of issue. No
person other than a prescriber shall prescribe or write a
prescription.
III.
"Primary
treating health care practitioner" means the health care practitioner
who is directly responsible for treating a specific illness or condition of a
patient. The primary treating health care practitioner may be a primary care
practitioner, or may be a medical specialist.
JJJ.
"Professional relationship"
means a mutually agreed-upon relationship between a psychologist and a
patient(s) or client(s) for the purpose of the patient(s) or client(s)
obtaining the psychologist's professional services.
KKK.
"Professional service"
means all actions of the psychologist in the context of a professional
relationship with a client or patient.
LLL.
"Properly made application"
means a completed form for a psychologist or psychologist associate license
filed with the board that is complete in all particulars and appears on its
face to satisfy all minimum age, educational, supervision, payment, and other
requirements except examination requirements for licensure as required by the
act and these regulations.
MMM.
"Clinical Psychopharmacology" means the psychological-medical
specialty concerned with the study, diagnosis, treatment, and prevention of
mental and behavioral disorders, and includes the prophylaxis against or
treatment of adverse effects associated with intervention.
NNN.
"Psychopharmacotherapy"
means the application of pharmacotherapeutics to psychological
problems.
OOO.
"Recent
Veteran" means a person who has received an honorable discharge or
separation from military service within the two years immediately preceding the
date the person applied for an occupational or professional license pursuant to
this section.
PPP.
"Reciprocity" means facilitation of licensure for individuals
holding a license as a psychologist in another jurisdiction; reciprocity does
not mean that other states accept New Mexico licensees on an equal basis but is
an invitation that they do so.
QQQ.
"Public Health Act", Sections
24-1-1 thru 24-1-30 NMSA 1978,
governs the confidentiality of patient or client record.
RRR.
"Restricted license" means
a psychologist who holds a temporary, provisional, emergency or inactive
license.
SSS.
"Rule"
means board regulations.
TTT.
"Socio-cultural" means aspects of mental illness related to social
and cultural mores and traditions of varied social and cultural
groups.
UUU.
"State Rules
Act", Sections
14-4-1 thru 14-4-5 NMSA 1978, is
the statutory provision that ensures that state agencies file with the state
records center and archives all rules and regulations including amendments or
repeals.
VVV.
"Statute" means a law that governs conduct within its scope. A
bill passed by the legislature becomes a statute; and "statutory authority"
means the boundaries of the board's lawful responsibility as laid out by the
statute that created it.
WWW.
"Supervisee" means any person who functions under the authority of
a licensed psychologist to provide psychological services as provided in the
act or board regulations.
XXX.
"Supervisor" means a licensed psychologist who agrees to provide
adequate supervision over a student, applicant, employee, staff, or other
non-licensed person and who remains ultimately responsible for the professional
conduct of the non-licensed person and the welfare of the patient.
YYY.
"Supervisory plan" means a
written document signed by an applicant for psychology license or a conditional
prescribing certificate and the supervisor of the applicant that describes the
nature of the supervisory relationship including but not limited to the number
of hours of supervision, population served, and credentials of supervisor, and
is presented to the board for approval.
ZZZ.
"Telephonic supervision"
means the supervision of psychological services through telephone or other
audio format where the supervisor is not in the same physical facility as the
trainee.
AAAA.
"Telesupervision" means the supervision of psychological services
through synchronous audio and video format where the supervisor is not in the
same physical facility as the trainee.
BBBB.
"Unrestricted license"
means a license in psychology with full privileges and responsibilities as
described in these regulations but is renewed annually or biennially. It does
not have a limitation of a provisional license, temporary license, emergency
license or inactive license as described herein.
CCCC.
"Year of supervised
experience" means 1500 hours of psychological work conducted under
supervision satisfactory to the board. The 1500 hours may be accumulated in one
or two consecutive calendar years in the case of an internship, three
consecutive years in the case of postdoctoral experience, or over the course of
graduate training in the case of doctoral experience.
DDDD.
"Doctoral training
program" means the program from which the applicant received their
doctoral degree to fulfill the educational requirements for licensure
(NMAC)
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.