New Mexico Register / Volume XXXIII, Issue 1 / January 11, 2022

This is an amendment to 16.22.12 NMAC, Section 8 effective 02/10/2022.

16.22.12.8 CONDITIONS OF PRACTICE FOR PSYCHOLOGIST ASSOCIATES:

A. Supervision by a licensed psychologist or board-certified psychiatrist.

(1) Psychologist associates who engage in the practice of psychology shall be supervised by a licensed psychologist or a board-certified psychiatrist, except in the area of psychological or cognitive testing. The supervising psychologist must be licensed in New Mexico as a psychologist with the New Mexico board of psychologist examiners, be in good standing and have no history of rule violations. If the psychologist associate conducts psychological, [and/or] cognitive testing, the psychologist associate shall be supervised in this area of practice by a licensed psychologist. The psychologist shall explicitly agree to supervise the psychologist associate.

(2) The supervisor shall assume professional and ethical responsibility for the work of the psychologist associate performed in the course of their professional relationship.

(3) The supervisor shall provide supervision only in those areas of practice in which [he/she] the supervisor is qualified to render services.

(4) The supervisor shall not provide supervision to one who is [his/her] their administrative superior(s) or is a member of his or her family.

(5) The supervisor shall keep records of supervision. Such records shall be kept separately from the client’s records and shall include dates of supervision, without reference to the client’s name. Such records shall be submitted to the board on an [annual] biennial basis as a condition of the renewal process.

(6) The supervisor shall not exploit the psychologist associate for financial gain or with excessive work demands. The supervisor shall make every effort to avoid exploitation of the psychologist associate by an agency with which the supervisor and psychologist associate are affiliated.

(7) Financial arrangements between the supervisor and the psychologist associate shall be clear and shall not interfere with or compromise the ethical, professional, and legal responsibilities each party has to the client or patient and to each other. Psychologist associates may bill clients or patients independently from the supervisor, provided that this arrangement does not interfere with or compromise those responsibilities.

B. Nature of supervision from licensed supervisor.

(1) Supervision of a psychologist associate shall cover all aspects of the psychologist associate’s work and shall include at least two hours a month of one-to-one supervision between the psychologist associate and the supervisor. If the psychologist associate who is supervised by a board-certified psychiatrist also conducts psychological or cognitive testing in his practice, the psychologist associate must be supervised by a licensed psychologist at least two additional hours per month in this area of practice.

(2) The client or patient shall always be informed about the nature of the professional relationship that exists between the supervisor and the psychologist associate. The client shall be informed of his/her right to meet with the supervisor upon request and that the supervision of the psychologist associate by the supervisor may involve a review of the content of the evaluation documents and intervention plans.

C. Supervisory agreement with licensed supervision.

(1) The psychologist associate and his supervisor shall file a [notarized] letter of agreement signed by all parties setting forth the terms of the supervisory arrangements. This agreement shall be updated and provided to the board as a condition of the [yearly] biennial renewal of the psychologist associate’s license. If there is no change in the agreement, a letter informing the board that there is no change, signed by both parties, shall accompany the [yearly] biennial renewal of the psychologist associate’s license.

(2) Both the supervisor and the psychologist associate shall notify the board in writing within 30 days of termination if the supervisory agreement is terminated or the supervisory relationship ends for any reason. Most importantly, termination of the supervisory relationship shall be accomplished in a context of primary concern for the clients receiving care.

D. Ethical responsibilities of psychologist associates.

(1) The psychologist associate shall assume legal, ethical, and professional responsibility for the welfare of the client or patient, including client or patient diagnosis, intervention, and outcome of intervention.

(2) The psychologist associate shall provide services only in those areas of practice for which he is qualified.

E. Disclosure requirements. Any person licensed as a psychologist associate who advertises or solicits services to the general public shall specifically state: “Licensed psychologist associate - supervised practice.”

[16.22.12.8 NMAC - Rp, 16.22.12.8 NMAC, 11/15/2006; A, 7/1/2018; A, 02/10/2022]